Legislature(2017 - 2018)SENATE FINANCE 532

05/10/2018 09:30 AM Senate FINANCE

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
Moved CSHB 331(FIN) Out of Committee
Moved SCS HB 214(FIN) Out of Committee
Moved CSHB 260(FIN) AM Out of Committee
HOUSE BILL NO. 214                                                                                                            
     "An  Act   renaming  a  portion  of   the  Alaska  Safe                                                                    
     Children's Act  as Bree's Law;  relating to  Bree's Law                                                                    
     programs and Bree's Law  activities; relating to dating                                                                    
     violence   and  abuse   policy,  training,   awareness,                                                                    
     prevention,   and  notices;   and   providing  for   an                                                                    
     effective date."                                                                                                           
10:00:34 AM                                                                                                                   
Co-Chair  MacKinnon  informed  that  HB  214  was  heard  in                                                                    
committee on  April 20,  2018. The  public hearing  had been                                                                    
opened and closed.                                                                                                              
10:01:18 AM                                                                                                                   
AT EASE                                                                                                                         
10:01:30 AM                                                                                                                   
Vice-Chair   Bishop  MOVED   to  ADOPT   proposed  committee                                                                    
substitute    for   HB    214,   Work    Draft   30-LS0781\N                                                                    
(Radford/Laffen, 5/9/18).                                                                                                       
Co-Chair MacKinnon OBJECTED for discussion.                                                                                     
JULI  LUCKY, STAFF,  SENATOR ANNA  MACKINNON, discussed  the                                                                    
changes to the bill. She  informed that the bill was shorter                                                                    
when  it was  referred  to committee  and had  retroactively                                                                    
named a  law "Bree's Law."  There had  been a great  deal of                                                                    
feedback  from various  stakeholders,  including members  of                                                                    
the  public and  school  district employees,  as  to how  to                                                                    
implement the program.                                                                                                          
Ms. Lucky continued explaining the  changes to the bill. She                                                                    
shared that there  had been some concern over the  lack of a                                                                    
nationally  adopted  curriculum.   There  was  also  concern                                                                    
regarding  an  unfunded  mandate  for  school  districts  to                                                                    
develop  the curriculum.  There  were a  few other  concerns                                                                    
regarding ongoing  training costs,  time for teachers  to be                                                                    
out  of classrooms,  lack of  training, and  confusion about                                                                    
disclosures. Additionally, consistency  across districts and                                                                    
ensuring best practices were considered.                                                                                        
10:04:10 AM                                                                                                                   
Ms.  Lucky conveyed  that the  co-chair's office  had worked                                                                    
with  the  department  to  craft a  bill  that  allowed  for                                                                    
flexibility within school districts,  but also for provision                                                                    
of  basic  assurance that  all  programs  were meeting  best                                                                    
Ms.  Lucky  discussed  an Explanation  of  Changes  document                                                                    
(copy on file):                                                                                                                 
     Repeals  and reenacts  AS 14.30.356(a)  to require  the                                                                    
     department  to work  with school  districts to  develop                                                                    
     and  approve   a  "teen   dating  violence   and  abuse                                                                    
     awareness program"  with the  same requirements  as are                                                                    
     in  current  law.  This   would  remove  the  "unfunded                                                                    
     mandate"  to school  districts to  develop the  program                                                                    
     and provide  consistency across the state,  while still                                                                    
     allowing for local control  and cultural differences to                                                                    
     be respected. Page 1, lines 6-10.                                                                                          
     Adds  an additional  requirement  that  the program  be                                                                    
     periodically  reviewed  by  a qualified  individual  or                                                                    
     committee,  which  mirrors   language  in  the  suicide                                                                    
     awareness   and  prevention   training  statute   -  AS                                                                    
     14.30.362.  This   ensures  that  best   practices  are                                                                    
     followed. Page 1, lines 11-13.                                                                                             
     Designates February as  "Teen Dating Violence Awareness                                                                    
     and Prevention  Month" to  align with  national efforts                                                                    
     to  bring attention  to this  important issue.  Page 2,                                                                    
     lines 13-21.                                                                                                               
     Names the program the "Bree  Moore Teen Dating Violence                                                                    
     Awareness and  Prevention Program"  to align  the title                                                                    
