Legislature(2003 - 2004)

04/09/2003 01:40 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 92 - CLERGY TO REPORT CHILD ABUSE                                                                                          
                                                                                                                                
Number 0637                                                                                                                     
                                                                                                                                
CHAIR McGUIRE  announced that the  final order of  business would                                                               
be HOUSE BILL  NO. 92, "An Act relating to  reports by members of                                                               
the  clergy   and  custodians  of   clerical  records   who  have                                                               
reasonable cause to  suspect that a child has suffered  harm as a                                                               
result of  child abuse  or neglect."   [Before the  committee was                                                               
CSHB 92(STA).]                                                                                                                  
                                                                                                                                
REPRESENTATIVE  SAMUELS moved  to  adopt  the proposed  committee                                                               
substitute  (CS)  for  HB 92,  Version  23-LS0257\U,  Lauterbach,                                                               
4/8/03, as  a work draft.   There  being no objection,  Version U                                                               
was before the committee.                                                                                                       
                                                                                                                                
Number 0710                                                                                                                     
                                                                                                                                
RICHARD  BLOCK, Representational  Lobbyist for  Christian Science                                                               
Committee on Publication  for Alaska, told the  committee that he                                                               
is speaking on  behalf of those who turn to  spiritual prayer for                                                               
healing.  He referred to  his previous testimony regarding HB 92,                                                               
heard by the  House State Affairs Standing Committee  [on March 6                                                               
and 18,  2003], wherein  he stated that  his organization  had no                                                               
objection  to  the  proposed   legislation  and  understands  its                                                               
purpose, and  had asked for and  was granted some changes  in the                                                               
language  that  recognize  that Christian  Science  practitioners                                                               
need  the same  level of  protection as  ordained clergy  because                                                               
they do  take "confidential communications"  from those  who come                                                               
for  spiritual solace  or healing.    He added,  "And that  could                                                               
include situations where  they might disclose the  kind of things                                                               
that the legislature's  trying to reach here."  He  said, "So, we                                                               
were pretty content with [CSHB 92(STA)]."                                                                                       
                                                                                                                                
MR.  BLOCK said  that he  had not  studied Version  U until  last                                                               
night.   After reading  it, he  said, he  came to  the conclusion                                                               
that  the committee  is  still interested  in  ensuring that  the                                                               
provisions [in the bill] apply  to all faith communities, so that                                                               
those who entertain confidential  communications from the members                                                               
of  that faith  community are  as  protected as  those who  might                                                               
speak to  a catholic priest,  or a minister,  or a pastor  who is                                                               
ordained.  He noted that  a Christian Science practitioner is not                                                               
ordained and  is not selected  or engaged in anything  that might                                                               
be termed "ecclesiastical."   Thus, he has  concern regarding the                                                               
way the  language has developed; he  said that it tends  to focus                                                               
on   those  faith   communities  that   have  a   more  elaborate                                                               
ecclesiastical,  ceremonial, or  ritual  approach to  determining                                                               
who can speak and pray with those who have the need for it.                                                                     
                                                                                                                                
Number 0906                                                                                                                     
                                                                                                                                
MR. BLOCK said that in talking with the staff:                                                                                  
                                                                                                                                
     They use the  word in the definition of  ... "clergy" -                                                                    
     those  who are  set apart.   But  I'm not  sure that  I                                                                    
     understand    what   the    meaning    of   that    is.                                                                    
     Unfortunately,  should this  ever  reach  the level  of                                                                    
     having to  be interpreted by  a court, we're  left with                                                                    
     judicial interpretation and the  rules thereof, and I'm                                                                    
     afraid  that the  overabundance of  language here  that                                                                    
     speaks to the  more ceremonial and ritual  may turn the                                                                    
     court away  from the  fact that,  in reality,  what the                                                                    
     legislature   had  in   mind   was   making  room   and                                                                    
     recognizing  all  faith  communities  that  had  people                                                                    
     within  them that  wanted to  pray for  and with  those                                                                    
     that were in need.                                                                                                         
                                                                                                                                
MR.  BLOCK said  that in  keeping with  what he  believes is  the                                                               
legislature's intent, he  would propose some modest  changes.  He                                                               
noted  that   there  are  two   things  that  [Version   U]  does                                                               
differently than CSHB 92(STA).  He elaborated:                                                                                  
                                                                                                                                
     One is:  it really  tightens up the circumstances under                                                                    
     which the communication is  protected.  Irrespective of                                                                    
     who they're talking to,  the communication is protected                                                                    
     only if  it meets three  criteria set out  in [proposed                                                                    
     AS 47.17.021].                                                                                                             
                                                                                                                                
CHAIR  McGUIRE indicated  to  Mr. Block  that  the committee  has                                                               
formulated amendments to address the issue he is raising.                                                                       
                                                                                                                                
Number 1027                                                                                                                     
                                                                                                                                
FLOYD  SMITH,   Consultant,  Alaska   District  Council   of  the                                                               
Assemblies  of  God, said  that  his  organization could  endorse                                                               
[Version U] as  long as committee adopt the  same amendments that                                                               
Mr. Block has proposed.                                                                                                         
                                                                                                                                
