Legislature(2007 - 2008)CAPITOL 106

04/10/2007 04:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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*+ HB 207 STUDENT QUESTIONNAIRES AND SURVEYS TELECONFERENCED
Heard & Held
*+ HB 215 TASK FORCE RE: COUNCIL ON DOM. VIOL. TELECONFERENCED
Moved CSHB 215(HES) Out of Committee
*+ HB 213 CRIMES AT DOMESTIC VIOLENCE SHELTERS TELECONFERENCED
Moved CSHB 213(HES) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
 HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE                                                               
                         April 10, 2007                                                                                         
                           4:03 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Peggy Wilson, Chair                                                                                              
Representative Bob Roses, Vice Chair                                                                                            
Representative Anna Fairclough                                                                                                  
Representative Mark Neuman                                                                                                      
Representative Paul Seaton                                                                                                      
Representative Sharon Cissna                                                                                                    
Representative Berta Gardner                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 207                                                                                                              
"An Act relating to questionnaires and surveys administered in                                                                  
the public schools."                                                                                                            
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 215                                                                                                              
"An Act relating to the establishment of a task force to review                                                                 
the Council on Domestic Violence and Sexual Assault."                                                                           
                                                                                                                                
     - MOVED CSHB 215(HES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
                                                                                                                                
HOUSE BILL NO. 213                                                                                                              
"An Act relating to an aggravating factor at sentencing for                                                                     
crimes committed at certain shelters and facilities."                                                                           
                                                                                                                                
     - MOVED CSHB 213(HES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 207                                                                                                                  
SHORT TITLE: STUDENT QUESTIONNAIRES AND SURVEYS                                                                                 
SPONSOR(s): REPRESENTATIVE(s) WILSON                                                                                            
                                                                                                                                
03/19/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/19/07       (H)       HES, JUD                                                                                               
04/03/07       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
04/03/07       (H)       Scheduled But Not Heard                                                                                
04/10/07       (H)       HES AT 4:00 PM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 215                                                                                                                  
SHORT TITLE: TASK FORCE RE: COUNCIL ON DOM. VIOL.                                                                               
SPONSOR(s): REPRESENTATIVE(s) FAIRCLOUGH                                                                                        
                                                                                                                                
03/21/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/21/07       (H)       HES, FIN                                                                                               
04/10/07       (H)       HES AT 4:00 PM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 213                                                                                                                  
SHORT TITLE: CRIMES AT DOMESTIC VIOLENCE SHELTERS                                                                               
SPONSOR(s): REPRESENTATIVE(s) DOLL                                                                                              
                                                                                                                                
03/21/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/21/07       (H)       HES, JUD                                                                                               
04/10/07       (H)       HES AT 4:00 PM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REBECCA ROONEY, Staff                                                                                                           
to Representative Peggy Wilson                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 207 on behalf of                                                                              
Representative Peggy Wilson, prime sponsor.                                                                                     
                                                                                                                                
JAY BUTLER, M.D., Director                                                                                                      
Central Office                                                                                                                  
Division of Public Health                                                                                                       
Department of Health and Social Services (DHSS)                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing on HB 207.                                                                    
                                                                                                                                
TAMMY GREEN                                                                                                                     
Chronic Disease                                                                                                                 
Division of Public Health                                                                                                       
Department of Health and Social Services (DHSS)                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing on HB 207.                                                                    
                                                                                                                                
GEORGE W. BROWN, M.D.                                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 207.                                                                            
                                                                                                                                
MATT FELIX, Director                                                                                                            
National Council on Alcoholism and Drug Dependence (NCADD)                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 207.                                                                            
                                                                                                                                
EMILY NENON, Alaska Government Relations Director                                                                               
American Cancer Society                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 207.                                                                            
                                                                                                                                
DICK LUTHER, Special Assistant                                                                                                  
Office of the Commissioner                                                                                                      
Department of Education and Early Development (EED)                                                                             
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions during the hearing on HB
207.                                                                                                                            
                                                                                                                                
CHRIS ASHENBRENNER, Interim Program Administrator                                                                               
Council on Domestic Violence and Sexual Assault (CDVSA)                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the hearing on HB 215.                                                                    
                                                                                                                                
PEGGY BROWN, Executive Director                                                                                                 
Alaska Network on Domestic Violence and Sexual Assault (ANDVSA)                                                                 
(No address provided)                                                                                                           
POSITION STATEMENT:  Testified in support of HB 215.                                                                            
                                                                                                                                
REPRESENTATIVE ANDREA DOLL                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HB 213, as prime sponsor.                                                                       
                                                                                                                                
RICK SVOBODNY, Deputy Attorney General                                                                                          
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During hearing of HB 213, answered                                                                         
questions.                                                                                                                      
                                                                                                                                
JERRY LUCKHAUPT, Attorney                                                                                                       
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During hearing of HB 213, answered                                                                         
questions.                                                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR PEGGY WILSON called the  House Health, Education and Social                                                             
Services  Standing  Committee meeting  to  order  at 4:03:12  PM.                                                             
Representatives  Wilson, Roses,  Fairclough,  Seaton, and  Cissna                                                               
were present  at the call  to order.  Representatives  Neuman and                                                               
Gardner arrived as the meeting was in progress.                                                                                 
                                                                                                                                
HB 207-STUDENT QUESTIONNAIRES AND SURVEYS                                                                                     
                                                                                                                                
The committee took an at-ease from 4:04 p.m. to 4:05 p.m.                                                                       
                                                                                                                                
4:05:29 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced that the  first order of business would be                                                               
HOUSE  BILL  NO. 207,  "An  Act  relating to  questionnaires  and                                                               
surveys administered in the public schools."                                                                                    
                                                                                                                                
4:05:36 PM                                                                                                                    
                                                                                                                                
REBECCA  ROONEY, Staff  to  Representative  Peggy Wilson,  Alaska                                                               
State Legislature,  presented HB 207 on  behalf of Representative                                                               
Wilson,  sponsor.   She paraphrased  from  the following  written                                                               
statement [original punctuation provided]:                                                                                      
                                                                                                                                
     HB  207 will  change the  parental consent  requirement                                                                    
     for surveys in schools from active to passive.                                                                             
                                                                                                                                
     Active parental consent  requires written permission to                                                                    
     participate in the survey.                                                                                                 
                                                                                                                                
