03/16/2011 01:30 PM Senate HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB82 | |
| SB15 | |
| SB8 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 82 | TELECONFERENCED | |
| *+ | SB 15 | TELECONFERENCED | |
| *+ | SB 8 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
March 16, 2011
1:35 p.m.
MEMBERS PRESENT
Senator Bettye Davis, Chair
Senator Dennis Egan
Senator Johnny Ellis
Senator Kevin Meyer
Senator Fred Dyson
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Representative Les Gara
COMMITTEE CALENDAR
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 82
"An Act relating to the procedures and jurisdiction of the
Department of Health and Social Services for the care of
children who are in state custody; relating to court
jurisdiction and findings pertaining to children who are in
state custody; and modifying the licensing requirements for
foster care."
- MOVED CSSSSB 82(HSS) OUT OF COMMITTEE
SENATE BILL NO. 15
"An Act relating to penalties for certain alcohol offenses
involving persons under 21 years of age committed by a sex
offender or child kidnapper."
- MOVED CSSB 15(HSS) OUT OF COMMITTEE
SENATE BILL NO. 8
"An Act relating to questionnaires and surveys administered in
the public schools."
- MOVED SB 8 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 82
SHORT TITLE: FOSTER CARE LICENSING/STATE CUSTODY
SPONSOR(s): SENATOR(s) DAVIS
02/04/11 (S) READ THE FIRST TIME - REFERRALS
02/04/11 (S) HSS, JUD
03/11/11 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
03/11/11 (S) HSS, JUD
03/14/11 (S) HSS AT 1:30 PM BUTROVICH 205
03/14/11 (S) Heard & Held
03/14/11 (S) MINUTE(HSS)
03/16/11 (S) HSS AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 15
SHORT TITLE: SEX OFFENDER/UNDERAGE ALCOHOL OFFENSE
SPONSOR(s): SENATOR(s) MEYER
01/19/11 (S) PREFILE RELEASED 1/7/11
01/19/11 (S) READ THE FIRST TIME - REFERRALS
01/19/11 (S) HSS, JUD
03/16/11 (S) HSS AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 8
SHORT TITLE: STUDENT QUESTIONNAIRES AND SURVEYS
SPONSOR(s): SENATOR(s) DAVIS
01/19/11 (S) PREFILE RELEASED 1/7/11
01/19/11 (S) READ THE FIRST TIME - REFERRALS
01/19/11 (S) EDC, HSS
02/16/11 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
02/16/11 (S) Scheduled But Not Heard
02/21/11 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
02/21/11 (S) Heard & Held
02/21/11 (S) MINUTE(EDC)
02/25/11 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
02/25/11 (S) Heard & Held
02/25/11 (S) MINUTE(EDC)
02/28/11 (S) EDC RPT 3DP 2NR
02/28/11 (S) DP: THOMAS, DAVIS, FRENCH
02/28/11 (S) NR: MEYER, STEVENS
02/28/11 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
02/28/11 (S) Moved SB 8 Out of Committee
02/28/11 (S) MINUTE(EDC)
03/16/11 (S) HSS AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
CELESTE HODGE, Staff to Senator Davis
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented SB 82 for sponsor, Senator Davis.
SENATOR KEVIN MEYER
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of SB 15.
CHRISTINE MARISIGAN, Staff to Senator Meyer
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented SB 15 for sponsor, Senator Meyer.
TONY NEWMAN, Program Officer
Division of Juvenile Justice
Department of Health and Social Services
Juneau, AK
POSITION STATEMENT: Answered questions regarding SB 15.
KATE BURKHARDT, Executive Director
Advisory Board on Alcohol and Drug Abuse
Juneau, AK
POSITION STATEMENT: Testified in support of SB 15.
SHALON HARRINGTON, Legislative Liaison
Department of Corrections
Juneau, AK
POSITION STATEMENT: Answered questions regarding SB 15.
THOMAS OBERMEYER, Staff to Senator Davis
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented SB 8 for sponsor, Senator Davis.
WARD HURLBURT, Director
Division of Public Health
Chief Medical Officer
Department of Health and Social Services
Anchorage, AK
POSITION STATEMENT: Answered questions regarding SB 8.
