Legislature(2015 - 2016)BUTROVICH 205

02/24/2016 08:00 AM RULES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 75 MARIJUANA REG;CLUBS;MUNIS;LOCAL OPT ELECT TELECONFERENCED
Moved 2d SCS CSHB 75(RLS) Out of Committee
+ SB 89 PARENT RIGHTS: EDUCATION; SCHOOL ABSENCE TELECONFERENCED
Moved CSSB 89(RLS) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
                SENATE RULES STANDING COMMITTEE                                                                               
                       February 24, 2016                                                                                        
                           8:04 a.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Charlie Huggins, Chair                                                                                                  
Senator John Coghill, Vice Chair                                                                                                
Senator Pete Kelly                                                                                                              
Senator Kevin Meyer                                                                                                             
Senator Berta Gardner                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 89                                                                                                              
"An Act relating  to a parent's right to direct  the education of                                                               
a  child;   and  relating   to  questionnaires   administered  in                                                               
schools."                                                                                                                       
                                                                                                                                
     - MOVED CSSB 89(RLS) OUT OF COMMITTEE                                                                                      
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 75(JUD) AM                                                                              
"An Act relating to the  registration of marijuana establishments                                                               
by  municipalities; relating  to the  definition of  'marijuana';                                                               
clarifying standards for personal use  of marijuana by persons 21                                                               
years  of age  or older;  prohibiting the  public consumption  of                                                               
marijuana;  authorizing  the  registration  of  marijuana  clubs;                                                               
relating to  established villages  and to local  option elections                                                               
regarding   the  operation   of  marijuana   establishments;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED 2D SCS CSHB 75(RLS) OUT OF COMMITTEE                                                                               
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  89                                                                                                                  
SHORT TITLE: PARENT RIGHTS: EDUCATION; SCHOOL ABSENCE                                                                           
SPONSOR(s): DUNLEAVY                                                                                                            
                                                                                                                                
03/25/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/25/15       (S)       EDC, STA                                                                                               
03/31/15       (S)       EDC AT 3:30 PM BUTROVICH 205                                                                           
03/31/15       (S)       Scheduled but Not Heard                                                                                
04/02/15       (S)       EDC AT 3:30 PM BUTROVICH 205                                                                           
04/02/15       (S)       Heard & Held                                                                                           
04/02/15       (S)       MINUTE(EDC)                                                                                            
04/07/15       (S)       EDC AT 3:30 PM BUTROVICH 205                                                                           
04/07/15       (S)       Heard & Held                                                                                           
04/07/15       (S)       MINUTE(EDC)                                                                                            
04/09/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
04/09/15       (S)       <Pending Referral>                                                                                     
04/09/15       (S)       EDC AT 3:30 PM BUTROVICH 205                                                                           
04/09/15       (S)       Moved  CSSB 89(EDC) Out of Committee                                                                   
04/09/15       (S)       MINUTE(EDC)                                                                                            
04/10/15       (S)       EDC RPT CS  3DP 1DNP  NEW TITLE                                                                        
04/10/15       (S)       DP: DUNLEAVY, GIESSEL, HUGGINS                                                                         
04/10/15       (S)       DNP: GARDNER                                                                                           
04/14/15       (S)       STA AT 8:00 AM BUTROVICH 205                                                                           
04/14/15       (S)       Heard & Held                                                                                           
04/14/15       (S)       MINUTE(STA)                                                                                            
04/15/15       (S)       STA RPT CS 3DP 1AM  NEW TITLE                                                                          
04/15/15       (S)       DP: STOLTZE, COGHILL, HUGGINS                                                                          
04/15/15       (S)       AM: WIELECHOWSKI                                                                                       
04/15/15       (S)       STA AT 8:00 AM BUTROVICH 205                                                                           
04/15/15       (S)       Moved  CSSB 89(STA) Out of Committee                                                                   
04/15/15       (S)       MINUTE(STA)                                                                                            
02/24/16       (S)       RLS AT 8:00 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB  75                                                                                                                  
SHORT TITLE: MARIJUANA REG;CLUBS;MUNIS;LOCAL OPT ELECT                                                                          
SPONSOR(s): COMMUNITY & REGIONAL AFFAIRS                                                                                        
                                                                                                                                