     Active parental  consent overburdens the  school system                                                                    
     and  significantly  increases  the  costs  involved  in                                                                    
     conducting student surveys.                                                                                                
                                                                                                                                
     Research   and  experience   suggests  that   the  vast                                                                    
     majority  of parents  would consent  to their  students                                                                    
     participating in such surveys.                                                                                             
                                                                                                                                
     Many schools  are unable to  use the data  they collect                                                                    
     because there are not enough participants.                                                                                 
                                                                                                                                
     Most  of the  research  indicates  failures to  provide                                                                    
     written permission are driven  by apathy, oversight, or                                                                    
     student error, not by parent's refusal.                                                                                    
                                                                                                                                
     Passive  parental  consent  notifies  and  informs  the                                                                    
     parents  about the  nature of  the  surveys and  allows                                                                    
     parents to  refuse to allow their  child to participate                                                                    
     in the survey.                                                                                                             
                                                                                                                                
     School-based surveys  continue to be a  reliable method                                                                    
     for gathering valuable  population based information on                                                                    
     youth.    This  data helps  policy  makers,  educators,                                                                    
     program  planners,  and  parents to  better  understand                                                                    
     important health  and social  issues that  affect young                                                                    
     people's chances of success.                                                                                               
                                                                                                                                
     Routine standardized  surveys such as the  national and                                                                    
     state  Youth  Risk  Behavior Survey  (YRBS),  which  is                                                                    
     conducted  by the  Centers  for  Disease control  (CDC)                                                                    
     track  trends  over  time. They  also  help  guide  and                                                                    
     evaluate important health and prevention programs.                                                                         
                                                                                                                                
     State  and federal  grant programs  that rely  on these                                                                    
     surveys   include  tobacco   prevention  and   control,                                                                    
     obesity   prevention,  diabetes,   heart  disease   and                                                                    
     stroke, safe and drug free  schools and other substance                                                                    
     abuse prevention, injury  prevention including violence                                                                    
     and  suicide prevention,  HIV and  STD prevention,  and                                                                    
     more.                                                                                                                      
                                                                                                                                
     The  overall statewide  response rate  to YRBS  in 2005                                                                    
     was 55%, which did not  meet the required response rate                                                                    
     of  60%.   The  State was  unable to  use  the data  or                                                                    
     publish  a   report,  since  the  data   would  not  be                                                                    
     representative of the high school population.                                                                              
                                                                                                                                
     When we  don't get  the report we  lose the  ability to                                                                    
     have timely data,  track trends over time,  and are not                                                                    
     able  to compare  Alaska data  to national  data during                                                                    
     the same time period.                                                                                                      
                                                                                                                                
     One thing to note is  that notification of surveys, and                                                                    
     their content, will still be  sent to every parent of a                                                                    
     child that  is a  candidate participant in  the survey,                                                                    
     as we did before with active permission.                                                                                   
                                                                                                                                
     A parent will  have the option of  reviewing the survey                                                                    
     and  how   it  will   be  administered  before   it  is                                                                    
     administered.                                                                                                              
                                                                                                                                
     Any parent who doesn't want their child to participate                                                                     
     will have the option to opt-out.                                                                                           
                                                                                                                                
4:08:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  asked whether  the law  was previously                                                               
changed from requiring passive to active parental consent.                                                                      
                                                                                                                                
MS. ROONEY responded that the original law was changed in 1999.                                                                 
                                                                                                                                
4:09:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER   recalled  that  the   Anchorage  School                                                               
District has  lost grants  and federal funds  due to  the change.                                                               
She asked whether the sponsor  knows how much the active parental                                                               
consent requirement has cost the state.                                                                                         
                                                                                                                                
MS. ROONEY replied that in 2007  a $50,000 line item was approved                                                               
to  fund  contacts with  parents  to  inspire parents  to  return                                                               
consent forms; in  fact, additional costs will be  the subject of                                                               
subsequent testimony.                                                                                                           
                                                                                                                                
4:10:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  asked whether the Department  of Education                                                               
and Early  Development (EED) has  a policy or  standard regarding                                                               
parental notification of  surveys and controversial presentations                                                               
or classes.                                                                                                                     
                                                                                                                                
MS.  ROONEY  expressed her  belief  that,  currently by  statute,                                                               
active parental consent  is required to participate  in a survey,                                                               
whether anonymous  or voluntary.   She added  that there  will be                                                               
testimony from EED representatives.                                                                                             
                                                                                                                                
REPRESENTATIVE  NEUMAN questioned  whether  all school  districts                                                               
conform to the same policy.                                                                                                     
                                                                                                                                
CHAIR  WILSON  acknowledged  that   some  school  districts  have                                                               
slightly  different policies  in  that some  require one  blanket                                                               
permission slip during enrollment  while others obtain permission                                                               
for each occurrence.                                                                                                            
                                                                                                                                
4:12:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH observed  that  Anchorage schools  are                                                               
allowed to obtain a blanket  permission slip at registration, and                                                               
then to  give two week  notice prior  to the administration  of a                                                               
survey.    She  asked  for  confirmation that  HB  207  will  not                                                               
preclude this existing state law.                                                                                               
                                                                                                                                
MS. ROONEY deferred to EED representatives.                                                                                     
                                                                                                                                
4:13:36 PM                                                                                                                    
                                                                                                                                
JAY BUTLER,  M.D., Director, Central  Office, Division  of Public                                                               
Health,  Department   of  Health  and  Social   Services  (DHSS),                                                               
informed  the committee  that from  a public  health perspective,                                                               
YRBS  is  an  epidemiological  survey designed  by  the  CDC  and                                                               
administered by state and local  health agencies and schools each                                                               
year.  The survey is  conducted in approximately 45 states around                                                               
the   country,   and   Alaska  has   participated   since   1995.                                                               
Approximately 2,000  high school  students in  Alaska anonymously                                                               
answer  questions about  a number  of health-related  activities,                                                               
and  the  data  is  used  to develop  and  evaluate  programs  to                                                               
encourage a healthy lifestyle for  young adults.  For validity of                                                               
the survey,  Alaska is  required to meet  a   predefined response                                                               
rate  of  60  percent;  however,   the  2003  survey  was  barely                                                               
representative  and the  response rate  in 2005  was 55  percent.                                                               
Dr.  Butler explained  that national  data  suggests that  school                                                               
districts that require active parental  consent will have a lower                                                               
response rate.                                                                                                                  
                                                                                                                                
