Legislature(2015 - 2016)Anch LIO Auditorium

06/10/2015 10:00 AM Senate FINANCE

Download Mp3. <- Right click and save file as

Audio Topic
10:04:11 AM Start
10:04:19 AM HB44
10:24:07 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 44 Presentation: Overview FY17 Operating Budget TELECONFERENCED
Heard & Held
-- Invited Testimony --
Bills Previously Heard/Scheduled
CS FOR HOUSE BILL NO. 44(FIN)                                                                                                 
     "An  Act relating  to sexual  abuse and  sexual assault                                                                    
     awareness  and prevention  efforts  in public  schools;                                                                    
     and  relating to  dating violence  and abuse  awareness                                                                    
     and prevention efforts in public schools."                                                                                 
10:04:19 AM                                                                                                                   
Vice-Chair  Micciche  MOVED   to  ADOPT  proposed  committee                                                                    
substitute   for  CSHB   44(FIN),  Work   Draft  29-LS0258\S                                                                    
(Glover, 6/9/15).                                                                                                               
Co-Chair MacKinnon OBJECTED for discussion.                                                                                     
10:04:56 AM                                                                                                                   
AT EASE                                                                                                                         
10:05:36 AM                                                                                                                   
Co-Chair MacKinnon noted that  Co-Chair Kelly had joined the                                                                    
Vice-Chair Micciche  WITHDREW his prior motion.  He MOVED to                                                                    
ADOPT proposed  committee substitute for CSHB  44(FIN), Work                                                                    
Draft  29-LS0258\F  (Glover,   6/9/15).  Co-Chair  MacKinnon                                                                    
OBJECTED for discussion.  She asked her staff  to review the                                                                    
sectional analysis for the committee substitute (CS).                                                                           
10:06:25 AM                                                                                                                   
LAURA PIERRE,  STAFF, SENATOR  ANNA MACKINNON,  relayed that                                                                    
she would present  a sectional analysis for the  CS (copy on                                                                    
Co-Chair    MacKinnon   recognized    the   bill    sponsor,                                                                    
Representative Charisse  Millett in the  room. Additionally,                                                                    
Representatives Geran Tarr, Kurt  Olson, Sam Kito III, Scott                                                                    
Kawasaki, Les  Gara, and Senators  Berta Gardner,  and Cathy                                                                    
Giessel  were  present.  She  noted   that  the  purpose  of                                                                    
adopting  the CS  was to  provide the  public access  to the                                                                    
document on the legislative BASIS website.                                                                                      
Mr. Pierre relayed that the  bill was accessible online. She                                                                    
read from the sectional analysis:                                                                                               
     Section 1.  Provides a short  title for sec. 16  of the                                                                    
     bill Alaska Safe Children's Act.                                                                                           
     Section 2.  Limits AS 14.03.073, which  allows students                                                                    
     to  challenge  courses for  credit,  to  apply only  to                                                                    
     students in grades nine through 12.                                                                                        
     Section 3. Clarifies that school  districts do not have                                                                    
     to establish  assessment tools for all  courses offered                                                                    
     in grades  nine through 12 for  purposes of challenging                                                                    
     a course.                                                                                                                  
     Section  4.  Prohibits  school  districts,  principals,                                                                    
     other persons  in charge of  schools, or  teachers from                                                                    
     administering a questionnaire  or survey unless written                                                                    
     permission  is  obtained  from a  student's  parent  or                                                                    
     Section 5.  Amends AS  14.03.110(d) to  require schools                                                                    
     to inform parents or guardians  of who will have access                                                                    
     to results of questionnaires or surveys.                                                                                   
     Section   6.  Requires   regional   school  boards   to                                                                    
     establish procedures  to provide required  training for                                                                    
     school employees.                                                                                                          
     Section 7.  Requires borough and city  school boards to                                                                    
     establish procedures  to provide required  training for                                                                    
     school employees.                                                                                                          
     Section 8.  Requires the State  Board of  Education and                                                                    
     Early Development  (the board) to  establish procedures                                                                    
     for training employees of state boarding schools.                                                                          
     Section  9. Allows  school districts  to determine  how                                                                    
     frequently to provide training  related to selection of                                                                    
     nondiscriminatory textbooks and educational materials.                                                                     
     Section  10. Requires  individuals receiving  a teacher                                                                    
     certificate  to complete  training relating  to alcohol                                                                    
     and  drug  related   disabilities,  training  regarding                                                                    
     sexual  abuse  and  assault awareness  and  prevention,                                                                    
     training regarding dating  violence and abuse awareness                                                                    
     and  prevention,   and  training  related   to  suicide                                                                    
     Section 11. Requires school  districts to determine how                                                                    
     frequently to provide  employee evaluation training for                                                                    