EMILY NENON
Alaska Government Relations Director
American Cancer Society Cancer Action Network
POSITION STATEMENT: Testified in support of SB 8.
PETER HOEPFNER, President
Cordova School Board
Cordova, AK
POSITION STATEMENT: Testified in support of SB 8.
RYAN KAUFMAN, representing himself.
Sitka, AK
POSITION STATEMENT: Testified in support of SB 8.
BRUCE JOHNSON, Executive Director
Alaska Council of School Administrators
Juneau, AK
POSITION STATEMENT: Testified in Support of SB 8.
CHRISTINA VAN CLEEVE
Alaska School Nurses Association
Juneau, AK
POSITION STATEMENT: Testified in support of SB 8.
ACTION NARRATIVE
1:35:13 PM
CHAIR BETTYE DAVIS called the Senate Health and Social Services
Standing Committee meeting to order at 1:35 p.m. Present at the
call to order were Senators Meyer, Ellis, Dyson, Egan, and Chair
Davis
SB 82-FOSTER CARE LICENSING/STATE CUSTODY
1:37:12 PM
CHAIR DAVIS announced the first order of business would be SB
82, the foster care bill. [SSSB 82 was before the committee.]
SENATOR EGAN moved to adopt the proposed committee substitute
(CS) for SSSB 82, labeled 27-LS0500\D, as the working document.
CHAIR DAVIS objected for discussion purposes.
CELESTE HODGE, staff to Senator Davis, said there are only three
minor changes in the CS. On page 5, line 10, delete "the" and
insert, "Unless the child, department, and guardian ad-litem
agree to release from custody without a motion and with less
than 30 days' notice, the". The justification for this change is
that it would allow for release from custody in less than 30
days if the youth, the state, and the guardian ad-litem all
agree. On page 6, following line 2, insert a new subsection to
read, "In this section, another planned permanent living
arrangement (APPLA) means a permanent living arrangement for a
child who is committed to the custody of the department under AS
47.10.080, that is an alternative to permanent placement with an
adult family member and to unification, adoption, and legal
guardianship." Page 6, lines 11-13, delete all material. This
was done to avoid conflict between the OCS worker who is trying
to find placement and the licensing worker who is trying to
follow the rules. Then renumber the following paragraphs
accordingly.
1:39:17 PM
CHAIR DAVIS closed public testimony and removed her objection.
SENATOR DYSON asked if the department agreed with the changes.
TRACY SPARTZ-GAMBELL Deputy Director, Office of Children's
Services Department of Health and Social Services (DHSS), said
the department had no objection to the proposed changes.
SENATOR EGAN moved to report CSSSSB 82, version D, from
committee with individual recommendations and accompanying
fiscal notes. Without objection, CSSSSB 82(HSS) moved from the
Senate Health and Social Services Standing Committee.
At ease from 1:41 p.m. to 1:42 p.m.
SB 15-SEX OFFENDER/UNDERAGE ALCOHOL OFFENSE
1:42:38 PM
CHAIR DAVIS announced the next order of business would be SB 15.
SENATOR EGAN moved to adopt the proposed committee substitute
(CS) for SB 15, labeled 27-LS0119/I, as the working document.
CHAIR DAVIS objected for discussion purposes.
SENATOR KEVIN MEYER, sponsor of SB 15, said there are people who
will furnish alcohol to minors in return for sexual favors. This
should not be tolerated. The lure of alcohol is a way for sex
traffickers to kidnap children. This bill says if a person is
convicted of buying alcohol for a minor, and also has a history
of being a sex offender or child kidnapper, the penalty is upped
by one step.
CHRISTINE MARISIGAN, Staff to Senator Meyer, said the intent of
the bill is to provide aggravated penalties for sex offenders or
child kidnappers who provide alcohol to minors. There are two
substantive changes in the CS. Page 1, lines 5 and 6, explicitly
outline which alcohol penalties are included. These are AS
04.16.051, which is the furnishing or delivering of alcoholic
beverages to persons under the age of 21; AS 04.16.055, which
includes the offense of renting rooms for the purpose of
providing alcoholic beverages to minors; and AS 04.16.057 which
refers to possessing alcohol in a dwelling. The other
substantive change is on page 2, lines 6 and 7, which explicitly
sets out the definitions of sex offender and child kidnapper.