MR. BLOCK clarified  that one of his amendments  [which was later                                                               
referred   to  as   Conceptual  Amendment   1]  reads   [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Page 2, line 14                                                                                                            
    Delete   "in   the   clergy   member's   ecclesiastical                                                                     
     capacity"                                                                                                                  
                                                                                                                                
MR.  BLOCK opined  that the  language doesn't  add anything,  but                                                               
strengthens the  impression that "you  have to have some  sort of                                                               
ecclesiastical formal arrangement."   He added, "And we're trying                                                               
to move away from that."                                                                                                        
                                                                                                                                
MR. SMITH  said, "We could endorse  that."  He referred  to [page                                                               
2,  beginning on  line  15],  which read:    "if  (1) the  church                                                               
qualifies  as  tax-exempt   under  26  U.S.C.  501(c)(3)(Internal                                                               
Revenue  Code)".    He  told  the  committee  that  many  of  his                                                               
organization's churches  are in  villages, are  not incorporated,                                                               
don't have 501(c)(3)  status, and "piggyback on the  basis of the                                                               
state."   If  it is  the  intent that  a church  qualify for  and                                                               
receive 501(c)(3) status, he said,  there will be problems in the                                                               
villages.   If it  instead simply means  that the  church "could"                                                               
qualify, then that's okay, he stated.                                                                                           
                                                                                                                                
MR. SMITH  referred to the  portion of  [page 2], line  19, which                                                               
read:  "places the clergy  member specifically and strictly".  He                                                               
said his  organization would like  to see "and  strictly" deleted                                                               
because  "it adds  nothing  to it,  and it  might  be subject  to                                                               
interpretation."                                                                                                                
                                                                                                                                
MR.  SMITH  also  noted,  in keeping  with  Mr.  Block's  comment                                                               
regarding Christian  Science practitioners and the  definition of                                                               
clergy,   that  many   Assembly  of   God  ministers   and  other                                                               
evangelical  ministers  are  not   ordained;  instead,  they  are                                                               
licensed.  He said he would like the word "licensed" to be used.                                                                
                                                                                                                                
Number 1199                                                                                                                     
                                                                                                                                
CHAIR McGUIRE thanked Mr. Block and Mr. Smith for their                                                                         
testimony.  She then announced that public testimony was closed.                                                                
                                                                                                                                
REPRESENTATIVE GARA said:                                                                                                       
                                                                                                                                
     I think  I can speak  for most of us  if I say  that we                                                                    
     don't want to create a  privilege that is so broad that                                                                    
     it would strike  out the duty to report  child abuse or                                                                    
     child  neglect.   And I  applaud the  committee members                                                                    
     for  inserting the  term child  neglect back  into this                                                                    
     version of the  bill.  I believe we  should report both                                                                    
     child abuse  and child neglect;  it is  that important.                                                                    
     We still have  a decision to make.  I  think many of us                                                                    
     believe  that the  confidentiality provision  should be                                                                    
     written as narrowly  as possible.  That  was the intent                                                                    
     of  the sponsor  when just  the sacramental  confession                                                                    
     was  included into  the confidentiality  provision, but                                                                    
     nothing else.   But many of us thought,  "Well, that is                                                                    
     too  religion-specific."   I  applaud [Chair  McGuire].                                                                    
     We've all  discussed what's probably the  most narrowly                                                                    
     drawn  confidentiality provision  in  the country,  and                                                                    
     that's the  Idaho version. ...  That's the one  that is                                                                    
     now in this CS.                                                                                                            
                                                                                                                                
     But, before we  discuss which confidentiality provision                                                                    
     to accept -  and that's what all  the amendments relate                                                                    
     to,  which  confidentiality  provision to  accept  -  I                                                                    
     still am  wondering whether or not  we should recognize                                                                    
     any confidentiality provision.   And I guess  I want to                                                                    
     hear from the members about  that.  We don't accept one                                                                    
     in the case  of reporting abuse of elders.   Many other                                                                    
     states do  not accept  any privilege by  clergy members                                                                    
     to refrain  from reporting  abuse and  neglect.   And I                                                                    
     would like  to hear  from the other  committee members,                                                                    
     views on whether that is  a proper approach, or whether                                                                    
     ...   it  seems   to  us   that  we   should  adopt   a                                                                    
     confidentiality provision.   So, [it's]  that threshold                                                                    
     question  of  whether  a confidentiality  provision  is                                                                    
     something that  we want or  don't want.  And  I suppose                                                                    
     if  the  other  members  believe  that  we  do  need  a                                                                    
     confidentiality provision  of some  sort, then  I don't                                                                    
     need to hear  from them, but that's my  question to the                                                                    
     other committee members.                                                                                                   
                                                                                                                                
