Legislature(1999 - 2000)
03/30/1999 03:41 PM House HES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE HEALTH, EDUCATION AND SOCIAL
SERVICES STANDING COMMITTEE
March 30, 1999
3:41 p.m.
MEMBERS PRESENT
Representative Fred Dyson, Co-Chair
Representative John Coghill, Co-Chair
Representative Jim Whitaker
Representative Joe Green
Representative Carl Morgan
Representative Tom Brice
Representative Allen Kemplen
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 27(FIN)
"An Act relating to school records and driver license records of
certain children."
- MOVED CSSB 27(FIN) OUT OF COMMITTEE
* HOUSE BILL NO. 147
"An Act relating to vulnerable adults; and providing for an
effective date."
- MOVED CSHB 147(HES) OUT OF COMMITTEE
(* First public hearing)
PREVIOUS ACTION
BILL: SB 27
SHORT TITLE: ACCESS TO DRIVING/SCHOOL RECORDS OF CHILD
SPONSOR(S): SENATOR(S) LEMAN; REPRESENTATIVE(S) Rokeberg
Jrn-Date Jrn-Page Action
1/15/99 21 (S) PREFILED 1/15/99
1/19/99 21 (S) READ THE FIRST TIME - REFERRAL(S)
1/19/99 21 (S) HES, FIN
2/22/99 (S) HES AT 1:30 PM BUTROVICH ROOM 205
2/22/99 (S) HEARD AND HELD
2/22/99 (S) MINUTE(HES)
2/24/99 (S) HES AT 1:30 PM BUTROVICH ROOM 205
2/24/99 (S) MOVED CS (HES) OUT OF COMMITTEE
2/24/99 (S) MINUTE(HES)
2/25/99 362 (S) HES RPT CS 2DP 1NR 1AM SAME TITLE
2/25/99 362 (S) DP: MILLER, PETE KELLY; NR: WILKEN;
2/25/99 362 (S) AM: ELTON
2/25/99 362 (S) ZERO FISCAL NOTE (ADM)
2/25/99 362 (S) INDETERMINATE FN (DOE)
3/16/99 (S) FIN AT 9:00 AM SENATE FINANCE 532
3/16/99 (S) HEARD AND HELD
3/16/99 (S) MINUTE(FIN)
3/17/99 (S) FIN AT 9:00 AM SENATE FINANCE 532
3/17/99 (S) MOVED CS (FIN) OUT OF COMMITTEE
3/17/99 (S) MINUTE(FIN)
3/18/99 (S) RLS AT 11:40 AM FAHRENKAMP 203
3/18/99 (S) MINUTE(RLS)
3/18/99 598 (S) FIN RPT CS 6DP 1NR SAME TITLE
3/18/99 598 (S) DP: TORGERSON, PARNELL, PHILLIPS,
GREEN,
3/18/99 598 (S) LEMAN, WILKEN; NR: ADAMS
3/18/99 598 (S) PREVIOUS INDETERMINATE FN (DOE)
3/18/99 598 (S) PREVIOUS ZERO FN (ADM)
3/22/99 632 (S) RULES TO CALENDAR AND 1 OR 3/22/99
3/22/99 632 (S) READ THE SECOND TIME
3/22/99 632 (S) FIN CS ADOPTED UNAN CONSENT
3/22/99 633 (S) ADVANCED TO THIRD READING UNAN
CONSENT
3/22/99 633 (S) READ THE THIRD TIME CSSB 27(FIN)
3/22/99 633 (S) PASSED Y17 N- E2 A1
3/22/99 633 (S) LINCOLN NOTICE OF RECONSIDERATION
3/23/99 651 (S) RECONSIDERATION NOT TAKEN UP
3/23/99 652 (S) TRANSMITTED TO (H)
3/24/99 544 (H) READ THE FIRST TIME - REFERRAL(S)
3/24/99 544 (H) HES, JUD
3/24/99 562 (H) CROSS SPONSOR(S): ROKEBERG
3/30/99 (H) HES AT 3:00 PM CAPITOL 106
BILL: HB 147
SHORT TITLE: CARE FOR VULNERABLE ADULTS
SPONSOR(S): HEALTH, EDUCATION & SOCIAL SERVICES
Jrn-Date Jrn-Page Action
3/19/99 515 (H) READ THE FIRST TIME - REFERRAL(S)
3/19/99 516 (H) HES, JUD
3/30/99 (H) HES AT 3:00 PM CAPITOL 106
WITNESS REGISTER
SENATOR LOREN LEMAN, Alaska State Legislature
Capitol Building, Room 113
Juneau, Alaska 99801
Telephone: (907) 465-2095
POSITION STATEMENT: Testified as sponsor of SB 27.
DARROLL HARGRAVES, Executive Director
Alaska Council of School Administrators
326 Fourth Street, Suite 404
Juneau, Alaska 99801
Telephone: (907) 586-9702
POSITION STATEMENT: Answered questions on SB 27.