01/23/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/23/15       (H)       CRA, JUD                                                                                               
02/21/15       (H)       CRA AT 10:00 AM BARNES 124                                                                             
02/21/15       (H)       -- MEETING CANCELED --                                                                                 
02/24/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
02/24/15       (H)       Heard & Held                                                                                           
02/24/15       (H)       MINUTE(CRA)                                                                                            
03/03/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
03/03/15       (H)       Moved  CSHB 75(CRA) Out of Committee                                                                   
03/03/15       (H)       MINUTE(CRA)                                                                                            
03/05/15       (H)       CRA AT 8:00 AM BARNES 124                                                                              
03/05/15       (H)       Moved  CSHB 75(CRA) Out of Committee                                                                   
03/05/15       (H)       MINUTE(CRA)                                                                                            
03/06/15       (H)       CRA RPT CS(CRA) NT 3DP 3NR                                                                             
03/06/15       (H)       DP: NAGEAK, SEATON, TILTON                                                                             
03/06/15       (H)       NR: DRUMMOND, REINBOLD, HUGHES                                                                         
03/11/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/11/15       (H)       Heard & Held                                                                                           
03/11/15       (H)       MINUTE(JUD)                                                                                            
03/18/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/18/15       (H)       <Bill Hearing Canceled>                                                                                
03/25/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/25/15       (H)       <Bill Hearing Canceled>                                                                                
03/27/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/27/15       (H)       Moved  CSHB 75(JUD) Out of Committee                                                                   
03/27/15       (H)       MINUTE(JUD)                                                                                            
03/30/15       (H)       JUD RPT CS(JUD) NT 1DP 3NR 3AM                                                                         
03/30/15       (H)       DP: LEDOUX                                                                                             
03/30/15       (H)       NR: MILLETT, CLAMAN, FOSTER                                                                            
03/30/15       (H)       AM: LYNN, KELLER, GRUENBERG                                                                            
04/02/15       (H)       TRANSMITTED TO (S)                                                                                     
04/02/15       (H)       VERSION: CSHB 75(JUD) AM                                                                               
04/03/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/03/15       (S)       CRA, JUD                                                                                               
04/07/15       (S)       CRA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
04/07/15       (S)       Heard & Held                                                                                           
04/07/15       (S)       MINUTE(CRA)                                                                                            
04/14/15       (S)       CRA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
04/14/15       (S)       Moved SCS CSHB 75(CRA) Out of Committee                                                                
04/14/15       (S)       MINUTE(CRA)                                                                                            
04/15/15       (S)       CRA RPT SCS 1DP 3AM  NEW TITLE                                                                         
04/15/15       (S)       DP: BISHOP                                                                                             
04/15/15       (S)       AM: EGAN, STEDMAN, HOFFMAN                                                                             
04/15/15       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/15/15       (S)       Heard & Held                                                                                           
04/15/15       (S)       MINUTE(JUD)                                                                                            
04/17/15       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/17/15       (S)       Heard & Held                                                                                           
04/17/15       (S)       MINUTE(JUD)                                                                                            
04/18/15       (S)       JUD RPT SCS 4DP  NEW TITLE                                                                             
04/18/15       (S)       DP:    MCGUIRE,    COGHILL,    MICCICHE,                                                               
                         COSTELLO                                                                                               
04/18/15       (S)       JUD AT 10:00 AM BUTROVICH 205                                                                          
04/18/15       (S)       Moved SCS CSHB 75(JUD) Out of Committee                                                                
04/18/15       (S)       MINUTE(JUD)                                                                                            
04/19/15       (S)       RETURNED TO RLS COMMITTEE                                                                              
02/24/16       (S)       RLS AT 8:00 AM BUTROVICH                                                                               
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JODY SIMPSON, Staff to Senator Huggins and the Rules Committee                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:  Explained  the  changes  in  the  committee                                                             
substitutes for SB 89 and HB 75.                                                                                                
                                                                                                                                
SENATOR DUNLEAVY                                                                                                                
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 89.                                                                                         
                                                                                                                                
CHRISTA MCDONALD, Staff to Senator Dunleavy                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Commented on SB 89.                                                                                       
                                                                                                                                
