Legislature(2021 - 2022)
2022-04-04 House Journal
Full Journal pdf2022-04-04 House Journal Page 2284 HB 297 The following, which could not be considered in a technical session (page 2239), was read the second time: HOUSE BILL NO. 297 "An Act relating to the duties of the Department of Health and Social Services; relating to child protection; and relating to children of active duty military members." with the: Journal Page MLV RPT CS(MLV) 6DP 1957 FN1: ZERO(DHS) 1957 HSS RPT CS(HSS) 5DP 2NR 2075 FN1: ZERO(DHS) 2075 Representative Tuck moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 297(HSS) (same title) Representative Tilton objected and withdrew the objection. There being no further objection, CSHB 297(HSS) was adopted. 2022-04-04 House Journal Page 2285 Amendment No. 1 was offered by Representatives Hopkins and Nelson: Page 1, line 1 (title amendment): Delete "Health and Social" Insert "Family and Community" Representative Shaw moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, Amendment No. 1 was adopted and the new title follows: CS FOR HOUSE BILL NO. 297(HSS)(title am) "An Act relating to the duties of the Department of Family and Community Services; relating to child protection; and relating to children of active duty military members." Amendment No. 2 was offered by Representative Eastman: Page 1, line 2, following "child protection;" (title amendment): Insert "relating to reporting of test results of children testing positive for sexually transmitted diseases;" Page 1, following line 10: Insert a new bill section to read: "* Sec. 2. AS 47.17.024 is amended by adding a new subsection to read: (c) If a child 14 years of age or younger receives a positive test result for a sexually transmitted disease, the person performing the test and the physician, if any, involved in ordering the test or providing treatment based on the result shall immediately report the positive test result to the Department of Public Safety." Renumber the following bill section accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Rasmussen objected. 2022-04-04 House Journal Page 2286 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 297(HSS)(title am) Second Reading Amendment No. 2 YEAS: 3 NAYS: 33 EXCUSED: 4 ABSENT: 0 Yeas: Eastman, Kurka, LeBon Nays: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Josephson, Kaufman, Kreiss-Tomkins, McCabe, McKay, Merrick, Ortiz, Patkotak, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Excused: Johnson, McCarty, Nelson, Prax And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Eastman: Page 2, lines 2 - 3: Delete "A designated authority that receives information under this subsection may not disclose the information to a person who is not authorized by law to receive it." Representative Eastman moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Hopkins objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 297(HSS)(title am) Second Reading Amendment No. 3 YEAS: 2 NAYS: 34 EXCUSED: 4 ABSENT: 0 Yeas: Eastman, Kurka 2022-04-04 House Journal Page 2287 Nays: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Josephson, Kaufman, Kreiss-Tomkins, LeBon, McCabe, McKay, Merrick, Ortiz, Patkotak, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Excused: Johnson, McCarty, Nelson, Prax And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Eastman: Page 2, line 2, following "child.": Insert "The department shall notify the designated authority at the duty station where the member is assigned of a substantiated finding under AS 47.10 or AS 47.17." Representative Eastman moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Hopkins objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 297(HSS)(title am) Second Reading Amendment No. 4 YEAS: 3 NAYS: 33 EXCUSED: 4 ABSENT: 0 Yeas: Eastman, Gillham, Kurka Nays: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Josephson, Kaufman, Kreiss-Tomkins, LeBon, McCabe, McKay, Merrick, Ortiz, Patkotak, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Excused: Johnson, McCarty, Nelson, Prax And so, Amendment No. 4 was not adopted. 