Legislature(2013 - 2014)BELTZ 105 (TSBldg)
04/10/2013 08:00 AM Senate EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| SB91 | |
| SB89 | |
| SB100 | |
| HB154 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 91 | TELECONFERENCED | |
| *+ | SB 89 | TELECONFERENCED | |
| *+ | SB 100 | TELECONFERENCED | |
| + | HB 154 | TELECONFERENCED | |
SB 91-HAZING
8:02:22 AM
CHAIR STEVENS announced the consideration of SB 91.
8:02:27 AM
SENATOR DUNLEAVY moved to adopt the CS for SB 91, labeled 28-
LS0720\N, as the working document.
CHAIR STEVENS objected for discussion purposes.
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, explained the changes in version N. He began with a
change on page 1, line 6; language was added that is consistent
with existing criminal code. It now says "substantial risk of
serious physical injury." The second change is on line 9 of the
original bill, where the language was changed from "normal and
customary activity" to "arises from conduct reasonably expected
through participation."
MR. LAMKIN related that, in response to testimony at the last
hearing about a study that indicated church groups have some of
the highest percentages of students involved in hazing, faith-
based groups are included on page 2, lines 1 and 2.
He noted that the next change is on page 2, lines 4 and 5 of the
original bill, and addresses penalties. The reference to hazing
as a class B felony is removed. On page 3, line 8, the wording
is changed to say "to report the results" to the appropriate
committee.
He related that in version A, section 7, lines 14 to 18, deal
with the recourse for failing to report hazing.
8:07:37 AM
CHAIR STEVENS clarified that was found on page 3, line 16.
MR. LAMKIN summarized the final change on page 4, line 1; the
definition of hazing was changed to "an act knowingly
committed." On page 4, line 5, "normal and customary" was again
changed to "arises from conduct reasonably expected through
participation." On line 9, "faith-based group" was again added.
8:08:47 AM
SENATOR GARDNER suggested that changing the consequences in
Section 1 addresses ACLU's concerns.
8:09:16 AM
SENATOR ANNA FAIRCLOUGH, Alaska State Legislature, sponsor,
answered questions related to SB 91. She related that she
received the ACLU's letter late last night and she hoped the
changes in the CS address their concerns.
CHAIR STEVENS noted that a representative from the ACLU would be
testifying.
8:10:39 AM
SENATOR FAIRCLOUGH pointed out that when making changes to the
bill, something was missed on page 3, line 17. She said it is
the sponsor's intent that "failure to report results in
appropriate disciplinary action by the school." The words "by
the school" were inadvertently omitted by the drafter.
SENATOR GARDNER said that since the requirement applies to
volunteers, she did not think the school has a role in
disciplining volunteers.
CHAIR STEVENS suggested also adding religious organizations on
page 3, as well.
SENATOR FAIRCLOUGH replied that the section is specific to
activities at schools.
8:12:08 AM
TALLEY TEAL, Staff, Senator Anna Fairclough, Alaska State
Legislature, provided information related to SB 91. She
explained that the aforementioned change was requested and
simply left off by the drafter.
CHAIR STEVENS stated it was an easy change and he wished to move
the bill from committee today. He suggested an amendment.
SENATOR FAIRCLOUGH deferred to the committee's wishes. She said
she believes a school should have some type of oversight in a
facility that they are maintaining.
SENATOR GARDNER moved to adopt Conceptual Amendment 1: add "by
the school" on page 3, line 17, after "disciplinary action".
There being no objection, Conceptual Amendment 1 was adopted.
CHAIR STEVENS asked if the Department of Education and Early
Development had any concerns or comments.
LES MORSE, Deputy Commissioner, Department of Education and
Early Development, spoke in support of SB 91. He said the
department does not have any issues with the changes made to the
bill.
CHAIR STEVENS opened public testimony.
8:13:50 AM
EMILY SEXTON, President, Alaska Association of Student
Government (AASG), testified in support of SB 91. She related
that AASG believes that all students should feel safe from
bullying in their schools and bullies should understand the
severity of their actions.
JEFFREY MITTMAN, Executive Director, American Civil Liberties
Union (ALCU), testified in support of SB 91. He thanked the
sponsor for introducing the bill, noting that hazing and
bullying are problems that are endemic across the country and
are often targeted at the most vulnerable students. A bill that
states hazing will not be tolerated in the schools is very
important and will have a very positive effect.
He said he has had a chance to review the CS and it does address
many of ACLU's concerns. He hoped to work with the sponsor and
the next committee on any future revisions of the bill. He
brought up discriminatory issues regarding the criminalization
of students, but stated that is not the intention of SB 91.
8:16:40 AM
CARL ROSE, Executive Director, Association of the Alaska School
Boards (AASB), testified in support of SB 91. He said AASB's
mission is to advocate for children and youth, assist local
school boards, and provide a quality education focus on student
achievement through effective local governance. He noted an AASB
belief statement that raises the priority of children and youth,
their health, education, safety and welfare as AASB's top
priority. He shared that hazing and bullying is "nothing short
of terrorism" to a victim and should not be tolerated in
schools. He pointed out that many school districts already have
a bullying policy; however, including it in statute, policy, and
administrative regulations is appropriate. He said he
appreciates the changes in the CS. He suggested the conceptual
amendment might go further to include all school-sponsored
activities.
8:18:57 AM
BRUCE JOHNSON, Executive Director, Alaska Council of School
Administrators (ACSA), testified in support of SB 91. He said
the bill makes good sense. ACSA's goal is to provide a safe
environment that protects the well-being of all young people and
any hint of hazing begins to infringe on that. He said ACSA
would stand behind quality implementation of the bill.
CHAIR STEVENS closed public hearing.
8:20:08 AM
SENATOR DUNLEAVY moved to report CSSB 91, 28-LS0720\N as
amended, from committee with individual recommendations and
attached fiscal note.
CHAIR STEVENS announced that without objection, CSSB 91(EDC) was
reported from the Senate Education Committee.