03/30/2004 03:06 PM House HES
| Audio | Topic |
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+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES
STANDING COMMITTEE
March 30, 2004
3:06 p.m.
MEMBERS PRESENT
Representative Peggy Wilson, Chair
Representative Carl Gatto, Vice Chair
Representative John Coghill
Representative Paul Seaton
Representative Kelly Wolf
Representative Sharon Cissna
Representative Mary Kapsner
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 338
"An Act relating to attendance at public school; and providing
for an effective date."
- MOVED CSHB 338(HES) OUT OF COMMITTEE
SENATE BILL NO. 288
"An Act relating to certain determinations concerning placement
of a child in emergency custody and temporary placement hearings
in child-in-need-of-aid proceedings; and providing for an
effective date."
- MOVED SB 288 OUT OF COMMITTEE
SENATE BILL NO. 269
"An Act relating to access to the library records of a child by
a parent or guardian."
- MOVED SB 269 OUT OF COMMITTEE
SENATE CONCURRENT RESOLUTION NO. 19
Relating to the support of fisheries education, training, and
research and encouraging collaborative efforts between the
state, the University of Alaska, and other educational
institutions to provide fisheries education programs.
- MOVED SCR 19 OUT OF COMMITTEE
HOUSE BILL NO. 239
"An Act directing the Department of Public Safety to establish
an Internet-based identification and tracking system relating to
controlled substances that are prescribed for human use; and
relating to the manner in which prescriptions for controlled
substances may be filled by a pharmacist."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 338
SHORT TITLE: ENTRY INTO SCHOOL
SPONSOR(S): REPRESENTATIVE(S) MCGUIRE
01/12/04 (H) PREFILE RELEASED 1/2/04
01/12/04 (H) READ THE FIRST TIME - REFERRALS
01/12/04 (H) EDU, HES
02/17/04 (H) EDU AT 11:00 AM CAPITOL 124
02/17/04 (H) Moved CSHB 338(EDU) Out of Committee
02/17/04 (H) MINUTE(EDU)
02/18/04 (H) EDU RPT 6DP 1NR
02/18/04 (H) DP: WILSON, OGG, SEATON, GARA, KAPSNER,
02/18/04 (H) GATTO; NR: WOLF
02/18/04 (H) FIN REFERRAL ADDED AFTER HES
02/24/04 (H) CORRECTED RPT CS(EDU) 3DP 1NR
02/24/04 (H) DP: WILSON, KAPSNER, GATTO; NR: WOLF
03/02/04 (H) HES AT 3:00 PM CAPITOL 106
03/02/04 (H) Scheduled But Not Heard
03/25/04 (H) HES AT 3:00 PM CAPITOL 106
03/25/04 (H) Heard & Held
03/25/04 (H) MINUTE(HES)
03/30/04 (H) HES AT 3:00 PM CAPITOL 106
BILL: SB 288
SHORT TITLE: TEMPORARY CHILD CUSTODY HRNGS/PLACEMENT
SPONSOR(S): SENATOR(S) GREEN
02/02/04 (S) READ THE FIRST TIME - REFERRALS
02/02/04 (S) HES, JUD
02/09/04 (S) HES AT 1:30 PM BUTROVICH 205
02/09/04 (S) Moved CSSB 288(HES) Out of Committee
02/09/04 (S) MINUTE(HES)
02/11/04 (S) HES RPT CS 3DP SAME TITLE
02/11/04 (S) DP: DYSON, GREEN, WILKEN
02/11/04 (S) FIN REFERRAL ADDED AFTER JUD
02/18/04 (S) JUD AT 8:00 AM BUTROVICH 205
02/18/04 (S) Heard & Held
02/18/04 (S) MINUTE(JUD)
02/23/04 (S) JUD AT 8:00 AM BUTROVICH 205
02/23/04 (S) -- Meeting Canceled --
03/01/04 (S) JUD RPT CS 2DP 2NR NEW TITLE
03/01/04 (S) DP: SEEKINS, OGAN; NR: THERRIAULT,
03/01/04 (S) ELLIS
03/01/04 (S) JUD AT 8:00 AM BUTROVICH 205
03/01/04 (S) Moved CSSB 288(JUD) Out of Committee
03/01/04 (S) MINUTE(JUD)
03/09/04 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/09/04 (S) Moved CSSB 288(JUD) Out of Committee
03/09/04 (S) MINUTE(FIN)
03/10/04 (S) FIN RPT CS(JUD) 5DP 2NR
03/10/04 (S) DP: GREEN, WILKEN, DYSON, BUNDE,
03/10/04 (S) STEVENS B; NR: HOFFMAN, OLSON
03/15/04 (S) TRANSMITTED TO (H)
03/15/04 (S) VERSION: CSSB 288(JUD)
03/16/04 (H) READ THE FIRST TIME - REFERRALS
03/16/04 (H) HES, JUD, FIN
03/30/04 (H) HES AT 3:00 PM CAPITOL 106
BILL: SB 269
SHORT TITLE: PARENT ACCESS TO CHILD'S LIBRARY RECORDS
SPONSOR(S): SENATOR(S) GREEN
01/16/04 (S) READ THE FIRST TIME - REFERRALS
01/16/04 (S) CRA, HES
02/11/04 (S) CRA AT 1:30 PM FAHRENKAMP 203
02/11/04 (S) Heard & Held
02/11/04 (S) MINUTE(CRA)
02/18/04 (S) CRA AT 1:30 PM FAHRENKAMP 203
02/18/04 (S) Moved CSSB 269(CRA) Out of Committee
02/18/04 (S) MINUTE(CRA)
02/19/04 (S) CRA RPT CS 2DP 1DNP 2AM NEW TITLE
02/19/04 (S) DP: STEDMAN, WAGONER; DNP: ELTON
02/19/04 (S) AMEND: LINCOLN, STEVENS G
02/20/04 (S) HES AT 1:30 PM BUTROVICH 205
02/20/04 (S) -- Meeting Canceled --
02/23/04 (S) HES AT 2:30 PM BUTROVICH 205
02/23/04 (S) Moved CSSB 269(CRA) Out of Committee
02/23/04 (S) MINUTE(HES)
02/25/04 (S) HES RPT CS(CRA) 2DP 1NR
02/25/04 (S) DP: GREEN, WILKEN; NR: GUESS
03/03/04 (S) TRANSMITTED TO (H)
03/03/04 (S) VERSION: CSSB 269(CRA)
03/04/04 (H) READ THE FIRST TIME - REFERRALS
03/04/04 (H) HES, JUD
03/30/04 (H) HES AT 3:00 PM CAPITOL 106
BILL: SCR 19
SHORT TITLE: SUPPORTING FISHERIES EDUCATION
SPONSOR(S): SENATOR(S) STEVENS G BY REQUEST OF SALMON INDUSTRY
TASK FORCE
01/23/04 (S) READ THE FIRST TIME - REFERRALS
01/23/04 (S) HES
02/25/04 (S) HES AT 1:30 PM BUTROVICH 205
02/25/04 (S) Moved SCR 19 Out of Committee
02/25/04 (S) MINUTE(HES)
02/27/04 (S) HES RPT 2DP 2NR
02/27/04 (S) DP: DYSON, WILKEN; NR: GUESS, GREEN
03/03/04 (S) TRANSMITTED TO (H)
03/03/04 (S) VERSION: SCR 19
03/04/04 (H) READ THE FIRST TIME - REFERRALS
03/04/04 (H) FSH, HES
03/15/04 (H) FSH RPT 4DP 1NR
03/15/04 (H) DP: OGG, WILSON, SAMUELS, SEATON;
03/15/04 (H) NR: GUTTENBERG
03/15/04 (H) FSH AT 9:00 AM CAPITOL 124
03/15/04 (H) Moved Out of Committee
03/15/04 (H) MINUTE(FSH)
03/30/04 (H) HES AT 3:00 PM CAPITOL 106
WITNESS REGISTER
RYAN MAKINSTER, Staff
to Representative Lesil McGuire
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified on behalf of Representative
McGuire, sponsor of HB 338, and answered questions from the
committee.
