05/04/2004 02:38 PM House HES
| Audio | Topic |
|---|
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES
STANDING COMMITTEE
May 4, 2004
2:38 p.m.
MEMBERS PRESENT
Representative Peggy Wilson, Chair
Representative Carl Gatto, Vice Chair
Representative John Coghill
Representative Paul Seaton
Representative Kelly Wolf
Representative Sharon Cissna
Representative Mary Kapsner
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 239
"An Act relating to the required number of days in a school
year."
- MOVED CSSB 239(HES) am OUT OF COMMITTEE
CONFIRMATION HEARINGS
Board of Education and Early Development
Sylvia J. Reynolds - Soldotna
- CONFIRMATION(S) ADVANCED
Alaska Mental Health Trust Authority Board of Trustees
Dr. William H. Doolittle - Fairbanks, Alaska
Tom J. Hawkins - Anchorage
- CONFIRMATION(S) ADVANCED
Board of Nursing
James E. Jurrens - Juneau
- CONFIRMATION(S) ADVANCED
Professional Teaching Practices Commission
Kimberly Jockusch - Anchorage
Dr. Donna Peterson - Soldotna
- CONFIRMATION(S) ADVANCED
Board of Social Work Examiners
Darrell Allman - Anchorage
Mildred D. Townsend - Anchorage
- CONFIRMATION(S) ADVANCED
Board of Certified Direct-Entry Midwives
Sharon K. Evans - Palmer
- CONFIRMATION(S) ADVANCED
Board of Examiners in Optometry
Dr. Jill Geering Matheson - Juneau
Dr. Jeff Gonnason - Anchorage
- CONFIRMATION(S) ADVANCED
Board of Dispensing Opticians
Larry E. Harper - Anchorage
- CONFIRMATION(S) ADVANCED
Board of Education and Early Development
Carol J. Schaeffer - Kotzebue
- CONFIRMATION(S) ADVANCED
Board of Certified Direct-Entry Midwives
Dana L. Brown - Fairbanks
- CONFIRMATION(S) ADVANCED
SENATE BILL NO. 219
"An Act relating to offenses against unborn children."
- MOVED CSSB 219(JUD)am OUT OF COMMITTEE
HOUSE BILL NO. 434
"An Act relating to the practice of naturopathic medicine; and
providing for an effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SB 239
SHORT TITLE: LENGTH OF SCHOOL TERM
SPONSOR(S): SENATOR(S) DYSON
01/12/04 (S) PREFILE RELEASED 1/2/04
01/12/04 (S) READ THE FIRST TIME - REFERRALS
01/12/04 (S) HES
02/04/04 (S) HES AT 1:30 PM BUTROVICH 205
02/04/04 (S) Heard & Held
02/04/04 (S) MINUTE(HES)
02/20/04 (S) HES AT 1:30 PM BUTROVICH 205
02/20/04 (S) -- Meeting Canceled --
02/23/04 (S) HES AT 2:30 PM BUTROVICH 205
02/23/04 (S) Heard & Held
02/23/04 (S) MINUTE(HES)
02/25/04 (S) HES AT 1:30 PM BUTROVICH 205
02/25/04 (S) Moved CSSB 239(HES) Out of Committee
02/25/04 (S) MINUTE(HES)
02/27/04 (S) HES RPT CS 1DP 2NR 1AM SAME TITLE
02/27/04 (S) DP: DYSON; NR: GUESS, GREEN;
02/27/04 (S) AM: WILKEN
04/28/04 (S) TRANSMITTED TO (H)
04/28/04 (S) VERSION: CSSB 239(HES) AM
04/30/04 (H) READ THE FIRST TIME - REFERRALS
04/30/04 (H) HES
05/04/04 (H) HES AT 2:30 PM CAPITOL 106
BILL: SB 219
SHORT TITLE: OFFENSES AGAINST UNBORN CHILDREN
SPONSOR(S): SENATOR(S) DYSON
05/11/03 (S) READ THE FIRST TIME - REFERRALS
05/11/03 (S) STA, JUD
04/06/04 (S) STA AT 3:30 PM BELTZ 211
04/06/04 (S) Moved SB 219 Out of Committee
04/06/04 (S) MINUTE(STA)
04/07/04 (S) STA RPT 2DP 1NR
04/07/04 (S) DP: STEVENS G, COWDERY; NR: STEDMAN
04/07/04 (S) FIN REFERRAL ADDED AFTER JUD
04/16/04 (S) JUD RPT CS 3DP 1AM SAME TITLE
04/16/04 (S) DP: SEEKINS, THERRIAULT, OGAN;
04/16/04 (S) AM: FRENCH
04/16/04 (S) JUD AT 8:00 AM BUTROVICH 205
04/16/04 (S) Moved CSSB 219(JUD) Out of Committee
04/16/04 (S) MINUTE(JUD)
04/19/04 (S) FIN REFERRAL WAIVED
04/22/04 (S) TRANSMITTED TO (H)
04/22/04 (S) VERSION: CSSB 219(JUD) AM
04/30/04 (H) READ THE FIRST TIME - REFERRALS
04/30/04 (H) HES, JUD
05/04/04 (H) HES AT 2:30 PM CAPITOL 106
WITNESS REGISTER
SENATOR FRED DYSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 239, presented the bill to
the committee and answered questions from the members.
KEVIN SWEENEY, Special Assistant to the Commissioner
Office of the Commissioner
Department of Education and Early Development
Juneau, Alaska
POSITION STATEMENT: Testified on SB 239 and answered questions
from the members
SYLVIA REYNOLDS, Appointee
to the Board of Education and Early Development
Soldotna, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Education and Early Development and answered questions from the
members.
DR. WILLIAM H. DOOLITTLE, Appointee
to the Alaska Mental Health Trust Authority Board of Trustees
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Mental
Health Trust Authority Board and answered questions from the
members.
TOM J. HAWKINS, Appointee
to the Alaska Mental Health Trust Authority Board of Trustees
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Mental
Health Trust Authority Board of Trustees and answered questions
from the members.
JAMES E. JURRENS, Appointee
to the Board of Nursing
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Nursing and answered questions from the members.
KIMBERLY JOCKUSCH, Appointee
to the Professional Teaching Practices Commission
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Professional
Teaching Practices Commission and answered questions from the
members.
DR. DONNA PETERSON, Appointee
to the Professional Teaching Practices Commission
Soldotna, Alaska
POSITION STATEMENT: Testified as appointee to the Professional
Teaching Practices Commission and answered questions from the
members.
DARRELL ALLMAN, Appointee
to the Board of Social Work Examiners
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Social Work Examiners and answered questions from the members.
MILDRED D. TOWNSEND, Appointee
to the Board of Social Work Examiners
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Social Work Examiners and answered questions from the members.
SHARON EVANS, Appointee
to the Board of Certified Direct-Entry Midwives
Palmer, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Certified Direct-Entry Midwives and answered questions from the
members.
DR. JILL GEERING MATHESON, Appointee
to the Board of Examiners in Optometry
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Examiners in Optometry and answered questions from the members.
DR. JEFF GONNASON, Appointee
to the Board of Examiners in Optometry
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Examiners in Optometry and answered questions from the members.
LARRY E. HARPER, Appointee
to the Board of Dispensing Opticians
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Dispensing Opticians and answered questions from the members.
WES KELLER, Staff
to Senator Fred Dyson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified on SB 219 and answered question
from the committee.
KAREN VOSBURGH, Executive Director
Alaska Right to Life
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 219.
CAREN ROBINSON
Alaska Women's Lobby
Juneau, Alaska
POSITION STATEMENT: Testified on SB 219 and answered questions
from the members.
ACTION NARRATIVE
TAPE 04-39, SIDE A
Number 0001
CHAIR PEGGY WILSON called the House Health, Education and Social
Services Standing Committee meeting to order at 2:38 p.m.
Representatives Wilson, Gatto, Wolf, and Seaton were present at
the call to order. Representatives Coghill, Cissna, and Kapsner
arrived as the meeting was in progress.
SB 239-LENGTH OF SCHOOL TERM
Number 0063
CHAIR WILSON announced that the first order of business would be
SENATE BILL NO. 239, "An Act relating to the required number of
days in a school year."