Number 1340                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG stated that he  thinks there should be a                                                               
confidentiality provision.   He said  that "these are  very, very                                                               
confidential  communications,"  and  if  a person  goes  to  seek                                                               
counseling from a clergy person  in a confidential setting, "that                                                               
ought to  be respected."   He referred to the  recent revelations                                                               
of sexual abuse,  and said that to his knowledge,  every case was                                                               
"done  outside of  the  confidences."   Referring  to the  Alaska                                                               
Rules of Evidence, he noted  that "priest penitent," more broadly                                                               
defined as  "confidential communication  with a clergy,"  is very                                                               
strongly  respected.   He stated  that if  the committee  adopted                                                               
some  kind  of  confidentiality  provision,  he  would  ask  that                                                               
something similar  be put in  the elder  abuse law..   He relayed                                                               
that  Karleen  Jackson,  Deputy   Commissioner,  [Office  of  the                                                               
Commissioner],  Department of  Health &  Social Services  [DHSS],                                                               
told him  that [the DHSS]  wants child  abuse and elder  abuse to                                                               
have the same standards regarding [confidentiality provisions].                                                                 
                                                                                                                                
CHAIR McGUIRE  said she  has spent  much time  contemplating this                                                               
issue.   She  said  she  wondered "whether  it  was  fair to  the                                                               
children [who] were being abused."   She asked, "Whose rights are                                                               
we putting  first?"  She  said child  abuse is a  terrible thing,                                                               
with lifelong  ramifications, and stated her  concern that "those                                                               
abuses will  be revealed  and nothing will  be done  about them."                                                               
Noting  that religion  is an  important part  of society  and the                                                               
church is  an important part  of many people's lives,  she stated                                                               
that  criminalizing  priests  and  clergy  for  doing  what  they                                                               
believe is within the cannons of  their church is not the goal of                                                               
the committee.                                                                                                                  
                                                                                                                                
CHAIR McGUIRE  said she  would support  a very  narrow exception,                                                               
adding that it  is her belief that  most of what occurs  is to be                                                               
reported by  law.  She  said she  would encourage members  of the                                                               
clergy to advise  their parishioners who are  abusing children to                                                               
seek help and report it to the civil authorities.                                                                               
                                                                                                                                
REPRESENTATIVE  SAMUELS said  he agreed  that it  doesn't do  any                                                               
good [for the  legislature] to put into law that  they report, if                                                               
they're  not  going  to  report  because  of  their  cannons  and                                                               
beliefs.   He  said that  he would  hate to  criminalize somebody                                                               
whose job is to help people.  He continued as follows:                                                                          
                                                                                                                                
     And I would also echo  what [Chair McGuire] said on ...                                                                    
     "very narrow."   Just because you're  a catholic priest                                                                    
     doesn't mean,  when somebody tells you  something, that                                                                    
     it's in confession, or just  because you are a minister                                                                    
     does not mean that it  is confidential.  There's got to                                                                    
     be  a pretty  bright line  ....   So,  I would  support                                                                    
     having the exemption.                                                                                                      
                                                                                                                                
Number 1642                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GARA stated  that it  was also  a very  difficult                                                               
issue for him.  He added:                                                                                                       
                                                                                                                                
     The  bill  that  came  to  this  committee  included  a                                                                    
     provision  that would  have allowed  many instances  of                                                                    
     child abuse not  to be reported.  I think  we've done a                                                                    
     good job  in limiting the circumstances  where ... that                                                                    
     would happen.                                                                                                              
                                                                                                                                
REPRESENTATIVE HOLM  stated, "The  bill we're talking  about here                                                               
is not in place."  He said  he is looking at ten amendments which                                                               
would change the  bill considerably.  He suggested  taking up the                                                               
amendments before debating the bill.                                                                                            
                                                                                                                                
CHAIR  McGUIRE  said she  had  been  allowing some  latitude  for                                                               
members to speak to the  broader philosophical question regarding                                                               
whether any exemption  should be provided.  She  said, "This bill                                                               
would  clearly do  that, and  the amendments  would clarify  that                                                               
particular choice."                                                                                                             
                                                                                                                                
REPRESENTATIVE  HOLM   stated  that   he  does  not   agree  with                                                               
Representative  Gara's assessment  that  reporting  neglect is  a                                                               
simple and  easy thing  to put  in the bill,  adding that  he has                                                               
objection  to  such  a  provision.     He  said  that  until  the                                                               
amendments  are in  place, it  is difficult  for him  to make  an                                                               
assessment of the bill.                                                                                                         
                                                                                                                                
REPRESENTATIVE   OGG  said   he   believed   the  question   that                                                               
Representative Gara  asked was whether  to favor  no restrictions                                                               
or favor  strict confidentiality.   He stated  that he  favors "a                                                               
strict statement of what confidentiality is."                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG   mentioned  that  although   he'd  had                                                               
specific amendments prepared  affecting Sections 2 and  3, he has                                                               
decided not to offer those specific  amendments.  On the issue of                                                               
reporting neglect, he said that  although the House State Affairs                                                               
Standing Committee  eliminated the  reporting of neglect,  he has                                                               
since decided that he does want neglect to be reported.                                                                         
                                                                                                                                
Number 1882                                                                                                                     
                                                                                                                                
CHAIR McGUIRE noted  that Representative Holm had  been absent at                                                               
the time  the committee  discussed the  issue of  reinserting the                                                               
reporting of  neglect.  She  indicated that because  of testimony                                                               
provided by the  Division of Family & Youth  Services (DFYS), the                                                               
Alaska  Catholic  Conference,  and   the  sponsor  at  the  prior                                                               
hearing, the  committee had agreed  to reinsert the  reporting of                                                               
neglect. She  added, "It  was in the  elder abuse  statute, [and]                                                               
it's the right thing to do."                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLM indicated  that his  problem with  requiring                                                               
the reporting  of neglect  is that  the term  is subjective.   He                                                               
noted that there  are two definitions of neglect:   one is in the                                                               
Child In  Need Of  Aid (CINA)  regulations, and  the other  is in                                                               
state law.  He stated his  understanding that the two are not the                                                               
same, adding that the CINA definition is stricter.                                                                              
                                                                                                                                