HEATH HILYARD, Staff to Representative Tilton                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Available for questions on HB 75.                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:04:51 AM                                                                                                                    
CHAIR CHARLIE HUGGINS called the  Senate Rules Standing Committee                                                             
meeting to order  at 8:04 a.m. Present at the  call to order were                                                               
Senators Gardner, Coghill, Meyer, Kelly, and Chair Huggins.                                                                     
                                                                                                                                
        SB  89-PARENT RIGHTS: EDUCATION; SCHOOL ABSENCE                                                                     
                                                                                                                                
8:05:15 AM                                                                                                                    
CHAIR HUGGINS  announced consideration  of SB 89.  [CSSB 89(STA),                                                               
version LS-0735\G, was before the committee.]                                                                                   
                                                                                                                                
SENATOR COGHILL  moved to adopt CSSB  89(RLS), version LS-0735\F,                                                               
as the working  document. There were no objections and  it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
8:05:48 AM                                                                                                                    
JODY SIMPSON, Staff  to Senator Huggins and  the Rules Committee,                                                               
Alaska State  Legislature, Juneau, Alaska, explained  the changes                                                               
in version \F as follows:                                                                                                       
                                                                                                                                
Sec. 1 & 2 have no changes.                                                                                                     
Sec. 3, 4, & 5 are deleted.                                                                                                     
Sec. 6 & 7 have no changes.                                                                                                     
Sec. 8, 9, & 10 are deleted.                                                                                                    
                                                                                                                                
She  said  that therefore  the  bill  now 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.                                                                   
                                                                                                                                
MS. SIMPSON  explained that section 2  prohibits school districts                                                               
and educational services organizations  that contract with school                                                               
districts  from  contracting  with  abortion  service  providers.                                                               
Section 3  prohibits school districts  from paying the  costs for                                                               
physical  examinations  for  teachers, and  section  4  prohibits                                                               
school districts  from permitting abortion services  providers to                                                               
offer,  sponsor  or  furnish   course  materials  or  instruction                                                               
related to human sexuality or sexually transmitted diseases.                                                                    
                                                                                                                                
CHAIR HUGGINS  noted the  zero fiscal  note, found  no questions,                                                               
and invited the bill's sponsor to the table.                                                                                    
                                                                                                                                
SENATOR  DUNLEAVY,  Alaska  State  Legislature,  Juneau,  Alaska,                                                               
sponsor of SB 89, explained that the  content in SB 89 is now the                                                               
same  as when  it left  the  Senate State  Affairs and  Education                                                               
Committees last  spring. In the  special session over  the summer                                                               
much of  the material that  has been taken  out of this  bill was                                                               
incorporated into HB  44 and passed, he said. One  item was still                                                               
left in  the bill regarding  physical examinations  for teachers.                                                               
That material  initially was  in the  bill in  an effort  to help                                                               
school districts roll back some  regulations and undue burdens to                                                               
try and  save some money.  In essence,  nothing was added  to the                                                               
bill. It is  essentially a cleanup for what was  taken out for HB                                                               
44.                                                                                                                             
                                                                                                                                
CHRISTA  MCDONALD,  Staff  to   Senator  Dunleavy,  Alaska  State                                                               
Legislature, Juneau, Alaska, had no additional comments.                                                                        
                                                                                                                                
8:09:04 AM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
8:10:21 AM                                                                                                                    
CHAIR HUGGINS called the Senate Rules meeting back to order.                                                                    
                                                                                                                                
SENATOR GARDNER offered Amendment 1.                                                                                            
                                                                                                                                
                                                 29-LS0735\F.4                                                                  
                                                       Glover                                                                   
                                                      2/22/16                                                                   
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE               BY SENATOR GARDNER                                                                     
     TO:  CSSB 89(RLS)                                                                                                          
                                                                                                                                
     Page 2, lines 3 - 8:                                                                                                       
          Delete "because of concern regarding                                                                                  
               (A)  content involving human reproduction or                                                                     
     sexual matters;                                                                                                            
               (B)  inquiries into personal or private                                                                          
     family affairs of the student or family that are not a                                                                     
          matter of public record or subject to public                                                                          
     observation"                                                                                                               
                                                                                                                                
SENATOR COGHILL objected.                                                                                                       
                                                                                                                                
