03/17/1999 09:04 AM Senate FIN

                                                                                                                                
CS FOR SENATE BILL NO. 27(HES)                                                                                                  
"An Act relating to school records and driver license                                                                           
records of certain children."                                                                                                   
                                                                                                                                
                                                                                                                                
This was the second hearing for this bill. Co-Chair John                                                                        
Torgerson explained that a motion was on the table to adopt                                                                     
Amendment #1, offered by Senator Gary Wilken. No objection                                                                      
had been spoken.                                                                                                                
                                                                                                                                
Senator Gary Wilken moved to remove Amendment #1 and to                                                                         
adopt Amendment #2.  Co-Chair John Torgerson explained that                                                                     
Amendment #2 was the same language that addressed a                                                                             
different section of statute.  Amendment #1 would have                                                                          
amended the section within the Division of Family and Youth                                                                     
Services and would have required the division to release                                                                        
the records as opposed to the school districts.  Amendment                                                                      
school districts.                                                                                                               
                                                                                                                                
Senator Al Adams requested a member of the Department of                                                                        
Education to come forward to address the amendment.  There                                                                      
was no one present representing the department.                                                                                 
                                                                                                                                
JOHN CYR, President, NEA Alaska testified in favor of                                                                           
Amendment #2. He said it filled a gap that had been mission                                                                     
for a long time.  Particularly in urban areas of the state,                                                                     
there were students who transferred from one school                                                                             
district to another after getting in trouble in the first                                                                       
school.  Currently, there was no way to track those                                                                             
students with serious records. He said the NEA was in favor                                                                     
of both the bill and the amendment.                                                                                             
                                                                                                                                
He had a question on Section 1, page 1 line 5 referring to                                                                      
the parent or guardian. He wanted clarification whether                                                                         
that parent meant the custodial parent.  If it didn't he                                                                        
said problems could arise because of some parents who were                                                                      
prohibited from interaction with their children.  Schools                                                                       
needed to be careful not to allow these parents access to                                                                       
the children.                                                                                                                   
                                                                                                                                
Senator Loren Leman responded that he had spoke in the                                                                          
previous meeting about AS 25.20.130. It contained a                                                                             
provision ruling that a parent who did not have custody had                                                                     
the same rights to access of the medical, dental, school                                                                        
and other records of the child, as set out in the law. This                                                                     
bill did not propose to change that.                                                                                            
                                                                                                                                
GEORGE BUHITE, Youth Corrections Administrator, Division of                                                                     
Family and Youth Services, Department of Health and Social                                                                      
Services, testified in favor of Amendment #2.  He said it                                                                       
addressed the division's concerns with school safety.                                                                           
[Remainder of comments inaudible.]                                                                                              
                                                                                                                                
Senator Gary Wilken moved to amend Amendment #2 to replace                                                                      
the word, "bull" with the word, "bill" on line 17.  This                                                                        
was a technical amendment.  There was no objection and the                                                                      
amendment to Amendment #2 was adopted.                                                                                          
                                                                                                                                
Senator Loren Leman noted the title might be adequate as it                                                                     
was but noted that with the adoption of Amendment #2, a                                                                         
title change might be needed.  He proposed a conceptual                                                                         
technical amendment for a title change if it were deemed                                                                        
necessary.  Co-Chair John Torgerson said the amendment had                                                                      
been drafted by the Legal Services Division. He made a                                                                          
friendly amendment to Amendment #2 to allow the bill                                                                            
drafters to incorporate a title change if necessary.                                                                            
                                                                                                                                
Amendment #2 as amended was adopted without objection.                                                                          
                                                                                                                                
Senator Loren Leman offered a motion to move CS SB 27 (HSS)                                                                     
as amended from committee.  There was no objection, and it                                                                      
was so ordered.