4:16:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER asked  whether the  witness was  familiar                                                               
with any adverse  fiscal impact to Alaska as a  result of the low                                                               
response rate on the survey.                                                                                                    
                                                                                                                                
DR. BUTLER  answered that  in addition  to the  $50,000 incentive                                                               
monies, there would  be the costs of administering  a survey that                                                               
did not yield useful data.                                                                                                      
                                                                                                                                
4:18:01 PM                                                                                                                    
                                                                                                                                
TAMMY  GREEN,   Chronic  Disease,  Division  of   Public  Health,                                                               
Department  of Health  and Social  Services (DHSS),  reminded the                                                               
committee that,  prior to 1999  and under the  statute permitting                                                               
passive consent,  there were  no reported  problems.   She stated                                                               
that  although HB  207 will  revert to  passive parental  consent                                                               
statewide, it  will not preclude school  districts from requiring                                                               
active permission on  a local basis.  Ms. Green  pointed out that                                                               
the data collected  by the YRBS survey has been  utilized for the                                                               
tobacco use  prevention program and  for public  health education                                                               
in a cost effective way.                                                                                                        
                                                                                                                                
4:20:22 PM                                                                                                                    
                                                                                                                                
GEORGE  W. BROWN,  M.D.,  informed  the committee  that  he is  a                                                               
practicing pediatrician in Juneau.   Dr. Brown stated that having                                                               
accurate  data  is  the  cornerstone   of  effective  public  and                                                               
individual health.  Therefore, the passage  of HB 207 will aid in                                                               
the collection of data and  is best for children, youth, parents,                                                               
and the  school and parent  relationship.  He strongly  urged the                                                               
committee to pass the bill.                                                                                                     
                                                                                                                                
4:21:28 PM                                                                                                                    
                                                                                                                                
MATT  FELIX, Director,  National Council  on Alcoholism  and Drug                                                               
Dependence  (NCADD), informed  the committee  that his  agency is                                                               
one of  the oldest nonprofits  in Juneau,  and its main  focus is                                                               
the prevention  of alcohol and drug  abuse.  As a  prevention and                                                               
promotion agency, the  NCADD does not recruit  treatment fees and                                                               
primarily   relies  on   grants   and   contracts  for   funding.                                                               
Currently, his agency  has 14 grants and  contracts from federal,                                                               
state, and local government.  Mr.  Felix pointed out that for his                                                               
agency  to maintain  available federal  funding, it  must provide                                                               
clear  data to  support grant  applications.   He  referred to  a                                                               
nationwide survey  conducted by  the University of  Michigan that                                                               
did not include Alaska due to  the lack of data.  Complete survey                                                               
data is necessary  to compete with other states  for grant funds.                                                               
In addition, Mr.  Felix noted that a passive  survey will include                                                               
students  beyond "the  cream  of  the crop"  and  will provide  a                                                               
better picture  of health and behavior  in the state.   Mr. Felix                                                               
relayed that  he has lost  grants due to the  lack of data;   for                                                               
example,  transportation grants  for the  promotion of  seat belt                                                               
usage and  to prevent drunk  driving.  He stressed  that accurate                                                               
survey data measures the need  for and the response to prevention                                                               
programs.                                                                                                                       
                                                                                                                                
4:25:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   FAIRCLOUGH  asked   whether  other   sources  of                                                               
information  are  available.    For  example,  data  from  police                                                               
records that document violations of seat belt laws.                                                                             
                                                                                                                                
MR. FELIX acknowledged  that data can be  obtained elsewhere, but                                                               
the YRBS survey  is the broadest and best  source for comparative                                                               
and objective information.  He  encouraged the passage of HB 207,                                                               
and  concluded  that  non  profit   agencies  in  the  state  are                                                               
suffering from the lack of data.                                                                                                
                                                                                                                                
4:26:42 PM                                                                                                                    
                                                                                                                                
EMILY  NENON,  Alaska  Government  Relations  Director,  American                                                               
Cancer Society, stated that the  importance of survey data to her                                                               
organization  is to  set  goals  and to  measure  the success  of                                                               
various prevention  programs.  She  pointed out that  the passage                                                               
of HB  207 will  not return the  state to the  1998 statute.   In                                                               
fact, HB  207 incorporates the  best of the previous  statute and                                                               
also preserves the  key elements of the changes in  law that were                                                               
made  in 1999.   Ms.  Nenon stated  that the  parental review  of                                                               
surveys and the notification of results is retained in HB 207.                                                                  
                                                                                                                                
4:29:52 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON recalled that during  the previous session the House                                                               
Health,   Education  and   Social  Services   Standing  Committee                                                               
recommended the  changes made by the  bill in order to  lower the                                                               
state's cost of providing social services.                                                                                      
                                                                                                                                
4:30:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  added  that  HB 207  will  preserve  the                                                               
confidentiality of individual students and families.                                                                            
                                                                                                                                
CHAIR  WILSON noted  that, in  addition, the  bill will  maintain                                                               
parental rights of review and denial of permission.                                                                             
                                                                                                                                
4:31:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH restated  her  question regarding  the                                                               
ability of a school district  to obtain a blanket permission slip                                                               
for the school year under Sec. 14.03.110(b).  She read:                                                                         
                                                                                                                                
     Of this section  may be obtained annually  and is valid                                                                    
     until the  commencement of  the subsequent  school year                                                                    
     or  until  the  parent   or  legal  guardian  who  gave                                                                    
     permission submits  a written withdrawal  of permission                                                                    
     to the school [principal].                                                                                                 
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH continued  to say  that, as  a parent,                                                               
she  would  like to  see  that  a copy  of  the  survey is  still                                                               
provided and that the Anchorage  School District can continue its                                                               
current policy.                                                                                                                 
                                                                                                                                
4:33:20 PM                                                                                                                    
                                                                                                                                
DICK  LUTHER,  Special  Assistant, Office  of  the  Commissioner,                                                               
Department of  Education and Early Development,  advised that the                                                               
current regulation, passed in 1999,  requires that parents notify                                                               
the school with permission or  with denial of permission prior to                                                               
the  administration  of  a  survey.   He  opined  that  a  school                                                               
district can utilize  a blanket permission slip  at the beginning                                                               
of the  year; however, parents  retain the  right to look  at the                                                               
survey and can revoke their  blanket permission.  Mr. Luther said                                                               
that  districts are  required to  follow the  law, but  can write                                                               
different procedures at the local level.                                                                                        
                                                                                                                                