REPRESENTATIVE HOLM continued:                                                                                                  
                                                                                                                                
     But my  point is ...  that the problem with  neglect is                                                                    
     it's  ... a  view of  someone  who looks  at how  other                                                                    
     folks live and says that  they've been neglected or not                                                                    
     neglected.   Now  I'm  not promoting  any  child to  be                                                                    
     neglected.   Lord  knows,  I grew  up  in a  homestead,                                                                    
     where  people   could  have   accused  my   parents  of                                                                    
     neglecting  me,  because  we didn't  have  any  of  the                                                                    
     amenities that the people that  lived in town did.  But                                                                    
     what I did have is ...  good parenting, and I had love.                                                                    
     I had  a lot  of things  that have  nothing to  do with                                                                    
     nice clothes and new shoes and any of those things.                                                                        
                                                                                                                                
     So,  I'm a  little sensitive  to this  from a  personal                                                                    
     standpoint because I want to  give pastors and churches                                                                    
     the ability to  uplift, to bring people  up, to elevate                                                                    
     them without being  penitent, without being accusatory,                                                                    
     without feeling  as if they're  going to have  to judge                                                                    
     folks, based  upon some inappropriate judgment.  ... It                                                                    
     really has nothing  to do with whether or  not a person                                                                    
     can  or cannot  be  neglectful of  their children,  but                                                                    
     whose making that choice?   And to penalize, or to take                                                                    
     a member of  the clergy, who is a member  of the clergy                                                                    
     for  the  purpose of  helping  ...  every person  [who]                                                                    
     comes to  them, regardless of  where they come  from, I                                                                    
     think ... it's a bad message.  ... I ... think we could                                                                    
     probably all  agree what  child abuse  is, but  I'm not                                                                    
     sure you  can use the word  "neglect" because neglect's                                                                    
     too soft a word for me.                                                                                                    
                                                                                                                                
Number 2049                                                                                                                     
                                                                                                                                
     Neglect means  that what?   Maybe  the mother  left the                                                                    
     child in  the car  and went  out and  got drunk  - good                                                                    
     case for  neglect.   [Maybe] she ...  left the  car and                                                                    
     ... went in  to get ... milk.  Is  that neglect?  Well,                                                                    
     you  could make  the  case it's  neglect  if, in  fact,                                                                    
     somebody broke  into the car  and hurt the child.   You                                                                    
     could make  the case if she  left the child in  the car                                                                    
     and it was 100 [degrees]  above [zero]. ... But I don't                                                                    
     think neglect  is as firm a  word or as good  a word to                                                                    
     use, even though it's in law.                                                                                              
                                                                                                                                
     ... We can write them down  in a book, but that doesn't                                                                    
     mean the pastor who is  sitting in the church reads the                                                                    
     law book. ...  They only know neglect  based upon their                                                                    
     history; they  don't [know] what neglect  is based upon                                                                    
     you and I  sitting here ... telling  them neglect means                                                                    
     such and such.  So I  think it's so nebulous of an area                                                                    
     that  it's just  tough for  me to  buy, ...  putting it                                                                    
     into  law like  this. ...  I  think it's  one of  those                                                                    
     words  that can  be misused  by overzealous  members of                                                                    
     [the DHSS].                                                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG  responded, "That was the  thinking that                                                               
carried  the day  in the  [House] State  Affairs Committee."   He                                                               
stated, "I have changed my position since then."                                                                                
                                                                                                                                
CHAIR McGUIRE told Representative  Holm that she appreciates what                                                               
he is saying,  but said, "On this  one, I err on the  side of the                                                               
child."                                                                                                                         
                                                                                                                                
Number 2142                                                                                                                     
                                                                                                                                
CHAIR  McGUIRE  moved to  adopt  [Conceptual]  Amendment 1  [text                                                               
provided previously].                                                                                                           
                                                                                                                                
REPRESENTATIVE GARA  stated that he  would object to each  one of                                                               
[the amendments] so  that he could read them in  context with the                                                               
bill.                                                                                                                           
                                                                                                                                
REPRESENTATIVE BOB LYNN, Alaska  State Legislature, sponsor, said                                                               
that he has no objection to [Conceptual] Amendment 1.                                                                           
                                                                                                                                
REPRESENTATIVE  GARA   noted  that  the  bill   [with  Conceptual                                                               
Amendment 1] would read as follows [on page 2, line 14]:                                                                        
                                                                                                                                
      confidential communication made to the clergy member                                                                      
     in the course of discipline enjoined by the church                                                                         
                                                                                                                                
REPRESENTATIVE GARA  asked for the  definition of "in  the course                                                               
of discipline enjoined by the church".                                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG said that  "discipline" is in the course                                                               
of their  official function"; however,  he stated that he  is not                                                               
sure of the meaning of the word "enjoined".                                                                                     
                                                                                                                                