Number 0109
SENATOR FRED DYSON, Alaska State Legislature, sponsor of SB 239,
presented the bill to the committee and answered questions from
the members. He explained that he filed SB 239 at the request
of the [Anchorage] School District. This bill will allow some
flexibility in the number of days a school is in session.
Senator Dyson said that there has been a very successful charter
school which held classes four days per week. The students were
doing very well, the teachers and parents loved it, and the
school district had approved this plan. After the plan's
approval it was found that under state law school attendance is
required for 180 days so the district was not permitted to allow
it to go forward, he explained. The original bill was amended
on the floor from 150 days of attendance to equivalent hours,
Senator Dyson told the committee.
Number 0230
CHAIR WILSON announced that the committee is looking at CSSB
239(HES)am, 23-LS1269\D.A.
SENATOR DYSON clarified that this version of the bill provides
that students can attend school less than 180 days. However,
students in kindergarten through third grade must have at least
740 hours of instruction and study periods, and students
attending grades fourth through twelfth grades must have 900
hours of instruction and study periods. He added that any
school that wishes to use this option must first obtain approval
from its superintendent, school board, and then present it to
the commissioner of education. Senator Dyson shared that
several of the boarding schools are very interested in this
option since it would allow the students to go home more often.
He pointed out that there is a retroactive portion of the bill
[page 2, lines 17 and 18] which addresses the problem the school
that was approved by the Anchorage School District is
experiencing because it was found that the plan was not
currently legal under Alaska statute. He told the committee the
students are now attending classes six days per week to make up
for the lost time. If this bill passes with the retroactive
effective day, then the school can cut back to a normal class
schedule, he said. He added that the Legislative Legal and
Research Services has confirmed that this retroactive clause is
fine.
Number 0375
CHAIR WILSON shared that she has to cousins who are teachers in
Colorado where this type of schedule has been implemented as a
cost savings effort. There is a savings in utility costs, she
said. Chair Wilson added that the teachers love the schedule.
Some parents may not like it because it may require parents to
hire a babysitter while they work.
SENATOR DYSON agreed that there are savings. The districts that
his office has communicated with who have implemented similar
plans have saved money on transportation costs, janitorial and
cooking costs. He stated that as long as the students are
learning what is necessary, he believes the state should allow
the schools some flexibility.
Number 0445
CHAIR WILSON announced for the record that Representative Cissna
has joined the meeting.
Number 0456
REPRESENTATIVE SEATON commented that the way he calculates a
seven-hour day, the school year could be down to 130 days of
schools for secondary schools, and 105 or 106 for primary
schools. He asked if it is Senator Dyson intention to see that
kind of reduction in attendance days.
SENATOR DYSON replied that no schools that he knows of have the
intention of having classes for seven hours. Once the time for
recesses, lunchtime, and movement between classes is removed
from the class day, the number of class hours would be far less
hours than [seven hours], he added.
REPRESENTATIVE SEATON pointed out that the school could go to a
longer day and still only have classes 106 days per year.
CHAIR WILSON reminded the members that any change in the class
schedule must be approved by the superintendent, the school
board, [and the commissioner of education]. She pointed out
that kids can only tolerate a limited number of hours in the
classroom.
REPRESENTATIVE SEATON asked what is the current number of hours
students attend classes.
CHAIR WILSON replied six hours.
REPRESENTATIVE SEATON asked for clarification on the current
school year.
Number 0567
REPRESENTATIVE GATTO responded that currently there are 180
days, and 170 of those days are contact days. The other 10 days
are for teacher in-services, he added.
REPRESENTATIVE SEATON acknowledge that there are 170 contact
days per school year currently under law. This legislation
would allowed for longer hours. He surmised that by increasing
the classroom time by one hour per day students would attend
school 106 days for elementary school and 130 days for secondary
school. He asked if this is what the sponsor wished to
accomplish with this bill, since he notes that the original bill
only wanted the school term to be reduced to 150 days.
Number 0622
SENATOR DYSON pointed to page 2, line 8, and emphasized that
everything that takes place at school that is not instruction or
study periods would not be included in the hour count.
Number 0644
REPRESENTATIVE GATTO referred to page 2, line 8, where it says
"at least" 740 hours instruction, and on page 2, line 9, says
"at least" 900 hours of instruction. He said that on page 2,
line 13 [and 14], there is further clarification where it says
"students will receive the approximate education equivalent of a
180-day term." Representative Gatto commented that he does not
see where the bill diminishes any contact time, but simply
allows the flexibility to rearrange the contact time.
REPRESENTATIVE SEATON asked Senator Dyson if students currently
receive 740 hours in 170 contact days.
SENATOR DYSON replied that he would not say that, but suggested
that is probably a good equivalent. He agreed with
Representative Gatto's comments. These hours are minimums and
were inserted into the bill to ensure members of the other body
were comfortable with the reduction in required school days.
Chair Wilson is correct in her statement that the
superintendent, school board, [and commissioner of the
Department of Education and Early Development] would have to
approve the change in school year, he added.
REPRESENTATIVE SEATON asked if representatives from the
Department of Education and Early Development would speak to his
question on the current assumption that 740 hours of contact
time is provided in a 170-day school term.
Number 0773
REPRESENTATIVE WOLF referred to page 2, line 8, where it refers
to 740 hours of instruction. He commented that at six hours per
day, that is 123 days.
Number 0817
KEVIN SWEENEY, Special Assistant to the Commissioner, Office of
the Commissioner, Department of Education and Early Development,
testified on SB 239 and answered questions from the members. He
explained that in statute a day in session is described as at
least four hours of instruction for primary grades, and at least
five hours for grades four through twelve. This time excludes
intermission. What was done is that 180 days was [multiplied]
by four hours for the 740 hours for the primary grades and
multiplied by five hours for the 900 hours required for grades
four through twelve, he explained.
MR. SWEENEY told the members that he just spoke to the
commissioner on this bill, and explained that the department had
worked with Senator Dyson to insert the 140-day requirement.
However, the bill was then changed on the floor of the senate
from days to hours. Mr. Sweeney emphasized that the
commissioner is comfortable with this change. The commissioner
will have a litmus test to ensure that the quality of the time
provides the equivalent of 180 days of education, he said. It
is assumed that the school board will be doing the same thing,
he added. Mr. Sweeney reiterated that the commissioner supports
the bill.
Number 0907
CHAIR WILSON said she is also comfortable with the bill.
REPRESENTATIVE GATTO pointed out that there is another important
benefit for some boarding schools. For example, Nenana School
District could possibly offer an education to additional
children by condensing the number of days the existing student
enrollment attends school. There are fixed expenses for running
the school, but if the school had more children enrolled the
school would receive more income as a result of the boarding
school. Representative Gatto said there is a real advantage in
having the opportunity to offer an education to more students at
an existing site, rather than having a limited enrollment that
cannot be changed.
Number 0988
REPRESENTATIVE SEATON asked Representative Gatto if he means
that by reducing the number of days in a term the school could
run two sets of students through the same site.
REPRESENTATIVE GATTO said that's correct. For example, one
group of student could go to school from September to February
and a second set could go from February to August. It would
make it possible to have two entire classes go through the same
site per year.
CHAIR WILSON acknowledge that some states do just that.
REPRESENTATIVE GATTO moved to report CSSB 239(HES)am, 23-
LS1269\D.A, out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, CSSB
239(HES)am was reported out of the House Health, Education and
Social Services Standing Committee.
^CONFIRMATION HEARING(S)
^Board of Education and Early Development
^Alaska Mental Health Trust Authority Board of Trustees
^Board of Nursing
^Professional Teaching Practices Commission
^Board of Social Work Examiners
^Board of Certified Direct-Entry Midwives
^Board of Examiners in Optometry
^Board of Dispensing Opticians
Number 1087
CHAIR WILSON announced that the next order of business would be
the confirmation of the governor's appointments to boards. She
told the members that the first appointment is Sylvia J.
Reynolds to the Board of Education and Early Development. Chair
Wilson invited Ms. Reynolds to provide opening remarks, and
answer members' questions.
