Legislature(1999 - 2000)

03/07/2000 04:10 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               HOUSE HEALTH, EDUCATION AND SOCIAL                                                                               
                   SERVICES STANDING COMMITTEE                                                                                  
                          March 7, 2000                                                                                         
                            4:10 p.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Fred Dyson, Chairman                                                                                             
Representative Jim Whitaker                                                                                                     
Representative Joe Green                                                                                                        
Representative Carl Morgan                                                                                                      
Representative Tom Brice                                                                                                        
Representative Allen Kemplen                                                                                                    
Representative John Coghill                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
                                                                                                                                
Professional Teaching Practices Commission                                                                                    
                                                                                                                                
     Patricia Truman - Palmer                                                                                                   
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
HOUSE BILL NO. 387                                                                                                              
"An    Act   prohibiting    governmental    entities,    including                                                              
municipalities and school districts, from restricting a person's                                                                
free exercise of religion."                                                                                                     
                                                                                                                                
     - MOVED CSHB 387(HES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 402                                                                                                              
"An Act relating to runaway minors."                                                                                            
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
                                                                                                                                
Professional Teaching Practices Commission                                                                                    
                                                                                                                                
     Christine Miller Dart - North Pole                                                                                         
     Lawrence Lee Oldaker - Juneau                                                                                              
     Linda Connelly - Palmer                                                                                                    
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 387                                                                                                                  
SHORT TITLE: FREEDOM OF RELIGION                                                                                                
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/16/00      2215     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/16/00      2215     (H)  CRA, HES, STA, JUD                                                                                  
 2/23/00      2289     (H)  COSPONSOR(S): COGHILL, DYSON                                                                        
 2/25/00      2315     (H)  COSPONSOR(S): HALCRO                                                                                
 3/01/00      2376     (H)  COSPONSOR(S): CISSNA                                                                                
 3/02/00               (H)  CRA AT  8:00 AM CAPITOL 124                                                                         
 3/02/00               (H)  Moved Out of Committee                                                                              
 3/02/00               (H)  MINUTE(CRA)                                                                                         
 3/03/00      2391     (H)  CRA RPT 1DP 5NR                                                                                     
 3/03/00      2391     (H)  DP: DYSON; NR: MURKOWSKI, HALCRO,                                                                   
 3/03/00      2392     (H)  JOULE, HARRIS, MORGAN                                                                               
 3/03/00      2392     (H)  INDETERMINATE FN (LAW/ALL DEPTS)                                                                    
 3/03/00      2392     (H)  REFERRED TO HES                                                                                     
 3/07/00               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
                                                                                                                                
BILL: HB 402                                                                                                                  
SHORT TITLE: PROBABLE CAUSE FOR RUNAWAY MINORS                                                                                  
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/16/00      2219     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/16/00      2219     (H)  HES, JUD                                                                                            
 2/16/00      2219     (H)  REFERRED TO HES                                                                                     
 3/07/00               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
PATRICIA TRUMAN, Appointee                                                                                                      
   to the Professional Teaching Practices Commission (PTPC)                                                                     
PO Box 212792                                                                                                                   
Anchorage, Alaska  99521                                                                                                        
POSITION STATEMENT:  Testified as appointee to the PTPC.                                                                        
                                                                                                                                
THE REVEREND ROBERT NICHOLSON, Pastor                                                                                           
Chapel-by-the-Lake Presbyterian Church                                                                                          
Presbyterian Church USA                                                                                                         
PO Box 210607                                                                                                                   
Auke Bay, Alaska  99821                                                                                                         
POSITION STATEMENT:  Testified in support of HB 387.                                                                            
                                                                                                                                
REPRESENTATIVE ERIC CROFT                                                                                                       
Alaska State Legislature                                                                                                        
Capitol Building, Room 400                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  As sponsor of HB 387, presented a proposed                                                                 
committee substitute.                                                                                                           
                                                                                                                                
THE REVEREND JOSEPH STORY, Pastor                                                                                               
Seventh-Day Adventist Church (Sitka and Juneau)                                                                                 
Northwest Religious Liberty Association                                                                                         
1507 Davidoff Street                                                                                                            
Sitka, Alaska 99835                                                                                                             
POSITION STATEMENT:  Testified in support of HB 387.                                                                            
                                                                                                                                
WILDA RODMAN, Staff                                                                                                             
   for Representative Gene Therriault                                                                                           
Alaska State Legislature                                                                                                        
Capitol Building, Room 511                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Presented HB 402.                                                                                          
                                                                                                                                
DEL SMITH, Deputy Commissioner                                                                                                  
Department of Public Safety                                                                                                     
PO Box 111200                                                                                                                   
Juneau, Alaska  99811                                                                                                           
POSITION STATEMENT:  Testified on HB 402.                                                                                       
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Legal Services Section-Juneau                                                                                                   
Criminal Division                                                                                                               
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, Alaska  99811                                                                                                           
POSITION STATEMENT:  Answered questions on HB 402.                                                                              
                                                                                                                                
JANA STEWART, Administrator                                                                                                     
Central Office                                                                                                                  
Family Services                                                                                                                 
Division of Family & Youth Services                                                                                             
Department of Health & Social Services,                                                                                         
PO Box 110639                                                                                                                   
Juneau, Alaska  99811                                                                                                           
POSITION STATEMENT:  Answered questions on HB 402.                                                                              
                                                                                                                                
CHRISTINE MILLER DART, Appointee                                                                                                
   to the Professional Teaching Practices Commission (PTPC)                                                                     
PO Box 57007                                                                                                                    
Fairbanks, Alaska  99705                                                                                                        
POSITION STATEMENT:  Testified as appointee to the PTPC.                                                                        
                                                                                                                                
RICHARD BLOCK                                                                                                                   
Christian Science Committee on the Publication                                                                                  
   for the State of Alaska                                                                                                      
360 West Benson, Number 301                                                                                                     
Anchorage, Alaska  99503                                                                                                        
POSITION STATEMENT:  Testified in  support of HB 387.                                                                           
                                                                                                                                
CHRIS SOEBROTO                                                                                                                  
PO Box 965                                                                                                                      
Tok, Alaska  99780                                                                                                              
POSITION STATEMENT:  Testified in  support of HB 387.                                                                           
                                                                                                                                
JAMIE NALEPINSKI                                                                                                                
PO Box 942                                                                                                                      
Tok, Alaska  99780                                                                                                              
POSITION STATEMENT:  Testified in  support of HB 387.                                                                           
                                                                                                                                
LYLE AXELARRIS                                                                                                                  
PO Box 964                                                                                                                      
Tok, Alaska  99780                                                                                                              
POSITION STATEMENT:  Testified in  support of HB 387.                                                                           
                                                                                                                                
TABATHA PARKER                                                                                                                  
PO Box 942                                                                                                                      
Tok, Alaska  99780                                                                                                              
POSITION STATEMENT:  Testified in  support of HB 387.                                                                           
                                                                                                                                
MICHAEL REILLY                                                                                                                  
PO Box 974                                                                                                                      
Tok, Alaska  99780                                                                                                              
POSITION STATEMENT:  Testified in  support of HB 387.                                                                           
                                                                                                                                
AMY JO RIST                                                                                                                     
PO Box 942                                                                                                                      
Tok, Alaska  99780                                                                                                              
POSITION STATEMENT:  Testified in  support of HB 387.                                                                           
                                                                                                                                
