Legislature(2015 - 2016)Anch LIO Rm. A,B,C

06/11/2015 08:00 AM Senate FINANCE

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Audio Topic
08:25:50 AM Start
08:26:08 AM HB44
08:50:07 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 44 Presentation: Overview FY17 Operating Budget TELECONFERENCED
Moved SCS CSHB 44(FIN) Out of Committee
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."                                                                                 
8:26:08 AM                                                                                                                    
Co-Chair  MacKinnon noted  that  three  amendments had  been                                                                    
incorporated into the bill during  the previous meeting. She                                                                    
noted  the  intent  to address  additional  amendments.  She                                                                    
highlighted Amendment 4 that would  delete Section 14 of the                                                                    
bill [Note: Amendment  4 was offered and held at  the end of                                                                    
the  Senate  Finance  Committee  meeting  on  6/10/15,  1:11                                                                    
     Page 1, lines 6 - 7:                                                                                                       
     Delete   "relating   to   physical   examinations   for                                                                    
     Page 2, line 6:                                                                                                            
     Delete "Section 15"                                                                                                        
     Insert "Section 14"                                                                                                        
     Page 7, lines 21 - 27:                                                                                                     
     Delete all material.                                                                                                       
     Renumber the following bill sections accordingly.                                                                          
     Page 12, line 10:                                                                                                          
     Delete "sec. 15"                                                                                                           
     Insert "sec. 14"                                                                                                           
     Page 12, line 12:                                                                                                          
     Delete "sec. 15"                                                                                                           
     Insert "sec. 14"                                                                                                           
     Page 13, line 20:                                                                                                          
     Delete "15"                                                                                                                
     Insert "14"                                                                                                                
8:26:47 AM                                                                                                                    
AT EASE                                                                                                                         
8:26:54 AM                                                                                                                    
Senator Olson  addressed Amendment 4. He  explained that the                                                                    
section would  require a second physical  exam for teachers.                                                                    
He detailed that the amendment  would eliminate confusion by                                                                    
requiring only one physical exam.                                                                                               
Co-Chair MacKinnon OBJECTED.                                                                                                    
A roll call vote was taken on the motion.                                                                                       
IN FAVOR: Hoffman, Micciche, Olson, Bishop, Dunleavy                                                                            
OPPOSED: MacKinnon, Kelly                                                                                                       
The MOTION PASSED (5/2). Amendment 4 was ADOPTED.                                                                               
8:28:14 AM                                                                                                                    
AT EASE                                                                                                                         
8:28:39 AM                                                                                                                    
Vice-Chair Micciche  MOVED to ADOPT conceptual  Amendment 5.                                                                    
He explained that the amendment  would add an effective date                                                                    
of June 30,  2017 to Sections 4 related  to student surveys,                                                                    
Sections 20  and 22, and  Sections 21  and 23 as  adopted in                                                                    
Amendment 3.                                                                                                                    
Co-Chair MacKinnon OBJECTED.                                                                                                    
Vice-Chair Micciche explained that  there were some concerns                                                                    
from districts  on understanding  the impact of  the student                                                                    
survey  documentation  and  on the  volunteer  training  and                                                                    
mandatory  reporting. He  reasoned  that  the two-year  time                                                                    
period  would   provide  time  to  evaluate   the  potential                                                                    
Co-Chair  MacKinnon discussed  that  Section  22 related  to                                                                    
volunteers,  was language  she had  added to  the bill.  She                                                                    
emphasized  that  the  bill was  important  to  many  people                                                                    
across  the  state.  However,   there  were  other  families                                                                    
struggling with issues they had  faced as well. She shared a                                                                    
story  about a  family;  their  child had  been  raped on  a                                                                    
school  field  trip  and  the   coach  did  not  report  the                                                                    
incident. She relayed  that the family did not  find out and                                                                    
their  child subsequently  had  committed  suicide 15  years                                                                    
later.  She  encouraged a  yes  vote  on the  amendment  and                                                                    
WITHDREW her OBJECTION.                                                                                                         
There being NO further OBJECTION, Amendment 5 was ADOPTED.                                                                      
8:31:14 AM                                                                                                                    
Vice-Chair Micciche  MOVED to ADOPT conceptual  Amendment 6.                                                                    
The amendment would change the  implementation of Section 23                                                                    
for one year to June 30, 2016.                                                                                                  
Co-Chair MacKinnon OBJECTED for discussion.                                                                                     
Vice-Chair  Micciche  explained  that  the  amendment  would                                                                    
delay implementation  of Section 23  for one year;  it would                                                                    
