Legislature(2015 - 2016)SENATE FINANCE 532
04/15/2016 08:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB41 | |
| HB137 | |
| HB254 | |
| HB156 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 41 | TELECONFERENCED | |
| += | HB 137 | TELECONFERENCED | |
| += | HB 254 | TELECONFERENCED | |
| + | HB 156 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE FINANCE COMMITTEE
April 15, 2016
8:03 a.m.
8:03:40 AM
CALL TO ORDER
Co-Chair MacKinnon called the Senate Finance Committee
meeting to order at 8:03 a.m.
MEMBERS PRESENT
Senator Anna MacKinnon, Co-Chair
Senator Pete Kelly, Co-Chair
Senator Peter Micciche, Vice-Chair
Senator Click Bishop
Senator Mike Dunleavy
Senator Lyman Hoffman
Senator Donny Olson
MEMBERS ABSENT
None
ALSO PRESENT
Erin Shine, Staff, Senator Anna MacKinnon; Crystal
Koeneman, Staff, Representative Cathy Munoz; Representative
Dave Talerico, Sponsor; Representative Louise Stutes,
Sponsor; Representative Wes Keller, Sponsor; Christa
McDonald, Staff, Senator Mike Dunleavy; Representative Lora
Reinbold, Co-sponsor of the Bill, Juneau.
PRESENT VIA TELECONFERENCE
Henry Schildbach, Self, Anchorage; Micah Perino, Self,
Anchorage; Samantha Savage, Self, Fairbanks; Pamela Samash,
Self, Nenana; Jessica Gray, Self, Anchorage; Caroline
Storm, Self, Anchorage; Elise Boyer, Self, Homer; Mary Lou
Kelsey, Self, Homer; Lily Spiroski, Self, Anchorage;
Kristen DeHaven, Self, Anchorage; Tanner Dunn, Self,
Anchorage; Devry Garity, Self, Homer; Kim Smith, Self,
Homer; Robin Smith, Self, Anchorage; Lisa Eagan-Lagerquist,
Self, Juneau; Deena Mitchell, Self, Anchorage; Kenni Psenak
Linden, Self, Palmer; Linda File, Self, Fairbanks; Daniel
File, Self, Fairbanks; Ed Gray, Self, Sitka; Paula Terrel,
Self, Juneau; Carol Clausson, Self, Anchorage; Judy Andree,
Self, Juneau; Alyson Currey, Planned Parenthood Votes
Northwest and Hawaii, Juneau; Butch Moore, Self, Big Lake;
Dirk White, Pharmacist, Sitka; David Nees, Self, Anchorage;
Doug Koester, Self, Homer; Jessica Cler, Self, Anchorage;
Eric Glatt, Attorney, American Civil Liberties Union of
Alaska, Anchorage; William Deaton, Self, Cordova; Mike
Coons, Self, Palmer; Arlene Ronda, Self, Homer; Terrie
Gottstein, Self, Anchorage; Willie Lewis, Self, Anchorage;
Pete Hoepfner, Cordova School District, Cordova; Alyse
Galvin, Self, Anchorage; Seta Kabaranian, Self, Anchorage;
Angie Hutchinson, Self, Mat-Su; Paul D. Kendall, Self,
Anchorage; April Smith, Self, North Pole; Janet Pasternak,
Alaska Nurses Association, Anchorage; Donna Beran, Self,
Homer; Tim Robinson, Self, Wasilla; Caroline Ahrens, Self,
Anchorage; Kate Finn, Self, Anchor Point.
SUMMARY
CSHB 41(FIN)am
SPORT FISHING SERVICES
CSHB 41(FIN)am was HEARD and HELD in committee
for further consideration.
CSHB 137(FIN)am
HUNT/FISH/TRAP: FEES;LICENSES;EXEMPTIONS
CSHB 137(FIN)am was HEARD and HELD in committee
for further consideration.
HB 254 EXTEND BIG GAME COMMERCIAL SERVICES BOARD
HB 254 was HEARD and HELD in committee for
further consideration.
CSHB 156(EDC)
SCHOOL ACCOUNTABILITY MEASURES; FED. LAW
CSHB 156(EDC) was HEARD and HELD in committee for
further consideration.
CS FOR HOUSE BILL NO. 41(FIN) am
"An Act relating to sport fishing services, sport
fishing operators, and sport fishing guides; and
providing for an effective date."
8:05:02 AM
Vice-Chair Micciche MOVED to ADOPT the committee substitute
for CSHB 41(FIN)am, Work Draft 29-LS0238\S (Bullard,
4/14/16).
Co-Chair MacKinnon OBJECTED for the purpose of discussion.
8:05:17 AM
ERIN SHINE, STAFF, SENATOR ANNA MACKINNON, explained the
committee substitute revered back to a previous version of
the legislation, which had bifurcated fresh and salt water
sport fishing licenses in reporting. She said that
conversations with the departments had revealed that the
Board of Fish had the authority to regulate the log books
and the penalties associated with reporting requirements.
She said that the committee substitute (CS) brought fresh
and saltwater sport fishing licenses under one umbrella,
removed reporting requirements, and updated the penalty
section for log book violations.
Co-Chair MacKinnon WITHDREW the OBJECTION. There being NO
OBJECTION, the proposed committee substitute was adopted.
8:06:49 AM
Co-Chair MacKinnon asked whether the bill sponsor had
reviewed the cs.
8:06:57 AM
CRYSTAL KOENEMAN, STAFF, REPRESENTATIVE CATHY MUNOZ,
replied that both bill sponsors had reviewed the revised cs
and supported the changes.
8:07:15 AM
Co-Chair MacKinnon asked whether either of the bill
sponsors had concerns about the legislation that should be
discussed on the record.
Ms. Koeneman replied that the bill sponsors had no concerns
with the current draft. She pointed out to the committee
that there was an updated sectional analysis in their
packets (copy on file).
8:07:45 AM
Senator Olson wondered whether the new cs had been crafted
in collaboration with fishing guides.
Ms. Shine responded that she had worked with a guide
representative on the cs who was available in the gallery
to speak to support of the legislation.
CSHB 41(FIN)am was HEARD and HELD in committee for further
consideration.