Number 1133
SYLVIA REYNOLDS, Appointee to the Board of Education and Early
Development, testified as appointee to the Board of Education
and Early Development and answered questions from the members.
She told the members that she believes she brings a perspective
to the board on elementary and secondary education from her
years of experience in the trenches. Ms. Reynolds shared that
she has taught in Nome and Juneau, and is currently teaching in
Kenai. That experience adds to her perspective on education
issues, she said.
Number 1203
REPRESENTATIVE WOLF thanked Ms. Reynolds for her willingness to
serve the state.
Number 1224
REPRESENTATIVE GATTO noted that Ms. Reynolds was named principal
of the year in 2000. He asked her to comment on the particular
achievement that merited that honor.
MS. REYNOLDS responded that she does not attribute anything she
did in being honored with that title. She said that it was the
people she worked with who really should be honored. There were
quality people at Soldotna High School. For example, one of the
staff was a Milken Award winner. It was believed that it was
really important to keep parents in the loop so a homework
hotline was developed. The students hated it, but the parents
and teachers loved it. She explained that there was easy access
between teachers and parents through e-mail, so the school
received a national technology award which helped.
REPRESENTATIVE GATTO asked Ms. Reynolds to comment on the High
School Qualifying Exam (HSGQE) and the No Child Left Behind Act
(NCLB). He asked if she believes NCLB will still be in effect
in three years.
MS. REYNOLDS commented that those are loaded questions. She
told the members that she believes the HSGQE has been watered
down. It is important to have goals and standards in place, she
said, but she also believes that as an educator there are many
ways to get there. There are many ways of measuring a child's
intelligence. Ms. Reynolds told the committee that NCLB is kind
of a love/hate relationship. She said she likes it from the
standpoint that it makes teachers accountable for what they are
doing in the classroom. The assessments that are in place are
driving reconstruction in the classroom. Teachers are being
more reflective and thoughtful in what is being done with
students so that they are successful, she said. Ms. Reynolds
told the members that this is not the answer to everything. As
an educator she feels frustrated because she sees a lot of
testing taking place and if a teacher is doing the job they are
suppose to be doing it robs instructional time. In closing she
said that she would like to see many versions of the HSGQE.
Number 1399
REPRESENTATIVE WOLF moved that the House Health, Education and
Social Services Standing Committee has reviewed the
qualifications of Sylvia J. Reynolds, the governor's appointee
to the State Board of Education and Early Development, and to
recommend that her nomination be forwarded to a joint session
for consideration. There being no objection, Sylvia J.
Reynolds' nomination will be forwarded to the joint session for
consideration.
Number 1420
CHAIR WILSON announced for the record that Representative
Kapsner has joined the meeting.
CHAIR WILSON asked if Carol (Bunny) J. Schaeffer is available to
testify. Since there was no response Chair Wilson moved on to
the next appointee.
CHAIR WILSON told the members that the next appointment is Dr.
William H. Doolittle, to Alaska Mental Health Trust Authority
Board of Trustees. Chair Wilson invited Dr. Doolittle to
provide opening remarks, and answer members' questions.
Number 1536
DR. WILLIAM H. DOOLITTLE, Appointee to the Alaska Mental Health
Trust Authority Board of Trustees, testified as appointee to the
Alaska Mental Health Trust Authority Board of Trustees and
answered questions from the members. He told the members that
he has practiced in internal medicine for 40 years and during
that time he became acutely aware of the problems of access to
mental health care. He explained that there has been a
disconnect between primary care practitioners and the help that
is available to patients needing mental health care. Dr.
Doolittle told the committee that the Alaska Mental Health Trust
Authority has a major task in bringing about the best for the
most [patients]. He said he has some insights in how that might
be accomplished.
Number 1539
REPRESENTATIVE CISSNA commented that one problem she believes
the state is experiencing is a lack of perspective of the larger
view of mental health issues. She asked Dr. Doolittle what
experience he has in working with providers across the state.
DR. DOOLITTLE asked if she is referring specifically to mental
health experience.
REPRESENTATIVE CISSNA replied that mental health is part of
health issues.
DR. DOOLITTLE told the members that communication across that
state has been very difficult. He shared that some years ago he
participated in a program that was to integrate some of the
efforts of physicians across the state. For three months he
traveled to every community in the state, and observed the
differences and became acutely aware of the difficulty in
communication. He spent time determining the mechanisms by
which that communication might be accomplished, he said. Word
of mouth was the best way. That can take place in a number of
forums, but it cannot be repeated too many times, he added. Dr.
Doolittle told the members that it must be succinct, focused,
and a message that will help.
Number 1671
REPRESENTATIVE CISSNA moved that the House Health, Education and
Social Services Standing Committee has reviewed the
qualifications of Dr. William H. Doolittle, the governor's
appointee to the Alaska Mental Health Trust Authority Board of
Trustees, and to recommend that his nomination be forwarded to a
joint session for consideration. There being no objection, Dr.
William H. Doolittle's nomination was forwarded to the joint
session for consideration.
Number 1699
CHAIR WILSON told the members that the next appointment is Tom
J. Hawkins, to Alaska Mental Health Trust Authority Board of
Trustees. Chair Wilson invited Mr. Hawkins to provide opening
remarks, and answer members' questions.
TOM J. HAWKINS, Appointee to the Alaska Mental Health Trust
Authority Board of Trustees, testified as appointee to the
Alaska Mental Health Trust Authority Board of Trustees and
answered questions from the members. Mr. Hawkins told the
members that he believes the work of the Alaska Mental Health
Trust Authority is very important, and requires a lot of energy
to be effective. He said he chaired the resource management
committee of the trust and has been very active over the past
four years. In summary, Mr. Hawkins told the members that he
looks forward to bringing his resource and asset management
experience to benefit these beneficiaries.
REPRESENTATIVE CISSNA moved that the House Health, Education and
Social Services Standing Committee has reviewed the
qualifications of Tom J. Hawkins, the governor's appointee to
the Alaska Mental Health Trust Authority Board of Trustees, and
to recommend that his nomination be forwarded to a joint session
for consideration. There being no objection, Tom J. Hawkins'
nomination was forwarded to the joint session for consideration.
Number 1784
CHAIR WILSON told the members that the next appointment is James
E. Jurrens, to Board of Nursing. Chair Wilson invited Mr.
Jurrens to provide opening remarks, and answer members'
questions.
JAMES E. JURRENS, Appointee to the Board of Nursing, testified
as appointee to the Board of Nursing and answered questions from
the members. He told the members that he has served on the
board for the last year to fill a vacated position. Mr. Jurrens
explained that he has represented nursing and has served in the
trenches in hospital settings. He added that he is from Juneau
and represents Southeast Alaska.
Number 1826
REPRESENTATIVE GATTO asked about the dates of Mr. Jurrens
academic record. He inquired if the dates were earlier than
1998.
MR. JURRENS responded that all of his academics were much
earlier than that. He explained that he finished nursing school
in 1985 and has been in the field of nursing since then. He
commented that there is always on-going work that must be done
to keep nursing credentials, but that is not in a university
setting.
REPRESENTATIVE GATTO asked if he is currently employed at
Bartlett Regional Hospital.
MR. JURRENS said yes. He told the members that he is the
surgical service manager there.
REPRESENTATIVE CISSNA noted that Mr. Jurrens served as a
traveling nurse several times out of state. She told Mr.
Jurrens that she appreciates that he has served on the board for
a year and asked him to comment on his views in terms of the
nursing needs of the state as a whole.
MR. JURRENS commented that his wife is also a nurse. He told
the members that he spent eight months as a traveling nurse
working in Fairbanks in the operating room and has worked the
last three years in Juneau. Mr. Jurrens told the members that
his service for the last year on the Board of Nursing has made
him aware of the need for nursing in the Bush areas. One of the
issues the board worked on was dealing with the delegation to
the unlicensed assistant personnel. At the end of the April
that project was finished and has been sent to the Department of
Law. The board is hopeful it will be approved, he added. His
service on the board for the last year has provided him with a
view of how varied the nursing needs are across the state, from
Providence Hospital to the smaller communities such as Bethel
and Barrow, he said.