1:47:05 PM
SENATOR DYSON said he liked the changes in the CS and assumed
the definitions referred to convicted criminals.
MS. MARISIGAN affirmed that was correct.
1:47:59 PM
TONY NEWMAN, Program Officer, Division of Juvenile Justice,
Department of Health and Social Services (DHSS), said the
definitions do apply to convicted sex offenders.
1:48:41 PM
KATE BURKHARDT, Executive Director, Advisory Board on Alcoholism
and Drug Abuse, Department of Health and Social Services (DHSS),
said the board is a statutory advisory body, and she does not
speak on behalf of DHSS. The advisory board supports SB 15.
Young people who choose to use alcohol do receive it more often
than not from an older person. According to the 2009 Youth Risk
Behavior Survey, one-third of students using alcohol said they
received it from another person. It is important to note that in
alternative high schools, students reported that about 28
percent had procured alcohol from an adult. Unlike traditional
high school students, young women in alternative high schools
are disproportionately receiving alcohol from adults. We know
that alcohol and other drugs are indicated in the exploitation
of minors.
1:51:46 PM
SENATOR MEYER said there was a letter from the Alaska Peace
Officers Association in support of the bill.
SENATOR DYSON asked if the Department of Law (DOL) and the
courts had any objections.
SENATOR MEYER said they had met with DOL, and they helped write
the bill but did not take a position.
CHAIR DAVIS asked about the fiscal note.
1:53:29 PM
SHALON HARRINGTON, Legislative Liaison, Department of
Corrections (DOC), said that DOC went back over the last 15
years and looked at the number of offenders who were charged as
sex offenders with a second offense of providing alcohol to
minors. The average was 3.5 per year. Looking at those numbers
and with elevated charges, this would result in an increase of
122 man days for a class A misdemeanor. If this charge was
elevated, the average would go to 336 days. Multiplied by the
number of offenders, this would give an increase of 860 days per
year. With a daily cost of care of $106.44, the total financial
impact would be $117,308. For a class c felony, the increase
would result in 1,095 days per year, multiplied by 3.5,
resulting in 2,579 days per year, with a total cost of $351,924.
This explains the fiscal note.
1:56:52 PM
SENATOR MEYER said, "That means at least seven people every year
that are known sex offenders that are buying for minors".
MS. HARRINGTON responded it is an average of seven per year. So
there could be years with ten or years with two.
SENATOR MEYER said that number shows the need for this bill, but
noted he did not understand the fiscal note. It seemed
excessive. He also questioned how DOC can know precisely how
many they will have each year. Obviously there will be an
increased cost, but the fiscal note should be indeterminate. DOL
said that prosecutors won't necessarily go for the higher
sentencing, but this gives them the flexibility to do so.
MS. HARRINGTON replied that DOC had not met with the Department
of Law. They based their calculations on the number of
individuals charged with both offenses. These numbers are based
on average sentences. DOC could revisit the fiscal note and talk
with DOL.
2:00:38 PM
SENATOR MEYER said that would be good.
MS. HARRINGTON said the additional increase over two years would
be due to overlapping inmates.
SENATOR MEYER noted the conviction for a class C felony would be
most likely; it is an automatic sentence.
MS. HARRINGTON answered the average sentence is 365 days.
2:02:28 PM
DOUG WOOLIVER, Administrative Attorney, Alaska Court System,
said the sentencing would be for offenders who have a prior
felony conviction. This would make them second felony offenders.
SENATOR MEYER responded that if a person who was convicted once
is now buying alcohol to do it again, this shows the need for
this bill. The sentence seems adequate to the crime. He stated
he was concerned about the cost, and would work with DOC to come
up with a revised fiscal note.
CHAIR DAVIS said that question could be handled in Finance.
SENATOR MEYER asked Chair Davis if she would accept a motion to
change the fiscal note.
CHAIR DAVIS answered she was willing to attach a letter, but the
fiscal note would still be the Finance committee's purview.
SENATOR DYSON said he guessed the real fiscal impact would be
significantly less than indicated by the current fiscal note. He
noted the fiscal note could get changed in Judiciary.