CS FOR HOUSE BILL NO. 137(FIN) am
"An Act raising certain fees related to sport fishing,
hunting, and trapping; relating to the fish and game
fund; providing for the repeal of the sport fishing
surcharge and sport fishing facility revenue bonds;
replacing the permanent sport fishing, hunting, or
trapping identification card for certain residents
with an identification card valid for three years;
relating to hunting and fishing by proxy; relating to
fish and game conservation decals; raising the age of
eligibility for a sport fishing, hunting, or trapping
license exemption for state residents; raising the age
at which a state resident is required to obtain a
license for sport fishing, hunting, or trapping; and
providing for an effective date."
8:08:43 AM
Vice-Chair Micciche MOVED to ADOPT the committee substitute
for CSHB 137(FIN)am, Work Draft 29-LS0625\T (Bullard,
4/14/16). There being NO OBJECTION, it was so ordered.
Co-Chair MacKinnon OBJECTED for DISCUSSION.
8:08:57 AM
ERIN SHINE, STAFF, SENATOR ANNA MACKINNON, explained the
changes made by the committee substitute. She noted the
deletion in the title of sockeye stamp language, as well as
the addition of language establishing certain special
hunting and fishing licenses and permits for residents with
developmental disabilities.
8:09:35 AM
Co-Chair MacKinnon clarified that language referring to the
sockeye salmon stamp had been removed throughout the bill.
Ms. Shine replied in the affirmative.
8:09:43 AM
Ms. Shine spoke to Page2, line 16, which reflected the
change in the age limit from 65, to 60, for a permanent
identification.
8:10:04 AM
Co-Chair MacKinnon asked whether the change reflected
current statute.
Ms. Shine replied in the affirmative.
8:10:10 AM
Ms. Shine stated that the resident hunting and trapping
license on Page4, line 11, had been changed from $60 to
$55.
8:10:28 AM
Co-Chair MacKinnon interjected that the license was a dual
one and the change was meant to provide an incentive for
purchasing the licenses together.
Ms. Shine agreed.
8:10:38 AM
Ms. Shine addressed said that the next change could be
found on Page 4, line 15; the resident hunting and sport
fishing license had previously been $60, and was now $50.
Additionally, line 17 reflected that the resident hunting,
trapping, and sport fishing license was now $75, down from
$80. She furthered that Section 9 had been deleted from the
bill, which spoke to non-annual sport fishing licenses. She
relayed that Page 5, line 14 had been changed to reflect
that the tag must be affixed before leaving the kill site,
rather than immediately upon capture. Line 28 of the same
page reflected that the tag fee for a wolf had been raised
from $30 to $60. She continued to Page 6, line 13, which
reflected a conforming amendment, lowering the senior age
from 65 to 60.
8:12:03 AM
Ms. Shine pointed out to the committee Page 6, line 26,
which reflected change that the tag must be affixed to the
animal before leaving the kill site, rather than
immediately upon capture. She continued to Page 7, line 12,
which listed that the tag for a wolf was raised from $50 to
$100 for non-residents. The same page, line 27, reflected
that the resident king salmon tag had been lowered to the
current statute level of $10. She turned to Page 8, line
three, which reflected the lowering of the senior age to
60. The king salmon tag for non-residents had been reduced
from $150 to $100, and was in current statute. Section 21
from the previous version, referring to the resident
sockeye salmon tag, had been removed from the version. She
continued to Page 9, section 22, and explained that a
sentence which had read, "Those programs, and they include
fish and wildlife viewing, fish and wildlife education, and
programs relating to fish and wildlife diversity." had been
deleted from the section. She noted the conforming
amendment of on Page 10, line 4, which lowered the senior
age to 60. She said that Section 25, on page 10, had been
inserted and contained conforming language from a floor
amendment in the other body that had been adopted for
disabilities. She stated that Section 30 on page 12 also
contained the conforming amendment to the floor amendment
adopted by the house. She noted the next change on Page 13,
line 24, where a repealer date of December 31, 2022 had
been added.
8:14:54 AM
Co-Chair MacKinnon WITHDREW the OBJECTION. There being NO
OBJECTION, the proposed committee substitute was adopted.
8:15:16 AM
Ms. Shine stated that there may be technical amendments in
the future to ensure a clean bill.
Co-Chair MacKinnon agreed.
CSHB 137(FIN)am was HEARD and HELD in committee for further
consideration.
HOUSE BILL NO. 254
"An Act extending the termination date of the Big Game
Commercial Services Board; and providing for an
effective date."
8:16:00 AM
Vice-Chair Micciche MOVED to ADOPT the committee substitute
for HB 254, Work Draft 29-LS1309\W (Bruce, 4/14/16). There
being NO OBJECTION, it was so ordered.
Co-Chair MacKinnon OBJECTED for DISCUSSION.
8:16:35 AM
REPRESENTATIVE DAVE TALERICO, SPONSOR, stated that he was
satisfied with the version of HB 137 that had been adopted
by the committee.
8:17:15 AM
AT EASE
8:17:29 AM
RECONVENED
HOUSE BILL NO. 254
"An Act extending the termination date of the Big Game
Commercial Services Board; and providing for an
effective date."
8:17:29 AM
ERIN SHINE, STAFF, SENATOR ANNA MACKINNON, discussed the
changes in the current bill version. She pointed to Page 1,
line 8, which required the big game commercial services
board to report to the legislature by August 31, 2016,
detailing how they would become financially solvent by
December 31, 2019. She noted that the sunset date remained
2019.
Co-Chair MacKinnon WITHDREW the OBJECTION. There being NO
OBJECTION, the proposed committee substitute was adopted.
8:18:29 AM
REPRESENTATIVE LOUISE STUTES, SPONSOR, testified that she
was satisfied with the cs before the committee. She
reference a support letter in member's packets that spoke
to any financial concerns held by the committee. (copy on
file).
HB 254 was HEARD and HELD in committee for further
consideration.
Co-Chair MacKinnon announced that amendments for any of the
bills heard during the meeting were due by 4PM.