CHAIR McGUIRE noted that "this was taken from Idaho."                                                                           
                                                                                                                                
REPRESENTATIVE  GARA asked  what  is  wrong with  "ecclesiastical                                                               
capacity".   He asked if the  concern is that it  only applies to                                                               
religions that believe in a god.                                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG asked Mr. Block to clarify the issue.                                                                  
                                                                                                                                
MR.  BLOCK reiterated  his point  that the  term ["ecclesiastical                                                               
capacity"] tends  to connote a  more ritualistic,  ceremonial, or                                                               
organized form  of ordination.   He said that his  suggestion had                                                               
been to  remove the  abundance of language  in the  Idaho version                                                               
that  would  tend towards  the  more  ceremonial and  ritualistic                                                               
circumstance, and make it more open.                                                                                            
                                                                                                                                
REPRESENTATIVE GRUENBERG said, "That was  persuasive to me at the                                                               
time and it is now."                                                                                                            
                                                                                                                                
REPRESENTATIVE LYNN said  that [his staff] has  just informed him                                                               
that the word "ecclesiastical" is the Latin word for "church."                                                                  
                                                                                                                                
WILLIAM MOFFATT,  Staff to Representative Bob  Lynn, Alaska State                                                               
Legislature, said removing that word would be fine.                                                                             
                                                                                                                                
REPRESENTATIVE HOLM said, "So we're  just getting rid of the word                                                               
'ecclesiastical'."                                                                                                              
                                                                                                                                
REPRESENTATIVE  GARA,   in  response  to  a   question,  said  he                                                               
maintains his objection.                                                                                                        
                                                                                                                                
Number 2322                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGG  suggested that  the word  "ecclesiastical" be                                                               
replaced by the word "religious" [on page 2, line 14].                                                                          
                                                                                                                                
CHAIR  McGUIRE  called it  a  friendly  amendment to  [Conceptual                                                               
Amendment 1].  Thus [Conceptual] Amendment 1 would now read:                                                                    
                                                                                                                                
     Page 2, line 14                                                                                                            
     Delete "ecclesiastical"                                                                                                    
     Insert "religious"                                                                                                         
                                                                                                                                
CHAIR McGUIRE asked whether there  were objections to [Conceptual                                                               
Amendment 1, as amended].                                                                                                       
                                                                                                                                
REPRESENTATIVE GARA said he had no objection.                                                                                   
                                                                                                                                
Number 2340                                                                                                                     
                                                                                                                                
Therefore, Conceptual Amendment 1, as amended, was adopted.                                                                     
                                                                                                                                
CHAIR  McGUIRE  announced  that   all  the  amendments  would  be                                                               
conceptual so  that the  drafters could alter  them as  needed in                                                               
order to "make this work."                                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG,  referring to  the language on  page 2,                                                               
line  15,  said, "I  assume  that  ...  means  in the  course  of                                                               
discipline  sanctioned by  the church  (indisc.)."   He suggested                                                               
replacing "enjoined" with "sanctioned."                                                                                         
                                                                                                                                
Number 2361                                                                                                                     
                                                                                                                                
CHAIR McGUIRE,  in response to Representative  Gruenberg, [made a                                                               
motion to adopt] Conceptual Amendment 2, as follows:                                                                            
                                                                                                                                
     Page 2, line 15                                                                                                            
     Delete "enjoined"                                                                                                          
     Insert "sanctioned"                                                                                                        
                                                                                                                                
There being no objection, Conceptual Amendment 2 was adopted.                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  referred  to  Mr.  Smith's  previously                                                               
stated suggestion to  strike the words "and  strictly" [from page                                                               
2, line 19].                                                                                                                    
                                                                                                                                
TAPE 03-35, SIDE B                                                                                                            
Number 2380                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  offered  Conceptual  Amendment  3,  to                                                               
delete the words "and strictly" from page 2, line 19.                                                                           
                                                                                                                                
REPRESENTATIVES SAMUELS and GARA objected.                                                                                      
                                                                                                                                
CHAIR  McGUIRE  said  she   likes  "specifically  and  strictly",                                                               
because it makes the language clear.                                                                                            
                                                                                                                                
REPRESENTATIVE   GARA  concurred   with   Chair   McGuire.     He                                                               
elaborated:                                                                                                                     
                                                                                                                                
     We are  trying to  keep this  confidentiality provision                                                                    
     ...  as narrow  as  possible, because  I  want as  much                                                                    
     abuse and  neglect to be reported  as possible, without                                                                    
     offending the major tenets of a religion.                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG withdrew Conceptual Amendment 3.                                                                       
                                                                                                                                
[The  next  amendment  was  also   given  the  name,  "Conceptual                                                               
Amendment 3."]                                                                                                                  
                                                                                                                                
Number 2328                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG [made  a  motion  to adopt  Conceptual]                                                               
Amendment 3, which read [original punctuation provided]:                                                                        
                                                                                                                                
     At P. 2 ln 20                                                                                                              
     Delete "church"                                                                                                            
     Insert "religious"                                                                                                         
                                                                                                                                