SENATOR LYDA GREEN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 288 and SB 269, testified on
the SB 288 and SB 269, and answered questions from the
committee.
JACQUELINE TUPOU, Staff
to Senator Lyda Green
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified on SB 288 and SB 269, and
answered questions from the committee.
JOANNE GIBBENS, Program Administrator
Office of Children's Services
Department of Health and Social Services
Juneau, Alaska
POSITION STATEMENT: Testified on SB 288 and answered questions
from the members.
MARC ANTRIM, Commissioner
Office of the Commissioner
Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 269.
DIANE KELLER, Mayor
City of Wasilla
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 269.
ANDREE McCLEOD
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 269.
ARTHUR WEEKS, Director
Anchorage Municipal Libraries
Municipality of Anchorage
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 269 and
answered questions from the members.
KAY JABUSCH, Public Librarian
Irene Ingle Public Library
Wrangell, Alaska
POSITION STATEMENT: Testified on SB 269.
JUDITH ANGLIN, Library Director
Ketchikan Public Library
Ketchikan, Alaska
POSITION STATEMENT: Testified on SB 269 and answered questions
from the members.
JUNE PINNELL-STEPHENS, Past President and Board Member
Alaska Civil Liberties Union (AKCLU)
Fairbanks, Alaska
POSITION STATEMENT: Testified on AKCLU's behalf on SB 269 and
answered questions from the committee.
CHRISTINE O'CONNOR, Librarian
Dillingham Public Library
Dillingham, Alaska
POSITION STATEMENT: Testified on SB 269 and answered questions
from the members.
BARBARA BERG, Director
Juneau Public Library
Juneau, Alaska
POSITION STATEMENT: Testified on SB 269 and answered questions
from the committee.
CHERYL SUTTON, Staff
to the Joint Legislative Salmon Industry Task Force
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified on behalf of Senator Gary
Stevens, sponsor of SCR 19.
ACTION NARRATIVE
TAPE 04-24, SIDE A
Number 0001
CHAIR PEGGY WILSON called the House Health, Education and Social
Services Standing Committee meeting to order at 3:06 p.m.
Representatives Wilson, Wolf, Coghill, and Seaton were present
at the call to order. Representatives Gatto, Cissna, and
Kapsner arrived as the meeting was in progress.
HB 338-ENTRY INTO SCHOOL
Number 0050
CHAIR WILSON announced that the first order of business would be
HOUSE BILL NO. 338, "An Act relating to attendance at public
school; and providing for an effective date."
Number 0153
REPRESENTATIVE COGHILL commented that he will not object to the
bill moving out of committee; however, he told the members that
he does not see the necessity of it since the administrative
authority in school districts can make a determination already.
CHAIR WILSON said that there are probably a couple of districts
where this change would be very meaningful, such as districts
where there are a high number of people who are in the military.
REPRESENTATIVE COGHILL agreed with Chair Wilson's point, adding
that he represents residents of Fort Wainwright.
Number 0278
CHAIR WILSON announce that Representative Cissna has joined the
meeting.
Number 0288
REPRESENTATIVE WOLF pointed out that this issue could come back
to the legislature again requesting that the date be rolled back
to September 15, September 30, or October 15.
REPRESENTATIVE COGHILL replied that he talked with Eddie Jeans
on that very issue. Mr. Jeans [Finance Manager, School Finance
and Facilities Section, Department of Education and Early
Development] explained to him that the school year starts on
July 1 and ends on June 30.
Number 0354
RYAN MAKINSTER, Staff to Representative Lesil McGuire, Alaska
State Legislature, testified on behalf of Representative
McGuire, sponsor of HB 338, and answered questions from the
committee. He told the members that he spoke with the
Anchorage, Fairbanks, and Juneau school districts regarding the
movement of the early entry date to whatever was actually
established as the first day of school. The districts agreed
that it would be better to have a concrete date rather than a
rolling one. He summarized that it was the districts' wishes to
have one established date.
Number 0396
REPRESENTATIVE COGHILL moved to report CSHB 338, Version S, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
338(HES) was reported out of the House Health, Education and
Social Services Standing Committee.
SB 288-TEMPORARY CHILD CUSTODY HRNGS/PLACEMENT
Number 0440
CHAIR WILSON announced that the next order of business would be
SENATE BILL NO. 288, "An Act relating to certain determinations
concerning placement of a child in emergency custody and
temporary placement hearings in child-in-need-of-aid
proceedings; and providing for an effective date."
Number 0457
SENATOR LYDA GREEN, Alaska State Legislature, sponsor of SB 288,
testified on the SB 288 and answered questions from the
committee. She explained that SB 288 defines language that a
judge must use at a hearing when a child is being assessed or is
being determined as a child-in-need-of-aid. This bill says that
the judge must use the phrase "contrary to the welfare of the
child", she stated. Senator Green emphasized that this bill has
nothing to do with the process used in making that
determination. This bill only refers to the language the judge
must use at the time the decision is made, she reiterated.
Senator Green pointed out that this has grave consequences for
the lifetime of the child in custody because without this
language federal funding will be denied until the child "ages-
out" of the system. It could be a loss of hundreds of thousands
of dollars over a child's lifetime. She stated that this
language must be in statute in order to properly capture those
funds.
CHAIR WILSON asked if this is a new requirement.
SENATOR GREEN responded that she does not know if this
requirement is new.