     with  federal and  other states'  efforts to  enact and                                                                    
     promote similar programs. Page 2, lines 22-27.                                                                             
Ms. Lucky elaborated on the  many resources connected to the                                                                    
title  of   the  program  as   proposed  in   the  committee                                                                    
substitute (CS).                                                                                                                
10:07:26 AM                                                                                                                   
Ms. Lucky  discussed changes to  Section 4 of the  bill. The                                                                    
intent of  the section  was to honor  Ms. Moore's  legacy as                                                                    
well  as tie  in  the  program with  the  same  effort on  a                                                                    
national scale.                                                                                                                 
Ms. Lucky stated  that there was a new fiscal  note from the                                                                    
Department  of Education  and Early  Development (DEED)  for                                                                    
Ms.  Lucky described  that there  had  been initial  concern                                                                    
over the fiscal note, after  which there was discussion with                                                                    
the department. She discussed  options for savings including                                                                    
reducing  updates  for  training  and  other  features.  She                                                                    
relayed that  instead of  reducing the  fiscal note,  in the                                                                    
interest of  having a full  program she would  be presenting                                                                    
the full fiscal note requested by the department.                                                                               
Ms.  Lucky  detailed  that the  fiscal  note  would  require                                                                    
$263,300 in  FY 19; $119,300 in  FY 20; and an  ongoing cost                                                                    
of $75,000 per year. She stated  that the fiscal note was an                                                                    
estimate  and  the  numbers  needed  more  refining  by  the                                                                    
department. She  pointed out that  adopting the  CS required                                                                    
taking on the  cost of the unfunded mandate  that was passed                                                                    
with Bree's Law.                                                                                                                
10:10:33 AM                                                                                                                   
REPRESENTATIVE  HARRIET  DRUMMOND,  SPONSOR,  supported  the                                                                    
changes to  the bill.  She thought the  committee substitute                                                                    
contained  a  needed  change  to  the  program  and  focused                                                                    
resources  on   teenagers  that   would  benefit   from  the                                                                    
Co-Chair MacKinnon asked if the  sponsor was in favor of the                                                                    
Representative Drummond was amenable  to the curriculum that                                                                    
was  being worked  on by  DEED. She  thought the  parents of                                                                    
Bree Moore  would appreciate seeing mention  of "Bree's Law"                                                                    
through  a simple  amendment. She  thought the  change would                                                                    
acknowledge the  large amount of  work put in  labelling the                                                                    
Senator von Imhof  thanked Ms. Lucky for her work  on the CS                                                                    
and her presentation. She thought  the CS was an improvement                                                                    
upon the original bill. She  understood that the common name                                                                    
of Bree's Law was preferable  by Bree's parents and possibly                                                                    
others but  thought a more  standardized name  was connected                                                                    
to a greater amount of  national resources. She thought that                                                                    
it  was   important  to   guide  teenagers   to  appropriate                                                                    
resources as readily as possible.                                                                                               
10:13:56 AM                                                                                                                   
Senator  Stevens  considered   the  Explanation  of  Changes                                                                    
document  and  questioned  the use  of  the  term  "cultural                                                                    
differences." He understood allowing for local control.                                                                         
Co-Chair  MacKinnon  suggested  that  the  department  could                                                                    
enlighten  as  to  how  cultural  differences  might  appear                                                                    
within development of educational curriculum.                                                                                   
Representative Drummond  referenced cultural  differences in                                                                    
Alaska Native villages, and stated  she was not an expert on                                                                    
the topic.                                                                                                                      
Senator Stevens  thought that dating  violence was  a cross-                                                                    
cultural concept.                                                                                                               
Co-Chair MacKinnon  WITHDREW her  OBJECTION. There  being NO                                                                    
further OBJECTION, it was so ordered.                                                                                           
10:15:35 AM                                                                                                                   
AT EASE                                                                                                                         
10:15:44 AM                                                                                                                   
Co-Chair  MacKinnon asked  for  a discussion  of the  fiscal                                                                    
note and curriculum development as proposed in the bill.                                                                        