LAWRENCE LEE OLDAKER, Appointee                                                                                                 
   to the Professional Teaching Practices Commission (PTPC)                                                                     
PO Box 210996                                                                                                                   
Auke Bay, Alaska  99821                                                                                                         
POSITION STATEMENT:  Testified as  appointee to PTPC.                                                                           
                                                                                                                                
LINDA CONNELLY, Appointee                                                                                                       
   to the Professional Teaching Practices Commission (PTPC)                                                                     
PO Box 762                                                                                                                      
Palmer, Alaska  99645                                                                                                           
POSITION STATEMENT:  Testified as appointee to PTPC.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-29, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
[The minutes for  the Advisory Board on Alcoholism  and Drug Abuse                                                              
Annual Report  and the Audit Review:   Division of  Alcoholism and                                                              
Drug Abuse can be found in the 3:06  p.m. cover sheet for the same                                                            
day.]                                                                                                                           
                                                                                                                                
CHAIRMAN  FRED DYSON reconvened  the House  Health, Education  and                                                              
Social Services Standing  Committee meeting at 4:10  p.m.  Members                                                              
present  were  Representatives  Dyson,  Whitaker,  Green,  Morgan,                                                              
Brice, Kemplen and Coghill.                                                                                                     
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                         
                                                                                                                                
Professional Teaching Practices Commission                                                                                    
                                                                                                                                
CHAIRMAN DYSON  announced that the  committee would  consider four                                                              
nominees  for  the  Professional  Teaching  Practices  Commission.                                                              
Members  would not  vote for  the  nominees but  would pass  their                                                              
names out  of committee  for full consideration  of the  House and                                                              
Senate.  [Resumes were provided for all appointees.]                                                                            
                                                                                                                                
Number 0096                                                                                                                     
                                                                                                                                
PATRICIA TRUMAN, Appointee to the  Professional Teaching Practices                                                              
Commission (PTPC), testified via  teleconference from Palmer.  She                                                              
teaches  Eighth  Grade  Language  Arts  at  Palmer  Junior  Middle                                                              
School.   She moved  to Alaska  in 1978,  teaching in Fort  Yukon,                                                              
Fairbanks  and in  the Matanuska-Susitna  area.   She  has a  wide                                                              
experience  not only  with the regions  of Alaska  but with  grade                                                              
levels, having  taught every  grade K-12 plus  adults.   She knows                                                              
the teaching profession and believes she has a stellar record.                                                                  
                                                                                                                                
Number 0164                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE  asked Ms. Truman  if she was applying  for a                                                              
position on the PTPC.                                                                                                           
                                                                                                                                
MS. TRUMAN  indicated  it is an  appointed position,  and she  was                                                              
asked to consider it.                                                                                                           
                                                                                                                                
CHAIRMAN   DYSON  asked   Ms.  Truman   what  she   sees  as   the                                                              
responsibilities of the PTPC.                                                                                                   
                                                                                                                                
Number 0203                                                                                                                     
                                                                                                                                
MS. TRUMAN  said she sees  the PTPC as  a double-edged sword:   it                                                              
protects  the teachers  who behave ethically  and sanctions  those                                                              
who don't.                                                                                                                      
                                                                                                                                
CHAIRMAN  DYSON asked:    If a  teacher  is acting  professionally                                                              
within  the policies  defined by  a district and  that teacher  is                                                              
treated poorly  or there is  retribution for something,  would the                                                              
PTPC come into  play or would that  be a place of remedy  for that                                                              
teacher?                                                                                                                        
                                                                                                                                
MS. TRUMAN  explained  that usually  the PTPC  doesn't act  on any                                                              
case  unless  there  has  been  a   complaint  filed.    The  PTPC                                                              
researches  the  case  and  either   tells  the  district  or  the                                                              
complaining party that  the PTPC will go forward  with the case if                                                              
there is  enough evidence  of wrongdoing, or  it will  be deferred                                                              
back to be worked out at the local level.                                                                                       
                                                                                                                                
Number 0315                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON asked  Ms. Truman if principals are  in the purview                                                              
of the responsibility of the PTPC.                                                                                              
                                                                                                                                
MS. TRUMAN  replied that  she believed  so.  She  is still  new at                                                              
this,  but  believes that  anybody  who  has an  Alaskan  teaching                                                              
certificate is in the purview of the PTPC.                                                                                      
                                                                                                                                
Number 0375                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN asked Ms.  Truman what  "OBE" stands  for in                                                              
her resume.                                                                                                                     
                                                                                                                                
MS. TRUMAN explained it stands for outcome-based education.                                                                     
                                                                                                                                
[The  confirmation hearings  were suspended  in order  to take  up                                                              
legislation.   The other three  appointees testified later  in the                                                              
meeting.]                                                                                                                       
                                                                                                                                
HB 387 - FREEDOM OF RELIGION                                                                                                  
                                                                                                                                
Number 0429                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON announced the next  order of business as House Bill                                                              
No.  387, "An  Act  prohibiting governmental  entities,  including                                                              
municipalities and  school districts, from restricting  a person's                                                              
free exercise of religion."                                                                                                     
                                                                                                                                
Number 0478                                                                                                                     
                                                                                                                                
THE   REVEREND  ROBERT   NICHOLSON,   Pastor,   Chapel-by-the-Lake                                                              
Presbyterian  Church,  Presbyterian Church  USA,  came forward  to                                                              
testify  in support  of  HB 387.   He  explained  that his  church                                                              
nationally  is  a  part  of  consortium   of  about  70  religious                                                              
denominations that  are trying to see that religious  freedom acts                                                              
like this  are embraced  by the states  across the nation  because                                                              
the  Supreme  Court has  backed  off  from  granting the  kind  of                                                              
religious  freedom that is  basic.   He related  an incident  at a                                                              
church in  Oregon that bought  ten acres for  a parking lot  and a                                                              
buffer around  the church but were  told by the  municipality that                                                              
it was a good  plan, but the church couldn't have  any weddings or                                                              
funerals.  This  is an example of consequences of  not having this                                                              
bill.  It could  also limit having prayer meetings  and gatherings                                                              
in  homes because  they are  not licensed  as churches.   He  also                                                              
pointed  out that  in China  the  single religious  issue that  is                                                              
giving  the government  more  heartburn  is house  churches  where                                                              
people walk to the house and gather and worship.                                                                                
                                                                                                                                
Number 0729                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ERIC CROFT, Alaska  State Legislature,  sponsor of                                                              
HB 387, presented a proposed committee substitute (CS).                                                                         
                                                                                                                                
Number 0760                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  made a motion  to adopt the proposed  CS for                                                              
HB  387, version  1-LS1461\G,  Kurtz,  3/7/00,  as a  work  draft.                                                              
There being no objection, Version G was before the committee.                                                                   
                                                                                                                                
REPRESENTATIVE  CROFT explained the  three substantive  changes in                                                              
the proposed CS  attempt to conform to the state  of the law prior                                                              
to the  Smith decision.   The law previous  to the  Smith decision                                                          
allowed  that general  applicability  which  placed a  substantial                                                              
burden on religion was invalid unless  the government could show a                                                              
compelling interest.   When Representative  Croft wrote  the bill,                                                              
he did  not accurately  state that substantial  burden.   It makes                                                              
someone show there is something more  than an incidental effect on                                                              
a religion, and that it is an important one.                                                                                    
                                                                                                                                