4:34:49 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  opined that  HB 207 provides  parents the  right to                                                               
withdraw their  annual blanket permission  after they  review the                                                               
survey.                                                                                                                         
                                                                                                                                
MR. LUTHER agreed.  He added  that the permission is given at the                                                               
beginning and it stays in effect "until revoked."                                                                               
                                                                                                                                
4:35:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH   observed  that   HB  207   does  not                                                               
specifically allow  the one-year blanket provision.   She related                                                               
she is  not in opposition  to forwarding the bill  from committee                                                               
because  the  information that's  generated  is  valuable to  the                                                               
state as  well as local  communities.   Representative Fairclough                                                               
said,  "But ...  we  were  explicit before  to  allow a  one-year                                                               
blanket.  And this ... goes  one step further and allows a parent                                                               
to actually  see the survey.   But, for a  parent ... like  me, I                                                               
like to  be able to  give it  once, right with  registration, and                                                               
then review it as  it comes along.  But if  I'm not being active,                                                               
... then I  want the school district  to be able to  go ahead and                                                               
administer the survey ...."                                                                                                     
                                                                                                                                
MR.  LUTHER expressed  his belief  that HB  207 does  not require                                                               
parental permission.  However, if  a parent does not want his/her                                                               
student to participate in a survey,  then they have to notify the                                                               
school district.   He  reiterated that  the new  legislation does                                                               
not require  permission; it  requires the  opposite.   Mr. Luther                                                               
opined that opposing parents will  be given a blanket disapproval                                                               
at the beginning of the school year.                                                                                            
                                                                                                                                
4:37:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  asked  whether Mr.  Luther  would  define                                                               
"active" and "passive."                                                                                                         
                                                                                                                                
MR. LUTHER responded  that an active response says  a student can                                                               
not participate and  a passive response allows a  student to take                                                               
the survey, unless the parent does not want them to.                                                                            
                                                                                                                                
REPRESENTATIVE NEUMAN  referred to HB  207,  page 2,   subsection                                                               
(c), and  said that  the school district  is required  to provide                                                               
two  weeks' notice.   He  expressed his  understanding that  if a                                                               
parent does not want a child  to participate, an active parent is                                                               
required  to notify  the school  and  a passive  parent does  not                                                               
reply and  thus consents.   Representative Neuman  concluded that                                                               
districts are required  to send all surveys to  parents for their                                                               
review two weeks before the survey is taken.                                                                                    
                                                                                                                                
MR. LUTHER  agreed, and added that  surveys must be sent  out two                                                               
weeks before  they are  administered at  which time  parents have                                                               
the opportunity to actively say  "no", or, say nothing, and imply                                                               
consent.    The current legislation requires a  response of "yes"                                                               
or "no."                                                                                                                        
                                                                                                                                
4:40:25 PM                                                                                                                    
                                                                                                                                
MS. NENON  said that  she had  spoken with  the president  of the                                                               
Anchorage School  Board regarding HB  207.  Her  understanding is                                                               
that school districts  at the local level will have  the power to                                                               
set policies  that are above and  beyond what is required  at the                                                               
state level.  She opined that  HB 207 does not preclude execution                                                               
of an  annual blanket  permission form,  or conversely,  does not                                                               
preclude  a  school  district   from  requiring  active  parental                                                               
consent.                                                                                                                        
                                                                                                                                
4:42:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  observed that  HB 207 requires  that every                                                               
survey   has  to   go  to   each  parent   two  weeks   prior  to                                                               
administration; thus,  there is no option  for yearly permission.                                                               
He  said that  this requirement  is an  expensive burden  for the                                                               
school system, and should be amended to allow annual permission.                                                                
                                                                                                                                
4:43:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  opined that  the language allows  for the                                                               
school  district  to  give  written  two  weeks'  notice  at  the                                                               
beginning of the year.                                                                                                          
                                                                                                                                
CHAIR WILSON  agreed with Representative Gardner,  but noted that                                                               
the amendment suggested by Representative Seaton was acceptable.                                                                
                                                                                                                                
4:44:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES commented that  a blanket permission slip at                                                               
the  beginning of  the year  for any  survey would  be fine.   He                                                               
explained  that the  bill would  provide that  even the  students                                                               
whose parents did  not sign a permission slip would  be given the                                                               
survey;  therefore,  all  students,  whether  their  parents  had                                                               
signed the  slip or  not, would  be given the  survey.   The only                                                               
exception  would be  for those  students whose  parents signed  a                                                               
specific paper  stating that they  do not want their  children to                                                               
be given the survey.                                                                                                            
                                                                                                                                
4:45:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH concurred  with Representative  Roses.                                                               
She said, "They have to notify the parents, one way or another."                                                                
                                                                                                                                
4:45:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  directed attention to language  on page 2,                                                               
line  3, which  specifies  "the questionnaire".   He  interpreted                                                               
that to  mean each individual survey,  not a blanket survey.   He                                                               
questioned  whether it  would be  possible for  parents who  give                                                               
permission for  their children to fill  out a survey to  have the                                                               
option of seeing the surveys before they are given.                                                                             
                                                                                                                                
4:47:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH said, "I  am not in opposition, because                                                               
this  would  remove a  step  at  registration, because  they  are                                                               
already  required -  every time  they do  a survey  - to  ask the                                                               
parent  the question."   Notwithstanding  that, she  relayed that                                                               
there are  parents who are  concerned with the  subjective nature                                                               
of some  school surveys.   She revealed that parents  have called                                                               
her regarding a survey that  asked about sexual practices and was                                                               
worded  in a  manner which  assumed that  the child  was sexually                                                               
active.    She  cautioned  against  making  assumptions  about  a                                                               
child's behavior.                                                                                                               
                                                                                                                                
4:50:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES,  regarding   two-week  notification,  drew                                                               
attention to  the language  in statute as  of 1999,  which allows                                                               
permission  to  be  given  at  the  beginning  of  the  year  for                                                               
anonymous  surveys but  requires  two-week  notification for  any                                                               
survey that is not anonymous.   He offered his understanding that                                                               
HB 207 does not make that distinction.                                                                                          
                                                                                                                                