Number 1983
REPRESENTATIVE CISSNA moved that the House Health, Education and
Social Services Standing Committee has reviewed the
qualifications of James E. Jurrens, the governor's appointee to
the Board of Nursing, and to recommend that his nomination be
forwarded to a joint session for consideration. There being no
objection, James E. Jurrens' nomination was forwarded to the
joint session for consideration.
Number 2008
CHAIR WILSON told the members that the next appointment is
Kimberly Jockusch, to the Professional Teaching Practices
Commission. Chair Wilson invited Ms. Jockusch to provide
opening remarks, and answer members' questions.
KIMBERLY JOCKUSCH, Appointee to the Professional Teaching
Practices Commission, testified as appointee to the Professional
Teaching Practices Commission and answered questions from the
members. She told the members that she has worked for the
Professional Teaching Practices Commission this past year. Ms
Jockusch said that she has always believed that it is critical
for educators to monitor their own profession. This past year
has been a very valuable experience in doing that, she added.
REPRESENTATIVE GATTO noted that her resume reflects a lot of
movement within the Anchorage School District. He asked her to
comment on that.
Number 2075
MS. JOCKUSCH explained that early in her career she was subject
to involuntary transfers. She said that as her family situation
changed she went from a full-time position to a half-time
position, and then as her family grew, she returned to a full-
time position. Recently she changed schools to have an
opportunity to teach a two-year kindergarten to first grade
position.
REPRESENTATIVE GATTO asked if any of the involuntary transfers
were a result of an action against her.
MS. JOCKUSCH replied no. She told the members that the
involuntary transfers early in her career were a result of
reductions in staffing and reassignment to other teaching
positions in the district.
Number 2125
REPRESENTATIVE GATTO moved that the House Health, Education and
Social Services Standing Committee has reviewed the
qualifications of Kimberly Jockusch, the governor's appointee to
the Professional Teaching Practices Commission, and to recommend
that her nomination be forwarded to a joint session for
consideration. There being no objection, Kimberly Jockusch's
nomination was forwarded to the joint session for consideration.
Number 2211
CHAIR WILSON told the members that the next appointment is Dr.
Donna Peterson, to the Professional Teaching Practices
Commission. Chair Wilson invited Dr. Peterson to provide
opening remarks, and answer members' questions.
DR. DONNA PETERSON, Appointee to the Professional Teaching
Practices Commission, testified as appointee to the Professional
Teaching Practices Commission and answered questions from the
members. She told the members that she has served for three
years on the Professional Teaching Practices Commission. Dr.
Peterson said it has been a learning experience and believes it
is a very necessary committee in the state.
REPRESENTATIVE WOLF told the members that Dr. Peterson is the
superintendent of schools for the Kenai Peninsula Borough School
District. He asked if there are 1,800 employees working for the
school district, rather than 1,700.
DR. PETERSON replied that there are about 700 certified staff,
500 classified staff, and there are school board members and
substitute teachers. When the district counted the W-2 forms at
the end of the year 2,400 was the top number, she said.
REPRESENTATIVE WOLF told the committee that Dr. Peterson is an
excellent superintendent and highly recommends her for
appointment to the Professional Teaching Practices Commission.
REPRESENTATIVE GATTO noted that some of her certificates expire
in 2004 and asked if she will be getting them renewed.
DR. PETERSON responded that she completed the three credits that
were required for one certificate so that certificate has
already been renewed. She added that she has type B certificate
that expires in December and she already has plans in place for
completing that renewal. She explained that certificate holders
are only allowed to apply for renewal six months prior to
expiration.
CHAIR WILSON said she knows Dr. Peterson personally and knows
she is doing an excellent job.
REPRESENTATIVE WOLF moved that the House Health, Education and
Social Services Standing Committee has reviewed the
qualifications of Dr. Donna Peterson, the governor's appointee
to the Professional Teaching Practices Commission, and to
recommend that her nomination be forwarded to a joint session
for consideration. There being no objection, Dr. Donna
Peterson's nomination was forwarded to the joint session for
consideration.
Number 2315
CHAIR WILSON told the members that the next appointment is
Darrell Allman, to the Board of Social Work Examiners. Chair
Wilson invited Mr. Allman to provide opening remarks, and answer
members' questions.
DARRELL ALLMAN, Appointee to the Board of Social Work Examiners,
testified as appointee to the Board of Social Work Examiners and
answered questions from the members. He told the committee that
he looks forward to serving on the board because he has reached
a place in his professional development that it is time for him
to give something back to his profession. This is one way he
hopes to serve, he said.
REPRESENTATIVE CISSNA noted that Mr. Allman has significant
experience with the Southcentral Foundation. She said she knows
there has been huge growth in traditional and conventional
services to Rural Alaska. She asked Mr. Allman about the work
he has done there.
TAPE 04-39, SIDE B
Number 2352
MR. ALLMAN agreed that the Southcentral Foundation has continued
to grow since he joined the organization. He explained that the
programs that he was involved with dealt with the severely
mentally ill. A lot of the clients are not able to have their
needs met out in the villages of Rural Alaska so many of these
people are brought to Anchorage for services. Mr. Allman added
that the Division of Behavioral Health is trying to improve the
delivery system in rural communities.
REPRESENTATIVE GATTO noted that part of his education includes
biomedical science fellowship in substance abuse from the U.S.
Air Force Medical Center. He asked Mr. Allman if he believes
the increase in the price of tobacco will reduce the rate of
consumption of tobacco products. Representative Gatto asked for
him to address the question in two parts, one for teenagers and
the other for non-teenagers.
Number 2295
MR. ALLMAN responded that he is a non-smoker, but his brother
smoked for 37 years. His brother use to say that when the cost
reaches $2 per pack he will quit. When the price hit the $4
mark he made a concerted effort to stop and was successful. Mr.
Allman said that he believes teenagers will seek out things to
experiment with no matter what the cost. He said he does not
believe raising the price will deter teenagers from trying
cigarettes. However, it may decrease the amount of times
teenagers experiment with it. With respect to adults, he added
that the economic factor hits all of us.
REPRESENTATIVE GATTO asked Mr. Allman to comment on the
biomedical research he read on the beneficial influence of
increased costs on incidence of tobacco use.
MR. ALLMAN replied that he cannot speak to that point. He told
the committee that his specific training was primarily in
alcohol and drug addiction. Nicotine addiction was not the
focus at that time, he commented.
REPRESENTATIVE GATTO moved that the House Health, Education and
Social Services Standing Committee has reviewed the
qualifications of Darrell Allman, the governor's appointee to
the Board of Social Work Examiners, and to recommend that his
nomination be forwarded to a joint session for consideration.
There being no objection, Darrell Allman's nomination was
forwarded to the joint session for consideration.
CHAIR WILSON told the members that the next appointment is
Mildred D. Townsend, to the Board of Social Work Examiners.
Chair Wilson invited Ms. Townsend to provide opening remarks,
and answer members' questions.
MILDRED D. TOWNSEND, Appointee to the Board of Social Work
Examiners, testified as appointee to the Board of Social Work
Examiners and answered questions from the members. She told the
committee that she believes her experience working for the
Municipality of Anchorage for five years as a counselor would be
valuable to the board.
REPRESENTATIVE CISSNA said she knows that Ms. Townsend has many
years of experience beyond the paid position at the Municipality
of Anchorage and has been active in the community. She asked
Ms. Townsend to speak to the broader issues facing the state.
MS. TOWNSEND told the members that she has a great concern for
the senior and handicapped populations, especially with respect
to transportation. However, the greatest priority is housing
for these populations, she said.
Number 2037
REPRESENTATIVE CISSNA moved that the House Health, Education and
Social Services Standing Committee has reviewed the
qualifications of Mildred D. Townsend, the governor's appointee
to the Board of Social Work Examiners, and to recommend that her
nomination be forwarded to a joint session for consideration.
There being no objection, Mildred D. Townsend's nomination was
forwarded to the joint session for consideration.
Number 2010
CHAIR WILSON told the members that the next appointment is
Sharon Evans, to the Board of Certified Direct-Entry Midwives.