REPRESENTATIVE CROFT  said in addition, it was  not generally true                                                              
that one got money damages in this  area; the proposed CS released                                                              
that.  There  was also a section that talked  about the individual                                                              
rights of  others, and  "the individual rights  of a  third party"                                                              
was put in to eliminate some legal  confusion.  The title was also                                                              
changed to conform to that substantial burden.                                                                                  
                                                                                                                                
NUMBER 0938                                                                                                                     
                                                                                                                                
THE REVEREND  JOSEPH STORY,  Pastor, Seventh-Day Adventist  Church                                                              
(Sitka  and  Juneau),  Northwest  Religious  Liberty  Association,                                                              
testified via teleconference  from Portland, Oregon.   He read the                                                              
following testimony:                                                                                                            
                                                                                                                                
     We strongly  support bill [HB] 387 for  several reasons.                                                                   
     First,  we are  mindful  of the  fact  that the  Supreme                                                                   
     Court's   decision   in  Sherbert   v.   Verner   (1963)                                                                 
     specifically  involved  a Seventh-Day  Adventist  church                                                                   
     member who  had been discriminated against  at her place                                                                   
     of employment on the basis of her firmly held beliefs.                                                                     
                                                                                                                                
     We  take special  interest in  the fact that  it was  in                                                                   
     this particular case that the  high court ruled that the                                                                   
     state's  interest  in denying  unemployment  benefits  -                                                                   
     merely  because Mrs.  Sherbert  would  not make  herself                                                                   
     available  for  work  on  Saturday   (her  Sabbath),  as                                                                   
     required by the state's unemployment  compensation law -                                                                   
     was    insufficiently   compelling    to   warrant    an                                                                   
     infringement  upon  this most  fundamental  right:   the                                                                   
     free exercise of religion.                                                                                                 
                                                                                                                                
     Second,  Representatives Croft,  Dyson, Coghill,  Halcro                                                                   
     and Cissna's  efforts to  restore the "compelling  state                                                                   
     interest"  and the "least  restrictive means" tests,  as                                                                   
     established in  Sherbert v. Verner (1963)  and Wisconsin                                                               
     v.  Yoder  (1972), respectively,  could  not  come at  a                                                                 
     better time.  Such a provision  will effectively restore                                                                   
     an  individual's  right to  free exercise  of  religious                                                                   
     convictions  at   the  state  level,  and   prevent  the                                                                   
     unnecessary discrimination that  occurs on a daily basis                                                                   
     in the public sector, particularly in the workplace.                                                                       
                                                                                                                                
     As  Justice Sandra  Day O'Connor stated  in the  Supreme                                                                   
     Court's  decision in  Employment Division  of Oregon  v.                                                                 
     Smith,  the  court made  a  critical mistake  when  they                                                                 
     failed to  offer "convincing"  evidence "to depart  from                                                                   
     the  settled  First  Amendment   jurisprudence."    This                                                                   
     fundamental  departure allows  states to "make  criminal                                                                   
     an individual's religiously  motivated conduct" in a way                                                                   
     that   burdens  [an]  individual's   free  exercise   of                                                                   
     religion";  puts   at  a  clear  disadvantage   minority                                                                   
     religions   and   religious   practices   when   leaving                                                                   
     accommodation  to  the political  process;  and  enables                                                                   
     government to ignore religious  claims altogether, if it                                                                   
     suits    them,   without    offering   any    compelling                                                                   
     justification to support their  actions (494 U.S. 872 at                                                                   
     897, 902).   However, as Justice O'Connor  reiterated in                                                                   
     Smith:                                                                                                                   
                                                                                                                                
          The  essence of  a free  exercise  claim is  relief                                                                   
          from  a burden imposed  by government on  religious                                                                   
          practice or beliefs, whether  the burden is imposed                                                                   
          directly  through  laws  that  prohibit  or  compel                                                                   
          specific religious practices  or indirectly through                                                                   
          laws  that, in  effect, make  abandonment of  one's                                                                   
          own  religion   or  conformity  to   the  religious                                                                   
          beliefs  of others the price  of an equal  place in                                                                   
          the civil community(494 U.S. 872 at 897).                                                                             
                                                                                                                                
     Finally,  to place  on the shoulders  of government  the                                                                   
     burden  to  prove  a compelling  interest  in  order  to                                                                   
     protect  the greater,  or common  good, is  to place  an                                                                   
     individual's claim to religious  freedom in its rightful                                                                   
     place.  America's founders,  namely Thomas Jefferson and                                                                   
     James  Madison,  believed  that  the  free  exercise  of                                                                   
     religion  was  the  most "liberal"  of  all  the  rights                                                                   
     Americans  could claim,  the one right  that placed  the                                                                   
     greatest trust  in the capacity  of private  choice, and                                                                   
     the  one least  dependent  on positive  law.   In  other                                                                   
     words, a right that was considered "unalienable."                                                                          
                                                                                                                                
     Again, as  Justice O'Connor stated in Smith,  "The First                                                                 
     Amendment  was enacted precisely  to protect the  rights                                                                   
     of  those whose religious  practices  are not shared  by                                                                   
     the majority."  (494 U.S. 872  at 897, 902)   We believe                                                                   
     that HB 387  will restore this historical  intent at the                                                                   
     state level.                                                                                                               
                                                                                                                                
CHAIRMAN DYSON suspended the hearing on HB 387 temporarily in                                                                   
order to take up other matters.                                                                                                 
                                                                                                                                
HB 402 - PROBABLE CAUSE FOR RUNAWAY MINORS                                                                                    
                                                                                                                                
CHAIRMAN DYSON announced the next order of business as House Bill                                                               
No. 402, "An Act relating to runaway minors."                                                                                   
                                                                                                                                
Number 1208                                                                                                                     
                                                                                                                                
WILDA  RODMAN,  Staff for  Representative  Gene  Therriault,  came                                                              
forward to present HB 402 on behalf  of the sponsor.  She read the                                                              
sponsor statement:                                                                                                              
                                                                                                                                
     This  legislation  is  one   of  many  in  a  long  list                                                                   
     attempting to deal effectively  with minors who have run                                                                   
     away  from   home.    Four  measures  have   passed  the                                                                   
     legislature  and become law  since 1994  - each of  them                                                                   
     recognizing and strengthening  the rights of parents and                                                                   
     legal guardians  to make the  decisions on placement  of                                                                   
     the minor.  House bill 402 continues that effort.                                                                          
                                                                                                                                
     House  Bill  402  raises the  standard  by  which  peace                                                                   
     officers  determine  whether or  not  to return  runaway                                                                   
     minors to their parents' or  legal guardians' residence.                                                                   
     Under current  law, once a minor has been  determined to                                                                   
     be  a runaway,  peace officers  are  required to  return                                                                   
     them  to their  parents' or  legal guardians'  residence                                                                   
     unless they  have reasonable  cause to believe  that the                                                                   
     minor has  experienced physical  or sexual abuse  in the                                                                   
     parents'   or   legal  guardians'   household.      This                                                                   
     legislation requires the peace  officer to have probable                                                                   
     cause  to believe  such abuse  has occurred  - a  higher                                                                   
     standard.                                                                                                                  
                                                                                                                                