ROBERT BUTTCANE, Juvenile Probation Officer
Youth Corrections
Division of Family and Youth Services
Department of Health and Social Services
P.O. Box 110630
Juneau, Alaska 99811
Telephone: (907) 465-3228
POSITION STATEMENT: Answered questions on SB 27.
ACTION NARRATIVE
TAPE 99-29, SIDE A
Number 0001
CO-CHAIRMAN DYSON reconvened the House Health, Education and Social
Services Standing Committee meeting at 3:41 p.m. Members present
were Representatives Dyson, Coghill, Whitaker, Green, Morgan, Brice
and Kemplen. [Minutes for the Alaska Association of School
Administrators are found in the 3:05 p.m. cover sheet of the same
date.]
SB 27 - ACCESS TO DRIVING/SCHOOL RECORDS OF CHILD
CO-CHAIRMAN DYSON announced the next order of business as CS For
Senate Bill No. 27(FIN), "An Act relating to school records and
driver license records of certain children."
Number 0036
SENATOR LOREN LEMAN, Alaska State Legislature, sponsor, presented
SB 27. He said SB 27 deals with parents getting their children's
driving records. Presently, parents cannot get their children's
driving records because they are confidential; he thinks that
probably was an inadvertent vision in statute. Section 3 of the
bill now provides parents with access to their minor child's
driving record.
SENATOR LEMAN noted they also included school records in SB 27.
The federal law says school records must be made available to
parents; the Alaska statutes say non-custodial parents must have
access to the same records as custodial parents, but it is not
defined anywhere in state law what that is required to be. The
federal law says if they don't provide those records as a state,
they can withhold federal funding. He understands that school
districts are providing records, but SB 27 puts it in state law.
SENATOR LEMAN explained that while working on the legislation,
another legislator suggested the language in Section 2 which deals
with records of students who transfer from one school district to
another. There are provisions in law about what records are
transferred and how soon they are to be transferred. He wanted the
information about a child's commission of an offense, punishable as
a felony or involved the use of a deadly weapon, to also be part of
those records. He noted that the Senate has passed this on the
floor without objection.
Number 0371
REPRESENTATIVE GREEN thought there was something already in statute
similar to Section 2.
SENATOR LEMAN said he remembered dealing with that issue but
doesn't recall the details. He tried to tailor this so it is
specifically quite limited to use of a deadly weapon or something
punishable as a felony. School districts want to know who is
coming in so they can protect the other children.
Number 0478
REPRESENTATIVE BRICE wondered what would happen if a student who
who has committed a felony in another state transfers to Alaska,
but the first state's law prohibits the transfer of those records.
SENATOR LEMAN said he doesn't know for sure.
CO-CHAIRMAN DYSON asked Mr. Hargreaves to answer that question.
Number 0540
DARROLL HARGRAVES, Executive Director, Alaska Council of School
Administrators, stated he didn't believe they could require a
school district outside to furnish any records if it were against
their state law; that would be totally controlled by the laws of
that state. He said they could consider not enrolling the student
for lack of records, like they do for health records, but he didn't
think that would be fair to the student because it is the state law
out there that they are dealing with.
REPRESENTATIVE BRICE asked the sponsor if it is his intention to
slow down or stop the enrollment of an out-of-state student in that
circumstance. He would like him to establish some type of intent.
SENATOR LEMAN said this amendment was offered by Senator Torgerson
address a circumstance in the Kenai Peninsula Borough School
District. He believes it was Senator Torgerson's intent to address
the problem in that school district of people moving from one
school to another. The question raised is valid; it goes a little
beyond that specific circumstance, but it is a legitimate one to
consider. He doesn't want to do anything to jeopardize the
student's performance, but on the other hand they need to do
everything they can to protect the students and the teachers.
Number 0728
ROBERT BUTTCANE, Juvenile Probation Officer, Youth Corrections,
Division of Family and Youth Services, Department of Health and
Social Services, came forward to answer questions. He answered
Representative Green's question about the way this process works
now. He told the committee that Youth Corrections receives police
referrals from a variety of law enforcement agencies. When it is
determined that one of those referrals raised the concern for
safety of students or school staff, they notify the school through
a safety alert document. It is generally channeled to a single
point within a local school district office; once it is within the
school system, they have their own internal policies as to how that
information is disseminated. In general, it is disseminated to
those people who have a need to know, including the principal of
the school in which the student is enrolled and appropriate school
staff, which might include school counselors, teachers and so on.
MR. BUTTCANE said those safety alert records become part of the
student's record, and apparently some of those safety alert notices
were not being transferred to other schools when the student
transferred. The language in SB 27 helps take care of that because
it puts the responsibility for transferring that information on the
school the student leaves.
MR. BUTTCANE informed the committee that across the state Youth
Corrections has worked with individual school districts as to what
kind of information they want to receive safety alert notices on.
