Legislature(2025 - 2026)BARNES 124

02/05/2025 03:15 PM House LABOR & COMMERCE

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Audio Topic
03:17:09 PM Start
03:17:24 PM Presentation(s): Child Care in Alaska
03:49:27 PM HB57
04:15:43 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Child Care in Alaska TELECONFERENCED
-- Testimony <Invitation Only> --
Kati Capozzi, President/Chief Executive Officer,
Alaska Chamber; Pearl Brower, President/Chief
Executive Officer, Ukpeagvik Inupiat Corporation;
Rachel Byers, Executive Director, Little Bears
Playhouse; Christina Eubanks Ohana, Executive
Director, Hillcrest Childcare; and Tess Olympia,
Apprenticeship Program Manager, SE Alaska
Association for the Education of Young Children
+= HB 49 TOBACCO/NICOTINE/E-CIG AGE; E-CIG TAX TELECONFERENCED
<Bill Hearing Canceled>
-- Public Testimony --
+= HB 57 COMMUNICATION DEVICES IN PUBLIC SCHOOLS TELECONFERENCED
Moved CSHB 57(L&C) Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
         HB 57-COMMUNICATION DEVICES IN PUBLIC SCHOOLS                                                                      
                                                                                                                                
3:49:27 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS announced that the  final order of business would                                                               
be   HOUSE  BILL   NO.   57,  "An   Act   relating  to   wireless                                                               
telecommunications devices  in public schools; and  providing for                                                               
an effective date."  [Before  the committee, adopted as a working                                                               
document on  1/31/25, was the proposed  committee substitute (CS)                                                               
for  HB  57,  Version 34-LS0064\N,  Bergerud,  1/28/25  ("Version                                                               
N").]                                                                                                                           
                                                                                                                                
3:49:37 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS opened public testimony on HB 57.                                                                               
                                                                                                                                
3:50:12 PM                                                                                                                    
                                                                                                                                
JIM  MINNERY,  President,  Alaska Family  Council,  testified  in                                                               
support of HB 57.  He stated  that the Alaska Family Council is a                                                               
faith-based public policy group  that addresses issues related to                                                               
"life,  marriage, parental  authority, gender  and human  design,                                                               
religious  freedom, and  constitutional government."   He  stated                                                               
that there  is a lot  of support for  HB 57 across  the political                                                               
spectrum,  from  pro-life  groups, parental  rights  groups,  the                                                               
National  Education Association  (NEA), and  teacher groups.   He                                                               
addressed  an area  of opposition  regarding  parents' desire  to                                                               
access   students  during   the  school   day  via   cell  phone,                                                               
particularly in  the event of  an emergency.   He stated  that he                                                               
read an article  that argued that cell phone use  in the event of                                                               
an emergency could  be dangerous.  He offered his  support for HB
57.                                                                                                                             
                                                                                                                                
3:52:48 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS,  after ascertaining that  there was no  one else                                                               
who wished to testify, closed public testimony on HB 57.                                                                        
                                                                                                                                
3:53:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BURKE  moved  to  adopt Amendment  1  to  HB  57,                                                               
Version N,  labeled 34-LS0064\N.2, Bergerud, 1/31/25,  which read                                                               
as follows:                                                                                                                     
                                                                                                                                
     Page 1, line 10:                                                                                                           
          Following "device":                                                                                                   
          Insert "for medical purposes,"                                                                                        
          Following "emergency":                                                                                                
          Insert ","                                                                                                            
                                                                                                                                
     Page 2, line 4:                                                                                                            
          Following "device":                                                                                                   
          Insert "for medical purposes,"                                                                                        
          Following "emergency":                                                                                                
          Insert ","                                                                                                            
                                                                                                                                
3:53:33 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS objected for the purpose of discussion.                                                                         
                                                                                                                                
3:53:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BURKE   offered  her  belief  that   the  current                                                               
language  did not  appropriately address  students who  use their                                                               
phone  for  medical purposes.    She  explained that  a  diabetic                                                               
student might  use their  cell phone as  a monitoring  device for                                                               
glucose  levels.    She  offered her  belief  that  the  language                                                               
"emergency"  does  not  adequately   support  students  who,  for                                                               
medical purposes,  may need to  have their phone on  their person                                                               
at all times.                                                                                                                   
                                                                                                                                
3:54:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  for clarification  on whether  the                                                               
desire was to allow exemptions  for emergencies and medical needs                                                               
or to allow exemptions for emergency medical needs.                                                                             
                                                                                                                                
3:55:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BURKE clarified that the  intent is to allow for a                                                               
student to  have their phone on  their person for the  purpose of                                                               
monitoring medical conditions.                                                                                                  
                                                                                                                                
3:55:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER offered an apology  and stated that he had                                                               
misread the amendment.                                                                                                          
                                                                                                                                