SENATOR GARDNER explained that currently  parents have a right to                                                               
withdraw their child from any  activity, class or program without                                                               
explanation to the  school. Keeping the language  that says "they                                                               
are withdrawing  because of a  concern regarding A and  B" limits                                                               
them and that is not the intention of the sponsor.                                                                              
                                                                                                                                
SENATOR DUNLEAVY said he needed a moment.                                                                                       
                                                                                                                                
8:11:51 AM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
8:14:46 AM                                                                                                                    
CHAIR HUGGINS called  the Senate Rules Committee  meeting back to                                                               
order.                                                                                                                          
                                                                                                                                
SENATOR DUNLEAVY said he preferred to keep the bill as it is.                                                                   
                                                                                                                                
SENATOR GARDNER commented that  when you innumerate possibilities                                                               
in statute and  you leave something out, it could  be read to say                                                               
it's not covered. That is her concern here.                                                                                     
                                                                                                                                
CHAIR HUGGINS found no questions.                                                                                               
                                                                                                                                
SENATOR COGHILL  maintained his  objection and  a roll  call vote                                                               
was  taken: Senator  Gardner voted  yea;  Senators Meyer,  Kelly,                                                               
Coghill, and Huggins voted nay; therefore Amendment 1 failed.                                                                   
                                                                                                                                
8:15:56 AM                                                                                                                    
SENATOR GARDNER moved Amendment 2.                                                                                              
                                                                                                                                
                                                 29-LS0735\F.5                                                                  
                                                       Glover                                                                   
                                                      2/22/16                                                                   
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE               BY SENATOR GARDNER                                                                     
     TO:  CSSB 89(RLS)                                                                                                          
                                                                                                                                
     Page 2, lines 9 - 10:                                                                                                      
          Delete ", but not more than six weeks,"                                                                               
                                                                                                                                
SENATOR COGHILL objected.                                                                                                       
                                                                                                                                
SENATOR   GARDNER  explained   that  leaving   "providing  parent                                                               
notification not  less than two  weeks before an  activity, class                                                               
or program" is problematic because  permission slips are hard for                                                               
schools to  track when  students come in.  She said  that parents                                                               
have many  things to  sign for  their kids  in school.  She would                                                               
rather sign one  blanket time for the whole term  and not have to                                                               
think about  it again through  the year. Requiring schools  to do                                                               
this in a  narrow window "no more than...no less  than" creates a                                                               
headache. Amendment 2 helps with efficiencies.                                                                                  
                                                                                                                                
SENATOR  DUNLEAVY asked  to  keep the  original  language in  the                                                               
bill.  He   explained  that  the   time  periods  are   in  there                                                               
specifically  to  box  in  any situation,  so  that  parents  are                                                               
notified within a certain timeline.                                                                                             
                                                                                                                                
CHAIR HUGGINS found no questions.                                                                                               
                                                                                                                                
SENATOR COGHILL  maintained his  objection and  a roll  call vote                                                               
was  taken: Senator  Gardner voted  yea;  Senators Meyer,  Kelly,                                                               
Coghill, and Huggins voted nay; therefore Amendment 2 failed.                                                                   
                                                                                                                                
8:18:49 AM                                                                                                                    
SENATOR GARDNER moved Amendment 3.                                                                                              
                                                                                                                                
                                                 29-LS0735\F.6                                                                  
                                                       Glover                                                                   
                                                      2/23/16                                                                   
                                                                                                                                
                          AMENDMENT 3                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE               BY SENATOR GARDNER                                                                     
     TO:  CSSB 89(RLS)                                                                                                          
                                                                                                                                
     Page 1, line 4:                                                                                                            
          Delete "and"                                                                                                        
                                                                                                                                
     Page 1, line 5, following "teachers":                                                                                    
     Insert "; and providing for an effective date"                                                                           
                                                                                                                              
