Legislature(2007 - 2008)CAPITOL 106
04/10/2007 04:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB207 | |
| HB215 | |
| HB213 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 207 | TELECONFERENCED | |
| *+ | HB 215 | TELECONFERENCED | |
| *+ | HB 213 | TELECONFERENCED | |
| + | 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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