MARCY HERMAN,  LEGISLATIVE LIAISON, DEPARTMENT  OF EDUCATION                                                                    
AND EARLY DEVELOPMENT, introduced herself.                                                                                      
TODD BROCIOUS,  HEALTH AND SAFETY  ADMINISTRATOR, DEPARTMENT                                                                    
OF EDUCATION  AND EARLY DEVELOPMENT, addressed  the question                                                                    
of   cultural  relevance   in  curriculum   development.  He                                                                    
recognized that  there was tremendous  variety in  the state                                                                    
regarding language,  rural versus  urban areas,  and content                                                                    
delivered  in  different   communities.  He  emphasized  the                                                                    
importance of  ensuring that the curriculum  was relevant to                                                                    
all  audiences  as  well as  working  with  partners  during                                                                    
Mr.   Brocious    continued   discussing    the   curriculum                                                                    
development. He informed that  the proposed curriculum would                                                                    
be delivered  to seventh-grade students as  well as twelfth-                                                                    
grade   students,    who   had    tremendous   developmental                                                                    
differences. He suggested that the  department would seek to                                                                    
put together  a curriculum development team  to put together                                                                    
three age-appropriate curriculum strands.                                                                                       
10:18:39 AM                                                                                                                   
Senator Stevens asked if Mr.  Brocious was not implying that                                                                    
there was  a cultural difference  in the perception  of teen                                                                    
violence,  but rather  was considering  making students  and                                                                    
parents comfortable with the curriculum materials.                                                                              
Mr.  Brocious  stressed   that  violence  was  impermissible                                                                    
everywhere, and the department sought  to tailor the message                                                                    
to account for cultural differences in the state.                                                                               
Co-Chair MacKinnon  stated that the CS  attempted to provide                                                                    
a  vehicle for  collaboration  with districts,  so the  same                                                                    
message could be  heard by all in a way  that was culturally                                                                    
appropriate.  She  discussed  cultural differences  and  her                                                                    
experience  living  in Unalaska.  She  thought  that the  CS                                                                    
provided an opportunity to correct  some aspects of the bill                                                                    
that had not been contemplated earlier.                                                                                         
10:21:23 AM                                                                                                                   
Co-Chair  MacKinnon continued  her  remarks. She  emphasized                                                                    
that process was important.  She mentioned harassment, name-                                                                    
calling, intimidation,  and other  tactics. She  stated that                                                                    
for  the  reasons  listed,  the bill  was  returned  to  the                                                                    
committee. She  committee had taken  three weeks to  work on                                                                    
the  bill. She  stressed that  no one  in the  committee had                                                                    
tried to block conversation about the bill.                                                                                     
Co-Chair MacKinnon  asserted that as chair  of the committee                                                                    
it was necessary to set  aside personal feelings and do what                                                                    
was best  for society.  She discussed  the diversity  of the                                                                    
state. She  lamented the inappropriate behaviors  around the                                                                    
Co-Chair MacKinnon  stated that the actions  of some members                                                                    
that  had  advocated  for the  bill  could  questionably  be                                                                    
bullying and  harassment versus  advocacy. She  relayed that                                                                    
she  had  spoken with  many  individuals  and agencies.  She                                                                    
wondered if  the bill  should be brought  up at  a different                                                                    
time when it could be considered with robust debate.                                                                            
10:26:13 AM                                                                                                                   
Senator  Olson   echoed  the  concern  voiced   by  Co-Chair                                                                    
MacKinnon  regarding  public  postings  and  expressions  of                                                                    
opinion  that he  considered contrary.  He thought  Co-Chair                                                                    
MacKinnon had  articulated the shared concerns  well. He did                                                                    
not  want personal  attacks to  cloud the  minds of  policy-                                                                    
Senator Micciche  thought the CS  had struck a  balance that                                                                    
would  deliver  the  most  effective  teen  dating  violence                                                                    
programs  to the  people of  Alaska. He  shared that  he had                                                                    
four  daughters and  pondered the  loss  of a  child due  to                                                                    
dating  violence. He  thought  that  Co-Chair MacKinnon  had                                                                    
balanced an emotional  issue in trying to  produce a product                                                                    
that  would  guide  young  people   in  avoiding  a  violent                                                                    
Senator  Micciche continued  his remarks.  He discussed  the                                                                    