     certificated school employees.                                                                                             
     Section  12.  Requires  school districts  and  regional                                                                    
     educational   attendance   areas   to   determine   how                                                                    
     frequently to provide training  relating to alcohol and                                                                    
     drug related disabilities.                                                                                                 
     Section 13. Removes  "additional" from AS 14.30.070(b),                                                                    
     which  pertains to  physical examinations  for students                                                                    
     required  by  the  Department   of  Health  and  Social                                                                    
     Section 14. Prohibits school  districts from paying the                                                                    
     costs of physical examinations for teachers.                                                                               
     Section  15.  Provides  that the  governing  bodies  of                                                                    
     school  districts  shall  adopt  policies  establishing                                                                    
     training  programs for  employees and  students related                                                                    
     to  sexual  abuse  and  sexual  assault  awareness  and                                                                    
     prevention  and, in  grades 7-12,  dating violence  and                                                                    
     abuse awareness and prevention.                                                                                            
     Section   16.  Makes   conforming   amendments  to   AS                                                                    
     Section 17.  Allows school  districts to  determine how                                                                    
     frequently to provide school crisis response training.                                                                     
     Section 18. Requires  continuing education for teachers                                                                    
     on  the following  subjects:  the  nature, extent,  and                                                                    
     cause  of  domestic  violence; procedures  designed  to                                                                    
     promote the  safety of the  victim and  other household                                                                    
     members;   resources    available   to    victims   and                                                                    
     perpetrators  of domestic  violence; and  the lethality                                                                    
     of domestic violence.                                                                                                      
     Section  19.  Allows  a  person  who  possess  a  valid                                                                    
     teacher certificate  and applies to work  at a facility                                                                    
     or residential child care facility  to request that the                                                                    
     person's  criminal  justice  information  and  national                                                                    
     criminal  history   record  check  on  file   with  the                                                                    
     department be  used to  satisfy criminal  history check                                                                    
     requirements for  the Department  of Health  and Social                                                                    
     Section  20. Adds  an  individual  who volunteers  with                                                                    
     children more  than four hours per  week to immediately                                                                    
     report the suspected harm.                                                                                                 
     Section  21. Modifies  state agency  training intervals                                                                    
     for  recognition  and  reporting  of  child  abuse  for                                                                    
     mandatory  reporters of  child  abuse  and neglect  and                                                                    
     allows school districts to  determine how frequently to                                                                    
     provide the training.                                                                                                      
     Section  22. Adds  the definition  of  volunteer to  AS                                                                    
     Section  23. Repeals  AS  14.03.075(a),  (b), (c),  and                                                                    
     (e),(1), and  AS 14.07.165(a)(5)  and (b)  which relate                                                                    
     to  college and  career readiness  assessments; and  AS                                                                    
     14.30.070(a)  and   14.30.120,  relating   to  physical                                                                    
     examinations required for students.                                                                                        
     Section 24.  Establish the  Alaska Safe  Children's Act                                                                    
     Task Force to develop model curricula.                                                                                     
     Section  25. Applicability  of Section  10 relating  to                                                                    
     training requirements for teachers.                                                                                        
     Section 26. Repeals Section 4, ch. 34, SLA 2012.                                                                           
     Section 27. Effective date.                                                                                                
Ms. Pierre noted  that Sections 10, 12, 18, 20,  22, 24, 25,                                                                    
and 27 were new.                                                                                                                
10:13:26 AM                                                                                                                   
Co-Chair MacKinnon  WITHDREW her  OBJECTION. There  being NO                                                                    
further OBJECTION, Work Draft 29-LS0258\F was ADOPTED.                                                                          
Vice-Chair  Micciche  asked  if  there  would  be  committee                                                                    
discussion  or  time for  committee  members  to review  the                                                                    
changes in the CS.                                                                                                              
Co-Chair MacKinnon  relayed that the purpose  of the current                                                                    
meeting was  to provide  the public  with the  new document.                                                                    
She added  that the  bill contained  some new  concepts that                                                                    
had   not  yet   been  discussed.   She  communicated   that                                                                    
amendments would be considered. She  pointed out that the CS                                                                    
included  formation of  a  task force,  which  may create  a                                                                    
separation of  power issue. She  noted that there  were some                                                                    
options  the committee  could consider  to solve  the issue.                                                                    