Chair Wilson invited Ms. Evans to provide opening remarks, and
answer members' questions.
SHARON EVANS, Appointee to the Board of Certified Direct-Entry
Midwives, testified as appointee to the Board of Certified
Direct-Entry Midwives and answered questions from the members.
She told the members that she believes her experience as a
midwife and service on the board will be helpful to the board.
Midwives have a lot to offer Alaska, she said.
CHAIR WILSON asked her how many babies she has delivered.
MS. EVANS said she stopped counting about 10 years ago at 600
babies.
REPRESENTATIVE GATTO asked if delivering 600 babies would
qualify her to serve on this board.
MS. EVANS replied that she is aware of the qualifications that
would be beneficial to the licensing board for midwives.
REPRESENTATIVE GATTO asked if Ms. Evans' experience would lead
her to improve or be concerned about midwife qualifications. He
asked her to comment on her focus with respect to midwives.
MS. EVANS responded that she believes the regulations with
respect to midwives be workable and fair, but also need to
protect the public from bad practices.
REPRESENTATIVE GATTO asked if there is an organization that
opposes the midwife profession.
MS. EVANS told the members that midwifery is highly political.
There have been conflicts with the American College of
Nurse/Midwives and physicians specializing in obstetrics and
gynecology (OB/GYN), but there are also allies, she commented.
Number 1889
REPRESENTATIVE GATTO moved that the House Health, Education and
Social Services Standing Committee has reviewed the
qualifications of Sharon Evans, the governor's appointee to the
Board of Certified Direct-Entry Midwives, and to recommend that
her nomination be forwarded to a joint session for
consideration. There being no objection, Sharon Evans'
nomination was forwarded to the joint session for consideration.
Number 1850
CHAIR WILSON told the members that the next appointment is Dana
Brown, to the Board of Certified Direct-Entry Midwives. She
noted that Ms. Brown is not available to testify at this time.
Number 1825
CHAIR WILSON told the members that the next appointment is Dr.
Jill Geering Matheson, to the Board of Examiners in Optometry.
Chair Wilson invited Dr. Geering Matheson to provide opening
remarks, and answer members' questions.
DR. JILL GEERING MATHESON, Appointee to the Board of Examiners
in Optometry, testified as appointee to the Board of Examiners
in Optometry and answered questions from the members. She told
the members that she has been practicing in Alaska for 12 years
and believes she is at a point in her career where she can serve
on the board of optometry. Dr. Geering Matheson said it is
important to monitor the profession and keep standards high.
REPRESENTATIVE GATTO asked if she sees a conflict between
ophthalmologists and optometrists.
DR. GEERING MATHESON replied that she is sure the committee is
aware of the conflict that exists because optometrists would
like to expand their practice to prescribe some oral
medications. There are ophthalmologists that oppose that move,
she said. Dr. Geering Matheson added that there are many
optometrists and ophthalmologist who work side-by-side on a
daily basis.
REPRESENTATIVE GATTO asked what her position would be on that
issue as a member of the Board of Examiners in Optometry.
DR. GEERING MATHESON responded that as an optometrist she is
very supportive of the expansion into prescribing oral
medications and supports current legislation. However, as a
board member she would have to stay on neutral ground on that
issue, she commented.
Number 1734
REPRESENTATIVE GATTO moved that the House Health, Education and
Social Services Standing Committee has reviewed the
qualifications of Dr. Jill Geering Matheson, the governor's
appointee to the Board of Examiners in Optometry, and to
recommend that her nomination be forwarded to a joint session
for consideration. There being no objection, Dr. Jill Geering
Matheson's nomination was forwarded to the joint session for
consideration.
Number 1705
CHAIR WILSON told the members that the next appointment is Dr.
Jeff Gonnason, to the Board of Examiners in Optometry. Chair
Wilson invited Dr. Gonnason to provide opening remarks, and
answer members' questions.
DR. JEFF GONNASON, Appointee to the Board of Examiners in
Optometry, testified as appointee to the Board of Examiners in
Optometry and answered questions from the members. He told the
members that he has previously served on the board from 1985 to
1989.
CHAIR WILSON asked what kinds of issues come before the board.
DR. GONNASON replied that the board's main intent is to provide
for the public's protection by assuring that licensees are
competent and qualified. The board presides over the licensure
examinations and also has hearings on complaints against any of
the licensee.
Number 1673
REPRESENTATIVE KAPSNER asked what his views are on the debate
between optometrists and ophthalmologists. She asked if he
would be taking a stand on the issue as a board member.
DR. GONNASON responded that the board has always provided an
official statement for or against legislation that affects the
profession. The board has always voted to support updating the
Alaska optometry laws. He explained that in statute
optometrists are required to adhere to the latest and newest
education and training that is available. Across the country
since 1970 optometrists have been trained at the same level as
dentists and physicians, at the doctorate level. Many of the
states have taken a long time to update their statutes to allow
optometrist to practice at their highest level of training, Dr.
Gonnason said. Currently Hawaii just passed a law allowing
optometrists to prescribe oral medications, the governor vetoed
it, and the legislature over rode that veto. He told the
committee that Alaska is the only state west of Mississippi that
does not allow optometrist to use more than just eye drops. Dr.
Gonnason summarized that the board will pass a resolution
whether or not it supports expansion to prescribe some oral
medications. As a board member his duty would be to ensure that
anyone doing procedures or prescribing medication is qualified
to do so, Dr. Gonnason said.
REPRESENTATIVE KAPSNER asked Dr. Gonnason if he would clarify
whether he would be promoting optometrists expanded privileges
to prescribe oral medication.
Number 1560
DR. GONNASON replied that he would not be promoting it. He
explained that every time a bill is drafted in the legislature
that affects the profession, it will be discussed and the board
will pass a resolution as to whether it supports or opposes any
legislation. The current board is on record as unanimously
supporting current legislation [HB 306] before the House Health,
Education and Social Services Standing Committee.
REPRESENTATIVE GATTO moved that the House Health, Education and
Social Services Standing Committee has reviewed the
qualifications of Dr. Jeff Gonnason, the governor's appointee to
the Board of Examiners in Optometry, and to recommend that his
nomination be forwarded to a joint session for consideration.
There being no objection, Dr. Jeff Gonnason's nomination was
forwarded to the joint session for consideration.
Number 1497
CHAIR WILSON told the members that the next appointment is Larry
E. Harper, to the Board of Dispensing Opticians. Chair Wilson
invited Mr. Harper to provide opening remarks, and answer
members' questions.
LARRY E. HARPER, Appointee to the Board of Dispensing Opticians,
testified as appointee to the Board of Dispensing Opticians and
answered questions from the members. He told the members that
he has served on the board for the last several years. Mr.
Harper said that there is a bill before the House Health,
Education and Social Services Standing Committee, HB 502, that
the board has been working on in coordination with
representatives of the optometry profession to resolve some of
the problems between the statutes governing both professions.
The bill does not seem to be making much progress, he commented.
Mr. Harper expressed his desire to remain on the board even
though the board is scheduled to be sunsetted this year. He
said he would like to see this issue through because he believes
it is important to continue to do licensing even if it is not
with the board.
Number 1444
REPRESENTATIVE CISSNA moved that the House Health, Education and
Social Services Standing Committee has reviewed the
qualifications of Larry E. Harper, the governor's appointee to
the Board of Dispensing Opticians, and to recommend that his
nomination be forwarded to a joint session for consideration.
There being no objection, Larry E. Harper's nomination was
forwarded to the joint session for consideration.
Number 1404
CHAIR WILSON commented that there were two individuals, Carol J.
Schaeffer and Dana L. Brown being nominated for appointment to
boards that were not on line. She asked the members to look at
Dana L. Brown's credentials and asked if the committee is
comfortable enough with the information provided to recommend
that her name be forwarded to the joint session for
consideration.
REPRESENTATIVE GATTO said that he believes this is an important
position and it is incumbent upon a nominee to be available to
the committee. Since the nominee is not available and no notice
was provided as to the reason for her absence before the
committee, Representative Gatto stated he would be reluctant to
endorse the individual.
