Legislature(2013 - 2014)BELTZ 105 (TSBldg)

04/10/2013 08:00 AM EDUCATION


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

Document Name Date/Time Subjects
04102013_HB154_MuseumoftheNorth_BillText_VersionA.PDF SEDC 4/10/2013 8:00:00 AM
HB 154
04102013_HB154_MuseumoftheNorth_BillText_VersionC.PDF SEDC 4/10/2013 8:00:00 AM
HB 154
04102013_HB154_MuseumoftheNorth_FiscalNote1.pdf SEDC 4/10/2013 8:00:00 AM
HB 154
04102013_HB154_MuseumoftheNorth_SponsorStatement_VersionC.pdf SEDC 4/10/2013 8:00:00 AM
HB 154
04102013_HB154_MuseumoftheNorth_SummaryChanges.pdf SEDC 4/10/2013 8:00:00 AM
HB 154
04102013_HB154_MuseumoftheNorth_SupportLetters.pdf SEDC 4/10/2013 8:00:00 AM
HB 154
04102013_SB89_TaxCredits_BillText_VersionN.pdf SEDC 4/10/2013 8:00:00 AM
SB 89
04102013_SB89_TaxCredits_BillText_VersionU.PDF SEDC 4/10/2013 8:00:00 AM
SB 89
04102013_SB89_TaxCredits_Sectional_VersionN.pdf SEDC 4/10/2013 8:00:00 AM
SB 89
04102013_SB89_TaxCredits_SponsorStatement.pdf SEDC 4/10/2013 8:00:00 AM
SB 89
04102013_SB89_TaxCredits_Summary of Education Tax Credits.pdf SEDC 4/10/2013 8:00:00 AM
SB 89
04102013_SB100_CorrespondenceStudy_BillText_VersionA.PDF SEDC 4/10/2013 8:00:00 AM
SB 100
04102013_SB100_CorrespondenceStudy_ListOfPrograms.pdf SEDC 4/10/2013 8:00:00 AM
SB 100
04102013_SB100_CorresponenceStudy_SponsorStatement.pdf SEDC 4/10/2013 8:00:00 AM
SB 100
04102013_SB100_CorresponenceStudy_FiscalNote_DEED1.pdf SEDC 4/10/2013 8:00:00 AM
SB 100
04102013_SB89_TaxCredits_FiscalNote_REV1.pdf SEDC 4/10/2013 8:00:00 AM
SB 89
04052013_SB91_FiscalNote_Corrections1.pdf SEDC 4/10/2013 8:00:00 AM
SB 91
04052013_SB91_Hazing_BillText_VersionN.pdf SEDC 4/10/2013 8:00:00 AM
SB 91