Some school districts want to be notified of any offense referral,
whether it be a misdemeanor or a felony referral, while other
school districts only want to be notified when Youth Corrections
decides there is an element of concern to the safety of students
and staff. Youth Corrections is attempting to meet the local needs
and concerns of those schools and are notifying the schools on
issues related to safety. This bill helps ensure that when a
student, who has felony-related offenses or weapons-related
offenses, transfers to a new school, the new school receives that
information
Number 0911
REPRESENTATIVE BRICE asked if Youth Corrections is capable of
sending the student records of the students defined in Section 2
out-of-state.
MR. BUTTCANE said they do it; but he's not aware if they have sent
them to a school. The information that they share with other
states' jurisdictions tends to be to other probation or law
enforcement entities. He is not aware of an out-of-state school
approaching Alaska Youth Corrections for records or information.
Number 0963
CO-CHAIRMAN DYSON asked if there was anything in the bill that
would give the schools in Youth Corrections any problems.
MR. BUTTCANE said no. They try to maintain an open and cooperative
relationship with schools.
CO-CHAIRMAN DYSON asked if it would be a problem for a parent to
see school records in a lock-down facility.
MR. BUTTCANE explained they would direct the parent to the school
officials. Although they may be housed under the same roof, they
are two separate entities; the school records would be the purview
of the school principal.
Number 1040
CO-CHAIRMAN DYSON asked if the state is the official guardian of a
foster child.
MR. BUTTCANE answered yes, the foster parent is an active partner
in that guardianship in a broader sense. What the probation
officer has is information the foster parent should probably have
as well. That is not the case for every piece of information in
the probation file, but it is good case work that the foster parent
be fully informed and be a full participant.
Number 1078
CO-CHAIRMAN DYSON asked Senator Leman when there is a long-term
foster placement, should foster parents have access to this
information, and do they fit under the classification of guardian.
SENATOR LEMAN suggested they ask the Department of Law.
CO-CHAIRMAN DYSON said he won't hold this bill up, but he will find
out. If indeed foster parents would have a difficulty getting this
information in a long-term placement, he would ask to amend it on
the house floor to include foster parents.
Number 1158
REPRESENTATIVE WHITAKER made a motion to move CSSB 27(FIN) from the
committee with individual recommendations and zero fiscal note.
There being no objection, CSSB 27 moved from the House Health,
Education and Social Services Standing Committee.
HB 147 - CARE FOR VULNERABLE ADULTS
Number 1206
CO-CHAIRMAN DYSON announced the next order of business as House
Bill No. 147, "An Act relating to vulnerable adults; and providing
for an effective date."
Number 1210
CO-CHAIRMAN COGHILL explained that HB 147 is one of the
recommendations from the Long-Term Care Task Force subcommittee.
This legislation will make it so the responsibility of protecting
those in long-term health care is guarded with some degree of
oversight. If a vulnerable adult makes an appeal that something is
wrong with the guardian or caretaker, presently the law allows the
care giver to stop that appeal summarily. This bill ensures that
the care giver will not have the right to stop the appeal. If
there is an abusive situation or personality conflict involving the
care giver, HB 147 will help vulnerable adults have the right of
appeal.
Number 1353
REPRESENTATIVE KEMPLEN offered Amendment 1 which read:
Page 2, line 20,
Add the following into Sec. 4 adding part (a) into the
bill with the amendment highlighted in bold-type. The
change in the statutes is reflected by the addition of
the word "legislators."
Sec. 4 AS 47.24.050 Confidentiality of reports. (a)
Investigation reports and reports of the abandonment,
exploitation, abuse, neglect or self-neglect of a
vulnerable adult filed under this chapter are
confidential and are not subject to public inspection and
copying under AS 09.25.110 - 09.25.125. However, in
accordance with this chapter and regulations adopted
under this chapter, investigation reports may be used by
appropriate agencies, legislators or other individuals
inside and outside the state, in connection with
investigations or judicial proceedings involving the
abandonment, exploitation, abuse, neglect, or self-
neglect of a vulnerable adult.
Renumber the sections accordingly.
Number 1360
CO-CHAIRMAN DYSON objected for the discussion.
REPRESENTATIVE KEMPLEN explained that this amendment provides the
opportunity for legislators to have access to the records of
vulnerable adults. Last year they passed legislation allowing
legislators access to the vulnerable young; this amendment allows
legislators the same type of access for vulnerable adults.
CO-CHAIRMAN COGHILL said quite often the legislators are the last
recourse of advocacy for constituents; he thinks it is an excellent
addition, and he suggests they put it in.
Number 1452
CO-CHAIRMAN DYSON removed his objection.
Number 1505
REPRESENTATIVE KEMPLEN made a motion to move CSHB 147(HES) with
individual recommendations and zero fiscal note. There being no
objection, CSHB 147(HES) moved from the House Health, Education and
Social Services Standing Committee.
The committee took a brief at-ease from 4:08 p.m. - 4:10 p.m.
ADJOURNMENT
Number 1563
There being no further business before the committee, the House
Health, Education and Social Services Committee meeting was
adjourned at 4:11 p.m.
| Document Name | Date/Time | Subjects |
|---|