CHAIR DAVIS noted the bill had a Judiciary referral.
SENATOR MEYER said that passing it on to Judiciary would be a
good solution.
CHAIR DAVIS said originally there was no fiscal note.
SENATOR MEYER said it definitely needs a fiscal note; it just
needs to be more accurate.
2:09:25 PM
SENATOR EGAN moved to report CS for SB 15, version I, from
committee with individual recommendations and accompanying
fiscal notes. There being no objection, CSSB 15(HSS) moved from
the Senate Health and Social Services Standing Committee.
At ease from 2:09 p.m. to 2:10 p.m.
SB 8-STUDENT QUESTIONNAIRES AND SURVEYS
2:10:59 PM
CHAIR DAVIS announced the next order of business would be SB 8,
an act related to student questionnaires and surveys, sponsored
by Senator Davis.
THOMAS OBERMEYER, Staff to Senator Davis, said SB 8 is an act
relating to student questionnaires and surveys. The purpose is
to increase participation in the national biennial Youth Risk
Behavior Survey (YRBS) in order to meet minimum 60 percent
participation required by the Centers for Disease Control (CDC)
for the survey to be validated for assessment, recording, and
reporting of reliable results. The YRBS will next be
administered in the spring of 2011 and 2013. This survey is
valuable to all aspects of society dealing with youth.
SB 8 would change the parental permission requirement from
active to passive. There is ample time and opportunity for
parents to review the survey. Students may also independently
decline to participate. There is absolute privacy and anonymity.
Failure to return parental consent forms is more often due to a
lack of interest or attention by parents. Schools and other
organizations need the facts and population-based information on
student behavior. The YRSB helps guide important health and
prevention programs; the survey makes it easier to obtain
information on youth risk behaviors.
2:15:39 PM
WARD HURLBURT, Director, Division of Public Health, Chief
Medical Officer, Department of Health and Social Services, said
the governor has concerns about the bill. He said the
administration understands the importance of the information
obtained, but Governor Parnell has always supported the opt-in
provision of current Alaska law. He said the governor has a deep
commitment to strong Alaskan families, and believes that the
current law fosters engagement of parents with their children's
lives.
2:17:50 PM
EMILY NENON, Alaska Government Relations Director, American
Cancer Society Cancer Action Network, said they support the
bill. She has followed the issue for several years. She
researched the 1998 Alaska statute on this issue and the changes
made in the 1999 statute. This bill does not take Alaska back to
where we were before the law was changed. In 1999 the law was
strengthened to protect the privacy of students and families. SB
8 keeps those protections in place. Allowing parents to opt out
rather than actively opt in makes the survey more workable.
2:20:11 PM
PETER HOEPFNER, School Board President, Cordova, testified in
support of SB 8 and said that students are able to answer
honestly. This anonymous and private survey is a good way to see
what is going on. The schools use the information obtained to
try to identify issues and use preventive education. This survey
needs to change to passive consent. Kids don't always bring
permission slips home, and the form doesn't always get turned in
on time. This survey provides an excellent way to see what is
going on.
2:21:49 PM
RYAN KAUFMAN, Sitka, testified in support of SB 8. He said he
had experience as an administrator for YRBS. He stated the
majority of parents approve of students participating in the
survey. The existing opt-out law is adequate for the minority
who would deny permission. The response rate for permission
forms is very low and this is a major barrier to collecting
accurate data. Schools need quality data to provide quality
services. The YRBS also serves as a test for those providing
services to reduce risk behaviors; it is a powerful source of
data. Confidentiality is of major importance to parents and
students. This comes down to the goal of providing the highest
quality services. We need accurate data; the ultimate goal is
healthy and successful youth.
2:25:11 PM
BRUCE JOHNSON, Executive Director, Alaska Council of School
Administrators, said the council supports SB 8. The YRBS is an
important piece of data for school districts to use in
developing and modifying programs. The more information they
have, the more likely they can prevent risky behaviors.
2:26:29 PM
CHRISTINA VAN CLEEVE, Alaska School Nurses Association, a school
nurse in the state for 20 years, testified in support of SB 8.