continue  to   allow  access   to  the   Alaska  Performance                                                                    
Scholarship so  rural Alaskans could take  the required SAT,                                                                    
ACT, or WorkKeys tests until  the impacts of the change were                                                                    
fully understood.                                                                                                               
Senator  Olson   supported  the  conceptual   amendment.  He                                                                    
believed that  it was prudent  to continue to  provide rural                                                                    
students  with   access  to  the  college   entrance  exams;                                                                    
otherwise  the   students  would  need  to   travel  to  hub                                                                    
communities to take the tests, which was a disadvantage.                                                                        
Co-Chair MacKinnon WITHDREW her OBJECTION to Amendment 6.                                                                       
Senator  Dunleavy commented  that  the  section reflected  a                                                                    
bill that  had passed the House  sponsored by Representative                                                                    
Lynn  Gattis.  He   explained  that  a  new   law  had  been                                                                    
implemented  the previous  year  [under HB  178, an  omnibus                                                                    
education bill];  under the  law approximately  $500,000 had                                                                    
been designated for  the purpose of taking the  SAT, ACT, or                                                                    
WorkKeys  as  a condition  for  graduation.  He agreed  with                                                                    
Representative Gattis  that because the program  was new, it                                                                    
was  an  appropriate  place  to  cut;  the  money  would  be                                                                    
reallocated to  help with training  and to support  the main                                                                    
component of HB 44.                                                                                                             
There being NO further OBJECTION, Amendment 6 was ADOPTED.                                                                      
8:33:56 AM                                                                                                                    
Co-Chair MacKinnon  MOVED to  ADOPT conceptual  Amendment 7,                                                                    
which would delete lines 8 through 10 on page 13.                                                                               
Vice-Chair Micciche OBJECTED for discussion.                                                                                    
Co-Chair MacKinnon explained that  she had received an email                                                                    
from Department  of Education  and Early  Development (DEED)                                                                    
Commissioner Mike Hanley advising  that the task force would                                                                    
cost money.  She detailed  that it had  not been  the intent                                                                    
for per  diem costs to  be incurred for the  meetings, which                                                                    
would  focus on  curriculum development  and recommendations                                                                    
for  curriculum  standardization.  She  stated  that  people                                                                    
could participate  by telephone;  the state did  not believe                                                                    
it  was necessary  to  pay for  travel  associated with  the                                                                    
meetings.  She did  not believe  the absence  of a  per diem                                                                    
payment would  deter people  from participating.  She stated                                                                    
that if it  was a challenge for someone  to participate they                                                                    
could  speak with  her office.  She did  not want  to burden                                                                    
DEED with travel or per diem costs.                                                                                             
Vice-Chair Micciche  WITHDREW his OBJECTION. There  being NO                                                                    
further OBJECTION, conceptual Amendment 7 was ADOPTED.                                                                          
Vice-Chair Micciche discussed the  fiscal notes. Fiscal Note                                                                    
1 was from  DEED related to student  and school achievement;                                                                    
the note had zero fiscal impact from  FY 16 to FY 21 with no                                                                    
supplemental costs.                                                                                                             
8:36:53 AM                                                                                                                    
AT EASE                                                                                                                         
8:37:30 AM                                                                                                                    
Vice-Chair  Micciche noted  that any  costs associated  with                                                                    
activities  listed in  Fiscal Note  1 would  be incurred  by                                                                    
school districts;  the legislature  hoped any cost  would be                                                                    
minor.  He  added  that  there   was  sponsorship  by  child                                                                    
advocacy organizations to help  cover the costs. Fiscal Note                                                                    
2 from DEED  addressed the elimination of testing;  it had a                                                                    
negative  fiscal  impact  from  FY   16  through  FY  21  of                                                                    
approximately  $525,000. He  detailed that  the costs  would                                                                    
change as a  result in the delay of  the implementation date                                                                    
by one  year. Fiscal  Note 3 from  the Department  of Health                                                                    
and Social Services had zero fiscal  impact from FY 16 to FY                                                                    
21 and zero supplemental.                                                                                                       
Co-Chair  MacKinnon asked  support  for a  fiscal note  that                                                                    
contained  $10,000 as  a good  faith  effort to  communities                                                                    
that  had  pledged  to  provide  additional  funds  to  help                                                                    
implement  the  curriculum  related to  sexual  assault  and                                                                    
domestic  violence training  and  dating violence  training.                                                                    
There was  currently a $25,000  proposal moving  through the                                                                    
Alaska Children's Trust and  additional donations may occur.                                                                    
She believed  the state had  been able to  create electronic                                                                    
training  modules  (at  a  cost   of  $30,000)  for  suicide                                                                    
prevention.  She noted  that $10,000  was  below the  needed                                                                    
amount, but  sufficient funds had  been pledged to  fill the                                                                    
remaining gap.                                                                                                                  
