Legislature(2003 - 2004)
03/08/2004 09:05 AM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 179(HES)
"An Act relating to criminal history records and background
checks; allowing persons to teach in the public schools for up
to five months without a teaching certificate if the person
has applied for a certificate and the application has not been
acted upon by the Department of Education and Early
Development; allowing teacher certification for certain
persons based on a criminal history background check without
fingerprints; and providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Wilken stated this bill, sponsored by Senator Therriault,
"amends the State law to meet the requirements set out by the
United States Department of Justice in regards to federal
background checks on Alaskans. Senate Bill 179 addresses a concern
expressed by teachers whose fingerprints are not processed in a
timely manner." He noted a draft of a committee substitute, which
contains changes proposed by the Senate Health, Education and
Social Services Committee.
Co-Chair Green moved for adoption of CS SB 179, 23-LS0938\U, as a
working document.
Co-Chair Wilken objected for an explanation.
ZACH WARWICK, Staff to Senator Therriault, testified that this bill
stared as a "tool" to allow teachers an alternative in the current
system of criminal history background checks necessary to receive a
teaching certificate. However, he reported that a problem arose in
that a number of teachers were required to resubmit fingerprint
samples every three months due to illegible samples. He explained
that the ridges on the fingers of many teachers, and many nurses as
well, tend to wear down after many years of handling paper. He
stated the affected teachers are usually those who had retired and
were now returning to teaching.
Mr. Warwick stated that during FY 03 over 40 teachers are affected
by an inability to collect legible fingerprints, are required to
resubmit their prints, thus resulting in an "endless process".
Mr. Warwick relayed that he was informed by the Department of Law
and the Department of Public Safety that the State was in jeopardy
of losing its "ability to perform federal" background checks for
professions requiring clearance. He reminded that the State had
been granted "broad based authority" to perform background checks
on a number of professions, although provisions to conduct
fingerprinting were regulatory rather than statutory. In 1997, he
stated that the federal government audited the State's practices
and directed the language to be contained in statutes.
Mr. Warwick told of a "laundry list" of professions requiring
criminal history background checks that was developed by the Senate
Health Education and Social Services Committee, upon consultation
between the Department of Law and the Department of Public Safety.
He noted that changes to the original version of the bill were made
conceptually and that meanwhile, Representative Carl Gatto
introduced separate legislation to address delays in processing of
criminal history background checks for some teachers. He noted
these delays were not due to illegible fingerprints or criminal
histories, but rather because of a backlog in processing.
Mr. Warwick stated that the Senate Health Education and Social
Services Committee proposed extending the application period from
three to five months; however, the Division of Legal and Research
Services advised that such a change to this bill would violate the
single subject rule pertaining to legislation. In addition, he
stated that the Department of Education and Early Development had
concerns that teachers would submit applications later and time
would not be allowed for processing delays.
Mr. Warwick told of efforts to address these concerns. He stated
that the committee substitute retains the three month application
period and grants the Department of Education and Early Development
the ability to issue a 60-day conditional waiver to accommodate
processing delays. He noted these changes comply with the single
subject rule.
Co-Chair Wilken removed his objection to the adoption of the
committee substitute and the committee substitute was ADOPTED as a
working draft.
Co-Chair Green referenced Section 7 on pages 3 and 4 of the
committee substitute, which would add a new article and statute:
Article 1A. National Criminal History Record Check., and AS
12.62.400. National criminal history record checks for employment,
licensing, and other noncriminal justice purposes. She asked about
any questions or concerns regarding criminal history background
checks for handgun ownership permits.
Mr. Warwick answered that no questions or concerns have been
expressed to the sponsor.
Co-Chair Green clarified this committee substitute would not change
the current system relating to issuance of permits for the
ownership of handguns.
Mr. Warwick understood that the provisions of Section 7 are
currently authorized in regulations.
DAVID SCHADE, Department of Public Safety testified via
teleconference from an offnet location that he and other Department
staff were available to respond to questions.
PAULA HARRISION, Director, Human Resources and Labor Relations,
Mat-Su School District testified via teleconference from an offnet
location in support of this committee substitute and efforts to
"keep this bill alive" until the regulations are made statutory.
She offered to share experiences of the school district.