Number 0588
JACQUELINE TUPOU, Staff to Senator Lyda Green, Alaska State
Legislature, testified on SB 288 and answered questions from the
committee. She explained that all the state laws are in place
that dictate this process, this bill only conforms the language
that the judge must use to be in compliance with federal
requirements. Ms. Tupou told the members that this language
will ensure that the state will receive an estimated $500,000 in
federal [Title IV-E] funds in FY05 with the passage of this
legislation.
Number 0637
REPRESENTATIVE WOLF referred to the last sentence in the sponsor
statement which reads as follows:
The Office of Children's Services estimates that
passage of this legislation will result in an increase
in federal Title IV-E receipts of $500,000 in fiscal
year 2005.
REPRESENTATATIVE WOLF commented that as a parent he finds this
sentence troubling. While he has no problem with the bill, he
stated he is really concerned when getting more money is linked
to kids [being removed from their homes].
SENATOR GREEN reiterated that nothing about this bill changes
the way the department or agency goes about making a
determination for children.
REPRESENTATIVE WOLF replied that he understands that. It is the
linking of receipts of money to the welfare of children that is
bothersome, he reiterated.
Number 0730
REPRESENTATIVE CISSNA agreed with Representative Wolf on that
point. She added that the state does not do everything it can
to provide services to families. Many times services which
would be helpful [in keeping families together] do not get to
the families who have slipped through the cracks of the system.
If the resources could be made available just before the judge
is ready to make a decision, that is the teachable moment for
the parents to change their lives, Representative Cissna said.
Budget cuts that effect kids are scary.
Number 0814
REPRESENTATIVE WOLF moved to report SB 288(JUD), Version V, out
of committee with individual recommendations and the
accompanying fiscal notes.
Number 0847
REPRESENTATIVE CISSNA objected. She said she would feel more
comfortable with this bill if the department would make more of
a commitment to keep kids in their homes and/or return them to
their homes.
Number 0907
JOANNE GIBBENS, Program Administrator, Office of Children's
Services, Department of Health and Social Services, testified on
SB 288 and answered questions from the members.
REPRESENTATIVE CISSNA noted that there is a shift from using
state general fund dollars to obtaining as much in federal funds
as possible. In making this change there is a certain amount of
risk because the federal government disallows a lot of the
billings sent to them through Medicaid. She said she has been
working for six years to get intensive family services in place
at that moment when the judge is about to determine that the
home is not safe. It is that moment many families can be
helped, but the state is not offering these services, she added.
The foster care system funding has been whittled away, so there
is little training there too, and that is where the children
will go.
MS. GIBBENS replied [what happens next] depends on the judge's
determination.
REPRESENTATIVE CISSNA said the money is an incentive to remove
the child, but the system is overwhelmed. The state is not
helping families keep their kids, or there would not be so many
kids in the system, she added. Money isn't going into the
foster care system either. Representative Cissna told the
members that she wants commitments from the department.
CHAIR WILSON commented that there are many changes taking place
in the system now. Next year may be a better time to make
demands because many of those changes will be in place. She
agreed with Representative Cissna on the funding issue and
offered to speak with members of the House Finance Committee on
that point.
Number 1136
REPRESENTATIVE SEATON asked for clarification on Representative
Cissna's question. He questioned whether she believes passing
this bill at this time, which would provide access to federal
funds, would then influence judges to pull more kids from their
families.
REPRESENTATIVE CISSNA replied that the incentive would not be
for the judge to make that determination; it would be an
incentive to the state and incentives matter. It is an
additional $500,000 that the state would receive.
Representative Cissna told the members that it has been known
for six years that intensive family services work.
CHAIR WILSON urged Representative Cissna to sponsor a bill to
implement intensive family services. She asked Ms. Gibbens to
respond to Representative Cissna's comments.
MS. GIBBENS responded that this bill requires that the judge
make a certain ruling at the first hearing that concerns the
placement of the child. She explained that part of the reason
this language is a requirement for Title IV-E funding is because
the federal government wants to ensure that the parent's rights
and the child's rights are protected. If the judge does not
make that ruling, then the child would be returned to his/her
home, she said. The federal government is very clear that the
judge has made that ruling before providing funds.
MS. GIBBENS pointed out that the Office of Children's Services
is undergoing a tremendous amount of change at the present time.
Keeping children in their own home and preventing removal is one
of the major areas of the program improvement plan, she said.
That is one of the reasons why the department has implemented
the new Family-to-Family Project. The number one priority is to
keep kids safe, and families together if at all possible, she
summarized. Ms. Gibbens told the members that she is very
comfortable making that commitment on behalf of the Office of
Children's Services.
CHAIR WILSON commented that next year she hope the House Health,
Education and Social Services Standing Committee would be
briefed on the progress the Office of Children's Services has
made in achieving these goals. She added that she hopes that
next year there will be additional funding to address [some of
the concerns Representative Cissna mentioned].
Number 1360
A roll call vote was taken. Representatives Wilson, Wolf,
Coghill, Seaton, and Gatto voted in favor of SB 288.
Representatives Cissna voted against it. Therefore, CSSB
288(JUD), version V, was reported out of the House Health,
Education and Social Services Standing Committee by a vote of 5-
1.
SB 269-PARENT ACCESS TO CHILD'S LIBRARY RECORDS
Number 1440
CHAIR WILSON announced that the next order of business would be
SENATE BILL NO. 269, "An Act relating to access to the library
records of a child by a parent or guardian."
Number 1464
SENATOR LYDA GREEN, Alaska State Legislature, as sponsor of SB
269 presented the bill and answered questions from the members.
She told the members that she introduced SB 269 after having
conversations with residents in her district who had received
telephone calls from the local library concerning their
children. One was to say that a book had arrived that the child
had on order. The parent asked for the name of the book and was
told that the name of the book could not be shared because that
was confidential information. The parent was also told that the
book could not be picked up with out the child present. In
another instance that telephone message was left that there were
books overdue and a fine was being imposed. In this case it
happened to be the mayor of Wasilla. When she called back to
get the names of the books so she could look for them, she was
informed that she could not have the names of the books her
eight or nine year old child had checked out. Senator Green
said that she was sure someone had misinterpreted what the law
says so her office began the quest to determine this
interpretation.
Number 1543
SENATOR GREEN explained that current law allows parents to
access children's library records at public school libraries,
but public libraries are not included in that language so there
is an assumption that the law does not include a public library.
The Federal Education Rights and Privacy Act (FERPA) requires
that parents do have the right to access all educational records
of their children in a public school. This bill brings Alaska's
statutes into conformity with FERPA which provides for parents
with children under the age of 18 years old to access those
records, she said. Senator Green pointed out that this bill
will make public library standards conform to school library
standards. She emphasized that she would not want to discourage
anyone from reading, or deny anyone the privacy of reading
whatever it is he/she may wish. It is her concern that parents
have the right to access what their children are reading. There
is a real inconvenience for parents to not have that access over
the telephone. Senator Green said she finds it a disagreeable
issue that a public library could have more information about a
child's records than a parent is entitled to. There has been a
great deal of supportive correspondence. She added that she
does not want to create a more difficult process for public
libraries and understands that there is a reason for privacy
protection on books that are checked out of the library. For
instance, she would not want to see a published list of books
and the people who checked them out.