4:51:07 PM                                                                                                                    
                                                                                                                                
MS. ROONEY offered an explanation.                                                                                              
                                                                                                                                
REPRESENTATIVE ROSES  clarified that he  wants to know if  HB 207                                                               
would remove  any language  from AS  14.03.110(c), which  read as                                                               
follows:                                                                                                                        
                                                                                                                                
     (c) If a school administers to a student a questionnaire or                                                                
survey  that  is  not  anonymous, the  school  shall  obtain  the                                                               
written permission  required under (a)  of this section  from the                                                               
student's parent or legal guardian  at least two weeks before the                                                               
questionnaire or survey is administered.                                                                                        
                                                                                                                                
CHAIR  WILSON and  MS. ROONEY  directed attention  to subsections                                                               
(a) and (b), which read as follows:                                                                                             
                                                                                                                                
          (a) A school district, principal or other person                                                                      
     in charge  of a public  school, or teacher in  a public                                                                    
     school may not administer  or permit to be administered                                                                    
     in  a   school  a  questionnaire  or   survey,  whether                                                                    
     anonymous  or  not,  that  inquires  into  personal  or                                                                    
     private family affairs  of the student not  a matter of                                                                    
     public record  or subject to public  observation unless                                                                    
     written  permission  is  obtained  from  the  student's                                                                    
     parent or legal guardian.                                                                                                  
                                                                                                                                
          (b) For an anonymous questionnaire or survey,                                                                         
     written permission  required under (a) of  this section                                                                    
     may  be  obtained  annually  and  is  valid  until  the                                                                    
     commencement  of the  subsequent school  year or  until                                                                    
     the  parent  or  legal  guardian  who  gave  permission                                                                    
     submits  a  written  withdrawal of  permission  to  the                                                                    
     school  principal.   The  school  shall   provide  each                                                                    
     student's parent or legal guardian  at least two weeks'                                                                    
     notice before  administering a questionnaire  or survey                                                                    
     described under this subsection.                                                                                           
                                                                                                                                
REPRESENTATIVE ROSES restated his concern as follows:                                                                           
                                                                                                                                
     HB 207  takes the 1999  statute that  says if it  is an                                                                    
     anonymous  survey   you  can  get  permission   at  the                                                                    
     beginning of  the year, [and]  ... says you  don't need                                                                    
     permission.   Unless we specifically receive  a written                                                                    
     notice that you do not  want your child to participate,                                                                    
     they  will  automatically  participate.    However,  in                                                                    
     [subsection] (c) where if it  says if the survey is not                                                                    
     anonymous  there must  be  a  two-week written  notice,                                                                    
     this bill, HB 207, repeals that.   And so, we no longer                                                                    
     make a distinction  between anonymous and non-anonymous                                                                    
     surveys.  Is that correct?                                                                                                 
                                                                                                                                
4:53:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH,  in  response to  comments  by  Chair                                                               
Wilson and  Ms. Rooney, said  she thinks Representative  Roses is                                                               
correct.  She continued:                                                                                                        
                                                                                                                                
     It's going  to eliminate the current  provision that is                                                                    
     in  code right  now that  defines a  difference between                                                                    
     anonymous  and not  anonymous.   So, he's  correct that                                                                    
     [subsection]  (c) is  repealed.    You're correct  that                                                                    
     it's  referring to  [subsections] (a)  and (b),  but in                                                                    
     the  end, the  current  language that's  in statute  no                                                                    
     longer  will exist  for  a  non-anonymous survey;  it's                                                                    
     rolled together.                                                                                                           
                                                                                                                                
4:54:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES said in reading  the language, he vacillated                                                               
on his  interpretation of its  meaning; therefore, he  stated his                                                               
desire that  it be  stated for  the record if  the intent  of the                                                               
bill is  to eliminate the two-week  requirement for non-anonymous                                                               
surveys.                                                                                                                        
                                                                                                                                
MS.  ROONEY emphasized  that is  not the  intent of  the proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
CHAIR WILSON announced her intent to  hold HB 207 in order to get                                                               
the answers to remaining questions.                                                                                             
                                                                                                                                
4:55:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON related  that he  would like  to offer  an                                                               
amendment  to add  a subsection  (d) that  would state,  "For the                                                               
purposes of (b) of this  section, parents may give annual written                                                               
permission  and  waive the  requirement  to  receive surveys  for                                                               
inspection prior to  administration by the school  district."  He                                                               
explained that many  parents don't want the surveys  sent to them                                                               
in the mail, and  it is costly to do those mailings.   He said he                                                               
is  letting  the committee  know  what  his amendment  would  be,                                                               
because he would like them to  think about it until the next bill                                                               
hearing.                                                                                                                        
                                                                                                                                
CHAIR WILSON  said she does not  think it would be  a requirement                                                               
to send  the surveys in the  mail; the school would  only have to                                                               
offer the opportunity for the  parent to review the survey, which                                                               
could mean coming in to the school to look at it.                                                                               
                                                                                                                                
4:57:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH asked for an example of a non-                                                                        
anonymous  survey, whereby  a  child's name  is  attached to  the                                                               
survey.                                                                                                                         
                                                                                                                                
MS.  ROONEY  offered her  understanding  that  surveys which  ask                                                               
about  the   child's  ethnicity,  for  example,   would  be  non-                                                               
anonymous.                                                                                                                      
                                                                                                                                
4:58:54 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  closed public testimony  and announced that  HB 207                                                               
was heard and held.                                                                                                             
                                                                                                                                
HB 215-TASK FORCE RE: COUNCIL ON DOM. VIOL.                                                                                   
                                                                                                                                
4:59:49 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 215, "An Act  relating to the establishment  of a                                                               
task force to review the  Council on Domestic Violence and Sexual                                                               
Assault."                                                                                                                       
                                                                                                                                
5:00:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH introduced  HB 215  as prime  sponsor.                                                               
She touched upon  points in the sponsor statement,  which read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Last  month the  Legislature voted  to reauthorize  the                                                                    
     Council  on   Domestic  Violence  and   Sexual  Assault                                                                    
     (CDVSA). Alaska continues to rank  among the highest in                                                                    
     the nation  for rates  of domestic violence  and sexual                                                                    
     assault   and  the   Council  has   a  vital   role  in                                                                    
     prevention, education  and response to  those incidents                                                                    
     in our state.                                                                                                              
                                                                                                                                