3:56:24 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS removed  his objection  to the  motion to  adopt                                                               
Amendment 1 to HB 57, Version N.                                                                                                
                                                                                                                                
3:56:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER objected.                                                                                                
                                                                                                                                
REPRESENTATIVE SADDLER  asked whether there would  be limitations                                                               
to the medical exemptions.                                                                                                      
                                                                                                                                
3:57:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BURKE  stated   that  it  would  need   to  be  a                                                               
documented medical  condition that required accommodations.   She                                                               
supposed that the parents and  students would need to identify to                                                               
the school that need for accommodation.                                                                                         
                                                                                                                                
3:58:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NELSON asked  about the intent for  the process of                                                               
declaring accommodations  to be  eligible for  medical exceptions                                                               
under Amendment 1 to HB 57, Version N.                                                                                          
                                                                                                                                
3:58:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BURKE  responded that  the school  districts would                                                               
determine  the process  through  which a  student  would need  to                                                               
apply  for  accommodations.   She  offered  her  assumption  that                                                               
parents  would  declare  medical accommodations  annually  during                                                               
enrollment periods.   She stated that it is not  her intention to                                                               
prescribe that process through the amendment.                                                                                   
                                                                                                                                
CO-CHAIR FIELDS suggested that could  be addressed in regulation,                                                               
and  with guidance  from the  Department of  Education and  Early                                                               
Development (DEED).                                                                                                             
                                                                                                                                
3:59:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER voiced concern  that parents might falsify                                                               
their children's medical  needs in order to access  them via cell                                                               
phones during the school day.                                                                                                   
                                                                                                                                
4:00:31 PM                                                                                                                    
                                                                                                                                
DEENA  BISHOP, Commissioner,  Department of  Education and  Early                                                               
Development,   responded   that   a   student   would   need   an                                                               
Individualized Educational  Plan (IEP), or  a 504 plan,  in order                                                               
to qualify for  exemptions to the cell phone  ban.  Additionally,                                                               
she  noted that  current policies  require documentation  of such                                                               
needs and are kept by the school's recording office.                                                                            
                                                                                                                                
COMMISSIONER  BISHOP, in  response to  a follow-up  question from                                                               
Representative  Saddler,  explained that  a  504  plan is  for  a                                                               
student that  does not  have a learning  disability but  may need                                                               
other accommodations,  such as a  student with  cochlear implants                                                               
who needs hearing support.                                                                                                      
                                                                                                                                
4:01:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER removed  his objection  to the  motion to                                                               
adopt Amendment  1 to HB 57,  Version N.  There  being no further                                                               
objection, Amendment 1 was adopted.                                                                                             
                                                                                                                                
4:02:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NELSON asked  Mr. Booth how the cell  phone ban at                                                               
Palmer  High School  is enforced.    He asked  whether there  are                                                               
inconsistent levels of enforcement from  teachers, and if so, how                                                               
that is handled by the school.                                                                                                  
                                                                                                                                
4:02:59 PM                                                                                                                    
                                                                                                                                
DAVE BOOTH,  Principal, Palmer High  School (PHS), as  an invited                                                               
testifier, responded that, after  implementing the cell phone ban                                                               
at Palmer  High School,  he appointed  enforcement to  the school                                                               
administrators,   not  the   teachers.     He   stated  that   an                                                               
administrator  was  appointed to  check  in  during every  class,                                                               
during every period.  He  offered his belief that teachers should                                                               
not become disciplinarians  in the classroom, as  it might affect                                                               
their relationship with  their students.  Further,  he noted that                                                               
the  expectations   placed  on  the  students   were  very  clear                                                               
regarding cell phone usage.                                                                                                     
                                                                                                                                
4:04:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NELSON  asked what the average  punishment was for                                                               
students who had  phones on them for a  first-time offense versus                                                               
repeated offenses.                                                                                                              
                                                                                                                                
4:04:47 PM                                                                                                                    
                                                                                                                                
MR. BOOTH responded that there  is a progressive punitive system.                                                               
He explained that when a phone  is turned into the office for the                                                               
first time,  a parent is asked  to come and  pick it up.   On the                                                               
second offense,  the phone is required  to be locked in  a Yonder                                                               
Phone  Pouch  for a  period  of  time.    He explained  that  for                                                               
students with  repeated infractions,  the phone  is taken  at the                                                               
beginning of  the day  and returned at  the end of  the day.   He                                                               
noted  that PHS  currently does  not have  any students  who fall                                                               
under  the  last  category  and   reiterated  that  students  are                                                               
responsive to clear expectations and enforcement.                                                                               
                                                                                                                                
4:06:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NELSON  asked whether  children make  excuses that                                                               
they are allowed  to have their cell phones as  dictated by their                                                               
parents.                                                                                                                        
                                                                                                                                