CS FOR HOUSE BILL NO. 156(EDC) am
"An Act relating to the duties of the State Board of
Education and Early Development, the Department of
Education and Early Development, school boards, and
school districts; relating to public school curriculum
and assessments; relating to compliance with federal
education laws; relating to public school
accountability; relating to a statewide assessment
plan and review of education laws and regulations; and
providing for an effective date."
8:20:53 AM
REPRESENTATIVE WES KELLER, SPONSOR, relayed that he was
available to walk through the bill and answer questions.
8:21:29 AM
Co-Chair MacKinnon queried the intent of the legislation
and requested a sectional analysis.
8:21:44 AM
Representative Keller explained that the bill would provide
a two year break in standardized testing, which would allow
the State Board of Education to review the assessment of
the states and Title 14, in light of the Every Student
Shall Succeed Act. He note that other states had passes
similar legislation.
8:23:11 AM
Representative Keller outlined the Sectional Analysis (copy
on file):
Section 1. Requires local school boards to adopt
policies allowing parents to withdraw their children
from any activity, class, program, or standards-based
assessment required by the state to which the parent
objects.
Section 2. Exempts curricula and materials for sexual
abuse and sexual assault awareness and prevention
training and for dating violence and abuse awareness
and prevention training from the definition of 'human
reproduction or sexual matters."
8:23:53 AM
AT EASE
8:27:14 AM
RECONVENED
8:27:17 AM
Representative Keller continued to address the sectional
analysis:
Section 3. Requires the Department of Education and
Early Development (the department) to include a
performance designation for the state public school
system in its annual report entitled "Alaska's Public
Schools: A Report Card to the Public."
Section 4. Requires the department to inform each
school district of the performance designation
assigned to the state public school system.
Section 5. Requires the process for assigning
performance designations to include a comparison of
the state public school system to public schools in
other states. Section 5 also removes the department's
obligation to implement measures necessary to conform
to federal law in providing for the student assessment
system and process for assigning performance
designations under AS 14.03.123.
Section 6. Requires improvement plans for schools with
low performance designations to include measures that
increase local control of education and parental
choice and that do not require a direct increase in
state or federal funding for the school or district.
Section 7. Modifies the criteria for recognizing
schools that receive a high performance designation to
require that the school demonstrate an improvement
over the school's performance designation for the
previous year.
Section 8. Removes the requirement for the department
to implement 20 U.S.C. 6301 - 7941 (Elementary and
Secondary Education Act of 1965, as amended) in the
accountability system for schools and districts
required under AS 14.03. 123(f). Section 8 also
requires the department to select student assessments
with the input of teachers and school administrators.
8:30:33 AM
Co-Chair MacKinnon asked if the exemption from federal law
in Section 8 could result in the loss of federal education
funds.
Representative Keller replied that the bill did not exempt
the state from federal law, but took out language that the
state would implement federal law. He said that the law
would not be implemented without public policy discussion
with the legislature. He stressed that the bill did not
exempt the state from federal law.
8:31:43 AM
Representative Keller looked at Section 10:
Section 10. Adds a new section prohibiting the
department from requiring a school district or school
to administer a statewide standards-based assessment
after July 1, 2017, and before July 1, 2019. Requires
the department to create a plan for developing or
selecting statewide assessments that are approved by
school districts for administration no later than the
school year beginning in 2020. Requires the department
to submit a report to the legislature on or before
January 1, 2018, describing the assessment plan and
making recommendations for changes in education laws
or regulations that would allow school districts
greater control over education policy in light of the
enactment of the Every Student Succeeds Act, P.L. 114-
95.
Section 11. Amends AS 14.08.111 to remove a
requirement to establish procedures for crisis
intervention training under AS 14.33.127 from the
duties of regional school boards.
Section 12. Amends AS 14.08.111, as amended by a
session law, to remove a requirement to establish
procedures for crisis intervention training under AS
14.33.127 from the duties of regional school boards.
Section 13. Amends AS 14.14.090 to remove a
requirement to establish procedures for crisis
intervention training under AS 14.33.127 from the
duties of school boards.
Section 14. Amends AS 14.08.111, as amended by a
session law, to remove a requirement to establish
procedures for crisis intervention training under AS
14.33,127 from the duties of school boards.
Section 15. Amends AS 14.16.020 to remove a
requirement to establish procedures for crisis
intervention training under AS 14.33.127 from the
duties of regional school boards.
Section 16. Amends AS 14.16.020, as amended by a
session law, to remove a requirement to establish
procedures for crisis intervention training under AS
14.33.127 from the duties of regional school boards.
8:33:04 AM
Co-Chair MacKinnon requested further clarification on
sections 11 through 16.
8:33:09 AM
Representative Keller responded that the sections began on
Page 8, line 27 of the bill. He noted that the only changes
to the sections was the deletion of the reference to
require crisis training.
8:34:39 AM
AT EASE
8:35:11 AM
RECONVENED
8:35:17 AM
Representative Keller continued to read from the sectional
analysis:
Section 17. Allows school districts to require
physical examinations of teachers, but provides that
school districts are not required to pay for the
physical examinations.
Section 18. Adds a new section providing that only
certified teachers may teach classes in sex education,
and that curriculum and materials for sex education
classes must be approved by the school board and
available for parents to review.
Section 19. Amends AS 14.30.362, added by a session
law, to provide that suicide awareness and prevention
training must be provided to each teacher,
administrator, counselor, and specialist who is
employed by the district or the department to provide
services to students.
Section 20. Amends AS 36.30.850(b) to exempt
department contracts for student assessments from the
state procurement code.
Section 21. Repeals AS 14.17.520, which relates to
minimum expenditure for instruction.
Section 22. Repeals AS 14.07.175, added by sec. 10 of
the bill, on July 1, 2020.
Section 23. Repeals sec. 4, ch. 2, SSSLA 2015, which
amended AS 14.03.110(a), relating to questionnaires or
surveys administered in schools.
Section 24. Allows the department to adopt regulations
necessary to implement the Act.
The regulations may not take effect before the
effective date of the law implemented by the
regulations,
Section 25. Provides an immediate effective date for
sec. 24 of the bill.
