Legislature(2015 - 2016)Anch LIO Auditorium
06/10/2015 01:00 PM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB44 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 44 | TELECONFERENCED | |
SENATE FINANCE COMMITTEE
SECOND SPECIAL SESSION
June 10, 2015
1:11 p.m.
[Note: The meeting was held in Anchorage, Alaska at the
Anchorage Legislative Information Office]
1:11:29 PM
CALL TO ORDER
Co-Chair MacKinnon called the Senate Finance Committee
meeting to order at 1:11 p.m.
MEMBERS PRESENT
Senator Anna MacKinnon, Co-Chair
Senator Pete Kelly, Co-Chair
Senator Peter Micciche, Vice-Chair
Senator Click Bishop
Senator Mike Dunleavy
Senator Lyman Hoffman
Senator Donny Olson
MEMBERS ABSENT
None
ALSO PRESENT
Representttative Kurt Olson; Senator Cathy Giessel; Cindy
Moore, Self, Anchorage; Butch Moore, Self, Anchorage;
Trevor Storrs, Executive Director, Alaska Children's Trust,
Anchorage; Laurie Morton, Executive Director, Council on
Domestic Violence and Sexual Assault, Department of Public
Safety; Sheila Lankford, Self, Anchorage; Betty Brickle,
Self, Wasilla; Charles McKee, Self, Anchorage; Polly
Andrews, Self, Anchorage; Myranda Walso, Self, Chugiak;
Toni Roberts, Self, Anchorage; Tanya Zamura-Dey, Standing
Together Against Rape (STAR), Anchorage; Samantha Mintz,
Advocate, STAR, Anchorage; Senator Mia Costello; Sergey
Kulikou, Advocate, STAR, Anchorage; Robin Smith, Self,
Anchorage; Pat O'Hera, Self, Anchorage; Peggy Brown,
Executive Director, Alaska Network on Domestic Violence and
Sexual Assault, Juneau; Karol Libbey, Self, Anchorage;
William Theur, Self, Anchorage; Steve Pifer, Self, Chugiak;
Evonne Beavers, Self, Anchorage; Jennifer Wooley, Self,
Anchorage; Zhevia C. Peterson, Self, Anchorage; Andy
Holleman, President, Anchorage Education Association,
Anchorage; Alyse Galvin, Self, Anchorage; Jessica Cler,
Alaska Public Affairs Manager, Planned Parenthood Votes
North West, Anchorage; Vera Bedard, Self, Anchorage; Steven
Aufrecht, Self, Anchorage; Diana Hansen, Self, Anchorage;
Mary Savage, Self, Anchorage; Kenni Linden, Self, Palmer;
Gretchen Whenhoff, Self, Anchorage; Judy Miller, Self,
Anchorage; Laura Pierre, Staff, Senator Anna MacKinnon;
Representative Geran Tarr; Representative Charisse Millett.
PRESENT VIA TELECONFERENCE
Barb Amarak, Executive Director, Bering Sea Women's Group,
Nome; Allison Currey, Self, Juneau; Charlene Ditton, Self,
Homer; Ron Fur, School Teacher, Anchorage; Michelle Church,
Self, Palmer; Bert Cottle, Self, Wasilla; Daniel Lynch,
Self, Soldotna; Marcie Hawkins, Self, Sutton; Deborah
Williams, Self; Chris Riton, Superintendent, Galena City
School District, Galena; Santa Claus, Self, North Pole;
Catherine Lay, Self, Washington State; Amy Bollenbach,
Self, Homer.
SUMMARY
CSHB 44(FIN)
SEX ABUSE/ASSAULT/DATING VIOL PREV. PROGS
CSHB 44(FIN) was HEARD and HELD in committee for
further consideration.
CS FOR HOUSE BILL NO. 44(FIN)
"An Act relating to sexual abuse and sexual assault
awareness and prevention efforts in public schools;
and relating to dating violence and abuse awareness
and prevention efforts in public schools."
1:13:40 PM
CINDY MOORE, SELF, ANCHORAGE, stated that she appreciated
the work on the legislation. She felt that there were a
couple of items that she would like to see modified, and
shared that she had already worked with Co-Chair MacKinnon
on those concerns. She shared that her daughter was
recently killed by her boyfriend, and she felt that she
needed to work to prevent further teenage dating violence.
She stressed that this was a very serious issue, and
children should be taught to protect themselves.
BUTCH MOORE, SELF, ANCHORAGE, agreed with the comments from
Ms. Moore. He felt that the original legislation was simple
and straightforward. He did not agree with many of the
additions to the legislation from the Senate Education
Committee. He remarked that there were some items that he
felt should be removed. He felt that there should be some
adjustments made to the items. He wanted to eliminate items
4, 20, and 22. He stated that there should, at least, be
some defined education outlined, so there would not be an
undue burden on some volunteers. He felt that the
volunteers should have the education to recognize violence
and sexual abuse. He felt that the name "Bree" be added to
legislation to read "Erin's Law and Bree's Law" under
Article 6(a). He felt that Bree's story was important for
students to understand and recognize. He felt that the
education in the legislation was like CPR training. It was
not for the person who was in the unhealthy relationship.