There being no objection, Conceptual Amendment 3 was adopted.                                                                   
                                                                                                                                
REPRESENTATIVE  OGG referred  to the  previously stated  comments                                                               
[by Mr.  Smith], regarding [page 2,  beginning on line 15]:   "if                                                               
(1) the church qualifies as  tax-exempt under 26 U.S.C. 501(c)(3)                                                               
(Internal  Revenue   Code)".    He  suggested   inserting  "could                                                               
qualify" instead  of "qualifies".   He said, "To  me, 'qualifies'                                                               
says  you either  are  qualified or  you can,  when  you use  the                                                               
'qualifies' term,"  but acknowledged  that others might  not have                                                               
this same understanding.                                                                                                        
                                                                                                                                
CHAIR  McGUIRE noted,  however, that  they didn't  want everybody                                                               
using the exemption.                                                                                                            
                                                                                                                                
REPRESENTATIVE SAMUELS relayed that he  is not familiar with what                                                               
the qualifications are for that status.                                                                                         
                                                                                                                                
REPRESENTATIVE OGG said  that there is a  list of qualifications,                                                               
adding that  some organizations  which do  qualify apply  for the                                                               
status and some don't.                                                                                                          
                                                                                                                                
CHAIR  McGUIRE suggested  using instead  the term,  "qualifies or                                                               
[meets] the standards".                                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG remarked  that  using  the term  "would                                                               
qualify" would be sufficient.                                                                                                   
                                                                                                                                
REPRESENTATIVE HOLM agreed.                                                                                                     
                                                                                                                                
Number 2212                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGG  [made a motion to  adopt Conceptual Amendment                                                               
4]:                                                                                                                             
                                                                                                                                
     Page 2, line 16                                                                                                            
     Delete "qualifies"                                                                                                         
     Insert "would qualify"                                                                                                     
                                                                                                                                
There being no objection, Conceptual Amendment 4 was adopted.                                                                   
                                                                                                                                
Number 2199                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG [made  a  motion  to adopt  Conceptual]                                                               
Amendment 5, as follows:                                                                                                        
                                                                                                                                
     Page 2, line 28                                                                                                            
                                                                                                                                
     After "ordained"                                                                                                           
     Insert ", licensed,"                                                                                                       
                                                                                                                                
There being no objection, Conceptual Amendment 5 was adopted.                                                                   
                                                                                                                                
REPRESENTATIVE   GRUENBERG   began   discussion   of   Conceptual                                                               
Amendment 6, which read [original punctuation provided]:                                                                        
                                                                                                                                
     Page 2, line 29,                                                                                                           
                                                                                                                                
     After "the", insert "laws,"                                                                                                
     After "ceremonial, [sic]" insert "or"                                                                                      
     After "ritual" insert "practices"                                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG suggested  adopting Conceptual Amendment                                                               
6 in three parts.                                                                                                               
                                                                                                                                
CHAIR McGUIRE pointed  out, however, that as  a whole, Conceptual                                                               
Amendment  6  would change  the  language  on  line 29  to  read:                                                               
"accordance  with the  laws, ceremonial  or ritual  practices, or                                                               
discipline".                                                                                                                    
                                                                                                                                
Number 2128                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  [moved to adopt Conceptual  Amendment 6                                                               
as a whole].                                                                                                                    
                                                                                                                                
CHAIR McGUIRE objected.                                                                                                         
                                                                                                                                
REPRESENTATIVE SAMUELS  asked if there  would be a  problem using                                                               
the term, "the laws of a religious organization".                                                                               
                                                                                                                                
REPRESENTATIVE LYNN replied  that he did not have  a problem with                                                               
that  term, because  some churches  have what  is called  "cannon                                                               
law."                                                                                                                           
                                                                                                                                
REPRESENTATIVE  GRUENBERG  added  that the  Catholic  Church  has                                                               
[cannon law] and the Jewish faith has Talmudic law.                                                                             
                                                                                                                                
REPRESENTATIVE  GARA  objected  to  the  insertion  of  the  word                                                               
"practices".  He elaborated:                                                                                                    
                                                                                                                                
     I think  the inclusion  of the word  "practices" allows                                                                    
     us to include  somebody as a clergy member  who, in the                                                                    
     church's day-to-day practice,  is somebody who receives                                                                    
     confidential  communications.   That could  be somebody                                                                    
     who we  don't really regard  as a clergy member.   That                                                                    
     could  be  ...  somebody  who   we  regard  as  just  a                                                                    
     counselor.  I  think that threatens to  make the people                                                                    
     to whom  these confidential  communications can  go to,                                                                    
     and the people  ... who won't have to  report abuse and                                                                    
     neglect, too  broad.   So ... I  think that  this would                                                                    
     allow ... counselors within a  religion to refrain from                                                                    
     reporting abuse and neglect.                                                                                               
                                                                                                                                
REPRESENTATIVE  GRUENBERG   pointed  out   that  the   phrase  is                                                               
"ceremonial or ritual practices".                                                                                               
                                                                                                                                
CHAIR  McGUIRE  concurred,  adding  that  "ceremonial  or  ritual                                                               
practices" is one concept.                                                                                                      
                                                                                                                                
REPRESENTATIVE GARA withdrew his objection.                                                                                     
                                                                                                                                