Number 1760
MARC ANTRIM, Commissioner, Office of the Commissioner,
Department of Corrections, testified in support of SB 269. He
told the members that he is testifying today as the father of
Molly, his 18-year-old daughter who is a voracious reader. He
told the members that this bill has special significance to him
because it addresses the concern of parental control. There is
concern about movies and TV shows that children watch with
respect to sexual and violent content. Commissioner Antrim
pointed out that this bill will give rights back to parents to
monitor what children are reading. He pointed out that parents
are financially liable for the books their children take out,
but currently cannot know what those books are. At the other
end of the spectrum he said he wanted his daughter to read
everything that she could. He shared that at a very early age
his daughter received a library card, she would reserve a book
through their home computer, and he would receive a call when
the book was in. Then one time he went down to pickup a book
for her and he was advised that she had to be with me in order
to get the book. He told the members that he got into a heated
discussion and realized it was the library's policy and there
was no purpose in arguing about it. Later he called the
librarian and made an arrangement whereby a note was placed in
the computer to allow him to pickup his daughter's books. That
worked for a short while. At a certain point that even stopped.
By the age of 13 his daughter stopped using the public library
and she now uses Amazon.COM where she can buy used books.
Commissioner Antrim told the members that he thinks this is
wrong and is a result of unintended consequences of policies in
place now. He pointed out that Juneau's library is not near a
lot of neighborhoods and it was convenient for him to swing by
the library on the way home and pickup books. He urged the
members' support of SB 269.
Number 1923
REPRESENTATIVE GATTO commented if library books are private,
maybe grades should be private too. Most kids would vote for
that. The current right to privacy from parents on library
books that are checked out has gone beyond the point of being
reasonable, he added.
COMMISSIONER ANTRIM agreed that the current law does not make
sense.
Number 1970
DIANE KELLER, Mayor, City of Wasilla, testified in support of SB
269. She explained that when her son was young she got him his
own library card to teach him about responsibility. However,
there came a time when there were books that needed to be
returned and she wanted to find out what was checked out so they
could be returned. She was told that the information could not
be provided to her. Mayor Keller said she and her son searched
the house for any books that were clearly library books, but did
not get them all. The library then sent her a bill for overdue
books her son had checked out and listed every title that she
was refused to be given on the telephone prior to them being
overdue. There is an inconsistency in that she can't know what
the books are before they are overdue, yet she is held
responsible for them later.
MAYOR KELLER told the members that she has had numerous parents
complain to her on this same issue. She has encouraged them to
contact their legislature because it is a state issue, rather
than a local one. She told the members she supports the bill.
Number 2102
ANDREE McCLEOD testified in support of SB 269. She told the
members that she is the parent of a 21 year old and as far as
she is concerned he still does not have a right to privacy. She
said that she wants to thank Senator Green for taking on what
might appear to be an annoyance, but in all actuality points to
an acrimonious public policy that is adversarial to parents and
guardians of children under the age of 18. Ms. McCleod
commented that she is appalled at what prompted this legislation
and urged the members to support the SB 269.
Number 2212
ARTHUR WEEKS, Director, Anchorage Municipal Libraries, testified
in opposition to SB 269 and answered questions from the members.
He explained that he has been a librarian for the past 28 years
and is the father of two children, one who is now an adult. He
told the members that for all of those years he has protected
the rights of privacy of individuals who make reading a matter
of personal inquiry and who want to take themselves on a self-
directed individual educational path that is free from oversight
of the state or a parent. For example, a child may seek
information at the library to help them through a difficult
time, whether it be parental abuse, alcoholism, or other
conditions in which the child may not want parental oversight.
MR. WEEKS commented that the reason this bill was written is
that the parent asked what the child was reading. He said he
wonders why the parent didn't simply ask the child. Mr. Weeks
said that with open communication this bill should not be
necessary. He said that the mission between school libraries
and public libraries is very different. The mission of the
public libraries is to provide information and inspiration for
people to grow and develop. This bill would undermine that
mission, he added. He said he understands why parents want the
assistance of a librarian guiding and coaching children in what
their reading should be. At a young age a child should not be
at a library without their parent anyway, he said. When a child
reaches the teen years he/she should be able to explore with the
same kind of protection to privacy as that offered by a
psychologist or health care provider. Mr. Weeks told the
members that he strongly opposes this bill. It could have the
same results as the Patriot Act and the members could find that
there are unintended consequences of this legislation.
Number 2384
REPRESENTATIVE GATTO asked if Mr. Weeks is familiar with the
book titled "It is Only Natural."
MR. WEEKS said that he is not familiar with it and asked
Representative Gatto to review if for him.
REPRESENTATIVE GATTO said that it is a very controversial book
and has been asked to be removed from certain libraries. It
treats sexuality very factually and is full of photographs. He
said that it was available to children in elementary schools.
TAPE 04-24, SIDE B
REPRESENTATIVE GATTO told Mr. Weeks that this book actually told
students how to have sex. He asked him if he did not think that
it might be important for parents to know if their child was
checking out books such as this.
MR. WEEKS replied that he is from the school that if a child is
old enough to ask, then the child is old enough to get a
responsible answer. He commented that his child, who is about
11 years old, recently asked him about sex.
Number 2350
REPRESENTATIVE WOLF asked if Mr. Weeks wouldn't prefer that his
child ask him the question rather than go to the library for the
answers. He asked him if he didn't see this as a parent's
responsibility rather than some librarian who is a stranger.
MR. WEEKS said that he has observed that his child selects
reading matter at the level that he can understand what he is
reading and viewing. He said he is not worried that this would
bring harm to his child.
KAY JABUSCH, Public Librarian, Irene Ingle Public Library,
testified on SB 269. She told the members that she was born and
raised in Wrangell and has served as the public librarian for 22
years. Ms. Jabusch explained that her concern lies with the
fact that the library staff has no way to determine which parent
or guardian may have the legal right to request the information
about their child's library records. She pointed out that the
public library does not work under the same conditions as the
school library. There could be some liability to the staff
under the proposed law, Ms. Jabusch added. She summarized her
comments by saying that there has not been one instance where
the library staff has not been able to work with the parents and
the child with regard to the books that were borrowed from the
library. The existing rules work, she added.
Number 2235
JUDITH ANGLIN, Library Director, Ketchikan Public Library,
testified on SB 269 and answered questions from the members.