CHAIR WILSON told the members that some committees only look at
the credentials and do not have the nominees come before the
committee. She also commented that as a midwife, Ms. Brown
could be delivering a baby.
CHAIR WILSON noted that Carol J. Schaeffer from Kotzebue who is
a nominee for the Board of Education and Early Development is
the other individual who is not on line.
Number 1328
REPRESENTATIVE CISSNA commented that she knows Ms. Schaeffer.
REPRESENTATIVE CISSNA moved that the House Health, Education and
Social Services Standing Committee has reviewed the
qualifications of Carol J. Schaeffer, the governor's appointee
to the Board of Education and Early Development, and to
recommend that her nomination be forwarded to a joint session
for consideration. There being no objection, Carol J.
Schaeffer's nomination was forwarded to the joint session for
consideration.
REPRESENTATIVE GATTO said that he intended to object.
A roll call vote was taken. Representatives Kapsner, Wolf,
Cissna, and Wilson voted in favor of forwarding Carol J.
Schaeffer's nomination to the joint session for consideration.
Representative Gatto voted against it. Therefore, Carol J.
Schaeffer's nomination was forwarded to the joint session for
consideration by a vote of 4-1.
Number 1234
REPRESENTATIVE KAPSNER moved that the House Health, Education
and Social Services Standing Committee has reviewed the
qualifications of Dana Brown, the governor's appointee to the
Board of Certified Direct-Entry Midwives, and to recommend that
her nomination be forwarded to a joint session for
consideration.
REPRESENTATIVE WOLF objected.
REPRESENTATIVE GATTO pointed out that the information on Ms.
Brown is dated 1999 and addressed to Governor Knowles. There
has been some editing to this letter and there is a more current
resume attached, he said.
Number 1138
REPRESENTATIVE WOLF said that the reason he is objecting is that
this is simply a copy of a 1999 letter from Boards and
Commissions in the Governor's Office. He agreed with Chair
Wilson that Ms. Brown could be delivering a baby.
CHAIR WILSON read portions of Ms. Brown's letter into the record
as follows:
I have been involved with midwifery and midwifery
politics since 1984 and am keening aware of the
direct-entry midwives into the mainstream medical
system so that families have a safe and cost effective
choice in the care they receive in the child-bearing
years. I am dedicated to the preservation of
midwifery as I know it, to the apprenticeship model of
education of midwives, and to the consumer protection
for the Alaska public.
REPRESENTATIVE GATTO pointed out that Ms. Brown is co-author of
the Practical Skills Guide for Midwifery textbook. He told the
members that he has no objection to Ms. Brown's appointment.
REPRESENTATIVE WOLF removed his objection. He told the members
that he believes the dated letter reflects a lack of interest.
REPRESENTATIVE GATTO commented that Ms. Brown is probably busy
delivering babies.
REPRESENTATIVE CISSNA commented that Ms. Brown may not be in an
urban setting where she has access to a computer.
REPRESENTATIVE GATTO said that Ms. Brown's resume is excellent,
but a cover letter that is that old looks strange.
There being no further objection, Dana L. Brown's nomination was
forwarded to the joint session for consideration.
Number 1008
CHAIR WILSON announced that the committee is recessed to the
call of the chair at 4:00 p.m. The meeting was reconvened at
6:30 p.m.
SB 219-OFFENSES AGAINST UNBORN CHILDREN
Number 0953
CHAIR WILSON announced that the next order of business would be
SENATE BILL NO. 219, "An Act relating to offenses against unborn
children."
REPRESENTATIVE KAPSNER asked what the next committee of referral
is for SB 219
CHAIR WILSON responded the House Judiciary Standing Committee is
the next committee of referral.
Number 0898
SENATOR FRED DYSON, sponsor of SB 219, presented the bill and
answered questions from the members. He explained that 29 other
states and the federal government have passed legislation that
protects unborn children. Alaska's attorney general provided
him with a ruling that the federal law only applies if an unborn
child is harmed during the commission of a federal crime or
federal jurisdiction, he said. For example, if a crime were
committed on a military base. He added that most crime that
takes place in Alaska is prosecuted under state law, so this
legislation puts into state law that which has become a part of
federal law. Senator Dyson told the members that SB 219 goes
through all of Alaska's statutes that refer to murder,
manslaughter, or assault and adds the unborn child provision.
SENATOR DYSON told of an incident that occurred in the 1970s
where police in California got into the wrong apartment around
dusk on a drug bust, and a lady came out of her bedroom carrying
her Kirby vacuum cleaner and a policeman thought it was a
shotgun and shot her. It killed the baby. It was found that no
charges could be made on the crime against the child because
there was nothing in the statutes, he explained. Senator Dyson
said that the California legislature passed the fastest act,
four and a half days, ever made in the state. The law made the
killing of an unborn child a crime. There have been two court
challenges, he added. Other states have gone on to pass similar
laws.
SENATOR DYSON told the members that the bill has been written
carefully to exclude the killing of an unborn child during an
abortion or if a child is damaged or killed during a medical
procedure. There is also exclusion of a woman who kills or
damages her child because of something she was doing. Senator
Dyson added that he believes that is reprehensible behavior, but
did not want a provision in this piece of legislation which
would allow some zealots to go around trying to arrest a woman
who is smoking [cigarettes] or drinking. Senator Dyson
commented that some of the members have worked with him on the
issue of fetal alcohol syndrome (FAS) and the idea of
involuntary commitment, but this bill excludes a woman from
being prosecuted for anything that she does that is legal and
that damages a child. This bill has very specific language
directed toward a crime against a woman who is bearing a child,
he said.
Number 0694
CHAIR WILSON asked Senator Dyson to clarify that this bill would
only address instances of illegal activity.
SENATOR DYSON replied yes, that is correct.
REPRESENTATIVE KAPSNER asked if he is saying the bill addresses
only federal felonies or misdemeanors.
SENATOR DYSON responded that the new federal law addresses that
issue. This legislation would take all of the state statutes
related to murder, manslaughter, and assault charges and adds
unborn child to it. He commented that the bill very much
parallels federal law, but is a bit different since it is being
inserted into Alaska statutes.
REPRESENTATIVE GATTO posed a hypothetical example of a mother,
who desperately wants her child, is speeding and is in an
accident that results in the child's death. He asked if that
would be considered an attack on the unborn since the mother was
committing a crime.
SENATOR DYSON replied that might be considered negligent
homicide, and referred to language on page 2, line 21 [through
23].
CHAIR WILSON commented that it would be considered a class B
felony. She said she does not know what a class B felony is.
SENATOR DYSON referred to Section 6, page 5, where it outlines
some sentencing guidelines. An individual convicted of first-
degree murder could be sentenced to five to 99 years, second-
degree murder sentence could be 10 to 99 years, second-degree
murder sentence could be 20 years but not more than 99 years
when the murder of the child is under 16 years old.
REPRESENTATIVE KAPSNER asked if that is in addition to the
penalty for committing a crime against the mother.
SENATOR DYSON replied that there will be an additional charge
over the penalty against the mother. Sometimes judges will let
the penalty be concurrent, and sometimes it is supplemental.
CHAIR WILSON asked if she could get clarification on
Representative Gatto's question. If a mother is speeding and
her child dies, could the mother go to prison for that crime,
she asked.
Number 0457
SENATOR DYSON responded that he thinks she could.
REPRESENTATIVE GATTO referred to page 2, line[s 18 and 19],
which says:
...recklessly causes the death of an unborn child
under circumstances not amounting to murder of an
unborn child.
REPRESENTATIVE KAPSNER commented that taking too hot of sauna or
going to a tanning salon could be considered reckless.
SENATOR DYSON pointed out that on [page 2, line 31] there is
language that provides that the law does not apply if anything
the woman has done that is legal. Under this bill penalties
would only be incurred when the mother was doing some illegal
activity which results in damage to the child.
REPRESENTATIVE KAPSNER commented like speeding.
SENATOR DYSON said that he believes it would be very unlikely
that a woman would be prosecuted in these circumstances.
Number 0375
REPRESENTATIVE SEATON clarified that if a woman is speeding,
there is an accident, and a subsequent miscarriage, then the
woman would be guilty of manslaughter.