The CS accounted for the  legislature's interest in ensuring                                                                    
that the curriculum was available  for school districts. She                                                                    
relayed that 24 of Alaska's  54 school districts had adopted                                                                    
and implemented  some form of curriculum.  She believed time                                                                    
was  needed to  ensure  that a  standardized curriculum  was                                                                    
available for  districts to choose from.  She addressed that                                                                    
another  hurdle  was  that  state   law  required  that  the                                                                    
legislature could  not mandate individual  school districts'                                                                    
curriculum; therefore,  one solution was that  task force or                                                                    
advisory  board members  would be  ex officio.  She detailed                                                                    
that  the  legislature  was  not  trying  to  influence  the                                                                    
Department  of Education  and Early  Development's role  and                                                                    
responsibility,   but  was   trying  to   ensure  that   the                                                                    
curriculum was available. She  believed legislators shared a                                                                    
common  goal of  ensuring that  children were  protected and                                                                    
that training was available as soon as possible.                                                                                
Co-Chair MacKinnon made note  of the two-year implementation                                                                    
date  on  the  training  provision.  The  CS  proposed  that                                                                    
districts would  adopt the training,  but allowed  two years                                                                    
for the development. The intent  was to prevent the delay of                                                                    
implementation and  to ensure that  the Council  on Domestic                                                                    
Violence  and  Sexual  Assault  (CDVSA)  and  Department  of                                                                    
Administration     collaborate     and     possibly     make                                                                    
recommendations the following  legislative session to enable                                                                    
statutory standardization  of the training.  She underscored                                                                    
that she  had no  intention to  delay the  implementation of                                                                    
the bill.  The goal  was to improve  the outcomes  of safety                                                                    
for children  in the state's  schools. She relayed  that the                                                                    
committee  would  meet at  1:00  p.m.  to hear  invited  and                                                                    
public testimony  on the CS. She  highlighted that different                                                                    
bills and  concepts had been  incorporated into the  CS. For                                                                    
example,  the   House  had  passed   a  bill   sponsored  by                                                                    
Representative Lynn  Gattis that would  provide streamlining                                                                    
for   individual  districts   to   save  money;   therefore,                                                                    
Representative  Gattis  would  be  available  for  questions                                                                    
during  the  afternoon  meeting.  She asked  the  public  to                                                                    
contact  her  office  with  questions  related  to  specific                                                                    
sections of the bill.                                                                                                           
10:19:59 AM                                                                                                                   
Vice-Chair  Micciche  commented  that many  of  the  changes                                                                    
included in the  CS related to the initial  bill version. He                                                                    
pointed to the task force as  an example and noted that some                                                                    
extra  space   was  added,  but   it  did  not   change  the                                                                    
effectiveness of the "Erin and Bree law" sections.                                                                              
Senator Dunleavy  asked for clarification that  a section on                                                                    
parental  rights had  been completely  removed from  the CS.                                                                    
Co-Chair MacKinnon replied in  the negative. She believed it                                                                    
was a matter of perspective.  She elaborated that there were                                                                    
portions of what  had been SB 89 remaining in  the bill. She                                                                    
detailed that  the two most  controversial sections  for the                                                                    
public  had  been  removed,  which  had  prevented  abortion                                                                    
service  providers  from providing  training.  Additionally,                                                                    
Section 2 from SB 89 was not included in the CS.                                                                                
10:21:32 AM                                                                                                                   
Co-Chair  MacKinnon  stated  the   CS  included  an  opt-out                                                                    
provision  for   parents  who   were  concerned   about  the                                                                    
Vice-Chair Micciche  clarified that the original  version of                                                                    
HB 44 had also included an opt-out provision.                                                                                   
Co-Chair   MacKinnon   referred   to   the   formatting   of                                                                    
legislation  and  the  challenge   in  recognizing  what  is                                                                    
existing state  statute versus  new language.  She furthered                                                                    
that  the  CS  also touched  upon  teachers'  credentialing,                                                                    
which  she believed  strengthened the  training proposed  in                                                                    
the bill.  She noted that  it would impact  teachers seeking                                                                    
professional credentials  in Alaska. She  expressed interest                                                                    
in  public comment  on the  issue. She  reiterated that  the                                                                    
committee would meet  at 1:00 p.m. to  hear public testimony                                                                    
on the CS.                                                                                                                      

Document Name Date/Time Subjects
HB 44 SCSHB44 work draft version F (FIN).pdf SFIN 6/10/2015 10:00:00 AM
HB 44
HB 44 SCSCSHB 44(FIN) - Sectional Analysis.pdf SFIN 6/10/2015 10:00:00 AM
HB 44