She said that she does have parents come into the library and
request information about the books their child has checked out.
It is explained to them that a permission note from the child
must be placed on the child's record saying it is okay for the
parents to see the child's records. Ms. Anglin told the members
that once that is done, it remains in place until the child
requests the permission note be removed. She emphasized that it
is not that difficult a situation to work around. Ms. Anglin
said that the point needs to be made that not all families are
fully functional and not all parents have their children's best
interest at heart. Sometimes children need protection from
their families. Ms. Anglin told the members that she agrees
with Kay Jaybusch's comments that this puts public librarians in
an untenable situation. She said she believes it is important
that young adults are free to seek information without their
parent's knowledge. This could create a difficult situation at
home, she added. In summary, she told the members that she does
not want to see librarians getting between parents and children.
Number 2148
REPRESENTATIVE GATTO asked if the current law doesn't create the
environment that puts the library staff between the parent and
the child, rather than avoiding it.
MS. ANGLIN replied that obviously she has a difference of
opinion. She commented that a parent can always ask their child
and the child can always ask their parent. Ms. Anglin said that
the librarian would prefer not to be making these judgment calls
about who is or is not authorized to get this information. It
would be better for the parent and child to work it out between
them.
REPRESENTATIVE GATTO asked Ms. Anglin if she does not see it as
a judgment call when denying the right for a parent to view
records. He asked which parent would have the right to view
their child's library records and which parent would loose the
right, if parents are not getting along.
MS. ANGLIN responded that there would be no way for a public
librarian to know that information. It is not possible for a
librarian to know which parent has custodial rights and which
one does not.
REPRESENTATIVE GATTO asked how it would make any difference
which parent had custodial rights. Why would one parent have
that right and not the other, he asked. Perhaps Ms. Anglin
believes that it is appropriate for her to determine which
parent has the right and which one does not, in spite of what
the noncustodial parent may want, he added.
MS. ANGLIN said that she does not want to comment because she
does not have the expertise to make that judgment.
Number 2072
REPRESENTATIVE CISSNA asked how often it is necessary to explain
to parents that they must get their child's permission.
MS. ANGLIN responded that it probably comes up about once a
month.
REPRESENTATIVE CISSNA asked how many people use the library.
MS. ANGLIN replied that the library lends about 200,000 items
per year.
Number 2010
JUNE PINNELL-STEPHENS, Past President and Board Member, Alaska
Civil Liberties Union (AKCLU), testified on AKCLU's behalf on SB
269 and answered questions from the committee. She told the
members that in addition to her work on the AKCLU she has also
been a public librarian for more than 30 years. Ms. Pinnell-
Stephens shared that she has served as the President of the
Alaska Library Association and the Pacific Northwest Library
Association. She stated that she does not support the change in
the confidentiality records in SB 269.
MS. PINNELL-STEPHENS explained that in most libraries before
children under a certain age can obtain their own library card
parents must sign a form agreeing to be responsible for their
children's use of the library. Even if this form were not
signed, parents are still responsible for their children's
actions whether or not the parent agrees with the child or not.
Ms. Pinnell-Stephens said that once a card has been issued
anyone can use it. She commented that parents can use their
child's card to check out items if they have forgotten their own
card or often because their cards are blocked because the parent
has overdue material.
MS. PINNELL-STEPHENS pointed out that with this bill all the
records could be divulged, possibly to a divorced spouse, who
may or may not have custody of a child, but would have a right
under this change to view the records. Libraries that do not
have the means or authority to unravel complicated family
relationships will be placed in the middle of a custody battle
or divorce, particularly when there is a disagreement in how to
raise their children, she added.
MS. PINNELL-STEPHENS explained that all libraries send out
notices on overdue materials which provides all the information
necessary for parents to track down the material and return it.
There may be fines to pay, but they are capped at a very modest
amount. Many libraries, such as the one where she works does
not charge fines at all, she added.
MS. PINNELL-STEPHENS said that she believes there are two
possible reasons for this bill. One is to help parents avoid
minor inconveniences in handling their children's transactions
at the library. Parents who are concerned about fines should
work with the local library to adjust fines or have them
eliminated, she added. Another way to address this problem is
to note the number of books that are checked out or designate a
special shelf at home for easy identification. Many states have
laws which allow a person to authorize release of his/her
records. Ms. Pinnell-Stephens said she would support this kind
of amendment to the bill. She commented that she heard Federal
Educational Records Privacy Act (FERPA) mentioned and explained
that this act does not apply to public libraries because public
libraries do not have students.
MS. PINNELL-STEPHENS offered another possible reason for this
bill is to help parents control the content of what their
children are reading. The right to privacy statute is
guaranteed in the state's constitution and one that is not
restricted by age. She suggested that a better way for parents
to handle this kind of problem is to use this as an opportunity
to discuss what their children are reading and to share their
values and provide guidance. She said that unfortunately for
many children they are trapped in grim family situations where
the library is the only source of information or solace.
Children may check out books about abuse to write a report for
school, but they may also be victims of abuse.
Number 1859
MS. PINNELL-STEPHENS summarized that there are less restrictive
ways to address the inconvenience to parents. She urged the
members to support the constitutional right to privacy.
Number 1840
CHAIR WILSON commented that she understands what Ms. Pinnell-
Stephens is saying about the right to privacy. If a child is
being abused, the child likely would not bring a book about that
subject home. She said that she is having a hard time
connecting the concern about taking away rights to privacy when
the child could just spend the time in the library, read the
book, and not even check it out.
MS. PINNELL-STEPHENS replied that the underlying principal is
that minors have the same constitutional rights as adults. She
said that the older a child is, the more likely the courts would
uphold the rights of a minor. There could be some very
substantial challenges on the right to privacy as well as the
right to receive information.
Number 1770
REPRESENTATIVE KAPSNER posed a hypothetical question about a
child who is a ward of the state and in foster care. She asked
who would sign off for the child [to have a library card].
MS. PINNELL-STEPHENS replied that she has no idea.
Number 1740
REPRESENTATIVE WILSON commented that she believes that
librarians are fearful of being held liable because information
was released to the wrong parent. She asked if Ms. Pinnell-
Stephens believes that if this bill passes, a librarian will be
held liable at some point.
MS. PINNELL-STEPHENS responded that it is possible that at some
point librarians will be drawn into a legal action because often
parents do not agree on how to raise their children. She
pointed to the U.S. Supreme Court case that was argued last week
where the "Under God" phrase in the pledge of allegiance was
discussed. In this case one parent took the case to the U.S.
Supreme Court, while the child and mother did not agree with the
father.
Number 1670
REPRESENTATIVE SEATON asked if she has any citations in Alaska
that would relate to the right of privacy, at what age, and
schools libraries vs. public libraries, that might apply to this
bill.