4:07:04 PM                                                                                                                    
                                                                                                                                
MR. BOOTH responded that PHS uses  504 plans.  He noted that they                                                               
review 504  plans during the  enrollment process.  He  noted that                                                               
parents are  very understanding.   He commented  that PHS  has no                                                               
issues  with children  on  documented  504 plans  inappropriately                                                               
using their devices.                                                                                                            
                                                                                                                                
4:08:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  stated that the  fiscal note for  bill is                                                               
zero.  He acknowledged that there  would be no direct cost to the                                                               
department  to develop  a policy  regarding cell  phone use.   He                                                               
predicted  that  there  will  likely  be  costs  down  the  road,                                                               
particularly with  the implementation  of a cell  phone ban.   He                                                               
also anticipated  costs from legal  implications of a  cell phone                                                               
ban,  noting that  a parent  might argue  that a  cell phone  ban                                                               
infringes  on  their  First  Amendment  rights  by  not  allowing                                                               
parents to contact their children during the school day.                                                                        
                                                                                                                                
REPRESENTATIVE SADDLER  agreed with prior testimony  stating that                                                               
attention  is   essential  to  education,  the   value  of  which                                                               
outweighs  the entertainment  value of  phones.   He offered  his                                                               
belief that a cell phone ban  is a heavy-handed response, but the                                                               
testimony  had  indicated the  severity  of  the situation.    He                                                               
stated that he would likely support the proposed legislation.                                                                   
                                                                                                                                
4:09:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COULOMBE  offered her belief that  there should be                                                               
no cell  phones in  schools.  She  offered her  concern regarding                                                               
local control.  She offered  her understanding that, under HB 57,                                                               
[Version N],  the state would  write a model policy,  and schools                                                               
have the  option of  adopting the model  policy or  writing their                                                               
own policy.  She asked  how much flexibility the school districts                                                               
would  be allowed,  should the  district elect  to write  its own                                                               
policy.  Further,  she asked whether there  would be consequences                                                               
for not adopting a policy.                                                                                                      
                                                                                                                                
4:11:01 PM                                                                                                                    
                                                                                                                                
COMMISSIONER BISHOP responded that  there are statutes that allow                                                               
for DEED  to enforce  law.   She remarked  that DEED  would first                                                               
communicate  with   schools  regarding  any  failure   of  policy                                                               
adoption to  identify any barriers  to the adoption of  a policy.                                                               
She asserted that  the adoption of a statewide  policy would make                                                               
enforcement among local schools easier.   Further, she noted that                                                               
local   educators  could   [place   blame]  on   [DEED]  as   the                                                               
disciplinarians   and  allow   students   to  maintain   positive                                                               
relationships   with  their   teachers,  should   there  be   any                                                               
opposition locally  to a  cell phone  ban.   She opined  that Mr.                                                               
Booth is doing what DEED should be doing.                                                                                       
                                                                                                                                
4:12:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COULOMBE commented  that she  is disappointed  in                                                               
the  school districts  for not  tackling the  issue at  the local                                                               
level and thanked the commissioner for her work on the subject.                                                                 
                                                                                                                                
4:13:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   CARRICK   echoed   Representative   Saddler   in                                                               
believing that  the legislation was heavy-handed  but stated that                                                               
the  dialogue during  committee hearings  helped her  realize the                                                               
scale of the issue.                                                                                                             
                                                                                                                                
4:14:09 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  HALL  moved to  report  CSHB  57, Version  34-LS0064\N,                                                               
Bergerud, 1/28/25,  as amended, out of  committee with individual                                                               
recommendations and the accompanying fiscal notes.                                                                              
                                                                                                                                
4:14:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NELSON objected.                                                                                                 
                                                                                                                                
4:14:25 PM                                                                                                                    
                                                                                                                                
[A roll call vote was started and voided.]                                                                                      
                                                                                                                                
4:15:04 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.   Representatives Carrick, Coulombe,                                                               
Saddler, Hall, and Fields voted in  favor of the motion to report                                                               
CSHB 57, Version 34-LS0064\N, Bergerud,  1/28/25, as amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying fiscal  notes.  Representative Nelson  voted against                                                               
it.   [Representative  Burke was  teleconferenced  and could  not                                                               
vote on  the motion.]   Therefore, CSHB 57(L&C) was  reported out                                                               
of the House  Labor and Commerce Standing Committee by  a vote of                                                               
5-1.                                                                                                                            

Document Name Date/Time Subjects
Alaska Chamber-How Childcare Impacts Alaska Workforce Productivity and the State Economy.pdf HL&C 2/5/2025 3:15:00 PM
HB 57 Amendment #1 (N (1).pdf HL&C 2/5/2025 3:15:00 PM
HB 57
HB 57 Public Comment Received - 2.5.25.pdf HL&C 2/5/2025 3:15:00 PM
HB 57