     During  the   Reauthorization  process,  a   number  of                                                                    
     questions arose on  a variety of issues  related to the                                                                    
     Council, including  its placement in the  Department of                                                                    
     Public  Safety,  the  Council's mission,  and  concerns                                                                    
     brought forth in Legislative  Audit Reports released in                                                                    
     2006 and 2002.  The work done by CDVSA and  its role in                                                                    
     the battle to end  sexual assault and domestic violence                                                                    
     is  essential,  but  the  Legislature  and  the  public                                                                    
     deserve to have their questions addressed.                                                                                 
                                                                                                                                
     The Task  Force would bring members  of the legislature                                                                    
     and administration together with  members of the public                                                                    
     to  have  thoughtful, comprehensive  discussions  about                                                                    
     the Council and the issues at hand.                                                                                        
                                                                                                                                
     This Task Force  would prepare and present  a report to                                                                    
     the full  legislature, in an effort  to bring increased                                                                    
     awareness of the  Council's role as well  as answer on-                                                                    
     going questions that members have with its extension.                                                                      
                                                                                                                                
     This act will be repealed April 16, 2008.                                                                                  
                                                                                                                                
     I  urge  your support  in  the  creation of  this  Task                                                                    
     Force.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH expressed  her hope  that she  will be                                                               
appointed  as a  member of  the aforementioned  task force.   She                                                               
noted  that the  Department  of Public  Safety  has committed  to                                                               
paying the  transportation and per  diem costs of the  two public                                                               
members of  the task  force, as well  as the  person representing                                                               
the Alaska Network on Domestic Violence.                                                                                        
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  stated that there would  be amendments                                                               
to the bill.   One amendment would quantify the  meeting time and                                                               
the expected  outcome of  the meeting.   Another  amendment would                                                               
insert  "domestic  violence"  on  page  2,  line  6.    The  last                                                               
amendment  would address  legislation that  established a  90-day                                                               
session, by  changing the  February 1,  2008, date  on page  3 to                                                               
March  1, in  order to  accommodate  the possibility  of a  later                                                               
session commencement.                                                                                                           
                                                                                                                                
CHAIR WILSON commended Representative Fairclough's efforts.                                                                     
                                                                                                                                
5:05:20 PM                                                                                                                    
                                                                                                                                
CHRIS  ASHENBRENNER, Interim  Program  Administrator, Council  on                                                               
Domestic Violence and Sexual Assault  (CDVSA), noted that she had                                                               
submitted a  letter in  support of  HB 215,  on behalf  of CDVSA.                                                               
She  related that  at a  press conference,  Governor Sarah  Palin                                                               
expressed her  dislike of Alaska's current  statistics related to                                                               
sexual  assault  and  domestic  violence.    She  emphasized  the                                                               
council's commitment to continually strive for improvements.                                                                    
                                                                                                                                
5:06:50 PM                                                                                                                    
                                                                                                                                
PEGGY  BROWN,  Executive  Director, Alaska  Network  on  Domestic                                                               
Violence and Sexual Assault (ANDVSA),  spoke of a letter from the                                                               
network in support of HB 215.   She said ANDVSA has been actively                                                               
working with  Representative Fairclough and CDVSA.   She reported                                                               
that at  a recent meeting,  the lieutenant governor  stressed the                                                               
importance of  lowering Alaska's statistics on  domestic violence                                                               
and sexual  assault.   She said  it has been  11 years  since the                                                               
Domestic Violence  Protection Act of  1996, and it is  prudent to                                                               
look for means of improvement.                                                                                                  
                                                                                                                                
5:08:44 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON closed public testimony.                                                                                           
                                                                                                                                
5:08:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  said upon  her first  glance of  the bill                                                               
she had  questioned what the task  force could do that  could not                                                               
be done by the council.   She stated that her understanding after                                                               
hearing  Representative  Fairclough's  presentation is  that  the                                                               
council does  not establish  it's own  mandate -  the legislature                                                               
does  - and  the task  force  would make  recommendations to  the                                                               
legislature.                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH confirmed that would  be the case.  She                                                               
noted  that [the  council]  has been  working  with many  members                                                               
around the state,  but she indicated that the council  may not be                                                               
completing  all the  necessary tasks.   She  explained, "I  think                                                               
that  in the  current language  we've  got a  lot of  implemented                                                               
steps to accomplish a broader picture  that we may not need ...."                                                               
The mission, she said, is very  broad and needs to be narrowed to                                                               
allow the council to do the work it needs to do.                                                                                
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH, in  response Representative  Gardner,                                                               
said  those sitting  on  the task  force would  not  be the  same                                                               
individuals as those  already sitting on the council.   She said,                                                               
"The Department of  Law's currently there, but  the Department of                                                               
Corrections  is not  ... currently  at the  table.   ... I  don't                                                               
believe that  the Department of  Education and  Early Development                                                               
has been  an active  participant, but the  commissioner has  at a                                                               
higher level."                                                                                                                  
                                                                                                                                
REPRESENTATIVE GARDNER  suggested that  it may be  more efficient                                                               
for  the council  to  make  its own  recommendations  as to  what                                                               
should be its focus.                                                                                                            
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH explained  that she  wants to  see the                                                               
legislature's involvement  so that  the council  is in  line with                                                               
what that  body wants to  support.  She  said her efforts  are to                                                               
streamline  the process.    She  pointed out  that  those on  the                                                               
council are  volunteers who  work hard, but  the council  has not                                                               
been successful  with a strategic  plan that it has  been working                                                               
on for four years.                                                                                                              
                                                                                                                                
5:14:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   CISSNA  remarked   that  HB   215  is   succinct                                                               
legislation.   She recalled that  six years ago  discussions over                                                               
domestic   violence    took   place.      She    said   resulting                                                               
recommendations  are not  usually  embraced  by the  legislature.                                                               
She encouraged  doing "some  assessments of  this process."   She                                                               
talked about the  efforts of the community  blending "with this,"                                                               
because she said she thinks there  are "a lot of people out there                                                               
that have been working on this for some time."                                                                                  
                                                                                                                                