     Page 2, following line 31:                                                                                                 
          Insert a new paragraph to read:                                                                                       
               "(2)  "human  reproduction or sexual matters"                                                                    
     does not include curricula or materials for                                                                                
               (A)     alcohol  and  drug   abuse  education                                                                    
     described under AS 14.30.360; or                                                                                           
               (B)     suicide   awareness  and   prevention                                                                    
     training required under AS 14.30.362."                                                                                     
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 3, following line 4:                                                                                                  
          Insert a new bill section to read:                                                                                    
      "* Sec. 2. AS 14.03.016(c)(2), enacted by sec. 1 of                                                                   
     this Act, is amended to read:                                                                                              
               (2)   "human reproduction or  sexual matters"                                                                    
     does not include curricula or materials for                                                                                
               (A)     sexual   abuse  and   sexual  assault                                                                
        awareness and prevention training required under                                                                    
     AS 14.30.355;                                                                                                          
               (B)  dating violence  and abuse awareness and                                                                
     prevention training required under AS 14.30.356;                                                                       
               (C)     alcohol  and  drug   abuse  education                                                                
     described under AS 14.30.360; or                                                                                           
               (D) [(B)]   suicide awareness  and prevention                                                                
     training required under AS 14.30.362."                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                              
     Page 3, following line 19:                                                                                                 
          Insert new bill sections to read:                                                                                     
         "* Sec. 6. Section 2 of this Act takes effect                                                                      
     June 30, 2017.                                                                                                             
      * Sec. 7. Except as provided by sec. 6 of this Act,                                                                     
     this Act takes effect July 1, 2016."                                                                                       
                                                                                                                                
SENATOR COGHILL objected.                                                                                                       
                                                                                                                                
SENATOR  GARDNER explained  that this  amendment has  to do  with                                                               
timelines  and it  excludes certain  education programs  from the                                                               
definition of  "human reproduction or sexual  matters". Those are                                                               
the programs that  are addressed under Erin's Law.  Three of them                                                               
don't  take  effect until  July,  2016,  or  June. 2017,  so  the                                                               
amendment  has to  be in  two sections  in order  to comply  with                                                               
language in HB 44 (that passed with Erin's Law).                                                                                
                                                                                                                                
SENATOR  DUNLEAVY asked  to  keep the  original  language in  the                                                               
bill.                                                                                                                           
                                                                                                                                
CHAIR HUGGINS found no questions.                                                                                               
                                                                                                                                
SENATOR COGHILL  maintained his  objection and  a roll  call vote                                                               
was  taken: Senator  Gardner voted  yea;  Senators Meyer,  Kelly,                                                               
Coghill, and Huggins voted nay; therefore Amendment 3 failed.                                                                   
                                                                                                                                
SENATOR GARDNER moved Amendment 4.                                                                                              
                                                                                                                                
                                                 29-LS0735\F.7                                                                  
                                                       Glover                                                                   
                                                      2/22/16                                                                   
                                                                                                                                
                          AMENDMENT 4                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE               BY SENATOR GARDNER                                                                     
     TO:  CSSB 89(RLS)                                                                                                          
                                                                                                                                
     Page 2, following line 29:                                                                                                 
     Insert a new subsection to read:                                                                                           
          "(c)  Nothing in this section prohibits a school                                                                      
     employee or volunteer from answering a question from a                                                                     
     child about any topic."                                                                                                    
                                                                                                                                
     Reletter the following subsection accordingly.                                                                             
                                                                                                                                
SENATOR COGHILL objected.                                                                                                       
                                                                                                                                
SENATOR GARDNER explained that Amendment  4 allows for responsive                                                               
conversation  between school  employees  and  children, who  will                                                               
often  talk to  teachers  out  of the  blue  about  all kinds  of                                                               
things. It  simply says, "If a  child asks a direct  question" of                                                               
an employee, that employee is not prohibited from answering it.                                                                 
                                                                                                                                
SENATOR DUNLEAVY  said he  disagreed with  the amendment,  and it                                                               
changes the bill.                                                                                                               
                                                                                                                                
CHAIR HUGGINS found no questions.                                                                                               
                                                                                                                                
SENATOR COGHILL  maintained his  objection and  a roll  call vote                                                               
was  taken: Senator  Gardner voted  yea;  Senators Meyer,  Kelly,                                                               
Coghill, and Huggins voted nay; therefore Amendment 4 failed.                                                                   
                                                                                                                                
SENATOR GARDNER moved Amendment 5.                                                                                              
                                                                                                                                
                                                 29-LS0735\F.8                                                                  
                                                       Glover                                                                   
                                                      2/22/16                                                                   
                                                                                                                                