Section 26. Provides that sections 12, 14, and 16 of
the bill take effect on the effective date of sec. 14,
ch. 2, SSSLA 2015.
Section 27. Provides that section 19 of the bill takes
effective date of sec. 15, ch. 2,
SSSLA 2015.
Section 28. Provides that section 2 of the bill takes
effect on June 30, 2017.
Section 29. Provides that the remainder of the bill
takes effect July 1, 2017.
8:38:15 AM
Senator Olson asked whether there were guidelines for who
could conduct physical exams on teachers.
Representative Keller replied in the negative, and added
that all that bill addressed was that local districts were
allowed to require a physical.
Senator Olson wondered whether a health aid could perform
the physical exam on a teacher if a doctor were not readily
available.
Representative Keller said that he did not know.
Senator Olson spoke to section 18. He testified that, as a
healthcare professional traveling in rural areas, he had
been asked to provide sex education to schools. He asserted
that healthcare professionals have a knowledge of anatomy
and sexually transmitted diseases that was beneficial to
young people. He asked whether he would be able to continue
the practice under the legislation.
Representative Keller expected that an amendment would soon
be offered that would speak to the issue. He asserted that
the intent of the legislation was to ensure that teachers
teaching sexual education were certified, and not to harm
the "process happening in rural Alaska."
Co-Chair MacKinnon withdrew her OBJECTION. There being NO
OBJECTION, it was so ordered.
8:40:49 AM
Co-Chair MacKinnon revealed that there were 2 amendments
ready to be introduced to the committee.
8:41:06 AM
Senator Dunleavy MOVED to ADOPT Amendment 1, 29-LS0566\T.1,
Glover, 4/14/16 (copy on file):
Pagel6, line l0:
Delete "AS 14.20.020"
Insert "AS 14.20"
Page 16, following line 17:
Insert a new bill section to read:
" *Sec. 19. AS 14.30.361, enacted by sec. 18 of this
Act, is amended by adding a new subsection to read:
(c) The requirements under (a) of this section do
not apply to
(1) sexual abuse and sexual assault
awareness and prevention training required
under AS 14.30.355; or
(2) dating violence and abuse awareness and
prevention training required under AS
14.30.356."
Renumber the following bill sections accordingly.
Pagel7, line6:
Delete "Section 24"
Insert "Section 25"
Pagel7, line9:
Delete "Section 19"
Insert "Section 20"
Pagel7, line ll:
Delete "Section 2 of this Act takes"
Insert "Sections 2 and 19 of this Act take"
Pagel7, line l2:
Delete "sees. 25 - 28"
Insert "sees. 26 - 29"
Co-Chair MacKinnon OBJECTED for the purpose of discussion.
8:41:27 AM
CHRISTA MCDONALD, STAFF, SENATOR MIKE DUNLEAVY, spoke to
Amendment 1. The amendment would change AS 14.20.020 to AS
14.20, this would extend the definition of a certified
teacher to include a certified school counselor, school
nurse, or school phycologist. The amendment would insert a
new subsection into AS 14.33.61, and would clarify that the
requirements under the Section 18 did not apply to the
sexual abuse and sexual assault awareness and prevention
training, or the dating violence and abuse awareness and
prevention training required under the Alaska Safe
Children's Act.
8:42:19 AM
Senator Dunleavy interjected that the intent was to
separate sexual abuse education from sexuality education;
to redefine who could teach sexual education.
8:42:58 AM
Co-Chair MacKinnon wondered whether crisis intervention
would be affected by separating sex education and sexual
violence education.
Senator Dunleavy replied that it was not the intent to deny
students crisis intervention education, he reiterated that
the focus of the amendment was to view sex education
through a different lens than sexual assault education.
8:44:18 AM
Co-Chair MacKinnon said she would submit her concerns to
Legislative Legal Division.
8:44:26 AM
Senator Olson expressed concern that he, as a healthcare
professional, would be unable to teach youth in small rural
communities about sex education.
Senator Dunleavy replied that the current language
specified that only certified teachers could teach sex
education in schools. He felt that Senator Olson raised a
good question. He reiterated that the goal was to ensure
that anything and everything that was happening in the
classroom regarding sex education had been vetted by a
school board, materials had been adopted by a school board,
the public had been notified, and that there were "no
surprises" as to what was being taught in the classes.
8:46:21 AM
Co-Chair MacKinnon informed the committee that people were
waiting to testify on the bill.
8:46:36 AM
Vice-Chair Micciche supported curriculum that was reviewed
by the school board. He believed that the amendment
provided for parental input. He said that he was trying to
understand the best way to limit who could teach the
course. He spoke to SB 89, which he supported, and also
supported the amendment.
8:48:49 AM
Co-Chair MacKinnon WITHDREW the OBJECTION. There being NO
OBJECTION, Amendment 1 was adopted.
8:48:57 AM
MOVED to ADOPT Amendment 2, 29-LS0566\T.2, Mischel\Glover,
4/14/16(copy on file):
Page 8, line 9, following "contrary,":
Insert "and except as provided in (d) of this
section,"
Page 8, following line 25:
Insert a new subsection to read:
"(d) The department shall require a school
district or school to administer a statewide
standards-based assessment after July 1,
2016, and before July 1, 2018, if the United
States Department of Education provides
notice that the United States Department of
Education intends to withhold all or a
portion of the state's federal education
funding as a result of the department's
compliance with (a) - (c) of this section."
Reletter the following subsection accordingly.
Co-Chair MacKinnon OBJECTED for the purpose of discussion.
8:49:14 AM
Representative Keller explained that he had been in
telephonic discussions with the United States Department of
Education in order to understand any consequences for non-
compliance with federal law. He shared that the department
had listed potential funds that could be withheld if the
state failed to comply with federal law. He said that the
federal government would assess whether or not the state
was in compliance, which would lead to negotiations as to
how to handle the situation. He said that the bill aimed to
improve the testing program, which the federal government
supported.
8:51:52 AM
Senator Dunleavy interjected that the federal government
had never been clear of potential sanctions that would
apply to the state if it were found to be out of
compliance. He spoke to the failure of recent statewide
standardized tests, which had been the fault of the vendor.
