Legislature(1999 - 2000)

03/16/1999 09:01 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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CS FOR SENATE BILL NO. 27(HES)                                                                                                  
"An Act relating to school records and driver license                                                                           
records of certain children."                                                                                                   
                                                                                                                                
                                                                                                                                
Senator Loren Leman testified to this bill, which he                                                                            
sponsored.  It came about after he heard from a mother who                                                                      
suspected her minor daughter was driving with a suspended                                                                       
license. When she tried to find out from the Division of                                                                        
Motor Vehicles, she was told that the privacy protection in                                                                     
the law prevented them from releasing that information to                                                                       
her without written permission from the child. Senator                                                                          
Loren Leman believed parents ought to have the right to                                                                         
access to this information.                                                                                                     
                                                                                                                                
He then explained that as the bill progressed, his office                                                                       
learned that state law did not require a school to                                                                              
guarantee access of parents to their child's school                                                                             
records.  He noted that it was common for some school                                                                           
districts to provide that information, there was no                                                                             
requirement in state law.  Therefore, this requirement was                                                                      
added to the bill.                                                                                                              
                                                                                                                                
The Health, Education and Social Services Committee made                                                                        
changes to the bill and Senator Loren Leman requested the                                                                       
Division of Motor Vehicles to comment on those to clarify                                                                       
the intent of the committee.                                                                                                    
                                                                                                                                
The first change eliminated the five-dollar fee for parents                                                                     
who requested the child's drivers license record.                                                                               
Currently, there was no fee charged to law enforcement and                                                                      
Senator Gary Wilken offered an amendment in HESS to do the                                                                      
same for parents.                                                                                                               
                                                                                                                                
The second change allowed the DMV and schools to refuse to                                                                      
release the minor child's address if they believed it could                                                                     
jeopardize the child's health and safety.                                                                                       
                                                                                                                                
Senator Loren Leman shared that the issue raised by DMV was                                                                     
whether an insurance company could claim they were the                                                                          
guardians of the child and avoid paying the fee.  That                                                                          
would jeopardize the finances of the division since they                                                                        
currently processed many requests from insurance, which                                                                         
generated substantial program receipts.  The intent was to                                                                      
not let someone other than the parent or guardian to obtain                                                                     
records at no charge.                                                                                                           
                                                                                                                                
Senator Lyda Green had understood that there were federal                                                                       
requirements that school records be provided to a parent or                                                                     
guardian upon request and wondered why this portion of the                                                                      
bill was necessary.  Senator Loren Leman believed that was                                                                      
correct and this bill would make state law consistent.                                                                          
                                                                                                                                
Senator Lyda Green asked if the state failed to follow                                                                          
through with this bill, would federal funds be withheld.                                                                        
                                                                                                                                
Senator Al Adams shared Senator Lyda Green's feelings that                                                                      
Section 1 was unnecessary. The federal Family Education and                                                                     
Privacy Rights applied to the academic records and excluded                                                                     
health and counseling records, which he felt was a private                                                                      
matter. He said that parents shouldn't be guaranteed access                                                                     
to records such as birth control counseling. In order to                                                                        
adopt this state law, the same exclusions that were in the                                                                      
federal law must also be made.                                                                                                  
                                                                                                                                
Senator Lyda Green asked why the school records were                                                                            
included in the bill.  Senator Loren Leman repeated his                                                                         
explanation that while drafting the driving records access                                                                      
bill, they asked the Legal Services Division if there was a                                                                     
statute granting parental access for school records and was                                                                     
told there was none.  This provision would allow non-                                                                           
custodial parents as well as custodial parents to have                                                                          
access.                                                                                                                         
                                                                                                                                
JUANITA HENSLEY, Administrator, Division of Motor Vehicles,                                                                     
Department of Administration testified.  She said the                                                                           
department understood Senator Loren Leman's desire for                                                                          
parent's to have access to their child's driving records.                                                                       
She said parents currently could get a copy of the record                                                                       
with written release from the minor child.                                                                                      
                                                                                                                                
She spoke to the division's concerns to make sure this                                                                          
would be strictly related to a parent walking into the DMV                                                                      
wanting a copy of their minor child's driver's records. She                                                                     
wanted to ensure that this would not spill over into                                                                            
insurance companies because they had a request for a                                                                            
family's records for the purpose of writing a group policy.                                                                     
There was a $5 charge for every copy of driver's records                                                                        
unless it is from law enforcement or for judicial records.                                                                      
Also state and federal employers, under the Commercial                                                                          
Vehicle Safety Act were required to have a copy of an                                                                           
employee's driver's records and were therefore exempt from                                                                      
the fee.                                                                                                                        
                                                                                                                                
Co-Chair John Torgerson asked if it was her concern because                                                                     
the language was unclear.  Juanita affirmed and said it                                                                         
could be interpreted by the insurance industry as an                                                                            
exemption for them when they requested records on behalf of                                                                     
a parent for the purpose of writing an insurance policy.                                                                        
She commented that the requests for driver's records for                                                                        
purposes other than law enforcement, insurance companies                                                                        
and state and federal employees were only five to ten per                                                                       
year.  She anticipated this would have no fiscal impact on                                                                      
the division.  However, if insurance companies were                                                                             
exempted from the fees, the fiscal impact would be                                                                              
substantial.                                                                                                                    
                                                                                                                                