                          AMENDMENT 5                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE               BY SENATOR GARDNER                                                                     
     TO:  CSSB 89(RLS)                                                                                                          
                                                                                                                                
     Page 2, following line 29:                                                                                                 
     Insert a new subsection to read:                                                                                           
          "(c)  This section does not apply to religious                                                                        
     schools or private schools."                                                                                               
                                                                                                                                
     Reletter the following subsection accordingly.                                                                             
                                                                                                                                
     Page 3, following line 3:                                                                                                  
     Insert new paragraphs to read:                                                                                             
               "(4)  "private school" has the meaning given                                                                     
     in AS 14.45.200;                                                                                                           
               (5)  "religious school" has the meaning                                                                          
     given in AS 14.45.200;"                                                                                                    
                                                                                                                                
     Renumber the following paragraph accordingly.                                                                              
                                                                                                                                
SENATOR COGHILL objected.                                                                                                       
                                                                                                                                
SENATOR  GARDNER  explained  that  Amendment  5  just  says  this                                                               
statute is being made for  "state funded public schools" and what                                                               
they  are  doing  here  doesn't apply  to  religious  schools  or                                                               
private  schools, which  can run  their own  affairs as  they see                                                               
fit.                                                                                                                            
                                                                                                                                
SENATOR  DUNLEAVY asked  to  keep the  original  language in  the                                                               
bill.                                                                                                                           
                                                                                                                                
CHAIR HUGGINS found no questions.                                                                                               
                                                                                                                                
SENATOR COGHILL  maintained his  objection and  a roll  call vote                                                               
was  taken: Senator  Gardner voted  yea;  Senators Meyer,  Kelly,                                                               
Coghill, and Huggins voted nay; therefore Amendment 5 failed.                                                                   
                                                                                                                                
8:23:20 AM                                                                                                                    
SENATOR GARDNER moved Amendment 6.                                                                                              
                                                                                                                                
                                                29-LS0735\F.10                                                                  
                                                       Glover                                                                   
                                                      2/23/16                                                                   
                                                                                                                                
                          AMENDMENT 6                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE               BY SENATOR GARDNER                                                                     
     TO:  CSSB 89(RLS)                                                                                                          
                                                                                                                                
     Page 1, line 2, following "provider;":                                                                                   
          Insert    "relating    to    school    performance                                                                  
     designations and teacher evaluations;"                                                                                   
                                                                                                                                
     Page 2, line 21, following "AS 14.30.020":                                                                                 
          Insert "if the child's parent withdrew the child                                                                      
     from the  activity, class, program,  or standards-based                                                                    
     assessment or  test or gave permission  for the child's                                                                    
     absence"                                                                                                                   
                                                                                                                                
     Page 3, following line 7:                                                                                                  
     Insert new bill sections to read:                                                                                          
        "* Sec. 3.  AS 14.03.123 is amended by  adding a new                                                                
     subsection to read:                                                                                                        
          (h)  For purposes of assigning performance                                                                            
     designations  under this  section, when  the department                                                                    
     calculates  a public  school's  participation rate  for                                                                    
     standards-based   assessments,  the   department  shall                                                                    
     exclude a  student who is  withdrawn from  a standards-                                                                    
     based  assessment  under  AS 14.03.016 from  the  total                                                                    
     number of enrolled students at the school.                                                                                 
        * Sec.  4. AS 14.20.149 is  amended by adding  a new                                                                  
     subsection to read:                                                                                                        
          (i)  In a certificated employee evaluation, a                                                                         
     school  district  may not  consider  a  student who  is                                                                    
     withdrawn  from  a   standards-based  assessment  under                                                                    
     AS 14.03.016  in the  calculation of  the participation                                                                    
     rate for the standards-based assessment."                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
SENATOR COGHILL objected.                                                                                                       
                                                                                                                                
SENATOR  GARDNER explained  that one  of her  concerns about  the                                                               
broadness of  some of the language  is that the school,  which is                                                               
responsible  for  tracking  whether   children  are  present  and                                                               
alerting parents  if they don't show  up, is that the  school has                                                               
no idea if a child is  absent with the parent's knowledge or not.                                                               
She knows  kids who skip  school rather  than attend two  days of                                                               
testing thinking that the school  will assume "my parent withdrew                                                               
me  and my  parent won't  know." This  amendment says  that if  a                                                               
parent is  actively withdrawing  a child  from an  activity, they                                                               
need  to tell  the school  that, so  they know  the child  didn't                                                               
simply not show up.                                                                                                             
                                                                                                                                