8:39:54 AM                                                                                                                    
Co-Chair MacKinnon  noted that there  had not been  a fiscal                                                                    
note allowed out of the  committee using significant general                                                                    
fund dollars.                                                                                                                   
Senator Dunleavy referred to Fiscal  Note 1. He believed the                                                                    
last sentence  on page 2  was critical to  discussions about                                                                    
locating  mandates  to  remove  from  school  districts.  He                                                                    
explained that  the legislature and federal  government were                                                                    
responsible   for  creating   mandates  for   districts.  He                                                                    
believed  some of  the mandates  were very  good, but  costs                                                                    
were borne  on the  backs of school  districts. He  spoke to                                                                    
significant  financial cuts  to school  districts given  the                                                                    
state's  current budget  deficit.  He was  concerned that  a                                                                    
lack  in  financial  resources   could  mean  that  a  law's                                                                    
implementation would  come up short.  He stated  that school                                                                    
districts would have to locate  the resources internally. He                                                                    
noted that  as a result  of conversations there  were groups                                                                    
coming forward  to assist with  the costs. He  was confident                                                                    
that the message  was clear and that the  state would assist                                                                    
where it could to  ensure curriculum implementation was done                                                                    
in a way that would assure the desired outcomes.                                                                                
8:43:39 AM                                                                                                                    
Vice-Chair  Micciche  requested   that  bill  sponsors  help                                                                    
spread the word  to communities that "Erin's  Law and Bree's                                                                    
Law" were intact  in their entirety in the  bill. There were                                                                    
other items that  were helpful to the  cause. He underscored                                                                    
that impediments  to the  laws that  occurred in  an earlier                                                                    
bill  version  had  been removed.  The  committee  had  made                                                                    
instruction  to keep  children safe  a priority.  He thanked                                                                    
Co-Chair  MacKinnon for  a  compromise  that kept  important                                                                    
pieces in place and focused  the priority on the delivery of                                                                    
the   sexual  assault/domestic   violence  instruction.   He                                                                    
believed  the  issue was  the  number  one social  issue  in                                                                    
Alaska.  He was  looking forward  to the  results and  noted                                                                    
committee members'  commitment to continue  securing outside                                                                    
funding that would  keep costs down for the  state and would                                                                    
hopefully eliminate costs to school districts.                                                                                  
Senator Dunleavy  concurred with  the remarks  of Vice-Chair                                                                    
Micciche.  However, he  noted  that what  may  be viewed  as                                                                    
impediments  by  some could  be  viewed  as enhancements  by                                                                    
others. He remarked  that some of the items  could have held                                                                    
up the passage of the bill, which he did not want.                                                                              
8:46:39 AM                                                                                                                    
Co-Chair MacKinnon added that the  purpose of the task force                                                                    
was to  work to avoid  passing costs on to  school districts                                                                    
and  to provide  the curriculum  in  a way  that would  give                                                                    
teachers  and  parents  easy access.  She  believed  it  was                                                                    
important  to  have  transparency   in  the  efforts  moving                                                                    
forward  to eliminate  sexual assault,  dating and  domestic                                                                    
violence, suicide  prevention, and  drug and  alcohol abuse.                                                                    
She stressed that Alaska ranked  first in the nation on some                                                                    
significant  negative  social  issues. She  underscored  the                                                                    
importance   of  decreasing   the  numbers.   She  expressed                                                                    
appreciation  for  the  committee's support  in  reaching  a                                                                    
compromise. Additionally, she  appreciated the participation                                                                    
of other legislators and advocates.                                                                                             
Senator Olson commented from his  perspective of a father on                                                                    
the importance of the bill.                                                                                                     
Senator Dunleavy asserted  that the bill did  not only apply                                                                    
to  females.  He  discussed that  males  were  molested  and                                                                    
abused  as well.  He stated  that  some abuse  began when  a                                                                    
child was an  infant. He believed the training  would have a                                                                    
positive outcome and applied to people of all ages.                                                                             
Co-Chair MacKinnon remarked  that she did not  know the real                                                                    
statistics for boys.                                                                                                            
Co-Chair  Kelly MOVED  to  REPORT SCS  CSHB  44(FIN) out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes.                                                                                                      
There being NO OBJECTION, SCS  CSHB 44(FIN) was REPORTED out                                                                    
of committee  with a "do  pass" recommendation and  with one                                                                    
new fiscal  note from the  Senate Finance Committee  for the                                                                    
Department  of  Education  and Early  Development;  one  new                                                                    
fiscal impact  note from Department  of Education  and Early                                                                    
Development; one previously published zero fiscal note: FN                                                                      

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