JENNIFER TAYLOR, testified via teleconference from Ketchikan and
read her written testimony into the record as follows
I have been certified as an Alaskan teacher since 1981. Every
subsequent five years it has been necessary to repeat
fingerprint processing (rolling) numerous times at the only
locally available agency, the Craig Police Department. The
ridges normally required for finger print identification, are
not well enough defined on my fingers to suit the Alaska
Department of Education and Early Development requirements.
Home remedies such as soaking my hands in lotion and corn
starch, avoiding all housework, and splitting of firewood,
merely leave my home dirty and my children cold, and still do
not promote better-defined prints. I had 8 finger print cards
rolled for me, on three occasions, by the Craig Police
Department in the past seven months. Chief See took the time
to write a department letter to the Dept. of Education
explaining that my particular fingerprints would likely
consistently be illegible because my ridges were not well
enough defined. He was upset with me that his letter was
essentially ignored. This is not theoretically a medical
condition, nor a disability, though apparently it is permanent
and has not been cured by replacing our wood stove with a toyo
stove.
My concern is that the language in Section 10 allows for the
inclusion of public safety and police officers trained and
familiar with fingerprint processing (rolling) as experts, in
addition to medical doctors for the purposes of determining
that cases such as my own, where prints are repeatedly
illegible, be included as "a permanent skin condition". Such
is especially important considering the lack of access in
rural Alaska to other than public safety officers as agencies
to obtain prints. My Alaskan teaching certification fees
already cost me seven times that of my Washington teaching
certificate, and without health insurance, I cannot afford the
added expense of a medical office visit to explain my non-
medical skin "condition".
Thank you for your consideration
Co-Chair Wilken referenced Section 7 and the list of professions
requiring criminal history record checks and asked whether day care
providers are included.
Mr. Warwick surmised that subparagraph (5) includes daycare
providers. The language reads as follows.
(5) a position involving supervisory or disciplinary
power over a minor or dependent adult for which criminal
justice information may be released under AS 12.62.160(b)(9);
KEVIN SWEENEY, Legislative Liaison, Department of Education and
Early Development, testified to the Department's efforts to change
the regulatory provisions to statutory. However, he requested
clarification of language in the committee substitute.
Mr. Sweeney referenced AS 14.20.020(j)(1) in Section 10 on page 6,
lines 10 and 11, which reads as follows
(1) person cannot submit legible fingerprint cards
due to a permanent disability that precludes the person's
ability to submit fingerprints; or
Mr. Sweeney asked the sponsor's intent as to how the Department
would verify that a teacher's fingerprints could not be read. He
noted the Department would be unable to make such verifications
"from afar".
Mr. Warwick expressed intent that the official agency conducting
fingerprinting would verify whether a person was unable to submit
legible fingerprint cards due to a permanent disability.
Mr. Sweeney also clarified that a person with missing fingers or
hands could be determined by a physician to be a permanent
disability.
Mr. Warwick agreed this would be considered a permanent disability.
Mr. Sweeney next referenced new language inserted to AS 14.20.010
in Section 8 on page 5, lines 1 through 7 of the committee
substitute, which reads as follows.
A person who has made application for a certificate under this
section may teach for an additional 60 days beyond three
months without a certificate if the department grants a
written extension. An extension may be granted under this
section for not more than 60 days to the person solely due to
delay in the department's receipt of criminal justice
information under AS 12.62 or a national criminal history
record check under AS 12.62.400.
Mr. Sweeney requested clarification that such an extension would be
granted only if the delay is the result of a backlog of the
criminal history record check process, rather than failure for the
teacher to submit fingerprints. He shared that many applications
are received "at the last minute" of the current 90 day period and
do not provide adequate time for processing. He expressed the
Department's concern with avoiding a situation in which a person
with a sexual deviant criminal history is dealing with young
children.
Co-Chair Green offered motion to report CS SB 179, 23-LS0938\U from
Committee with individual recommendations and two new fiscal notes.
AT EASE 9:22 AM / 9:27 AM
There was no objection and CS SB 179 (FIN) REPORTED from Committee
with two zero fiscal notes dated 3/8/04 from the Department of
Public Safety, and the Department of Education and Early
Development.
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