He believed that the amendment would alleviate concerns
that the state was rebelling against the federal government
in terms of education.
8:53:29 AM
Co-Chair MacKinnon noted that there were 30 Alaskans
currently waiting to testify on the issue.
8:53:31 AM
Senator Bishop felt that the amendment would pressure the
state to procure a test quickly.
8:53:53 AM
Representative Keller replied that the amendment was a way
to ensure that the state did not lose federal funds for
non-compliance.
Co-Chair MacKinnon Co-Chair MacKinnon WITHDREW the
OBJECTION. There being NO OBJECTION, Amendment 2 was
adopted.
Co-Chair MacKinnon OPENED public testimony.
8:55:28 AM
REPRESENTATIVE LORA REINBOLD, CO-SPONSOR OF THE BILL,
JUNEAU, testified in support of the legislation. She
asserted that the Alaska Measures of Progress (AMP) testing
had been a debacle. She said that the assessments had never
proven to be fair, valid or reliable. She opined that
school districts had been held accountable to the
assessments. She opined that the tests were expensive and
wasted classroom time. She relayed that that the tests not
lead to improvement in class room teaching. She revealed
that Section 2 was her favorite part of the bill. She
offered several examples of the stymieing of parental
rights by schools across the state.
8:58:39 AM
Representative Reinbold spoke in opposition to Amendment 2.
8:59:49 AM
HENRY SCHILDBACH, SELF, ANCHORAGE (via teleconference),
testified in strong opposition to HB 156. He relayed that
he was a member of a group that was trained in working with
other teens on topics ranging from sexual and reproductive
health to healthy relationships. He said that the goal of
the education was prevention, and highlighted that Alaska
had no standardized sexual health education. He relayed
that less than one-fourth of Alaska's schools taught
recommended HIV, STD, and pregnancy prevention in the 2013-
2014 school year. He stated that Alaska ranked 47th in
sexual health education in the country, while ranking 1st
in cases of chlamydia and teen pregnancy. He expressed
disappointment with the portions of the bill that would
intentionally target Planned Parenthood. He asserted that
studies had consistently shown that comprehensive sex
education, like the kind offered by Teen Council and
Planned Parenthood, was effective in the reduction of STDs,
delaying the start of sexual activity, and lower teen
pregnancy rates. He argued that teachers and school
districts relied on Planned Parenthood, as well as doctors,
nurses, and other community members, who would be banned
from entering schools to teach anything related to sexual
education, human reproduction, or human sexuality. He
furthered that resources such as Standing Together Against
Rape (STAR) and Abused Women Aid In Crisis (AWAIC) would be
banned from entering schools and providing knowledge to
students.
9:02:02 AM
MICAH PERINO, SELF, ANCHORAGE (via teleconference),
testified in opposition of the legislation. He felt that
the bill would eliminate the possibility of certain
organizations to visit and teach in schools. He relayed
that students needed access to organizations that provided
awareness for matters related to human sexuality and abuse
and that could offer help, safety, and security. He pointed
out to the committee that the certified teachers in schools
had enough work with their annual lessons and should not be
burdened with creating a sexual education curriculum. He
felt that requiring teachers to teach on subjects that they
were not experts on would result in the dissemination of
inaccurate information, which could lead to higher rates of
STIs, STDs, teen pregnancy, teen abortion, and suicide.
9:03:59 AM
SAMANTHA SAVAGE, SELF, FAIRBANKS (via teleconference),
spoke against the legislation. She expressed frustration
that the legislature was ignoring the will of the people of
Alaska by continuing push the agenda of SB 89, as an
amendment in HB 156. She voiced concern for Section 18, and
Amendment 1. She believed that the amendment would restrict
access to sexual education by making it impossible for
anyone qualified in the field to teach classes in schools.
She noted that high rates of sexually transmitted diseases,
teen pregnancy, and intimate partner violence and sexual
assault. She asserted that the bill would put barriers
between students and the education that they needed to make
safe decisions. She believed that sexual assault and
intimate partner violence was not separate from
reproductive health, and that Planned Parenthood was
particularly targeted by the bill. She reiterated that
Alaska led the nation in preventable reproductive health
issues, and that students deserved comprehensive and
medically accurate sex education, from experts.
9:06:07 AM
PAMELA SAMASH, SELF, NENANA (via teleconference), spoke in
support of the legislation. She expressed her concern for
dwindling parental rights in the state. She felt that if
the government did not care about parental rights then she
should remove her daughters from public school.
9:08:29 AM
JESSICA GRAY, SELF, ANCHORAGE (via teleconference), spoke
in opposition to the legislation. She shared that she was a
registered nurse, trained as an educator. She contended
that trained healthcare providers were the most qualified
people to teach sexual and reproductive education in
schools. She said that all healthcare providers were
trained as educators and that education was in integral
part of the protection and improvement of the health of
patients. She felt that it was foolish to reduce
educational resources available to students, particularly
during the current fiscal climate, and especially in rural
communities. She offered several statistics from the Center
for Disease Control's 2015 Alaska Health Profile. She
charged the committee to oppose the legislation and the
associated amendments.
9:10:16 AM
CAROLINE STORM, SELF, ANCHORAGE (via teleconference),
testified against the bill. She echoed previous opposition
to the legislation. She warned that failure to meet federal
standardized testing requirements could jeopardize federal
funding for education in the state. She stressed that
limiting who was allowed to provide education was a direct
attack on the health and safety of young adults in the
state who did not have the luxury of a loving family to
guide them.
9:12:15 AM
ELISE BOYER, SELF, HOMER (via teleconference), spoke
against the bill, particularly Section 18. She felt that
knowledge would prepare young people to enter into the work
as functional adults. She spoke to the peer health program
in her town, which provided students with factual
information in a safe environment. She relayed that parents
already reserved the right to remove their children from
sexual education classes.
9:14:16 AM
MARY LOU KELSEY, SELF, HOMER (via teleconference),
testified against HB 156 as amended in Section 18, and
Amendment 1. She said that she had taught human sexuality
and reproductive health in middle school, high school, and
at the local fire hall, and was her area of practice and
expertise. She felt that the information she taught to
students was lifesaving. She expressed concern that the
Amendment would ban reproductive health professionals,
local peer educators, and other community health
professionals from educating young people. She pled with
the committee not to use the excuse of parental rights to
interfere with the rights of students to have accurate and
complete information. She asked the committee to
acknowledge the fact that most of the state did not support
the legislation.