SENATOR DYSON responded that in those circumstances it would be
criminally negligent homicide. He added that this bill is
structured to address a third person who assaults the mother,
and in addition to the assault on her causes death or damage to
the unborn child.
Number 0311
CHAIR WILSON asked if it says that anywhere in the bill. Would
the mother be exempt from prosecution.
SENATOR DYSON replied that the mother is exempt if it is a legal
abortion, medical procedure, or legal activity on her part.
CHAIR WILSON asked what the difference in penalty is between
manslaughter and criminally negligent homicide. One is a class
A felony and the other is a class B felony.
SENATOR DYSON pointed out that if a mother is speeding and as a
result of an accident kills her three-year-old child, it is an
illegal activity. This bill says it is a crime regardless of
whether the child is born or unborn. A wanted human being is
still being killed, he said. An unwanted child is in a free
fire zone at this time in our culture, Senator Dyson added.
REPRESENTATIVE GATTO said that he does not want to penalize a
mother who in the case of an accident kills her child. However,
according to the statute it would be required because the woman
committed manslaughter.
SENATOR DYSON replied that it is not manslaughter unless it is
intentional. It would be considered negligence, he said. The
point is that the negligence that kills an unborn child under
this law would be the same penalty as killing a child after
birth.
CHAIR WILSON asked what the difference in penalty would be. If
a mother only had a three year old in the car and the child
died, what would be the penalty, she asked.
SENATOR DYSON replied that she could be charged with negligent
homicide. In response to Chair Wilson request for
clarification, he said it is possible the mother would be sent
to prison.
Number 0057
WES KELLER, Staff to Senator Fred Dyson, Alaska State
Legislature, testified on SB 219 and answered question from the
committee. He told the members that the criminally negligent
homicide standard carries a high standard of intent. That is
why the members do not hear of charges being brought against
parents in cases of a death of a child, he added. He reiterated
that there must be criminal intent involved.
TAPE 04-40, SIDE A
Number 0001
REPRESENTATIVE SEATON referred to page 3, line 26. He asked for
clarification that this provision would exclude alcohol or
tobacco, but would include marijuana or prescription medicines
that the mother did not have a prescription for. Representative
Seaton asked if using illegal substances or medication without a
prescription that causes the death or injury of an unborn child
would be considered a class C felony.
SENATOR DYSON agreed that is correct.
REPRESENTATIVE GATTO pointed out that all of the law preceding
page 2, line 24, is modified by applicability. The only charges
that would be brought against the mother is illegal activity
that resulted in the death or injury of the unborn child. He
said that as Representative Seaton pointed out alcohol is not
illegal even though it conceivably has the worst possible effect
on unborn children. He told the members that he would love to
make alcohol consumption during pregnancy illegal.
Number 0145
CHAIR WILSON preferenced her comment by saying that she does not
know what current law dictates. She posed a hypothetical case
of a mother who uses cocaine and because of that use the baby
dies or is born cocaine-dependent, has seizures, and dies. She
asked what the effect of this bill will be in a case like that.
Number 0225
SENATOR DYSON replied that under current law he believes that
because the state has not recognized the personhood of an unborn
child then any actions against an unborn child have no penalty.
That is the reason so many states and the federal government
have provided for this kind of protection for a wanted unborn
child, he explained.
SENATOR DYSON commented in response to Representative Gatto's
earlier statement, that he held one of his foster children
moments after it was born with a pulse rate of 235 from cocaine.
He shared that his daughter has adopted that child. Senator
Dyson said he also has a child who suffers from Fetal Alcohol
Affects which is a lifelong struggle. Senator Dyson told the
members that for the past eight years he thought very seriously
about these issues. He said as the members know, there are now
some involuntary commitment procedures in place for those who
are in danger of harming themselves or others. Now there are
hundreds of lives that are being saved by getting those folks in
front of a magistrates for involuntary commitment, he added. He
told the committee that there is one woman in Alaska that has
had nine full-blown FAS kids in a row. The state will spend an
average of $1 million on every one of those kids by the time
they are 18 years old, Senator Dyson commented. It is a huge
problem, he acknowledged, but chose not to address that in this
bill. Senator Dyson told the committee it is an issue he cares
very deeply about.
Number 0347
REPRESENTATIVE CISSNA commented that this body has a difficult
time addressing the needs of children who are born. She asked
what the motivation is to focus on this, and how does this solve
a problem. Many problems are due to the fact that the state
does not provide the services that are needed, she said.
SENATOR DYSON responded that he rejects the line of logic that
says this should not be done because the legislature is not
doing all it can and should do in other areas. Much more should
be done in other areas, he agreed.
REPRESENTATIVE CISSNA asked whom the state is trying to get in
this legislation.
SENATOR DYSON replied that this legislation is intended to
establish that the killing of a wanted child is the wrong thing
to do. He told Representative Cissna that if that concept is
troublesome to her, he cannot help her.
Number 0435
REPRESENTATIVE CISSNA responded that the term unborn child is
inaccurate. It is a fetus, she said.
SENATOR DYSON told the committee that it has been 50 years since
he took Latin, but he recalls that the term "fetus" in Latin
means "unborn child." Taking a human being and dehumanizing it
and denigrating it by using different words to describe it is
part of the strategy of those who have oppressed people down
through the ages, he said. He reiterated that is a strategy
used to deny someone protection that is given to everyone else
under the law, he explained.
REPRESENTATIVE CISSNA stated that Senator Dyson has gone over
the line.
CHAIR WILSON asked the members to remain calm.
Number 0510
REPRESENTATIVE GATTO commented to Representative Cissna that he
has wrestled with the same issue about an unborn child that
troubles her. He questioned when a child should be recognized
as a human being. Should it only occur after the child comes
out of the birth canal, he asked. It is hard to draw the line,
Representative Gatto stated.
CHAIR WILSON asked the members to restrict discussion to the
issues of the bill. She said she is sure the issue of when life
begins will not be settled here. Chair Wilson asked the members
to focus on the intent of the bill where a crime is committed
and as a result an unborn baby is killed, and the individual who
committed the crime needs to be punished for it. She asked if
there are any unintended consequences that need to be examined.
Number 0615
REPRESENTATIVE COGHILL commented that it has been determined
that protection of certain species of animals is important. He
told the members that it is strange to him that human beings
would not be included. Representative Coghill applauds the
efforts of Senator Dyson in putting this legislation forth. It
is important to define what it valued in our society.
REPRESENTATIVE COGHILL moved to report CSSB 219(JUD)am, 23-
LS1116\I.A, out of committee with individual recommendations and
the accompanying fiscal notes.
Number 0684
REPRESENTATIVE CISSNA objected. She told the members that many
words are used that meant something different in the language of
its origin and that now means something very different. An act
relating to offenses against a fetus is the beginning of a
discussion. Representative Cissna stated that the people she
represents see this as an attack on women and choices. She told
the members that she adores children and cares for children just
as the sponsor does. This bill is an assault on women's right
to choose, she stated.
SENATOR DYSON apologized to Representative Cissna. He told the
members that he knows her and knows how caring she is. Senator
Dyson said he reacted in response to previous testimony he has
heard on the same line of thought, and responded with more vigor
than was necessary. He reiterated his apology to Representative
Cissna and said that she has been a good caring example to all
who know her.
SENATOR DYSON clarified that this bill is designed to offer some
protection to unborn children. There was some implication that
this is intended to undo the Roe v. Wade decision. He explained
that he has a half a dozen legal decisions from state supreme
courts and a couple of legal scholars which say this law will
not have any impact on that decision. Senator Dyson offered to
make those decisions available to the members. This legislation
will not be used to undo Roe v. Wade, he stated.
CHAIR WILSON explained that she believes the problem occurred
when there was a misstatement made when Senator Dyson responded
to Representative Cissna's question. Senator Dyson referred to
"unwanted children" in his response, however, Chair Wilson said,
she believes he intended to say "wanted children."
SENATOR DYSON replied that is possible.