CHAIR McGUIRE asked whether there  were any further objections to                                                               
Conceptual Amendment 6.                                                                                                         
                                                                                                                                
Number 1999                                                                                                                     
                                                                                                                                
CHIP WAGONER, Lobbyist for the  Alaska Catholic Conference, after                                                               
noting  that the  Alaska Catholic  Conference is  made up  of the                                                               
three  Roman Catholic  bishops of  Alaska, opined  that a  slight                                                               
drafting error has been made [in Section 3].  He elaborated:                                                                    
                                                                                                                                
     Clergy  members  are  required to  report,  under  this                                                                    
     bill.    We  want  clergy members  to  be  required  to                                                                    
     report, under  this bill.   But,  if you  define clergy                                                                    
     member  as  only  those  people  who  hear  confessions                                                                    
     and/or confidential  communications, then  those clergy                                                                    
     members  that don't  hear confessions  and confidential                                                                    
     communications would not be mandatory reporters.                                                                           
                                                                                                                                
Number 1943                                                                                                                     
                                                                                                                                
CHAIR McGUIRE surmised, then, that  perhaps an amendment defining                                                               
"clergy" is  needed, unless  [the committee]  wants to  leave the                                                               
[current] definition and  delete, from page 2, line  31, "to hear                                                               
confessions  and  confidential   communications".    [The  latter                                                               
concept was later moved as Conceptual Amendment 8.]                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG  pointed out, however,  that [Conceptual                                                               
Amendment 7] strikes "and" from line 31 and puts in "or".                                                                       
                                                                                                                                
Number 1903                                                                                                                     
                                                                                                                                
CHAIR  McGUIRE, turning  back to  the  issue of  Amendment 6  and                                                               
indicating  that there  was no  longer  any objection,  announced                                                               
that Conceptual Amendment 6 was adopted.                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG relayed  that [Justin  Roberts, one  of                                                               
his staff  members] has  just told him  that "this  definition is                                                               
throughout this  bill"; therefore,  "unless you  hear confessions                                                               
or confidential communications, you won't even have to report."                                                                 
                                                                                                                                
CHAIR  McGUIRE said,  "Right; that's  why we're  going to  strike                                                               
it."                                                                                                                            
                                                                                                                                
Number 1882                                                                                                                     
                                                                                                                                
CHAIR  McGUIRE [moved  to adopt  Conceptual  Amendment 7],  which                                                               
read [original punctuation provided]:                                                                                           
                                                                                                                                
     Page 2, line 31                                                                                                            
     after "confessions"                                                                                                        
     Delete "and"                                                                                                               
     Insert "or"                                                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG said:                                                                                                  
                                                                                                                                
     If we  do this, and I  don't know if this  is where Mr.                                                                    
     Wagoner was coming  from, but Justin said  that what --                                                                    
     there  are  two  things  here.   One  question  is  who                                                                    
     reports.  And  if clergy people are  required to report                                                                    
     - clergy members  - and we limit it to  people who hear                                                                    
     confessions  ... or  confidential communications,  then                                                                    
     clergy  members  who don't  hear  those  don't have  to                                                                    
     report.  What  we want to do is  make everybody report,                                                                    
     but  only have  the  people who  [hear] confessions  or                                                                    
     [confidential communications] have the privilege.                                                                          
                                                                                                                                
CHAIR  McGUIRE  said, "Absolutely."    She  surmised, then,  that                                                               
Representative  Gruenberg's comment  was  support for  Conceptual                                                               
Amendment 7  rather than  objection to  it.   She opined  that by                                                               
inserting "or" in  place of "and" on line 31,  "we are getting at                                                               
exactly what  you said, which is,  we are allowing both  types in                                                               
for the privilege, and in for the reporting."                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he  wasn't sure.    He asked  Mr.                                                               
Roberts to speak.                                                                                                               
                                                                                                                                
Number 1838                                                                                                                     
                                                                                                                                
JUSTIN  ROBERTS, Staff  to Representative  Max Gruenberg,  Alaska                                                               
State Legislature, said:                                                                                                        
                                                                                                                                
     [If] you don't hear  either confessions or confidential                                                                    
     communications,  then  you   wouldn't  be  required  to                                                                    
     report.  So somebody that doesn't hear either ...                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG said, "That's what my concern is."                                                                     
                                                                                                                                
Number 1830                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  [renewed  Chair  McGuire's  motion  to                                                               
adopt Conceptual Amendment 7].                                                                                                  
                                                                                                                                
Number 1827                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a motion  to adopt  the following                                                               
[which became Conceptual Amendment 8]:                                                                                          
                                                                                                                                
     But then  I'll offer  another conceptual  amendment for                                                                    
     the drafters  and ... the  staff to make  certain that,                                                                    
     what  we  want  is,  everybody reports,  but  only  the                                                                    
     people   who    hear   confessions    or   confidential                                                                    
     communications have a privilege.                                                                                           
                                                                                                                                
CHAIR McGUIRE said, "Perfect."                                                                                                  
                                                                                                                                
Number 1821                                                                                                                     
                                                                                                                                
CHAIR McGUIRE  asked if there  were any objections  to Conceptual                                                               
Amendment [7].  There being  no objection, Conceptual Amendment 7                                                               
was adopted.                                                                                                                    
                                                                                                                                