     The  legislature  has  long grappled  with  the  balance                                                                   
     between the  rights of parents  to raise their  children                                                                   
     to   be   productive   members  of   society   and   the                                                                   
     responsibility of protecting  those who have been abused                                                                   
     physically or  sexually.  House  Bill 402 is  an attempt                                                                   
     to make  Alaska's statutes  reflect the  appropriateness                                                                   
     of minors abiding  by the rules and limits  set by their                                                                   
     parents.                                                                                                                   
                                                                                                                                
MS. RODMAN  explained that  Representative Therriault  wanted this                                                              
bill  brought  up to  hear  the  concerns  of the  department  and                                                              
committee members.                                                                                                              
                                                                                                                                
Number 1278                                                                                                                     
                                                                                                                                
REPRESENTATIVE WHITAKER  asked if it  is correct that it  would be                                                              
reasonable for  a police  officer to have  a runaway  child simply                                                              
say "I  have been  abused," and  that would  be reason enough  for                                                              
that child to not be returned to the family.                                                                                    
                                                                                                                                
Number 1321                                                                                                                     
                                                                                                                                
DEL SMITH, Deputy Commissioner, Department  of Public Safety, came                                                              
forward to testify.   As a law enforcement officer  of many years,                                                              
he is concerned  about raising this  standard.  He  believes there                                                              
was at least one incident that prompted  this legislation.  As the                                                              
incident was related  to him, he believes the officer  did not act                                                              
appropriately.   He doesn't  believe the law  needs to  be changed                                                              
because  an  officer  did  not appropriately   apply it.    As  to                                                              
Representative  Whitaker's question,  he believes  if the  runaway                                                              
minor  articulates  a  fairly  reasonable  story,  he,  as  a  law                                                              
enforcement officer, would not want  to take the runaway home.  He                                                              
would at least  want a timeout to look into  whether something had                                                              
really occurred or not.                                                                                                         
                                                                                                                                
MR. SMITH  noted that most horrific  story he ever heard  was when                                                              
the police took  the child back to Jeffrey Dahmer's  house.  He is                                                              
not equating  any of  that here, but  he does  not want to  put an                                                              
officer in  a position of  saying "Sorry  kid, you don't  make the                                                              
mark for  probable cause,"  which is  certainly a higher  standard                                                              
than reasonable  cause.  Practically  speaking, most  officers are                                                              
going to  err on  the side  of saying  maybe there  needs to  be a                                                              
timeout for  somebody to take a look  at this.  Probable  cause is                                                              
the standard  used to arrest somebody.   He has to believe  that a                                                              
crime happened to  get to probable cause.  That is  a pretty tough                                                              
standard  to arrive  at in  a police  car before  the officer  can                                                              
decide what to do with the child.   This is too high a standard to                                                              
determine whether or not to take  someone's freedom away to arrive                                                              
at whether something has really happened to this young person.                                                                  
                                                                                                                                
Number 1495                                                                                                                     
                                                                                                                                
REPRESENTATIVE   BRICE  asked  what   the  legal  tests   are  for                                                              
reasonable cause and probable cause.                                                                                            
                                                                                                                                
MR.  SMITH   answered  he   can  only   speak  to  the   practical                                                              
applications;  Anne  Carpeneti can  better  talk  about the  legal                                                              
standards.  Probable  cause to him is that something  has happened                                                              
and there is someone who has done  it.  He has difficulty applying                                                              
it to  a situation where  somebody is  telling him something  that                                                              
has happened to  them or not.  Generally if someone  comes up to a                                                              
police officer and says this has  happened to him/her, the officer                                                              
doesn't try  to set  some standard  about whether  it did  or not.                                                              
The report  is taken  and if  it turns  out to  be false,  a false                                                              
police report  is filed against the  person.  That kind  of triage                                                              
would not  occur in this kind  of situation.  Reasonable  cause is                                                              
in a situation like  this:  a kid says "I don't  want to go home;"                                                              
"Why  don't you  want to go  home?" "Well,  I've  been made  to do                                                              
things that  I don't  like to do,"  or "They beat  me."   Then the                                                              
officer would try to fill out the  story when, where, how, who and                                                              
how many times.                                                                                                                 
                                                                                                                                
REPRESENTATIVE BRICE commented that  there's a vague issue between                                                              
reasonable cause and probable cause.                                                                                            
                                                                                                                                
MR. SMITH said  the terms he refers to are  "reasonable suspicion"                                                              
and  "probable cause."   He  isn't sure  exactly where  reasonable                                                              
cause came from.   Reasonable suspicion might be if  he sees a guy                                                              
sneaking around in  a neighborhood late at night  where burglaries                                                              
have  been  happening,  he  might  have  reasonable  suspicion  to                                                              
believe that  he is  about to do  a burglary or  has done  one, at                                                              
least enough to  stop him and do a field interrogation.   It would                                                              
not be probable  cause to take him into custody  unless he'd found                                                              
more evidence.                                                                                                                  
                                                                                                                                
Number 1654                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN  asked:     If  the  standard  was  left  at                                                              
reasonable  cause, would  the officers  have  to make  a lot  more                                                              
decisions  because they  might have  a  reasonable suspicion,  but                                                              
they  know  they don't  have  probable  cause?    So, if  it  were                                                              
probable cause, they would deal with this kid differently.                                                                      
                                                                                                                                
MR. SMITH said  if it were a  probable cause standard and  the law                                                              
were changed,  the officer would  probably have to take  the child                                                              
home unless he/she  had evidence that established  probable cause.                                                              
As a practical matter, most law enforcement  officers are going to                                                              
err toward taking  a timeout and having someone else  sort it out.                                                              
They are not  going to stick the  kid back into a  situation where                                                              
he/she may  be abused.   In the  situation where  the kid  says "I                                                              
just don't  want to go  home," if the  officer applies the  law in                                                              
the right  way, he'd say  "Sorry, we're going  home."  If  the kid                                                              
says "I  don't want  to go  home because  things have happened  to                                                              
me," the  officer would  need to  question further  about what  is                                                              
happening to him/her.  To get to  the probable cause level takes a                                                              
lot more  time, energy, investigation  than should be  required of                                                              
law enforcement officers on the street.                                                                                         
                                                                                                                                
Number 1749                                                                                                                     
                                                                                                                                
ANNE  CARPENETI,   Assistant  Attorney  General,   Legal  Services                                                              
Section-Juneau,  Criminal   Division,  Department  of   Law,  came                                                              
forward  to testify.    She explained  that  a few  years ago  the                                                              
standard  used to  be "reasonable  suspicion"; it  was changed  to                                                              
"reasonable cause" to raise that  a little bit.  The Department of                                                              
Law supports  and agrees  with the  Department  of Safety when  it                                                              
voices its  concerns about the probable  cause standard.   That is                                                              
the legal standard used to arrest  somebody.  No one wants to take                                                              
a child  home in  every case  unless there  is enough evidence  to                                                              
arrest the parent;  that would be dangerous.  The  police need the                                                              
chance  to apply  the  reasonable cause  standard  if the  reasons                                                              
given  by the  child seem  to make  sense  and take  some time  to                                                              
investigate them  out before taking  the child home to  what could                                                              
be a dangerous situation.                                                                                                       
                                                                                                                                