variety  of  emotional  issues   faced  by  legislators.  He                                                                    
discussed  the  importance  of the  respectful  exchange  of                                                                    
ideas.  He   reiterated  that  the   CS  was   balanced.  He                                                                    
appreciated  the  naming  of  the  Bree  Moore  Teen  Dating                                                                    
Violence Awareness  and Prevention  Program. He  thought the                                                                    
state  should provide  a standard  curriculum. He  supported                                                                    
moving the bill forward.                                                                                                        
10:30:07 AM                                                                                                                   
Senator Stevens expressed  a desire to hear from  DEED as to                                                                    
how Section  1 of  the bill would  be implemented.  He asked                                                                    
about reviewing  the program on a  statewide versus district                                                                    
Mr.  Brocious  stated  that  program   review  would  be  an                                                                    
amalgam.  During  the  initial   work  of  the  Alaska  Safe                                                                    
Children's Act  Task Force, a committee  review had convened                                                                    
and  a number  of evidenced-based  national dating  violence                                                                    
curricula were  identified and  pushed forward  for district                                                                    
consideration.  One of  the recommendations  to come  out of                                                                    
the  task  force was  an  identified  scarcity of  curricula                                                                    
available for grades 10 through  12; and that more curricula                                                                    
needed  to  be  developed or  identified.  The  department's                                                                    
vision was that a  curriculum review committee would convene                                                                    
and further the consideration  of nationally available best-                                                                    
practice curricula.  In addition, a collection  of state and                                                                    
federal  experts would  convene to  help develop  an Alaska-                                                                    
specific program for grade 7 through 12.                                                                                        
Senator Micciche stated  that he had sticker  shock from the                                                                    
fiscal note. He  considered the social and  personal cost of                                                                    
domestic violence, and thought the  fiscal note was small in                                                                    
comparison.  He  thought  an   effective  program  was  more                                                                    
important than saving pennies.                                                                                                  
Vice-Chair  Bishop  supported  Co-Chair  MacKinnon.  He  had                                                                    
engaged in curriculum development in  a previous job. He was                                                                    
not perturbed by the fiscal  note. He estimated that it took                                                                    
about 40 hours to  develop an effective 25-question multiple                                                                    
choice test  and pondered the associated  cost. He concurred                                                                    
with Senator Micciche  that the program was  the right thing                                                                    
to do.                                                                                                                          
Vice-Chair Bishop  MOVED to  report SCS  HB 214(FIN)  out of                                                                    
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal  note. There being NO  OBJECTION, it was                                                                    
so ordered.                                                                                                                     
SCS HB  214(FIN) was  REPORTED out of  committee with  a "do                                                                    
pass"  recommendation and  with one  new fiscal  impact note                                                                    
from the Department of Education and Early Development.                                                                         
10:34:47 AM                                                                                                                   
Co-Chair MacKinnon  thanked Ms. Herman and  the commissioner                                                                    
for  working   with  staff  on   the  bill.   She  discussed                                                                    
supporters of the bill. She  hoped that the department would                                                                    
reach  out  to the  family  of  Bree  Moore. She  hoped  the                                                                    
administration  would include  the family  in the  statewide                                                                    
effort  as proposed  in the  bill. She  discussed culturally                                                                    
relevant education. She discussed the nature of grief.                                                                          
Ms. Herman stated that she  would carry Co-Chair MacKinnon's                                                                    
remarks back  to the department. She  expressed appreciation                                                                    
for working with the co-chair and staff.                                                                                        
10:37:54 AM                                                                                                                   
AT EASE                                                                                                                         
10:38:29 AM                                                                                                                   
Co-Chair MacKinnon  stated that the committee  was trying to                                                                    
conclude its  business and  had moved  up bills  planned for                                                                    
the afternoon.  She anticipated  that the  afternoon meeting                                                                    
would be cancelled.                                                                                                             
Co-Chair MacKinnon  discussed the  agenda for  the following                                                                    

Document Name Date/Time Subjects
HB214 SCS FIN work draft version. N.pdf SFIN 5/10/2018 9:30:00 AM
HB 214
HB 214 SCS FIN v. N Explanation.pdf SFIN 5/10/2018 9:30:00 AM
HB 214