Co-Chair John Torgerson had trouble understanding why the                                                                       
language wasn't clear.  He didn't see where the insurance                                                                       
companies would have grounds to argue they didn't have to                                                                       
pay the fee. Juanita Hensley responded that she just wanted                                                                     
to clarify the issue and make sure it was on the record.                                                                        
                                                                                                                                
Senator Gary Wilken referred to proposed Amendment #1 and                                                                       
asked if the language on page 2 line 2 eased the division's                                                                     
concern. Juanita said it was still vague because the parent                                                                     
was still requesting the child's driving record through the                                                                     
insurance company.  Senator Gary Wilken said he thought it                                                                      
seemed very clear to him that it would apply to the parent                                                                      
or guardian.  Juanita Hensley argued that the parent was                                                                        
still requesting the child's driver's records but through                                                                       
the insurance company.                                                                                                          
                                                                                                                                
Co-Chair John Torgerson disagreed with the argument.                                                                            
Senator Gary Wilken stated that the intent was to make sure                                                                     
a parent could be exempted from the fee so long as state                                                                        
agencies were not charged.                                                                                                      
                                                                                                                                
Senator Al Adams asked for clarification if it was the                                                                          
intent to charge parents for the records.  Juanita said                                                                         
there would be no charge and since there were so few                                                                            
requests, this would not impact the division's revenues.                                                                        
                                                                                                                                
Recess 9:36AM / 9:37AM                                                                                                          
                                                                                                                                
DARROLL HARGRAVES, Executive Director, Alaska Council of                                                                        
School Administrators, spoke to the parental requests.  He                                                                      
testified that from practical experience, it had never been                                                                     
a problem and that the parent's request always prevailed.                                                                       
Most school districts had a policy covering the matter.                                                                         
More importantly, he stressed the federal Family                                                                                
Educational and Privacy Rights Act set forth the statutes                                                                       
that school districts followed.  Therefore, he thought most                                                                     
of the concerns were covered with that statute. SB 27 was                                                                       
not a problem according to Darroll Hargraves, but he did                                                                        
want to bring the federal statute to the attention of the                                                                       
committee. He concurred that parents should have the right                                                                      
to access school and driving records of their miner                                                                             
children.                                                                                                                       
                                                                                                                                
Co-Chair John Torgerson requested Darrell Hargraves read                                                                        
the proposed Amendment #1 and to stand by to comment on                                                                         
those changes.                                                                                                                  
                                                                                                                                
Senator Gary Wilken moved for adoption of Amendment #1.                                                                         
Co-Chair John Torgerson explained that it would make it                                                                         
mandatory to release information to a school district about                                                                     
a miner's alleged commission of an offense that was                                                                             
punishable as a felony or involvement with a deadly weapon                                                                      
if that miner was transferring to the school district.                                                                          
                                                                                                                                
He explained that this amendment was a result of requests                                                                       
from principals in his district with concerns about                                                                             
students expelled from a school for commission of a serious                                                                     
crime who could then enroll in another school district                                                                          
without a requirement the new school district be notified                                                                       
of the circumstances.                                                                                                           
                                                                                                                                
Senator Lyda Green asked if there was a provision where                                                                         
confidentiality covered a student who committed this                                                                            
serious of a crime.  She supported the transfer of the                                                                          
information to the school, but wanted to prevent the                                                                            
information from reaching non-relevant school staff.  She                                                                       
wanted to shield the information from reaching everyone at                                                                      
the school. Co-Chair John Torgerson was unsure and thought                                                                      
there probably was some privacy protection. His intention                                                                       
was to let the school know so they could determine whether                                                                      
or not to let the child enroll in the school. He noted that                                                                     
if a child was convicted the information would be public.                                                                       
                                                                                                                                
Darroll Hargraves said that would present a problem because                                                                     
sometimes volunteers opened the mail.  However, it was                                                                          
important that information about crimes committed by                                                                            
certain students be given to the school.  If the intent was                                                                     
to notify a receiving school that a child has been found                                                                        
guilty of a heinous crime, that was to be commended, he                                                                         
added.                                                                                                                          
                                                                                                                                
Senator Gary Wilken said his wife had been on the school                                                                        
board and it was a problem of communication between law                                                                         
enforcement and the school districts that was worked out                                                                        
the district level.  He suggested the committee look at the                                                                     
language dictating how public safety must communicate with                                                                      
the district to ensure confidentiality. He thought it was                                                                       
with the superintendent of schools and that was were the                                                                        
shield of confidentiality was protected. He supported the                                                                       
amendment.                                                                                                                      
Co-Chair John Torgerson ordered the bill and the amendment                                                                      
held in committee.                                                                                                              
                                                                                                                                

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