9:15:42 AM
LILY SPIROSKI, SELF, ANCHORAGE (via teleconference),
testified against the legislation. She reiterated previous
testimony on the merits of Teen Council and Planned
Parenthood, and the importance that comprehensive,
medically accurate sexual health education be available to
youth in Alaska.
9:17:11 AM
KRISTEN DEHAVEN, SELF, ANCHORAGE (via teleconference),
spoked against the legislation. She worried that the bill
would restrict professionals such as doctors, nurses,
pharmacists, and Planned Parenthood and other advocacy and
support groups from helping at-risk teens and minority
groups that needed assistance. She predicted that the
passage of HB 156 would lead to a rise in teen suicide,
teen pregnancy, and STD rates.
9:18:18 AM
TANNER DUNN, SELF, ANCHORAGE (via teleconference),
testified in opposition of the legislation. He believed
that teens needed the medically accurate information,
unique teaching opportunities, and support networks that
the bill would restrict.
9:19:16 AM
DEVRY GARITY, SELF, HOMER (via teleconference), spoke
against the legislation. She spoke as a parent of two
teenagers and a pediatric nurse practitioner. She stressed
the importance of continuing the programs offered through
peer educators teaching high quality, effective sexual
education in schools. She felt that promoting health among
teens (PHAT) had been effective. She contended that teens
turning toward their peers was one of the most valued
resources for guidance. She relayed that the peer education
program was vital for educating teens to be healthy guides
in delivering accurate, high quality information about
topics that could be life changing. She said that teens in
her community that had interfaced with the program were
knowledgeable about health sexual relationships, aware of
STIs, and schooled in the importance of pregnancy
prevention.
9:21:46 AM
KIM SMITH, SELF, HOMER (via teleconference), testified
against the legislation. She offered a brief overview of
her history with the issue of sexual health education. She
offered that Homer had benefited from a peer lead, rigorous
health education program in its schools for over 20 years.
She said that the education in her community was fact bases
and included parental involvement throughout the courses.
She asserted that it was crucial that trusted, educated
sources were available to help young people to learn
healthy decision making. She argued that Amendment 1 would
literally shut down a vital program that employed young
people.
9:24:03 AM
ROBIN SMITH, SELF, ANCHORAGE (via teleconference), spoke
against the legislation. She reiterated previous testimony
that supported peer education in the school setting. She
reminded the committee of the state's grim STI, sexual
assault, and sex abuse statistics, and wondered why the
legislature would restrict communities from using local
resources from providing information about human
reproduction and sexuality, and health relationships. She
echoed previous testimony that parents already reserved the
option to opt out of any health education courses. She
argued that opposing abortion should not lead to denying
high quality sexual education to young people; she
furthered that Senator Dunleavy opposed abortion, which was
why was targeting Planned Parenthood with Amendment 1.
9:27:11 AM
LISA EAGAN-LAGERQUIST, SELF, JUNEAU (via teleconference),
spoke out in opposition to the legislation, particularly
Section 18. She relayed stories of past students that she
had watched struggle with issues related to human sexuality
and sexual abuse. She asserted that the legislation was
misguided, and in the current fiscal climate it was foolish
to limit the resources available to public schools. She
said that teachers were not prepared to teach courses on
human sexuality and students were not comfortable
discussing sexuality with their academic teachers.
9:30:26 AM
DEENA MITCHELL, SELF, ANCHORAGE (via teleconference),
testified in strong opposition to the bill. She worried
that many children in the state did not have strong
familial support and were in need of comprehensive sexual
education. She was thankful that her children had had
access to comprehensive and accurate sexual education,
which would help them to establish health relationships and
engage in respectful, consensual activities. She believed
that the state's deplorable STD, sexual abuse, and sexual
assault statistics could be lowered with comprehensive
education.
9:33:37 AM
KENNI PSENAK LINDEN, SELF, PALMER (via teleconference),
spoke against the legislation. She believed that the bill
would undermine the strides that had been made to improve
education in the state, while jeopardizing federal dollars
for education. She contended that the bill was an attempt
to dismantle and academic culture of inclusivity and the
importance of public education, including sexual health
education. She relayed her personal experience of being
taught sex education by her gym teacher while in school.
She opined that the teacher failed to discuss reproductive
health. She stated that it was not possible to talk about
sexual assault and domestic violence curriculum without
discussing sexual health. She asserted that talking about
consent and healthy relationships was equally as important
as talking about STIs and pregnancy prevention.
9:36:17 AM
LINDA FILE, SELF, FAIRBANKS (via teleconference), testified
in opposition to the legislation. She renounced the bill as
anti- public education and anti-child. She believed that
the issue Amendment 1 attempted to address ignored the
large public opposition to SB 89. She felt that the
legislation was poorly constructed and ideologically based,
and had no place in responsible public policy. She believed
that the bill would fail students and undermine access to
free and appropriate public education. She asserted that
educators had always sought outside expert speakers to
enhance classroom learning.
9:38:37 AM
DANIEL FILE, SELF, FAIRBANKS (via teleconference), spoke in
opposition to the legislation. He expressed concern for
Amendment 1, which he deemed unnecessary, inappropriate,
and restrictive of educator's rights to academic freedom.
He explained that local school districts already had
mechanisms in place for parents and other members of the
public to give input related to all curricula, and that
health education, and sex education specifically, received
the most input. He added that parents already reserved the
option to opt out of any curricula. He shared that many
teachers were uncomfortable teaching the subject matter and
often brought in outside experts to teach sex education. He
emphasized that teachers invited a myriad of professional
experts into the classroom to educate about their
respective fields.
9:40:54 AM
ED GRAY, SELF, SITKA (via teleconference), spoke in support
to the legislation. He spoke out against Planned Parenthood
in schools. He supported the suspension of assessment
testing and the recognition of parental rights inherent in
the bill. He championed certified teachers teaching sexual
education in schools. He expounded that the bill did not
prohibit sex education, but prohibited "pro-abortion"
groups from indoctrinating and sexualizing children.