REPRESENTATIVE BRICE  asked Ms. Carpeneti  for the  definitions of                                                              
probable cause and reasonable cause.                                                                                            
                                                                                                                                
MS. CARPENETI  answered that it is  a very dynamic standard.   She                                                              
could find  case law  for Representative Brice  to see  how courts                                                              
have defined  it; it is  not defined  in Alaska's statutes.   When                                                              
she thinks  of "reasonable cause,"  she thinks of good  reasons to                                                              
believe that  there might be something  bad happening to  a child.                                                              
When she thinks of probable cause,  she thinks of what Del [Smith]                                                              
described as  enough reason to convince  a judge to get  a warrant                                                              
for his/her  arrest -  that a  crime has  been committed  and that                                                              
person committed the crime.                                                                                                     
                                                                                                                                
REPRESENTATIVE   BRICE  said  it   is  not   clear  to   him  that                                                              
"reasonable" to  "probable" aren't interchangeable  simply because                                                              
when the  reasonable cause standard  was established,  nobody knew                                                              
what it was.                                                                                                                    
                                                                                                                                
MS.  CARPENETI said  when talking  about reasonable  cause, it  is                                                              
less  talking  about  who  did  it   than  whether  something  bad                                                              
happened.  That's  how she would think of it.   If the child gives                                                              
reason to  believe that something  bad has happened, no  one wants                                                              
to  return  him/her to  the  original  environment.   In  probable                                                              
cause,  it  is  more  likely  than  not  that  something  bad  has                                                              
happened,  and that  a particular  person did  it.   She would  be                                                              
happy to get  case law on it;  it is something used all  the time,                                                              
but there  isn't a good Webster's  type definition.  She  will get                                                              
some court decisions for him.                                                                                                   
                                                                                                                                
CHAIRMAN DYSON asked  Mr. Smith what an officer does  with a child                                                              
when he has heard things and doesn't  want to take the child home.                                                              
Where does he take him?                                                                                                         
                                                                                                                                
Number 1948                                                                                                                     
                                                                                                                                
MR. SMITH answered that if there  is not a DFYS person on duty, he                                                              
can call  the Division  of Family  and Youth  Services (DFYS)  and                                                              
say, "I've  got this person;  where do you  want me to  take him?"                                                              
The officers are trying to avoid  keeping him in the police car at                                                              
the police station.                                                                                                             
                                                                                                                                
CHAIRMAN DYSON asked what happens next.                                                                                         
                                                                                                                                
Number 1974                                                                                                                     
                                                                                                                                
JANA  STEWART,  Administrator, Central  Office,  Family  Services,                                                              
Division of Family & Youth Services(DFYS),  Department of Health &                                                              
Social Services, came forward to  answer questions.  She indicated                                                              
that  in general,  the  DFYS  supports  the Department  of  Public                                                              
Safety's  interpretation of  this.   The DFYS  is not  comfortable                                                              
with adding  a second  set of  standards.   The DFYS already  uses                                                              
reasonable cause for mandatory reporters  and police are mandatory                                                              
reporters.   This is  something the division  is familiar  with in                                                              
the  civil context;  to then  throw in  a standard  which is  most                                                              
traditionally used  in criminal law which is so  infrequently used                                                              
in civil  law is going  to confuse the  issue for police  officers                                                              
and may subsequently  confuse the issue for DFYS  when there is an                                                              
officer who  has had to articulate  something based on  a criminal                                                              
law  standard.   It's  not going  to  be as  clear  to the  social                                                              
workers if  the police officer has  made an assessment based  on a                                                              
criminal  standard and  now they're  coming to  DFYS with a  child                                                              
that  has  to be  placed  under  civil standards.    The  division                                                              
believes that  is going  to be apples  and oranges and  will cause                                                              
confusion for the police and social workers.                                                                                    
CHAIRMAN  DYSON asked  what happens  to the child  if the  officer                                                              
decides not to take the child home.                                                                                             
                                                                                                                                
MS. STEWART  explained that it becomes  a report of harm,  and the                                                              
division  will do an  intake investigation  and  assess it.   Then                                                              
there is a hearing before a magistrate in 48 hours.                                                                             
                                                                                                                                
Number 2044                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BRICE asked  if the "runaway"  statutes are  under                                                              
the civil laws, not criminal laws.                                                                                              
                                                                                                                                
MS. STEWART answered yes, it is all  through the child-in-need-of-                                                              
aid (CINA) statutes, which are not criminal statutes.                                                                           
                                                                                                                                
REPRESENTATIVE COGHILL  asked:  If the standard  is probable cause                                                              
at the 48-hour  hearing, are they going to determine  whether that                                                              
is a child in need of assistance?                                                                                               
                                                                                                                                
MS. STEWART  said that is  a second proceeding  and an  issue that                                                              
relates directly to the child's placement.                                                                                      
                                                                                                                                
REPRESENTATIVE COGHILL asked if it  comes back to reasonable cause                                                              
for deciding the child's placement.                                                                                             
                                                                                                                                
MS. STEWART said reasonable cause  is the entry level criterion at                                                              
present.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  COGHILL asked if  that is the  point at  which the                                                              
parent is contacted.                                                                                                            
                                                                                                                                
MS. STEWART  said the  parent would  be contacted  at that  point,                                                              
depending on a whole panoply of circumstances.                                                                                  
                                                                                                                                
Number 2107                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  asked Ms. Stewart  if she has a  feeling for                                                              
how  many children  have been  finally adjudicated  as having  had                                                              
problems at  home that would not  have been brought in  if the bar                                                              
had been raised, as proposed here.                                                                                              
                                                                                                                                
MS. STEWART said  she has no feeling on that and  doesn't know how                                                              
even to go about getting statistics on that.                                                                                    
                                                                                                                                
REPRESENTATIVE BRICE said he has  never heard of runaways going to                                                              
the magistrate hearing.  He wondered  if all runaway pickups go to                                                              
the 48-hour hearing.                                                                                                            
                                                                                                                                
MS. STEWART  answered no.  An  individual assessment will  have to                                                              
be made.  Those  cases may not be heard about  because there isn't                                                              
always a 48-hour  hearing under the rubric of it  being a runaway.                                                              
There will be  a 48-hour hearing because the  information obtained                                                              
from the  runaway is this  is a child  who has been  physically or                                                              
sexually abused in the home.                                                                                                    
                                                                                                                                
CHAIRMAN  DYSON  turned  attention  to other  matters  before  the                                                              
committee [HB 402 was held over].                                                                                               
                                                                                                                                
HB 387 - FREEDOM OF RELIGION                                                                                                  
                                                                                                                                
CHAIRMAN DYSON  reopened the  hearing on HOUSE  BILL NO.  387, "An                                                              
Act prohibiting  governmental  entities, including  municipalities                                                              
and school  districts, from restricting  a person's  free exercise                                                              
of religion."                                                                                                                   
                                                                                                                                