2022-04-04 House Journal Page 2288 Amendment No. 5 was offered by Representative Eastman: Page 1, line 14, through page 2, line 1: Delete "a designated authority at the duty station where the member is assigned" Insert "the member of the armed forces" Page 2, lines 2 - 5: Delete "A designated authority that receives information under this subsection may not disclose the information to a person who is not authorized by law to receive it. In this subsection, "designated authority" means a person designated by the armed forces of the United States to receive notification of reports of harm." Page 2, following line 5: Insert a new bill section to read: "* Sec. 3. AS 47.17.040(b) is amended to read: (b) Investigation reports and reports of harm filed under this chapter are considered confidential and are not subject to public inspection and copying under AS 40.25.110 and 40.25.120. However, in accordance with department regulations, investigation reports, including substantiated findings under AS 47.10 or AS 47.17, may be used by appropriate governmental agencies with child-protection functions, inside and outside the state, in connection with investigations or judicial proceedings involving child abuse, neglect, or custody and in conjunction with licensing action under AS 47.32 or a similar statute in another state. Nothing in this section prohibits the department from notifying a member of the armed forces of the United States under AS 47.17.030(h) for whom the department has received a report of harm concerning the member's child. A person not acting in accordance with department regulations who, with criminal negligence, makes public information contained in confidential reports is guilty of a class B misdemeanor." Representative Eastman moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Hopkins objected. 2022-04-04 House Journal Page 2289 The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 297(HSS)(title am) Second Reading Amendment No. 5 YEAS: 1 NAYS: 35 EXCUSED: 4 ABSENT: 0 Yeas: Eastman Nays: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Josephson, Kaufman, Kreiss-Tomkins, Kurka, LeBon, McCabe, McKay, Merrick, Ortiz, Patkotak, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Excused: Johnson, McCarty, Nelson, Prax And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Eastman: Page 1, following line 10: Insert a new bill section to read: "* Sec. 2. AS 47.17.020(a) is amended to read: (a) The following persons who, in the performance of their occupational duties, their appointed duties under (8) of this subsection, or their volunteer duties under (9) of this subsection, have reasonable cause to suspect that a child has suffered harm as a result of child abuse or neglect shall immediately report the harm to the nearest office of the department and, if the harm appears to be a result of a suspected sex offense, shall immediately report the harm to the nearest law enforcement agency: (1) practitioners of the healing arts; (2) school teachers and school administrative staff members, including athletic coaches, of public and private schools; (3) peace officers and officers of the Department of Corrections; (4) administrative officers of institutions; (5) child care providers; 2022-04-04 House Journal Page 2290 (6) paid employees of domestic violence and sexual assault programs, and crisis intervention and prevention programs as defined in AS 18.66.990; (7) paid employees of an organization that provides counseling or treatment to individuals seeking to control their use of drugs or alcohol; (8) members of a child fatality review team established under AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created under AS 47.14.300; (9) volunteers who interact with children in a public or private school for more than eight [FOUR] hours a week; (10) juvenile probation officers, juvenile probation office staff, and staff of juvenile detention facilities and juvenile treatment facilities, as those terms are defined in AS 47.12.990." Renumber the following bill section accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Tarr objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 297(HSS)(title am) Second Reading Amendment No. 6 YEAS: 4 NAYS: 32 EXCUSED: 4 ABSENT: 0 Yeas: Carpenter, Eastman, Kurka, Rasmussen Nays: Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Josephson, Kaufman, Kreiss-Tomkins, LeBon, McCabe, McKay, Merrick, Ortiz, Patkotak, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Excused: Johnson, McCarty, Nelson, Prax And so, Amendment No. 6 was not adopted. 2022-04-04 House Journal Page 2291 Representative Tuck moved and asked unanimous consent that CSHB 297(HSS)(title am) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 297(HSS)(title am) was read the third time. The question being: "Shall CSHB 297(HSS)(title am) pass the House?" The roll was taken with the following result: CSHB 297(HSS)(title am) Third Reading Final Passage YEAS: 33 NAYS: 3 EXCUSED: 4 ABSENT: 0 Yeas: Claman, Cronk, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Josephson, Kaufman, Kreiss-Tomkins, Kurka, LeBon, McCabe, McKay, Merrick, Ortiz, Patkotak, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Nays: Carpenter, Eastman, Gillham Excused: Johnson, McCarty, Nelson, Prax And so, CSHB 297(HSS)(title am) passed the House and was referred to the Chief Clerk for engrossment. The Speaker stated that, without objection, the House would recess to 2:00 p.m.; and so, the House recessed at 1:23 p.m.