In addition, she said, the  amendment says the participation rate                                                               
can't  be used  for the  required  95 percentage  of students  to                                                               
participate in things like testing and teacher evaluations.                                                                     
                                                                                                                                
SENATOR  DUNLEAVY asked  to  keep the  original  language in  the                                                               
bill,  because language  in the  amendment substantially  changes                                                               
the bill from its original intent.                                                                                              
                                                                                                                                
CHAIR HUGGINS found no questions.                                                                                               
                                                                                                                                
SENATOR COGHILL  maintained his  objection and  a roll  call vote                                                               
was  taken: Senator  Gardner voted  yea;  Senators Meyer,  Kelly,                                                               
Coghill, and Huggins voted nay; therefore Amendment 6 failed.                                                                   
                                                                                                                                
MS. MCDONALD  said this  bill is pretty  straight forward  and is                                                               
just cleanup language from what passed in a previous session.                                                                   
                                                                                                                                
SENATOR COGHILL  moved to  report CSSB  89(RLS), version  F, from                                                               
committee  with  individual  recommendations  and  attached  zero                                                               
fiscal note.                                                                                                                    
                                                                                                                                
SENATOR GARDNER objected. She said  leaving aside the meat of the                                                               
bill  that she  disagrees  with, it  has unintended  consequences                                                               
that could  easily be  addressed aside  from knowing  where their                                                               
kids  are. It's  important for  schools  to gather  data on  what                                                               
activities parents  find objectionable, to maybe  reconsider, but                                                               
they don't  have a way  of doing that. The  bill also has  a zero                                                               
fiscal  note to  the state,  but it  doesn't have  a zero  fiscal                                                               
impact for schools. She  said that a lot of work  was done in the                                                               
Education  Committee,  at  the  chair's  suggestion,  to  try  to                                                               
ameliorate.  The schools  fiscal impact  could have  been made  a                                                               
little  bit  less  by  letting  people  do  things  like  blanket                                                               
permissions.                                                                                                                    
                                                                                                                                
8:27:14 AM                                                                                                                    
SENATOR  GARDNER said  she  was also  very  troubled by  teachers                                                               
being "muzzled"  and not  being able to  simply answer  a child's                                                               
question. Teachers shouldn't be afraid  to respond to children if                                                               
for instance, one  asks where baby birds come  from. Children ask                                                               
these innocent  questions and this  bill creates a  climate where                                                               
teachers  have  to  be  afraid  of  simply  responding  to  their                                                               
students. That  is unhealthy for  the kids, for the  teachers and                                                               
for families.                                                                                                                   
                                                                                                                                
SENATOR GARDNER  maintained her  objection and  a roll  call vote                                                               
was  taken. Senators  Meyer, Kelly,  Coghill,  and Huggins  voted                                                               
yea;  Senator Gardner  voted nay;  therefore  CSSB 89(RLS)  moved                                                               
from committee.                                                                                                                 
                                                                                                                                
8:28:23 AM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
        HB  75-MARIJUANA REG;CLUBS;MUNIS;LOCAL OPT ELECT                                                                    
                                                                                                                                
8:30:04 AM                                                                                                                    
CHAIR  HUGGINS called  the meeting  back to  order and  announced                                                               
consideration of  HB 75. [CSHB  75(JUD)am, version J,  was before                                                               
the committee.]                                                                                                                 
                                                                                                                                
SENATOR COGHILL moved  to adopt 2d SCS CSHB  75(RLS), version 29-                                                               
LS0345\A.A as the working document.                                                                                             
                                                                                                                                
SENATOR HUGGINS objected for debate.                                                                                            
                                                                                                                                
8:30:45 AM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
8:31:03 AM                                                                                                                    
CHAIR HUGGINS called  the Senate Rules Committee  meeting back to                                                               
order.                                                                                                                          
                                                                                                                                