Number 2272                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CROFT  apologized  for  how  heavy  on  the  legal                                                              
analysis this whole thing is, but  at its fundamental heart, it is                                                              
protection  of religious liberty.   It  brings in  a lot  of legal                                                              
history and ideas he wanted to go  over to briefly establish where                                                              
it is  today.  It  has been a longstanding  course of  respect for                                                              
religious freedom  that general respect was  specifically codified                                                              
in  constitutional interpretations  in  the late  1960s and  early                                                              
1970s that  required that  a law of  general applicability,  a law                                                              
that wasn't targeted at religion.   The more important question is                                                              
when a  general law is  passed, not directed  at religion,  but in                                                              
its application  affects a religious practice, puts  a substantial                                                              
burden  in  the  phraseology  of  the court  what  should  be  the                                                              
decision.  There are really two poles there.                                                                                    
                                                                                                                                
REPRESENTATIVE  CROFT  said Justice  Scalia  would  argue and  did                                                              
eventually prevail  that general  law, since religion  isn't being                                                              
targeted,  no  exceptions   have  to  be  made.     So  under  his                                                              
interpretation,  in prohibition, there  had not been  an exception                                                              
for  the  use  of  sacramental  wine   on  Sundays  for  religious                                                              
practice,  if it  had just  said  alcohol was  prohibited in  this                                                              
country without  exception, and it  couldn't be shown that  it was                                                              
targeted at religion, prohibition  had many other purposes.  There                                                              
would be  no exception,  and police  could haul  away a  priest on                                                              
Sunday who served  wine.  That seems ridiculous  at least contrary                                                              
to  tradition  that that  could  happen.    It could  without  the                                                              
protection that  an exception  will be made  unless the  state can                                                              
show a compelling interest.                                                                                                     
                                                                                                                                
TAPE 00-29, SIDE B                                                                                                              
Number 2352                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CROFT  explained that  the  United States  Supreme                                                              
Court precedents in the 1960s and  1970s said even if a law wasn't                                                              
intended  to  affect religion,  if  that is  the  effect  of it  -                                                              
placing a  substantial burden  - then the  person is  excused from                                                              
compliance  with  that  law  unless  the  government  can  show  a                                                              
compelling state interest  and that this is the  least restrictive                                                              
way to do  it.  In other words,  the burden is reversed.   Once it                                                              
has  been shown  that  this puts  a  substantial  burden on  one's                                                              
religious practice,  that person  is exempt unless  the government                                                              
now has the burden of proof to show  that the law should be upheld                                                              
and applied  because it's a compelling  state interest.   That was                                                              
the law from the early 1970s.  He  mentioned the sponsor statement                                                              
and the Yoder case, which was in some ways the defining law.                                                                  
                                                                                                                                
REPRESENTATIVE CROFT  said that all changed in 1990  with the U.S.                                                              
Supreme  Court decision  of Smith  v.  Employment Division,  which                                                            
Pastor Story referred  to.  In it, Justice Scalia  - writing for a                                                              
divided court, 5-4 - said, quoting Justice O'Connor's dissent:                                                                  
                                                                                                                                
     The Court today ... interprets [the free exercise] clause to                                                               
     permit the government to prohibit, without justification,                                                                  
     conduct mandated by an individual's religious beliefs so                                                                   
     long as that prohibition is generally applicable.                                                                          
                                                                                                                                
REPRESENTATIVE CROFT paraphrased the sponsor statement, which                                                                   
read:                                                                                                                           
                                                                                                                                
     The Smith decision  met a storm of protest.   In 1993, a                                                                 
     broad  bipartisan majority  of both  houses of  Congress                                                                   
     passed  The Religious Freedom  Restoration Act  (federal                                                                   
     RFRA)  and the  bill was  signed into  law by  President                                                                   
     Clinton.     The  RFRA  attempted to  use  congressional                                                                   
     power to  restore the  "compelling state interest"  test                                                                   
     for religious freedom.                                                                                                     
                                                                                                                                
     In 1997, the United States Supreme  Court ruled that the                                                                   
     federal RFRA  statute was an unconstitutional  extension                                                                   
     of federal  power.  City of  Boerne v. Flores,  521 U.S.                                                                 
     507 (1997).   The Flores  decision effectively  left any                                                                 
     protection  of  religious  freedom   to  the  individual                                                                   
     states.    The Alaska  Supreme  Court  has  consistently                                                                   
     interpreted  the  free  exercise clause  of  the  Alaska                                                                   
     [State]  Constitution  to  require  a  compelling  state                                                                   
     interest analysis.                                                                                                         
                                                                                                                                
     There is no  present indication that the  Alaska Supreme                                                                   
     Court  intends  to follow  the  direction of  the  Smith                                                                   
     decision    in   interpreting    the   Alaska    [State]                                                                   
     Constitution.  However, a change  in the composition  of                                                                   
     the  court or  judicial philosophy  could  lead to  this                                                                   
     change in the future.                                                                                                      
                                                                                                                                
     House  Bill 387  ... will  provide statutory  protection                                                                   
     for  religious  freedom  in  Alaska  by  enshrining  the                                                                   
     compelling   state   interest   test  for   all   state,                                                                   
     municipal, and school district  actions.  House bill 387                                                                   
     is not intended  to create an establishment  of religion                                                                   
     or allow a  claim of religious freedom to  authorize the                                                                   
     infringement  of  the  rights  of  others.    It  simply                                                                   
     recognizes   that   Alaskans   value   their   religious                                                                   
     liberties  and are  willing to allow  an exception  from                                                                   
     generally applicable  laws for religious  freedom unless                                                                   
     the government shows a compelling state interest.                                                                          
                                                                                                                                
REPRESENTATIVE CROFT  explained to  the testifiers that  this bill                                                              
is an  increase in protection  for religious  freedom.  It  is not                                                              
something  that  is  intended  to  or  will  have  the  effect  of                                                              
decreasing religious protection.                                                                                                
                                                                                                                                
Number 2138                                                                                                                     
                                                                                                                                
CHAIRMAN  DYSON suspended  the hearing  on HB  387 temporarily  in                                                              
order  to hear  testimony from  an appointee  to the  Professional                                                              
Teaching Practices Commission.                                                                                                  
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                         
                                                                                                                                
Professional Teaching Practices Commission                                                                                    
                                                                                                                                
CHAIRMAN  DYSON   returned  the   committee's  attention   to  the                                                              
confirmation hearings.                                                                                                          
                                                                                                                                
Number 2117                                                                                                                     
                                                                                                                                
CHRISTINE  MILLER DART,  Appointee  to the  Professional  Teaching                                                              
Practices  Commission (PTPC),  testified  via teleconference  from                                                              
Fairbanks.   She was born  and raised in  Alaska and has  lived in                                                              
Alaska all  her life except  for college.   She has been  a speech                                                              
therapist  for the  Fairbanks North  Star School  District for  21                                                              
years.  This will  be her second term on the PTPC.   She was first                                                              
appointed in  1996-1997, she is beginning  her fourth year  and is                                                              
the secretary for  the PTPC.  It is an invaluable  commission, and                                                              
she would  like to  continue serving  on it.   She said  she feels                                                              
very  responsible  for  the  profession  and  for  monitoring  the                                                              
profession to see that there are  good quality teachers who follow                                                              
a very strong code of professional ethics.                                                                                      
                                                                                                                                
CHAIRMAN DYSON asked Ms. Miller Dart  what some of the issues were                                                              
that have come before the PTPC during her tenure.                                                                               
                                                                                                                                