Number 0919
KAREN VOSBURGH, Executive Director, Alaska Right to Life,
testified in support of SB 219. She told the members that she
not only speaks for herself but for the 50,000 pro-life people
in her database. She thanked Senator Dyson for his work on this
legislation. Ms. Vosburgh explained that she has sent Senator
Dyson over 1,000 [signatures] of individuals who have signed
petitions supporting this legislation, and has another 200
[signatures] that she as not yet forwarded to him. In response
to Representative Cissna's comment that there are a lot of
people in her district that are pro-choice, she shared that
Alaska Right to Life's data base shows 691 people in district 22
[Representative Cissna's district] that are pro-life.
Number 0979
MS. VOSBURGH said the federal Unborn Victims of Violence Act was
signed into law in April 1, 2004. The Unborn Victims of
Violence Act recognizes that when criminal attacks or injures a
pregnant woman and injures or kills both her and her unborn
child, that crime has claimed two human victims. Prior to the
enactment of this law an unborn child was not recognized as a
victim with respect to violent crimes. As of March 31, 2004, 31
states now have laws where homicide charges can be brought
against an individual for the unlawful killing of an unborn
child or fetus in a state crime, she said. Ms. Vosburgh
explained that it is well established that unborn victims laws
or fetal homicide laws do not conflict with the U.S. Supreme
Court's pro-abortion decree in Roe v. Wade. The state laws
mentioned above have no effect on legal abortion. Criminal
defendants have brought many legal challenges to the states'
unborn victim laws based on Roe v. Wade and other constitutional
arguments, but all such challenges have been rejected by state
and federal courts, she said. She offered to fax copies of
those decisions to the committee.
MS. VOSBURGH told the members that in U.S. Congress some
opponents objected to the bill's [Unborn Victims of Violence
Act] recognition of the child in utero as a member of the human
family. Yet in July 25, 2000 the U.S. House of Representatives
passed on a vote of 417 to 0 a bill that contained the same
definition of a child in utero, and that embodies the same basic
legal principle, Ms. Vosburgh stated. That bill, the Innocent
Child Protection Act, says that no state or federal authority
may carryout a death sentence on a woman while she carries a
child in utero. A child in utero means a member of the species
homosapiens at any stage of development that is carried in the
womb.
MS. VOSBURGH told the members that a May 2003 Newsweek poll
found that 84 percent of Americans believe that if both a
pregnant mother and unborn baby are murdered the offender should
be charged with two counts of murder, not just one. The law
Unborn Victims of Violence Act and the single victim amendment
are being considered in Congress. Sharon Rocha, whose daughter
Laci and unborn grandson, Connor, were murdered, wrote:
...that adoption of such a single victim amendment
would be a painful blow to those like me, who are left
alive after a two victim crime because Congress would
be saying that Connor and other innocent unborn
victims like him are not really victims at all. Our
grandson did live, he had a name, he was loved, and
his life was violently taken from him.
MS. VOSBURGH summarized that what Sharon Rocha said was very
profound.
Number 1165
CAREN ROBINSON, Alaska Women's Lobby, testified on SB 219 and
answered questions from the members. The focus of the Alaska
Women's Lobby is to promote the advancement and defense of
interests and rights of women, children, and families of Alaska.
She said that she knows that some of the most important policy
decisions are made in the last days of the session and asked the
members to think long and hard about this policy decision. The
Alaska Women's Lobby supports the right for a woman to have a
family and any criminal act that robs her of a hope for a future
child is tragic and intolerable. Ms. Robinson said that there
is no question that committing violence against a pregnant woman
is serious crime and it deserves a serious punishment. Those
who have worked in the field know that domestic violence often
begins or gets worse when a woman is pregnant. The leading
cause of death during pregnancy is homicide. Yet SB 219 does
nothing to protect women from such violence, nor does it impose
more severe punishment for committing violence against a
pregnant woman regardless of the harm to the baby she is
carrying.
MS. ROBINSON pointed out that right now it is a misdemeanor to
beat a woman, pregnant or not. She urged the members to provide
real solutions to problems of violence against pregnant women.
The only way to protect an unborn victim of violence is to
protect the mother.
Number 1264
MS. ROBINSON provided a case scenario that she asked the members
to think about. There is a situation where a young woman is
married and thinks she is pregnant. She does her own pregnancy
test. She has a young husband who has been violent before, but
the police have never been called. She waits a week, goes and
does another pregnancy test herself and finds that she is
pregnant. She tells her husband, who then goes in a rage, beats
her, kicks her in the stomach and she calls the police, who come
and arrest him on a misdemeanor charge. She goes to the shelter
that night and has a miscarriage. [Under this bill] he would be
charged with murder. She urged the members to think about the
policy decision they are making. Ms. Robinson said she thinks
it is important to get the Department of Law or others to come
over and talk about the serious ramifications of this bill.
There needs to be enhancement [of protections] against pregnant
women who get beaten primarily by their husbands or partners,
she said.
Number 1320
REPRESENTATIVE WOLF pointed to page 3, lines 14 and 15 which
says:
(1) by words or other conduct intentionally places a
pregnant woman in fear of death of her unborn child;
or
REPRESENTATIVE WOLF said that in the scenario Ms. Robinson
described if a husband never lays a hand on his wife, however,
he tells her he wants her to have an abortion, he can be charged
with a class A misdemeanor. He said he is troubled by that
language.
Number 1419
REPRESENTATIVE GATTO commented that he was very interested in
what Ms. Robinson was saying. He said he was not clear whether
she was suggesting including the same penalties against the
unborn and make it equal for the mother. Or is her intention to
reduce penalties for the unborn and make it equal for the
mother.
MS. ROBINSON said she believes it is important to enhance
penalties against those who beat pregnant women, and enhanced
sentencing in domestic violence.
REPRESENTATIVE GATTO surmised that Ms. Robinson would like to
see a separate bill that increases penalties for abused women.
MS. ROBINSON commented that she was saying there needs to be
enhanced penalties with respect to pregnant women. The
perspective that is being taken in SB 219 is the wrong way to
get there, she said. Unfortunately, it is very common for this
kind of crime to occur as a result of domestic violence and it
is usually the husband or boy friend who commits the crime.
Number 1515
REPRESENTATIVE COGHILL agreed that there are some good legal
questions. He said he believes Representative Wolf concern with
respect to some of the language should be addressed. He
recommended that the committee allow the House Judiciary
Standing Committee address these point. He said he would like
to vote on this bill.
Number 1541
REPRESENTATIVE SEATON said that other than the problem
Representative Wolf identified in the language, all of the other
problems with the bill are addressed with the language on page
3, line[s] 26 [and 27] which says:
(3) are otherwise legal that are committed by a
pregnant woman against herself or her unborn child.
REPRESENTATIVE SEATON suggested the House Judiciary Standing
Committee address this problem with respect to the scenario of a
pregnant woman who is speeding or not speeding and what happens.
The same wording on the bottom of page 2 could also be reviewed
and consideration should be given to removing those words so
that there are no unintended consequences, he added. There
would not have to be very many women sent to prison for
something that is unintended to distort the purpose of the bill,
Representative Seaton stated.
Number 1629
A roll call vote was taken. Representatives Coghill, Seaton,
Gatto, Wolf, and Wilson voted in favor of CSSB 219(JUD)am.
Representative Cissna voted against it. Therefore, CSSB
219(JUD)am was reported out of the House Health, Education and
Social Services Standing Committee by a vote of 5-1.
CHAIR WILSON asked Senator Dyson to look at the concerns
mentioned by the members and talk with the House Judiciary
Standing Committee chairman to ensure no unintended consequences
occur.
REPRESENTATIVE WOLF also asked for Senator Dyson to look closely
at the language he pointed out.
SENATOR DYSON thanked the committee. He commented that Senator
Guess and he have worked together to try to increase the
penalties for violence against women and domestic violence.
However, those changes would not fit under this title and there
were not enough votes [in the other body] for a title change, he
explained. Senator Guess and he have agreed to work on this
issue during the interim and bring back a bill on it next year,
he said.
ADJOURNMENT
There being no further business before the committee, the House
Health, Education and Social Services Standing Committee meeting
was adjourned at 7:15 p.m.
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