5:16:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH said  Representative Cissna's  remarks                                                               
are correct.  Besides the council  and the network, there used to                                                               
be a  funding committee and an  action committee, she said.   She                                                               
said the action committee struggled  to get anything done because                                                               
they did not  control the funds.  She said  people have not heard                                                               
CDVSA's response  to the  audits.   She said page  3 of  the bill                                                               
provides that  one of  the goals  of the task  force would  be to                                                               
consider  the   relationships  between  the  council   and  other                                                               
entities.   She said  the legislature should  set the  mandate of                                                               
how it will  address violence in Alaska.  The  council, she said,                                                               
is in need  of a supportive nudge - a  partner that can recognize                                                               
its work and the challenges therein.                                                                                            
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH stated for the record:                                                                                
                                                                                                                                
     I don't think  you can prevent rape; I  don't think you                                                                    
     can prevent  someone from stealing your  purse; but you                                                                    
     can  make people  aware that  that  is out  there as  a                                                                    
     possibility in  [their] lives.   But  when we  start to                                                                    
     educate  our public,  and when  we  move toward  social                                                                    
     change, you're  going to see  an increase  in reporting                                                                    
     of child victimization.   ... It means  we're doing the                                                                    
     right thing, because kids are  saying it out loud.  ...                                                                    
     I just don't leave with  anybody the impression that if                                                                    
     we  do this  that the  numbers  are going  to go  down,                                                                    
     because  that's  not  what's  going  to  happen.    The                                                                    
     numbers are going to go  up, and that means we're doing                                                                    
     our job.                                                                                                                   
                                                                                                                                
5:19:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER requested  that the  sponsor provide  the                                                               
report  titled  "Preventing  Intimate  Partner  Violence,  Sexual                                                               
Violence and Child Maltreatment" identified  on page 3, lines 17-                                                               
18.                                                                                                                             
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH,  in  response   to  a  question  from                                                               
Representative Gardner,  explained that  if an amendment  were to                                                               
pass,  regarding how  often the  task  force would  meet and  who                                                               
would pay  per diem  and travel expenses,  then "a  more accurate                                                               
number document" would be available.                                                                                            
                                                                                                                                
REPRESENTATIVE GARDNER asked for the definition of ex officio.                                                                  
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH specified that  ex officio means "not a                                                               
voting   member."     She  explained   the  importance   of  that                                                               
distinction.                                                                                                                    
                                                                                                                                
5:23:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES moved to adopt Amendment 1, labeled 25-                                                                    
LS0681\C.2, Luckhaupt/Bullard, 4/10/07, which read:                                                                             
                                                                                                                                
     Page 3, following line 20:                                                                                                 
          Insert a new subsection to read:                                                                                      
          "(e)  The task force shall meet a minimum of at                                                                       
     least once in the  following cities: Juneau, Anchorage,                                                                    
     Fairbanks, and a rural community of the state."                                                                            
                                                                                                                                
     Reletter the following subsections accordingly.                                                                            
                                                                                                                                
     Page 3, line 22, following "AS 39.20.180.":                                                                                
          Insert "Each department shall pay the per diem                                                                        
     and   travel  expenses   for   its  representative   or                                                                    
     representatives to  the task  force. The  Department of                                                                    
     Public  Safety  shall  pay  the  per  diem  and  travel                                                                    
     expenses for the two public members of the task force                                                                      
       and the director of the Alaska Network on Domestic                                                                       
     Violence and Sexual Assault."                                                                                              
                                                                                                                                
5:24:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER objected  for discussion  purposes.   She                                                               
asked  if the  council has  its own  way of  paying per  diem and                                                               
travel expenses  or if it  should be included under  the coverage                                                               
given by the Department of Public Safety.                                                                                       
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  explained  that  CDVSA  has  its  own                                                               
resources since it is a division of the State of Alaska.                                                                        
                                                                                                                                
REPRESENTATIVE  GARDNER removed  her objection.   There  being no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
5:25:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES moved to adopt Amendment 2, as follows:                                                                    
                                                                                                                                
     On page 3, line 27:                                                                                                        
          Delete "February 1"                                                                                                   
          Insert "March 1"                                                                                                      
                                                                                                                                
There being no objection, Amendment 2 was adopted.                                                                              
                                                                                                                                
5:26:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES moved to adopt Amendment 3, as follows:                                                                    
                                                                                                                                
     On page 2, line 6:                                                                                                         
          Between "for victims of" and "sexual assault;"                                                                        
          Insert "domestic violence and"                                                                                        
                                                                                                                                
There being no objection, Amendment 3 was adopted.                                                                              
                                                                                                                                
5:26:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  moved to report  HB 215, as  amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying  fiscal  notes.   There  being  no  objection,  CSHB
215(HES)  was  reported  from the  House  Health,  Education  and                                                               
Social Services Standing Committee.                                                                                             
                                                                                                                                
HB 213-CRIMES :  DOMESTIC VIOLENCE SHELTERS                                                                                   
                                                                                                                                
5:27:30 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced that the  final order of business would be                                                               
HOUSE BILL NO. 213, "An Act  relating to an aggravating factor at                                                               
sentencing  for   crimes  committed   at  certain   shelters  and                                                               
facilities."                                                                                                                    
                                                                                                                                
5:27:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ANDREA DOLL,  Alaska State Legislature, introduced                                                               
HB 213, as prime sponsor.   She said the bill addresses safety at                                                               
shelters by allowing stiffer sentences.   She related an incident                                                               
that happened  at the  AWARE shelter  in Juneau  which instigated                                                               
the creation of  the proposed legislation.  She  noted that April                                                               
is [Sexual Assault Awareness] month.                                                                                            
                                                                                                                                
5:32:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  asked for examples of  how the sentencing                                                               
would change  under HB 213.   She also asked for  a definition of                                                               
the phrase [on page 1, line  6]:  "facility providing services to                                                               
victims of domestic violence or sexual assault."                                                                                
                                                                                                                                
5:33:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOLL said a "facility  providing services" means a                                                               
place offering  refuge, counseling,  classes, and a  wide variety                                                               
of services.                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER asked  if the bill would apply  to a next-                                                               
door  neighbor  giving  shelter  to   a  battered  woman  in  the                                                               
neighborhood.                                                                                                                   
                                                                                                                                
REPRESENTATIVE DOLL said that is a good question.                                                                               
                                                                                                                                