MS. PINNELL-STEPHENS replied that she does not have one for
Alaska or even the 9th Circuit Court of Appeals, but would be
happy to check into it and get the information back to the
committee if she finds something.
Number 1640
CHRISTINE O'CONNOR, Librarian, Dillingham Public Library,
testified on SB 269 and answered questions from the members.
She told the members that she believes this bill needs to be
amended to protect the teens who use the library.
Unfortunately, not all teens come from caring homes. In some
cases the parents are either indifferent or harmful to these
young adults. She explained that these are the teens she
believes will be harmed if this bill passes as it now reads.
Teens who lose the privacy of their library will be losing the
security of knowing that they can come to the library for safe
access to vital information. Ms. O'Connor told the members that
girls will come to her with a stack of books and as she is
checking them out, she will realize the books are about
pregnancy. While she knew these teens and their parents, each
time she was saddened to realize that these young girls were
developing an understanding for the situation they were in.
These girls almost always come from sad homes, where they have
virtually raised themselves because of neglect or abuse, she
added. In small towns a visit to the public health center does
not go unnoticed, she said. The library allows teens the
ability to get the information needed privately and then they
can make decisions with a little more information than they once
had. In summary, Ms. O'Connor urged the members to maintain the
privacy sanctuary and keep these at risk teens in mind when
hearing this bill.
Number 1550
REPRESENTATIVE GATTO asked if teens ever come to the library,
read, and not check out books.
MS. O'CONNOR said yes. A particular book called "A Woman's
Body" which is not explicit, but one which she often finds in
the back corner of the library. She said that she does not
agree with an earlier comment that kids that are at risk would
not check out a book on abuse and take it home. Many kids will
leave the book in their backpack or in their school locker. She
said she knows this because at the end of the school year the
school will return some of the books to the public library.
Number 1494
BARBARA BERG, Director, Juneau Public Library, testified on SB
269 and answered questions from the committee. She provided the
members with a copy of the Patron Right to Privacy procedures
used by the City and Borough of Juneau's public library. Ms.
Berg told the member that while she is very sympathetic to
parents' interest in being involved in their children's
education and reading, she said she believes the best way to
accomplish that is for parents to discuss with their children
what they are reading and learning in school. It is also
important to go to the library with them when they are young, so
that as they get older the parents can trust their judgments.
Number 1422
MS. BERG told the members that librarians are concerned not just
because they would be required to reveal the private reading
matter of children, but personal registration information is
also covered by this bill too. She pointed out that a librarian
does not know if the person requesting the information has any
right to that information. It could be the parent, legal
guardian, or some stranger off the street who is representing
themselves as a parent or guardian. She noted that these days
very seldom do children have the same last name as their
parents. There is no real way for a librarian to establish that
the adult requesting the information has any right to it without
requesting a birth certificate or passports.
MS. BERG said that she is concerned with young adults needing
sensitive information and being unwilling to engage in a
transaction in a public library to take that material out unless
they have an expectation of confidentiality.
Number 1340
MS. BERG referred to the Patron Right to Privacy policy and
discussed the way the library enables parents to see what the
children have checked out. The parent can instruct the child to
request a copy of the material checked out, the parent can
retain possession of the card, and the parent can do all the
checkout for the child on the child's card. Ms. Berg explained
that if a parent has the child's library card, it is assumed to
be permission to access library records and check books out for
the child. A signed note can also be used to pickup materials
for a child. She said that if someone comes in without the
library card or note, and the person is available by telephone
then their verbal agreement would allow books to be checked out
for the child. Ms. Berg told the members that it is the
library's position that once a notice of overdue books has gone
out, the right of privacy has been lost because the financial
responsibility has been transferred to the parent.
MS. BERG commented that this bill would extend to state
libraries as well. She said that 48 states disallow examination
of records by anyone other than the cardholder in academic and
state libraries. Also, in 41 states someone other than the
cardholder is disallow examination of records in public
libraries.
CHAIR WILSON clarified that whoever has possession of the card
has access to the records, even if the card is not in that
person's name.
MS. BERG told the members that in the Juneau library system the
interpretation of the confidentiality law provided to them by
the city attorney indicates that the contract is the card. If a
parent has the card in their possession there is the assumption
that the parent has been given permission to see what has been
checked out on that card, she said. This interpretation has not
been tested in a court of law, she added. Ms. Berg explained
that the library was also told on the advice of the city's legal
representation that when money is owed or items are overdue, the
parent may see what is on the record because they have a
financial responsibility.
CHAIR WILSON commented that before a child gets a library card
the parent must sign an agreement that they will assume
financial responsibility for whatever is checked out on the
card. So the parent can't know what was checked out; however,
if it is past due, then the library will tell the parent what is
overdue.
MS. BERG replied that is correct, because a financial
responsibility has been incurred at that point.
CHAIR WILSON asked if this breaks the privacy protection of the
child.
MS. BERG responded that it does not break the privacy protection
of the child according to the legal advice the libraries were
given by the city attorney. She commented that there is some
inconsistency in how this is applied. Ms. Berg said that a
previous speaker appreciated that a note could be attached to
the system, but unfortunately, the current system does not allow
notes to be attached. It is a software problem, she added.
CHAIR WILSON asked for clarification on her comment about 41
states.
MS. BERG replied that 41 states do not allow examination of
library records by anyone other than the cardholder.
Number 1046
REPRESENTATIVE CISSNA asked how often this becomes an issue.
MS. BERG responded that she could not say because she does not
work at the circulation desk. She commented that the only time
she hears about it is when someone is upset about it. Ms. Berg
did say that the example that was given today [by Commissioner
Antrim] is the only one she recalls since being named acting
director in May of last year. The policy is normally explained
to the parent when they sign their child up for a library card,
she added.
REPRESENTATIVE CISSNA asked how a child normally gets a library
card.
MS. BERG said the parent comes in with the child. If a child
comes in and asks for a card then a guardian card is given to
the child to take home for signature. The card is completed and
signed, and then brought back to the library where the child
will receive a library card, she explained.
Number 0923
REPRESENTATIVE GATTO pointed to page 1, lines 12 through 14
which reads:
(b) Records of a [PUBLIC ELEMENTARY OR SECONDARY SCHOOL] library
identifying a [MINOR] child under 18 years of age shall be made
available on request to a parent or guardian of that child.
MS. BERG responded that is correct. She noted that this relates
to a public elementary or secondary school library; it is not a
public library.
REPRESENTATIVE GATTO clarified that parents can get information
on books checked out from a school library at any time, but not
from a public library. He asked Ms. Berg if she believes that
is a distinction that is reasonable or beneficial.
MS. BERG replied that she does believe it is reasonable and
beneficial because the public library is an independent learning
environment. She said she believes it is especially essential
when children reach their teen years. At this point the teens
are using the library as adults to foster their own learning.