She said passive consent works. Motivated parents who do not
want the survey will let the school know. Schools are being
asked to do more with less money, and this information is
crucial to applying for grants. She noted the YRBS also measures
healthy behaviors.
2:28:17 PM
CHAIR DAVIS closed public testimony on SB 8. She said that in
the Education committee, an Anchorage School District
representative gave a run-down on the survey and how it was
administered. She noted the student can also opt out of survey,
as late as the day of the test. This survey provides important
information. The opt out provision has worked in previous years;
SB 8 is not an anti-family bill, it is actually pro-family.
2:30:08 PM
SENATOR DYSON said this is a very significant policy decision.
The issue is whether to be guided by pragmatism or by the ideals
of parental control and rights to privacy. He believes the only
school district that has had problems with getting a good sample
is Anchorage. Others did not have difficulty. He noted that
schools require permission for 19 different things, and have no
trouble getting active parental consent for things like field
trips and sports. He also opined that a major reason for
introduction of SB 8 is grant money. Grants require an objective
standard for showing a program is successful and making
progress. Money is the major motivation.
Federal law says that all surveys must have parental consent.
This doesn't exclude anonymous surveys. United States Code
1232(h) says "No student shall be required as part of any
application program to submit to a survey, analysis, or
evaluation . . ." without parental consent. If we change this to
passive consent there will definitely be a court challenge. The
major reason that parents resist this survey is they want to
protect the innocence of their children.
2:35:38 PM
Schools are good at getting permission for other things. This
one is not unique. "Do we make it easier to violate parents'
control over what their children are exposed to, or not? The
choice is to support parents' rights or be pragmatic and pull
down money."
2:36:40 PM
CHAIR DAVIS said she would have appreciated having Senator
Dyson's comments before the meeting. She noted this bill does
not preclude parents from deciding if their children should
participate. They can still make their wishes known. Even the
child can refuse to take the test. "How can this be anti-family
or anti-parental control?" The state needs this information not
just for money; it also needs the data in order to provide
services that families and children need. This is valuable
information. The information is not shared; it goes directly to
Atlanta, where the surveys are scored and returned. SB 8 is not
just about money.
2:39:34 PM
SENATOR EGAN moved to report SB 8 from committee with individual
recommendations and attached fiscal notes.
SENATOR DYSON objected.
A roll call vote was taken. The motion to move the bill from
committee passed 3:1 with Senators Egan, Meyer and Davis voting
yea and Senator Dyson voting nay. Therefore, SB 8 moved from the
Senate Health and Social Services Standing Committee.
2:40:38 PM
There being no further business to come before the committee,
Chair Davis adjourned the meeting at 2:40 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 15 Bill.pdf |
SHSS 3/16/2011 1:30:00 PM |
SB 15 |
| SB 15 Sponsor Statement version M.pdf |
SFIN 4/8/2011 9:00:00 AM SHSS 3/16/2011 1:30:00 PM |
SB 15 |
| SB 15 Support Letter APOA AACP WPA.pdf |
SFIN 4/8/2011 9:00:00 AM SHSS 3/16/2011 1:30:00 PM |
SB 15 |
| SB 8 27-LS0084A Bill.pdf |
SHSS 3/16/2011 1:30:00 PM |
SB 8 |
| SB 8 Sponsor Statement Rev 1-25-2011.pdf |
SHSS 3/16/2011 1:30:00 PM |
SB 8 |
| SB 8 AS 14 03 110 current law.pdf |
SHSS 3/16/2011 1:30:00 PM |
SB 8 |
| SB 8 Fiscal Notes.pdf |
SHSS 3/16/2011 1:30:00 PM |
SB 8 |
| SB 8 Docs - 2009 YRBS results by CDC.pdf |
SHSS 3/16/2011 1:30:00 PM |
SB 8 |
| SB 8 Sectional Summary.pdf |
SHSS 3/16/2011 1:30:00 PM |
SB 8 |
| SB 8 Docs -2009 YRBS results by DEED (2).pdf |
SHSS 3/16/2011 1:30:00 PM |
SB 8 |
| SB15 Fiscal Note2.pdf |
SHSS 3/16/2011 1:30:00 PM |
SB 15 |