8:31:53 AM                                                                                                                    
JODY SIMPSON, Staff  to Senator Huggins and  the Rules Committee,                                                               
Alaska  State Legislature,  Juneau,  Alaska,  explained that  the                                                               
committee  substitute (CS)  outlines the  process for  background                                                               
checks  for marijuana  establishments, sets  a maximum  limit for                                                               
household plants at 12 with 6  or fewer being mature where adults                                                               
reside, provides legal authority  for the Marijuana Control Board                                                               
to  obtain fingerprints  for  license  applications or  renewals,                                                               
establishes  that  entire  unorganized boroughs  except  existing                                                               
municipalities are opted out  of commercial marijuana activities,                                                               
but  provides  that established  villages  may  exercise a  local                                                               
control  option  through  the opt-in  provision,  stipulates  any                                                               
powers adopted  by boroughs  may only be  adopted on  a non-area-                                                               
wide basis  (meaning powers would  not extend to cities  within a                                                               
borough's boundaries), sets forth  a process by which established                                                               
villages can  hold a local  election for the approval  or removal                                                               
of  marijuana establishments  or commercial  marijuana activities                                                               
within its  boundaries, and  provides an  avenue for  the Supreme                                                               
Court to establish bailable offenses  and not requiring mandatory                                                               
court  appearances   for  some  offenses.  Lastly,   it  provides                                                               
definitions and an immediate effective date.                                                                                    
                                                                                                                                
83:06 AM                                                                                                                      
HEATH  HILYARD,  Staff  to Representative  Tilton*  Alaska  State                                                               
Legislature, Juneau,  Alaska, had  no comments  to add  but noted                                                               
that  Mr. Schulte,  Chair  of the  Marijuana  Control Board,  was                                                               
available on-line for questions.                                                                                                
                                                                                                                                
CHAIR HUGGINS found no comments.                                                                                                
                                                                                                                                
SENATOR COGHILL moved to report  2d SCS CSHB 75(RLS), version 29-                                                               
LS0345\A.A,  from committee  with individual  recommendations and                                                               
attached zero  fiscal note(s).  There were  no objections  and it                                                               
was so ordered.                                                                                                                 
                                                                                                                                
8:34:12 AM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
the  Senate Rules  Standing Committee  meeting  was adjourned  at                                                               
8:34 a.m.                                                                                                                       
                                                                                                                                

Document Name Date/Time Subjects
SB 89 SRLS CS version F.pdf SRLS 2/24/2016 8:00:00 AM
SB 89
CS SB89 (STA) Version G.pdf SRLS 2/24/2016 8:00:00 AM
SB 89
CSSB 89 (RLS) Version F Sectional Summary.pdf SRLS 2/24/2016 8:00:00 AM
SB 89
CSSB 89 (STA) Version G to CSSB 89 (RLS) Version F.pdf SRLS 2/24/2016 8:00:00 AM
SB 89
16-144lem Legal Opinion CSSB 89(RLS) Version F.pdf SRLS 2/24/2016 8:00:00 AM
SB 89
CS SB89 (STA) Version G Fiscal Note Updated 1.19.16.pdf SRLS 2/24/2016 8:00:00 AM
SB 89
Enrolled HB 44.pdf SRLS 2/24/2016 8:00:00 AM
HB 44
SB 89 Emails (1 of 2).pdf SRLS 2/24/2016 8:00:00 AM
SB 89
SB 89 Emails (2 of 2).pdf SRLS 2/24/2016 8:00:00 AM
SB 89
HB 75 SRLS version AA.pdf SRLS 2/24/2016 8:00:00 AM
HB 75
2dSCSCSHB75 Sectional Analysis versionAA.pdf SRLS 2/24/2016 8:00:00 AM
HB 75
HB0075F (JUD) V J.pdf SRLS 2/24/2016 8:00:00 AM
HB 75
Sponsor Statement CSHB 75(JUD)am.pdf SRLS 2/24/2016 8:00:00 AM
HB 75
Municipal Class Tax Types.pdf SRLS 2/24/2016 8:00:00 AM
HB 75
Cities in Unorganized Boroughs.pdf SRLS 2/24/2016 8:00:00 AM
HB 75
CSHB 75 (CRA) Fiscal Note 2016.pdf SRLS 2/24/2016 8:00:00 AM
HB 75