9:43:32 AM
PAULA TERREL, SELF, JUNEAU (via teleconference), spoke in
opposition to the bill. She shared that she was a retired
teacher, and one who would have been woefully unqualified
to teach sexual education to her students. She averred that
the intent of the bill made little sense and was a clear
attack on Planned Parenthood. She declared that there was
no need for school districts or boards to be involved, and
that the parental opt-out option was already in existence.
She pointed out the irony in railing against interference
on the federal level, while usurping local control of
education. She avowed that Planned Parenthood did not
discuss the issue of abortion when providing sex education;
abortion was not part of their presentation. She urged
members of the committee to combat misinformation by
attending a Planned Parenthood presentation in the schools.
9:46:42 AM
CAROL CLAUSSON, SELF, ANCHORAGE (via teleconference), spoke
against the legislation. She reiterated previous testimony
that sexual education should be taught by health
professionals in schools.
9:47:51 AM
JUDY ANDREE, SELF, JUNEAU (via teleconference), spoke
against the legislation. She recalled testimony from a
previous public hearing on the hearing where a man had
called women, "enticers and entrappers of men." She alleged
that the bill was an anti-choice maneuver and was a "slap
in the face" to women and their health, as well as being a
step backwards for women's rights. She supported that
abortion was a difficult issue, but defended that the inner
thoughts of a woman who was faced with the choice of
whether or not to have an abortion, or the forces that
resulted in the pregnancy, could not be known. She asserted
that because there was no way to know what led a woman to
choose abortion, it was not right to ban an organization
that gave solace and understanding to women in a non-
judgmental way that provided her with options and choices.
She stressed that the conversation should be between a
women and a healthcare provider. She concluded that all
young men and women should be equip with the tools to avoid
an unwanted pregnancy.
9:50:23 AM
ALYSON CURREY, PLANNED PARENTHOOD VOTES NORTHWEST AND
HAWAII, JUNEAU (via teleconference), spoke against the
legislation. She reminded the committee that Alaska fell
far behind in the area of public health. She contended that
the sexual health education that students received in
public schools by traditional, certified teachers was not
proving successful. She explained that in the last year,
less than a quarter of Alaska's schools taught all of the
recommended HIV, STD, and pregnancy prevention topics and
required courses. She relayed that today's youth received
less formal sex education than 15 years ago, a standard
that was creating more barriers to comprehensive, medically
accurate information. She reiterated previous testimony
that public schools rely on all community resources
available to them during the current fiscal climate. She
stated that Planned Parenthood was a community resources
that schools depended on and opined this fourth attempt by
the legislature to keep Planned Parenthood educators out of
schools. She pointed out to the committee that other school
subjects were allowed to invite outside instructors, with
no teaching certificates, to supplement learning in the
classroom, sex education had been singled out and treated
differently without evidence based reason. She declared
that Amendment 1 did nothing to improve public health, did
not increase access to quality sex education, and did not
help already financially struggling school districts. She
concluded that Planned Parenthood was committed to working
together with community partners, and the legislature, to
endure that Alaska's youth had access to the information
and resources needed to stay healthy and safe.
9:52:48 AM
AT EASE
9:53:12 AM
RECONVENED
9:53:16 AM
Co-Chair MacKinnon clarified that the cs that had been
introduced at the beginning of the meeting did not
currently include Amendment 1, which the committee had
adopted. Another cs would be drafted that incorporated the
amendment and that version would be brought before the
committee at the next bill hearing.
9:53:56 AM
BUTCH MOORE, SELF, BIG LAKE (via teleconference), spoke
against the legislation. He contended that the legislation
was a rewrite of SB 89. He said that he did not support the
intent of the bill on the issue of parental consent or
assessment testing. He thought that the possible loss of
federal funds for education was too much of a gamble. He
thought that the bill, as amended, would limit the
education available to youth. He agreed that core curricula
should be taught by certified teachers, but that not
everyone with a teaching degree was qualified to teach
sexual education. He said that students would appreciate
being taught sexual education by a health professional
rather than a school teacher.
9:57:45 AM
DIRK WHITE, PHARMACIST, SITKA (via teleconference), spoke
against the legislation. He testified that he had helped
with health classes in Sitka public schools. He opined that
the legislation would restrict him from bringing his
expertise into the schools. He relayed that he had always
worked in tandem with certified teachers and only while
teachers were present in the classroom. He stated that in
rural areas a nurse or a pharmacist could be the best local
resource for correct and accurate medical information about
medications and the human body.
Co-Chair MacKinnon handed the gavel to Vice-Chair Micciche.
9:59:48 AM
DAVID NEES, SELF, ANCHORAGE (via teleconference), spoke in
support of the legislation. He believed that the bill would
bring the state in line with the other 33 states in the
nation that required HIV/AIDS instruction and the 24 that
required public school sexual education.
Vice-Chair Micciche handed the gavel to Co-Chair MacKinnon.
10:01:56 AM
DOUG KOESTER, SELF, HOMER (via teleconference), spoke in
opposition to the legislation. He shared that he had taught
sexual health in a rural village near Homer within the last
24 hours. He believed that parent's rights was an important
part of sex education. He said that he instructed students
to look to their parents to get information on reproductive
health and healthy relationships. He lamented that not all
students had a healthy home environments. He added that he
gave classes for parents to learn how to teach their
children in a way that they felt comfortable with. He said
that not allowing peer educators to teach in the Kenai
Peninsula would be devastating to the communities.
10:04:14 AM
JESSICA CLER, SELF, ANCHORAGE (via teleconference),
testified against the legislation, specifically Amendment 1
and Section 18. She said that there was already a lack of
access to comprehensive, medically accurate, sexual health
education in the state. She relayed that Alaska had no
state standards for sexual health education, yet had an
epidemic of sexually transmitted infections, the highest
rate of reported rape in the country, and incidents of
child sexual assault rape were 6 times the national
average. She felt that she would have benefited from the
type of education provided by Planned Parenthood concerning
prevention, consent, and healthy relationships. She stated
that at a time when the state's education system was facing
unprecedented budget cuts districts should be encouraged to
use every resource available to educate students, and
should not be limited in options for local programming.