MS. MILLER  DART noted her  first year  was hard because  the PTPC                                                              
dealt with several  issues of sexual misconduct  between educators                                                              
and children.   The decisions were  easy to make but  listening to                                                              
the issues was tough.   Since then there have been  fewer of those                                                              
cases.  A  more recent issue has  to do with the  upcoming teacher                                                              
shortage  which  has included  people  breaking  contracts in  the                                                              
middle  of the  year.   Often the  teachers  have good  mitigating                                                              
circumstances, family and health  issues, but because the teachers                                                              
are difficult  to replace,  the districts  are often unwilling  to                                                              
let them  go.   The PTPC  has to deal  with the  issue of  what is                                                              
appropriate   notice   and   what   are   appropriate   mitigating                                                              
circumstances   to  leave   contracts.     Other  issues   include                                                              
monitoring  the  process  of certifying  teachers  in  the  state;                                                              
monitoring some newer  issues brought about by  teachers having to                                                              
mark whether they have misdemeanors  in the past; harassment and a                                                              
superintendent's misuse of funds.                                                                                               
                                                                                                                                
CHAIRMAN DYSON  asked Ms. Miller Dart  if the PTPC has  dealt with                                                              
any cases of  teachers inappropriately disciplined  when a teacher                                                              
was  doing  the right  thing  but  the district  or  school  board                                                              
disciplined  him/her or  showed prejudice  or retribution  against                                                              
him/her.                                                                                                                        
                                                                                                                                
MS. MILLER DART said that doesn't  come to mind right away.  There                                                              
have been  some claims that  that has happened.   The PTPC  has an                                                              
excellent director  who does  most of  the investigation  and then                                                              
presents the case to the members of the commission.                                                                             
                                                                                                                                
CHAIRMAN DYSON  asked Ms. Miller Dart  if the purview of  the PTPC                                                              
extends to all credentialed educators.                                                                                          
                                                                                                                                
MS.  MILLER  DART  answered  it   does  include  all  credentialed                                                              
educators.    She  explained  there are  educators  that  are  not                                                              
credentialed such as those in the university system.                                                                            
                                                                                                                                
[The  confirmation  hearings  again  were suspended  in  order  to                                                              
return to legislation before the committee.]                                                                                    
                                                                                                                                
HB 387 - FREEDOM OF RELIGION                                                                                                  
                                                                                                                                
Number 1875                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON  returned attention  to the  hearing on  HOUSE BILL                                                              
NO.  387, "An  Act  prohibiting governmental  entities,  including                                                              
municipalities and  school districts, from restricting  a person's                                                              
free exercise of religion."                                                                                                     
                                                                                                                                
Number 1861                                                                                                                     
                                                                                                                                
RICHARD BLOCK, Christian Science  Committee on the Publication for                                                              
the State of Alaska, testified via  teleconference from Anchorage.                                                              
He has been asked  by the Christian Science churches  in Alaska to                                                              
keep  an eye  on how  the practice  of Christian  Science and  the                                                              
church  and its  activities are  viewed  by the  public, and  that                                                              
includes overviewing  legislative activity  that would  affect the                                                              
practice of  Christian Science by  those who follows  its beliefs.                                                              
He expressed support of HB 387 and  urged its adoption.  He didn't                                                              
have  a   copy  of  the   CS,  but  from  Representative   Croft's                                                              
explanation of the changes, he supports the CS.                                                                                 
                                                                                                                                
Number 1673                                                                                                                     
                                                                                                                                
CHRIS  SOEBROTO  testified  via  teleconference  from  Tok.    She                                                              
expressed support for the protection  of religious freedom and the                                                              
intention of HB  387.  However, the wording of this  bill does not                                                              
satisfy  her  because  it  does   not  clearly  define  compelling                                                              
governmental interest.   She urged  the committee to take  time to                                                              
clearly  define  this so  that  the  bill  can truly  fulfill  the                                                              
purpose  originally  intended  to  protect  religious  freedom  in                                                              
choosing methods  of education and  medicine.  These are  at least                                                              
two areas that  are not clearly protected under  religious freedom                                                              
even though they are essential aspects of religious practice.                                                                   
                                                                                                                                
Number 1638                                                                                                                     
                                                                                                                                
JAMIE  NALEPINSKI  testified via  teleconference  from  Tok.   She                                                              
expressed agreement  with Ms.  Soebroto's testimony  and agreement                                                              
with  HB  387.    Furthermore,  when  things  such  as  compelling                                                              
government  issues  are  not  clearly  defined,  it  is  left  for                                                              
interpretation  by a judge.   She does  not want a  judge deciding                                                              
how she  chooses to  practice her  spirituality  or religion.   By                                                              
doing that, people give away their  personal power.  She urged the                                                              
committee  to   take  the  time   to  clearly  define   compelling                                                              
government issue.                                                                                                               
                                                                                                                                
Number 1595                                                                                                                     
                                                                                                                                
LYLE  AXELARRIS  testified  via   teleconference  from  Tok.    He                                                              
expressed support  for HB 387 along with the  previous testifiers.                                                              
He supports protection  for religious freedom, and he  wants to be                                                              
sure the bill  will work.  The  wording in the bill is  still very                                                              
vague and therefore  open to misinterpretation by the  courts.  To                                                              
rectify  this and safeguard  religious freedom,  he suggested  two                                                              
statements  that  should be  included  in  the  bill.   The  first                                                              
statement  comes  from the  Smith  case:   "Prohibiting  the  free                                                            
exercise of religion includes requiring  any individual to observe                                                              
a  generally  applicable  law  that   requires  (or  forbids)  the                                                              
performance  of  an act  that  his  religious belief  forbids  (or                                                              
requires)."  This  reference is from the majority  and in his copy                                                              
it  is on  page  7, and  he will  fax  it to  the  committee.   He                                                              
believes that the inclusion of this  statement will help to ensure                                                              
the correct  interpretation of this  bill, and the  constitutional                                                              
rights to freely exercise religion.                                                                                             
                                                                                                                                
MR. AXELARRIS noted  that the second statement  he believes should                                                              
be included in  HB 387 is a definition of  compelling governmental                                                              
issues  and a  definition of  religious  practices.   He read  the                                                              
statement he wrote:                                                                                                             
                                                                                                                                
     Compelling governmental interest  is when the government                                                                   
     finds that  the conduct of  an individual is  harmful to                                                                   
     another individual  or the community at large.   Conduct                                                                   
     that falls  under the  definition of religious  practice                                                                   
     as  is   stated  below  is  automatically   exempt  from                                                                   
     restriction   even   on  the   compelling   governmental                                                                   
     interest test.                                                                                                             
                                                                                                                                
     "Religious practices" as it  is applied according to the                                                                   
     Alaska  [State]  Constitution,  Article  I,  Section  4,                                                                   
     include but  are not limited  to 1) personal  expression                                                                   
     in  worship in  both life and  death; 2)  the choice  of                                                                   
     medicine and healing methods  or the refusal thereof; 3)                                                                   
     the  choice of education  style and  content for  adults                                                                   
     and  children;  4)  the  choice  of  dietary  practices,                                                                   
     including the  foods eaten or  not eaten, and  the foods                                                                   
     used  for   spiritual  practices  including   ceremonies                                                                   
     involving   around  one's   death  and   the  means   of                                                                   
     harvesting  such foods;  5)  the method  of raising  and                                                                   
     caring for the children under the form of worship.                                                                         
                                                                                                                                