5:34:21 PM                                                                                                                    
                                                                                                                                
RICK SVOBODNY,  Deputy Attorney General, Department  of Law, said                                                               
aggravating  factors related  to the  bill are  tried to  a jury;                                                               
therefore, the  jury determines  the definition  of a  shelter or                                                               
facility that  provides services for domestic  violence or sexual                                                               
assault  victims.   Notwithstanding  that, Mr.  Svobodny said  he                                                               
thinks  it  is  the  intent  of the  sponsor  and  would  be  the                                                               
interpretation of anyone  who reads the bill  that "we're talking                                                               
about the  type of  shelters that exist  throughout the  state or                                                               
are funded by [CDVSA]."                                                                                                         
                                                                                                                                
5:36:09 PM                                                                                                                    
                                                                                                                                
MR.  SVOBODNY,  in  response   to  Representative  Gardner,  said                                                               
aggravating factors  allow a  judge to increase  the length  of a                                                               
sentence from  the length  that has  been deemed  appropriate for                                                               
any particular case.  He offered examples.                                                                                      
                                                                                                                                
5:37:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  the sponsor  if the  aforementioned                                                               
facility refers to a facility providing residential services.                                                                   
                                                                                                                                
REPRESENTATIVE DOLL replied yes.                                                                                                
                                                                                                                                
REPRESENTATIVE  SEATON asked  Representative  Doll  if she  would                                                               
object  to  adding the  language  "residential"  in order  to  be                                                               
clear.                                                                                                                          
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  told Representative Seaton  that doing                                                               
so would eliminate rape crisis  centers such as Standing Together                                                               
Against Rape (STAR) in Anchorage.                                                                                               
                                                                                                                                
REPRESENTATIVE SEATON  explained that he is  seeking a definition                                                               
of what would and would not be covered.                                                                                         
                                                                                                                                
5:40:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER stated  her concern  that using  the term                                                               
"residential" includes a HUD home.   She suggested using the term                                                               
"secure".                                                                                                                       
                                                                                                                                
5:41:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  said women  are often  in the  most danger                                                               
just when they  think the danger is over, and  she indicated that                                                               
a broad [term] is needed in the language.                                                                                       
                                                                                                                                
5:42:41 PM                                                                                                                    
                                                                                                                                
JERRY  LUCKHAUPT,   Attorney,  Legislative  Legal   and  Research                                                               
Services,   Legislative  Affairs   Agency,   explained  that   he                                                               
deliberately used broad language when  drafting the bill in order                                                               
to  cover those  facilities that  don't meet  all specifications.                                                               
He  said a  prosecutor would  have to  convince a  jury that  the                                                               
facility  in question  provides services  to victims  of domestic                                                               
violence  and  sexual assault.    In  response to  Representative                                                               
Gardner's  aforementioned  example  of  a  victim  fleeing  to  a                                                               
neighbor's house,  while the neighbor may  be providing temporary                                                               
shelter, he/she is not providing services.                                                                                      
                                                                                                                                
5:44:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  said the bill adds  aggravating factors and                                                               
he  does  not  think  it  is  necessary  to  define  where  those                                                               
aggravating  factors occur.    He said  the  discretion is  being                                                               
given to the court system and  the language in the bill should be                                                               
left  vague.   In conclusion,  he stated  that he  is comfortable                                                               
with the language as it is.                                                                                                     
                                                                                                                                
5:45:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  said in  remote and  rural communities                                                               
there may  be safe homes that  do not receive funding  from CDVSA                                                               
or  even have  paid staff.   She  said she  shares Representative                                                               
Seaton's   concern,  but   also   appreciates   the  remarks   of                                                               
Representative Roses.                                                                                                           
                                                                                                                                
5:47:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOLL,  in response to Representative  Cissna, said                                                               
the idea of  the bill is to bring attention  to protecting women;                                                               
it will  not solve the  entire problem but provides  a beginning.                                                               
She  related  a  story  about   a  woman  recently  shot  at  the                                                               
University of Washington.                                                                                                       
                                                                                                                                
5:49:40 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON noted that men are also victims.                                                                                   
                                                                                                                                
5:49:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON commented that  the legislature's job is to                                                               
write the  law as it  wants it enforced  and the language  of the                                                               
bill  is  vague.    He  said   he  would  not  like  to  see  one                                                               
circumstance  treated  in  one  manner  in one  court  and  in  a                                                               
different manner in another court.   He expressed his support for                                                               
the intention of the bill, but  said he would like to clarify its                                                               
intent through its  language.  He admitted that he  does not know                                                               
how  to  do  that,  but suggested  perhaps  the  House  Judiciary                                                               
Standing  Committee  would have  a  solution.   He  stated,  "I'm                                                               
uncomfortable  when I  cannot read  the  bill and  then tell  you                                                               
where it is  that the aggravator will apply, and  that's ... just                                                               
my concern."                                                                                                                    
                                                                                                                                
MR. SVOBODNY said this issue is  a policy call for the committee.                                                               
He suggested that  on page 1, line 6, the  language could specify                                                               
that the facility be one "that operates to provide services".                                                                   
                                                                                                                                
5:52:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  suggested  that  the  language  read,                                                               
"recognized  shelter or  facility".    Regarding the  aggravating                                                               
factor at sentencing, she stated  that rapists in Anchorage still                                                               
rape, but are less likely to carry  a knife or gun - actions that                                                               
would aggravate  the assault -  because they know that  would add                                                               
time  to their  sentence.   The bill  would be  a deterrent,  she                                                               
said.    She  stated,  "It's  sad  to  say  that  some  of  these                                                               
individuals do have a brain and  they choose to behave like this,                                                               
but it is learned behavior.   And they can learn that aggravation                                                               
causes additional consequence."                                                                                                 
                                                                                                                                
5:54:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  said  she would  support  Representative                                                               
Fairclough's idea to  add "recognized", because a safe  home in a                                                               
rural area might not necessarily be "a place that operates."                                                                    
                                                                                                                                
5:54:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH moved to  adopt Conceptual Amendment 1,                                                               
as follows:                                                                                                                     
                                                                                                                                
     On page 1, line 5:                                                                                                         
          Between "premises of a" and "shelter"                                                                                 
          Insert "recognized"                                                                                                   
                                                                                                                                
There being no objection, Conceptual Amendment 1 was adopted.                                                                   
                                                                                                                                
5:55:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  moved to report  HB 213, as  amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying  fiscal  notes.   There  being  no  objection,  CSHB
213(HES)  was  reported  from 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 5:55:55 PM.                                                                                                  

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