10:06:18 AM
ERIC GLATT, ATTORNEY, AMERICAN CIVIL LIBERTIES UNION OF
ALASKA, ANCHORAGE (via teleconference), spoke against
Section 18 of the legislation. He said that Section 18 of
the bill would be constitutionally problematic because it
would empower school administrators to regulate the speech
of Alaska's students in violation of both the Alaska State
Constitution and the Constitution of the United States. He
said that the intent of Section 18 was school control over
what material student could and could not share with each
other in school when the materials related to sexual
education, which was an unconstitutional regulation of
speech. He believed that litigation, which would be of cost
to the state, could be avoided by not passing the
legislation.
10:08:00 AM
Senator Dunleavy felt that there were many misconceptions
and fallacies reflected within the public testimony. He
argued that the Division of Legislative Legal had vetted
the section and had found no constitutional infractions. He
contended that the state was within its rights to legislate
certificate requirements and qualifications for those that
taught in the state.
10:08:48 AM
WILLIAM DEATON, SELF, CORDOVA (via teleconference), spoke
in support of the legislation. He expressed support for
parental rights. He opined the connection between Planned
Parenthood and legally accessible abortion. He claimed that
Planned Parenthood performed 902 abortions, per day, in
2009.
10:10:42 AM
MIKE COONS, SELF, PALMER (via teleconference), spoke in
support of the legislation. He believed that Planned
Parenthood teaching sexual health curriculum in schools
would lead to the "liberalization" of students and
teachers. He warned that Planned Parenthood taught students
to be tolerant of "abhorrent" sexual practices, such as,
bestiality, homosexuality, and cross-dressing.
10:12:39 AM
ARLENE RONDA, SELF, HOMER (via teleconference), spoke
against the proposed Section 18. She said that experience
had shown her that parents were granted significant input
into school curriculum. She stressed that parents had
always maintained an opt-out option for any curriculum
offered in Alaska's schools. She expressed concern for the
restrictive nature of Section 18. She echoed previous
testimony in opposition to the legislation.
10:14:33 AM
TERRIE GOTTSTEIN, SELF, ANCHORAGE (via teleconference),
spoke against the current version of the legislation. She
reiterated previous testimony in opposition of the bill.
She felt that restricting access to medically accurate
sexual health information, in light of Alaska's staggering
STI statistics, was irresponsible. She categorized the
amendment by Senator Dunleavy as playing politics with
children's education. She believed that bill of this nature
were meant to be a diversion from the state's fiscal
crisis.
Zoey Story, Self, Homer (via teleconference), testified
that she had taught sexual health education and healthy
relationship classes as a peer educator in high school. She
spoke out against the legislation.
10:18:29 AM
AT EASE
FIX TIMESTAMP
RECONVENED
FIX TIMESTAMP
WILLIE LEWIS, SELF, ANCHORAGE (via teleconference), spoke
against Amendment 1 and Section 18. He opined the influence
of the Tea Party in Alaska.
FIX TIMESTAMP
PETE HOEPFNER, CORDOVA SCHOOL DISTRICT, CORDOVA (via
teleconference), spoke against the bill. He stressed the
need for community partners in educating students.
10:23:39 AM
ALYSE GALVIN, SELF, ANCHORAGE (via teleconference), spoke
in opposition to the legislation. She said her children
were currently learning sex education from a Planned
Parenthood educator. She believed that better educated
students made informed decisions. She urged those that
supported the legislation to spend some time in their
children's schools.
10:26:38 AM
SETA KABARANIAN, SELF, ANCHORAGE (via teleconference),
testified in opposition to the bill. She said that many
cultures present in the state did not feel comfortable
discussing sexual matters in the home, which was why sexual
education in schools was necessary.
10:27:57 AM
ANGIE HUTCHINSON, SELF, MAT-SU (via teleconference),
testified in support of the legislation. She spoke in favor
of parents rights.
10:30:49 AM
PAUL D. KENDALL, SELF, ANCHORAGE (via teleconference),
spoke in support and opposition of the legislation. He
believed that a "Women's Agency" should be established and
that males and females should have segregated sexual
education classes. He expressed a fear of the "tearing
apart of the patriarchal rule." He asserted that "young
males and females" were being "gender neutralized" by
school districts.
10:34:06 AM
APRIL SMITH, SELF, NORTH POLE (via teleconference), spoke
in support of the legislation, but encouraged the committee
to remove Section 18. She thought that removing the section
would allow for the bill to pass. She advocated for
parental rights.
10:35:48 AM
JANET PASTERNAK, ALASKA NURSES ASSOCIATION, ANCHORAGE (via
teleconference), testified against the legislation. She
asserted that children who did not receive adequate sexual
education in school grew up to be ignorant adults who
relied on the state to manage their sexual health. She
argued that limiting access to information would cost the
state money.
10:38:01 AM
DONNA BERAN, SELF, HOMER (via teleconference), spoke
against the legislation. She reiterated previous testimony
in apposition to the bill. She believed in providing
education to children from a young age would benefit
because perpetrators were often victims of sexual assault
as young children.
10:41:10 AM
TIM ROBINSON, SELF, WASILLA (via teleconference), testified
against the bill, and provided a sarcastic testimony themed
on government overreach.
10:42:58 AM
CAROLINE AHRENS, SELF, ANCHORAGE (via teleconference),
testified against the current legislation, specifically
Section 18. She opined that funding for education was
limited. She contended that parental rights should be
satisfied with the availability to opt-out of classes. She
spoke of the merits of having Planned Parenthood teaching
in schools.
10:46:29 AM
KATE FINN, SELF, ANCHOR POINT (via teleconference),
testified against Section 18 of the legislation. She
reiterated previous testimony that parents already had the
opt-out option.
Co-Chair MacKinnon CLOSED public testimony.
CSHB 156(FIN)am was HEARD and HELD in committee for further
consideration.
ADJOURNMENT
10:49:37 AM
The meeting was adjourned at 10:49 a.m.