Number 0828
REPRESENTATIVE GATTO commented that there are a lot of TV adds
that ask parents how they know if their kids are on drugs, and
the response is that they ask their kids every day. He said
that is an add that is promoting parental involvement in the
activities of their children. He asked Ms. Berg if that is in
keeping with the situation where it is being said that parental
involvement is not wanted.
MS. BERG responded that is absolutely not what she is saying.
She clarified that she does want parental involvement but said
she does not believe parental involvement should occur by
putting a librarian between a child and his/her parents. She
said she believes parents should be talking with their children,
going to the library with them, and should be constantly engaged
in their lives. If a parent is caring and involved in a child's
upbringing the child does not become secretive.
Number 0734
SENATOR GREEN directed the members' attention to the list of
state's which specifically say that parents are allowed access
to school library records.
CHAIR WILSON asked how current the list is.
JACQUELINE TUPOU, Staff to Senator Lyda Green, Alaska State
Legislature, testified on SB 269 and answered questions from the
committee. She told the members that she obtained the
information from the National Conference of State Legislatures
(NCSL) about three months ago.
SENATOR GREEN continued to explain that in eight states it
specifically says parents have access to public library records,
14 states provide for students' library records to be private
and 23 states have no laws specifically addressing children, but
provide for public library records to be confidential. She told
the members that she did further research on the states that are
silent and do not address children's privacy rights. However,
whenever there has been a court process dealing with this issue
the courts have sided with the parents' rights to access of
their children's records with respect to public libraries.
CHAIR WILSON clarified that according to the NCSL 13 states
allow parental access, 14 states provided for records to be
private, and 23 state have no laws specifically addressing
children, but provide for public library records to be
confidential.
MS. TUPOU provided additional clarification that in the 23
states that do not have a specific law either way, although
library records are confidential there are four incidents of
case law that says that if it came right down to it the parents
have the right to the records and children do not have rights of
privacy for the library records. She commented that given this
case law it could be viewed that these states did not provide
for the children's records to be private.
REPRESENTATIVE SEATON pointed out that of the 13 states that
provide parental access, five of those states specifically say
access to school library records. In the case of those five
states the law would not apply to public library records, he
commented. He said that he believes under federal law all
states would have to allow access to library records for all
schools, so those five states are really just mirroring the
federal law. Representative Seaton noted that there are really
only eight states that allow for parental access to children's
public library records.
MS. TUPOU told the members that Representative Seaton is
referring to the Family Educational Rights and Privacy Act
(FERPA) which became law in 1974. In 2002 there was a U.S.
Supreme Court decision which said that the federal government
needs to be diligent about enforcing this law. As a result an
office called the Family Compliance Office was opened to
specifically ensure that parents have access to their children's
records, she explained. A state that is not in compliance will
lose all federal education funding. She suggested that as the
office looks at each state and its compliance, these issues will
be raised in other states as well.
SENATOR GREEN noted that this act refers to public school
records.
REPRESENTATIVE SEATON commented that the numbers are consistent.
SENATOR GREEN reiterated that there are 23 states where the law
could apply.
Number 0406
REPRESENTATIVE CISSNA pointed out that Alaska has some of the
strongest privacy laws in the nation. She shared that she
taught her daughter the right to privacy and dignity at an early
age. If her daughter received a library card at an early age,
Representative Cissna said she would have kept the library card
herself. Children who receive and keep library cards themselves
probably do not have the kind of parents who would be checking
what their children read, until it was necessary to pay a fine.
She said that she likes the idea of a parent asking their
children for permission because it is giving a child some power.
REPRESENTATIVE CISSNA asked if the age of 17 could be
reconsidered since children start to take on more
responsibility, go places, and do things on their own at a
younger age.
NUMBER 0202
SENATOR GREEN responded that she looked at the FERPA
requirements for consistency purposes and set the age at the
same level as that in federal statute. She pointed out that
parent's still have the financial responsibility for overdue or
lost books until the age of 18. Senator Green commented that
children do not have the right to enter into contracts, nor do
they have the right to give their parents permission to do these
things. That is a distinction that is being made here. She
told the committee that civil rights and rights to privacy are
subject to interpretation, particularly where parents have
rights and a responsibility for oversight. Senator Green stated
that this bill was not intended to become a civil rights issue.
It is to bring some degree of reason to daily life in raising
children. She reiterated the frustration felt by many parents
and the inflexibility of many libraries which has become a
problem. She noted that the Juneau model probably works very
well in Juneau; however, she told the members that no one should
have more information about someone's children than the parent
has.
TAPE 04-25, SIDE A
Number 0040
REPRESENTATIVE CISSNA responded that she understands what
Senator Green is saying and would normally agree with her, but
in this case the parent has signed a form or contract that says
their child has permission to check out items from the library.
She said it is her understanding that the rules which relate to
this are clearly delineated on the form.
SENATOR GREEN said that she believes that may only apply to the
Juneau Public Libraries.
REPRESENTATIVE CISSNA commented that she would like to know if
that is the case.
MS. TUPOU shared that Senator Green's office has talked to many
libraries across the state who have a variety of approaches to
this issue. She said that when the parents do sign the form
agreeing to be legally responsible for the books, what they are
really signing is that they are legally responsible for their
child's actions with respect to the items checked out of the
library. So what this legislation is saying is that parents
have access to what they are legally responsible for.
MS. TUPOU told the members that she has talked extensively with
Legislative Legal and Research Services about this issue. She
faxed Juneau public library's policy to them and their take is
that the way it is giving out information to parents is on very
soft legal ground and in some cases it is actually breaking the
law. She commented that it is unfortunate that this is turning
librarians into criminals for using common sense and providing
information to parents.
Number 0182
REPRESENTATIVE SEATON asked what criteria librarians use to
determine who the legal guardian is for a child.
SENATOR GREEN responded that it is being done the same way it is
done when the parent or guardian comes into the library with the
child to apply for a card. She said her issue is not with the
level of the reading material, but with the common sense
information a parent should be entitled to from the public
library. She pointed out that no parent would go to a library
and ask for an address or phone number for their child. She
commented that this really is about simplicity. In response to
Representative Kapsner's comment about children in foster care,
in this case the agency approved foster parent should be the
person who should have access to that information for that
child, she said.
Number 0369
REPRESENTATIVE SEATON commented that a lot of times it is the
devil in the details. There are a lot of parents who are
divorced and a non-custodial parent may want information that
the library is required to provide, including personal
information and the child's book list. This could make an
interesting case, he added. Representative Seaton asked what
would happen with emancipated minors.
SENATOR GREEN told the members that emancipated minors are
considered independent from parental control.