Number 1413                                                                                                                     
                                                                                                                                
TABITHA  PARKER  testified  via  teleconference  from  Tok.    She                                                              
expressed support for the protection  of religious freedom and the                                                              
intention of HB  387.  However, she believes there  is a vagueness                                                              
in certain  areas which  are problematic  and need  clarification.                                                              
She would like  to know how the Alaska State  Constitution defines                                                              
compelling governmental  interests.  It was said  in the Community                                                              
and Regional Affairs  Committee meeting last week  that compelling                                                              
governmental interest  is the highest standard.  If  this is true,                                                              
she wondered  why has this not  been defined clearly in  the bill.                                                              
Furthermore,  her  understanding  of the  compelling  governmental                                                              
interest test is it is more of an  interpretation or judgment made                                                              
by a judge or group of judges that  clearly defined objective form                                                              
of evaluation.                                                                                                                  
                                                                                                                                
MS. PARKER  wondered how one's  religious rights can  be protected                                                              
when -  as in  the 1990 Employment  Division v.  Smith case  - the                                                            
interpretation of the  law is decided on by a  subjective judicial                                                              
system  which   may  have  absolutely  no  understanding   of  the                                                              
underlying beliefs  of the religion  judged.  This  is problematic                                                              
and has  been throughout  history.   She asked  how does  one know                                                              
that  "compelling governmental  interest"  won't  be used  against                                                              
religious  practices.    If compelling  governmental  interest  is                                                              
determined by the court, then what  stops the judge from declaring                                                              
that  it is  a compelling  governmental interest  for example,  to                                                              
restrict the use of alcohol even  in religious uses, or to mandate                                                              
vaccinations  even if that  seems to   fundamentally offend  one's                                                              
religious belief.  It seems that  compelling governmental interest                                                              
can  override  religious  freedom  at  the  whim  of  the  court's                                                              
position.   She would like  the vagueness of  the bill to  be more                                                              
clearly defined to ensure that freedom of religion is protected.                                                                
                                                                                                                                
Number 1322                                                                                                                     
                                                                                                                                
MICHAEL  REILLY  testified  via   teleconference  from  Tok.    He                                                              
expressed his support for HB 387  and its intention.  He asked the                                                              
following  questions:   If the bill  becomes law  and a  religious                                                              
freedom case  goes to the U.S.  Supreme Court, would  Alaska's law                                                              
prevent the U.S.  Supreme Court from ruling against  the religious                                                              
practitioner?   Would compelling  governmental interest  as stated                                                              
in HB 387 definitely apply to all  laws in all situations?  In the                                                              
Employment Division  v. Smith case  (1990) the Supreme  Court said                                                            
that  the  compelling  governmental  interest does  not  apply  to                                                              
across the  board criminal laws.   Would HB 387 guarantee  that it                                                              
does apply  to all generally  applicable laws?   Does it  apply to                                                              
civil laws  and what would prevent  the Alaska Supreme  Court from                                                              
doing the same  thing that the U.S.  Supreme Court case  did if HB
387 in  enacted?   Furthermore, could  HB 387  be challenged  five                                                              
years   down  the   road   and  the   court   throw   it  out   as                                                              
unconstitutional?                                                                                                               
                                                                                                                                
Number 1245                                                                                                                     
                                                                                                                                
AMY JO RIST testified via teleconference  from Tok.  She expressed                                                              
support of the  protection of religious freedom  and the intention                                                              
of  HB 387.    She agreed  with  previous testimony  that  further                                                              
clarification   is   needed  regarding   compelling   governmental                                                              
interest.     She   wondered  why   the   state  legislature   and                                                              
corporations  are   not  covered  along  with   school  districts,                                                              
municipalities and state agencies in the bill.                                                                                  
                                                                                                                                
MR. AXELARRIS said  he would be interested in  hearing the answers                                                              
to the questions raised.                                                                                                        
                                                                                                                                
CHAIRMAN  DYSON  suggested Mr.  Axelarris  contact  Representative                                                              
Croft.                                                                                                                          
                                                                                                                                
REPRESENTATIVE   CROFT  offered  to   call  the  Tok   Legislative                                                              
Information Office and talk to the people who testified.                                                                        
                                                                                                                                
Number 1131                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  made a motion  to move CSHB 387,  version 1-                                                              
LS461\G,  Kurtz,   3/7/00,  out   of  committee  with   individual                                                              
recommendations  and  attached  fiscal  notes.    There  being  no                                                              
objection, CSHB  387(HES) moved from  the House Health,  Education                                                              
and Social Services Standing Committee.                                                                                         
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                         
                                                                                                                                
Professional Teaching Practices Commission                                                                                    
                                                                                                                                
CHAIRMAN  DYSON   returned  the   committee's  attention   to  the                                                              
confirmation hearings.                                                                                                          
                                                                                                                                
Number 1046                                                                                                                     
                                                                                                                                
LAWRENCE  LEE OLDAKER,  Appointee  for the  Professional  Teaching                                                              
Practices  Commission  (PTPC),  came   forward  to  testify.    He                                                              
explained that  he is  a professor emeritus  at the University  of                                                              
Alaska Southeast.   He has  been invited to  be a nominee  for the                                                              
higher education  position on  the PTPC.   This will be  his first                                                              
time serving.                                                                                                                   
                                                                                                                                
CHAIRMAN DYSON asked Mr. Oldaker why he wants to serve.                                                                         
                                                                                                                                
Number 0996                                                                                                                     
                                                                                                                                
MR.  OLDAKER  said he  has  always had  a  sense of  fairness  and                                                              
equity. He was a teacher for three  years and a superintendent for                                                              
nine years.   He was  involved in the  desegregation days  and can                                                              
reflect on them more pleasantly with  the passage of time.  At the                                                              
time  he  was  dealing  with  issues  related  to  equity,  school                                                              
admission  and  school  policies.    Later  he  went  into  higher                                                              
education at  Valdosta State College  to help create  a leadership                                                              
program;  then  he  was  recruited to  the  University  of  Alaska                                                              
Southeast to do the same thing.   During this time he picked up an                                                              
academic interest in law and ethics  and has taught the course for                                                              
30  years.   He  has conducted  research,  made presentations  and                                                              
publications on that subject.                                                                                                   
                                                                                                                                
Number 0875                                                                                                                     
                                                                                                                                
LINDA CONNELLY, Appointee for the  Professional Teaching Practices                                                              
Commission (PTPC), testified via  teleconference from Palmer.  She                                                              
explained she  has been an  educator for over  25 years both  as a                                                              
teacher and  an administrator for  the last 12  years.  This  is a                                                              
reappointment  for  her  to the  PTPC  for  a  second term.    She                                                              
currently is the chair of the PTPC.   She finds it fascinating and                                                              
is interested in the profession and  upholding professionalism and                                                              
overall  ethics  of all  educators.    She  served on  the  Alaska                                                              
Association of Elementary School  Principals for approximately ten                                                              
years and has  become more involved in state activities.   She has                                                              
become interested in just serving  the profession.  She added that                                                              
she has been principal at both small and large schools.                                                                         
                                                                                                                                
[End of confirmation hearings; all confirmations were advanced.]                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Health, Education and Social Services Standing Committee meeting                                                                
was adjourned at 5:35 p.m.                                                                                                      
                                                                                                                                

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