Number 1818                                                                                                                     
                                                                                                                                
CHAIR McGUIRE  asked if there  were any objections  to Conceptual                                                               
Amendment 8.   There being  no objection, Conceptual  Amendment 8                                                               
was adopted.                                                                                                                    
                                                                                                                                
MR. BLOCK,  in reference to  Conceptual Amendment 5,  pointed out                                                               
that  he  had  asked  that  the word  "listed"  be  used  in  the                                                               
definition  of a  clergy member  [on  page 2,  line 28],  because                                                               
Christian   Science  practitioners   are  neither   ordained  nor                                                               
licensed.  In  response to Representatives Gruenberg  and Ogg, he                                                               
clarified that  it had been  Mr. Smith,  not he, who  had offered                                                               
the word "licensed".                                                                                                            
                                                                                                                                
CHAIR McGUIRE opined  that the term, "set  apart" would addresses                                                               
Mr. Block's concern.                                                                                                            
                                                                                                                                
MR. BLOCK responded that if  the words "otherwise set apart" were                                                               
used, [that would be] okay.                                                                                                     
                                                                                                                                
Number 1748                                                                                                                     
                                                                                                                                
CHAIR  McGUIRE  reminded  Mr. Block  that  public  testimony  was                                                               
closed.                                                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG  stated that  he wanted  the legislative                                                               
history to reflect  that the words, "or set  apart" means exactly                                                               
what Mr. Block has just said.                                                                                                   
                                                                                                                                
CHAIR McGUIRE  announced that  the record is  now clear  that "or                                                               
set apart" can include the  Christian Science practice of listing                                                               
clergy.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  GARA stated,  "The record  is now  muddled."   He                                                               
elaborated:                                                                                                                     
                                                                                                                                
     The  questioner actually  inserted something  that none                                                                    
     of us intend  and something that some of  us do intend.                                                                    
     I believe that what we intend  to do, and unless I hear                                                                    
     any objection, what we mean to  do is for this to read,                                                                    
     "who  has been  ordained,  licensed,  or otherwise  set                                                                    
     apart".                                                                                                                    
                                                                                                                                
     So,  we all  mean  to insert  the  word "otherwise"  in                                                                    
     concept, but  we believe it's  covered, as  written, so                                                                    
     we're not  going to  insert the word.   That's  what we                                                                    
     mean to accept from ...                                                                                                    
                                                                                                                                
CHAIR McGUIRE said, "That's right."                                                                                             
                                                                                                                                
REPRESENTATIVE  GRUENBERG, at  the same  time, said,  "That's the                                                               
amendment."                                                                                                                     
                                                                                                                                
REPRESENTATIVE GARA concluded, "That's what we agree to."                                                                       
                                                                                                                                
[Although  there  was no  motion  to  insert either  "listed"  or                                                               
"otherwise", the  drafters later,  at the  request of  the Chair,                                                               
inserted  the word  "listed" into  the  House Judiciary  Standing                                                               
Committee's  final version  of  the bill  as  part of  Conceptual                                                               
Amendment 5.]                                                                                                                   
                                                                                                                                
Number 1699                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG moved  to  adopt [Conceptual  Amendment                                                               
9],  to  be   inserted  at  the  end  of   Section  2,  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     (c)  nothing in  this  section shall  prevent a  clergy                                                                    
     member  from reporting  an instance  of child  abuse or                                                                    
     neglect.                                                                                                                   
                                                                                                                                
There being no objection, Conceptual Amendment 9 was adopted.                                                                   
                                                                                                                                
Number 1678                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG moved  that "we  do, conceptually,  the                                                               
same thing for the elder abuse law."                                                                                            
                                                                                                                                
REPRESENTATIVE GARA objected.                                                                                                   
                                                                                                                                
CHAIR McGUIRE  suggested to Representative  Gruenberg that  he do                                                               
that in a separate bill.                                                                                                        
                                                                                                                                
REPRESENTATIVE Gruenberg said, "That's fine."                                                                                   
                                                                                                                                
REPRESENTATIVE  OGG recommended  that  the committee  hold HB  92                                                               
over  for  the  purpose  of   reviewing  the  drafter's  finished                                                               
product.                                                                                                                        
                                                                                                                                
CHAIR McGUIRE stated that she would  prefer to see the bill moved                                                               
from  committee.   She said  that the  finished product  would be                                                               
brought  to members'  offices, and  offered  that if  there is  a                                                               
problem,  the legislation  can  either be  pulled  back into  the                                                               
House Judiciary Standing Committee or  altered in the House Rules                                                               
Standing Committee.                                                                                                             
                                                                                                                                
Number 1620                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  moved to report the  proposed committee                                                               
substitute  (CS)  for  HB   92,  Version  23-LS0257,  Lauterbach,                                                               
4/8/03,   as   amended,   out  of   committee   with   individual                                                               
recommendations and  the accompanying  zero fiscal notes.   There                                                               
being  no objection,  CSHB 92(JUD)  was reported  from the  House                                                               
Judiciary Standing Committee.                                                                                                   

Document Name Date/Time Subjects