Number 0420
MS. TUPOU offered a point of clarification that Legislative
Legal and Research Services stated that a librarian who acts in
good faith would not be subject to litigation in a case where
information were provided to someone who is not the child's
parent or legal guardian.
CHAIR WILSON asked Ms. Tupou to expand on that point.
MS. TUPOU said that Legislative Legal and Research Services
advised her that when talking about the legal issues of
liability if something were to occur in which a librarian acted
in good faith during the normal course of his/her job the
librarian would not be subject to litigation.
CHAIR WILSON asked Ms. Tupou to provide a written legal opinion
from Legislative Legal and Research Services which could be
forwarded to the next committee of referral.
MS. TUPOU said she would do that.
REPRESENTATIVE SEATON told the members that he would like to
hear a discussion on the constitutionality of the privacy
provision by Legislative Legal and Research Services. He
commented that Alaska is quite different than other states in
that Alaskans' privacy is protected under its constitution.
Representative Seaton said that he would also like to know how
this relates to the University of Alaska and private nonprofit
organizations.
Number 0586
MS. TUPOU commented that Senator Green's office had received an
e-mail that there might be constitutional issues with respect to
privacy with this bill. She explained that in her discussions
with Legislative Legal and Research Services it was indicated
that under the constitution it is the legislature that sets
those policies with respect to privacy.
Number 0605
REPRESENTATIVE COGHILL read [Article I, Section 22] of the
Constitution of the State of Alaska as follows:
Right to Privacy. The right of the people to privacy is
recognized and shall not be infringed. The legislature shall
implement this section.
REPRESENTATIVE COGHILL commented that the legislature has done
this many times. The basis of this argument and the policy call
that the legislature is asked to make is if a parent is
responsible for the establishment of the library card and the
items that may be checked out on it, then do the parents have
the right to that information. He said he sides with the
parents right to have the information over a library official's
determination. Representative Coghill said he believes that
would stand up in any court.
CHAIR WILSON agreed with Representative Coghill. However, she
said that she wants to assure that librarians are not left in
the middle.
REPRESENTATIVE COGHILL said he appreciates and agrees with Chair
Wilson's concern for librarians. Once the librarian gives the
information to the parents, any argument is really between the
parent and the child, he added.
CHAIR WILSON stated that librarians should not concern
themselves as to whether the parent requesting the information
is the custodial parent or the visiting parent. This should not
be a problem. If it becomes one, the legislature could fix it,
she added.
Number 0767
REPRESENTATIVE CISSNA commented that if a parent goes to check
out a book a library card is necessary.
MS. TUPOU said that is not exactly correct. She explained that
in the example discussed earlier the books were checked out on-
line. In doing this the child's library card number was entered
into the computer electronically and the parent stopped by to
pick up the books later. She added that this may not be
possible at every library in the state, but some libraries do
offer this option.
REPRESENTATIVE CISSNA asked how many [libraries] can check out
books on-line.
MS.TUPOU responded that she does not know.
SENATOR GREEN commented that she assumes all the major
municipalities have this capability.
Number 0870
REPRESENTATIVE SEATON told the members that last session the
legislature passed [SCS CSHJR 22(Jud)] which was related to the
Patriot Act. On page two of that legislation it read as
follows:
FURTHER RESOLVED that, in the absence of reasonable
suspicion of criminal activity under Alaska State law,
may not
(1) initiate, participate in, or assist or cooperate
with an inquiry, investigation, surveillance, or
detention;
(2) record, file, or share intelligence information
concerning a person or organization, including library
lending and research records, book and video store
sales and rental records, medical records, financial
records, student records, and other personal data even
if authorized under the USA PATRIOT Act;
REPRESENTATIVE SEATON commented that at the time this resolution
unanimously passed both houses of the legislature there was
discussion that the members did not want records maintained,
such as library records, that could then be shared with the
federal government. He said he wants to make sure it is on the
record that this bill does not require any libraries to maintain
records beyond its normal policy and is consistent with [SCS
CSHJR 22(Jud)].
Number 0950
REPRESENTATIVE COGHILL agreed with Representative Seaton's
point. He commented that it is a stretch to connect these two
pieces of legislation. He stated that there is nothing in SB
269 which would require retention of library records.
Representative Coghill told the members that he was the co-
author of the resolution which came about as a result of
concerns for government intrusion, and this bill is about
parental involvement in their children's lives. These are two
entirely different issues, he added for the record.
MS. TUPOU agreed with the Representatives Seaton and Coghill and
reiterated that SB 269 has nothing to do with record retention.
She pointed out that the state archivist is the person who
oversees record retention and believes the policy is to retain
records for state libraries for three years. He also puts out a
suggested records retention schedule to each of the
municipalities, but each library decides its own policy, Ms.
Tupou explained.
Number 0999
REPRESENTATIVE COGHILL moved to report CSSB 269(CRA), 23-
LS1457\Q, out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, CSSB
269(CRA) was reported out of House Health, Education and Social
Services Standing Committee.
SCR 19-SUPPORTING FISHERIES EDUCATION
Number 1010
CHAIR WILSON announced that the final order of business would be
SENATE CONCURRENT RESOLUTION NO. 19, Relating to the support of
fisheries education, training, and research and encouraging
collaborative efforts between the state, the University of
Alaska, and other educational institutions to provide fisheries
education programs.
Number 1070
CHERYL SUTTON, Staff, Joint Legislative Salmon Industry Task
Force, Alaska State Legislature, testified on behalf of Senator
Gary Stevens, sponsor of SCR 19. She commented that Chair
Wilson and Representative Seaton have already heard this bill in
a previous committee and asked for their assistance in ensuring
that all pertinent information that she might omit, be provided
to the members. Ms. Sutton explained that the Legislative
Salmon Industry Task Force recommended this resolution because
of its belief in the importance of fisheries education,
training, and research as a long-term solution for revitalizing
the fishing and seafood industry. She added that currently
there are no educational institutions in the United States that
offer a seafood business degree. This resolution recommends
that education providers in the state collaborate to develop and
provide fisheries education programs in Alaska.
MS. SUTTON told the members that in the House Special Committee
on Fisheries Representative Ogg recognized that former
Representative Hermann was the moving force behind this effort.
She pointed out that there is a zero fiscal note and that SCR 19
unanimously passed the Alaska State Senate.
Number 1121
REPRESENTATIVE WOLF said that since no educational institutions
offer seafood business degrees, he asked if the University of
Alaska might develop an educational curriculum for industry
professionals such as roe inspectors.
MS. SUTTON replied that is precisely what SCR 19 would
encourage.
Number 1152
REPRESENTATIVE SEATON moved to report SCR 19 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, SCR 19 was reported out of the
House Health, Education and Social Services Standing Committee.
ADJOURNMENT
There being no further business before the committee, the House
Health, Education and Social Services Standing Committee meeting
was adjourned at 5:00 p.m.
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