The training was for peers and witnesses to provide tools
to provide rescue to the victim. He remarked that Bree may
still be alive, if the education were available at the time
of her death.
1:20:37 PM
Co-Chair MacKinnon remarked that she hoped that children
would understand that they can turn to appropriate avenues
for help and resources to stop the violence.
Mr. Moore shared that he had seen an advertisement about
wearing flotation devices. He stated that there were 783
reported cases of molestation of children, but only 10
percent of cases were actually reported. Therefore, there
were approximately 30,000 victims per year. He added that
59 percent of all Alaskan women have reported being sexual
assaulted, raped, or physically abused. He shared that he
had heard some comments regarding the parenting of Bree. He
stressed that he was in the 81 percent of parents
nationwide, who did not realize the issue. He remarked that
only 5 percent of children who are abused in a dating
relationship would tell their parents. He felt that the
children do not often tell their parents, because, in most
cases, the father would go to jail.
Vice-Chair Micciche expressed sympathy for Bree's death. He
felt that the intention of the legislation was to ensure
that Bree's loss was not in vain, and to help other young
people to recognize the warning signs. He felt that their
intentions were honorable.
Senator Olson expressed concern regarding the element of
social engineering for parents. He did not believe that the
school should be the ultimate authority over the parents'
intended value system for the children. He wondered how the
parent would be protected, if the child wrongfully accused
the parent of molestation. He felt that there could be some
teenage rebellion that would negatively affect the parent.
Mr. Moore replied that Rhode Island passed the "Lindsey Ann
Burke Act" in 2007, which was intended to prevent teen
dating violence. By 2014 the number of teen dating violence
incidents had declined in half. He stressed that Alaska was
number one in the nation for men killing women, men raping
women, sexual assault, and six time the national average of
child molestation. He stressed that he lost his daughter,
so his parental rights were stricken.
1:28:13 PM
TREVOR STORRS, EXECUTIVE DIRECTOR, ALASKA CHILDREN'S TRUST,
ANCHORAGE, testified in support of the legislation, and its
current version. He stressed that traumatic events in a
child's life have a dramatic effect on the brain. He felt
that the discussions regarding trauma in the community had
He reiterated that Alaska had the highest rate of domestic
and sexual abuse.
1:34:10 PM
LAURIE MORTON, EXECUTIVE DIRECTOR, COUNCIL ON DOMESTIC
VIOLENCE AND SEXUAL ASSAULT, DEPARTMENT OF PUBLIC SAFETY,
stated that she did not have the opportunity to review the
committee substitute. She remarked that the council had
been working on the issue in recent years.
1:39:36 PM
Co-Chair MacKinnon acknowledged Representatives McGuire,
Tarr, and Millett; and Senator McGuire for their work on
the legislation.
1:40:33 PM
SHEILA LANKFORD, SELF, ANCHORAGE, testified in support of
the legislation. She shared that she had a long family
history in Alaska. She shared a personal story about family
abuse.
1:43:46 PM
BETTY BRICKLE, SELF, WASILLA, stated that she had been a
victim of domestic violence and sexual abuse. She spoke in
support of the legislation.
1:50:12 PM
CHARLES MCKEE, SELF, ANCHORAGE, felt that the issue around
the legislation was related to funding. He shared some
points regarding some criminal cases. He expressed concern
regarding children being used as commodities.
1:53:46 PM
AT EASE
1:54:10 PM
RECONVENED
1:54:27 PM
POLLY ANDREWS, SELF, ANCHORAGE, shared that she had spent
her childhood in the Yukon Kuskokwim Delta. She stated that
there should be a consideration for children who are
neglected. She remarked that education was essential in
preventing child abuse. She shared that she experienced
sexual abuse as a child. stressed that the curriculum must
be culturally competent. She felt that the bill would
create safety for Alaska's children. She understood that
the bill could not save every child.
1:59:23 PM
MYRANDA WALSO, SELF, CHUGIAK, shared that she had first-
hand experience in seeing the need for education and
prevention among the most vulnerable. She had seed toddlers
who were traumatized by sexual abuse. She remarked that
most children needed basic needs, and remarked that most
children could be well adjusted adults.
2:03:02 PM
TONI ROBERTS, SELF, ANCHORAGE, felt that the politics
around this legislation was unacceptable. She testified in
support of the bill in its original form. She shared that
her young son had been raped by a neighbor.
Co-Chair MacKinnon wondered if Ms. Roberts was familiar
with the current committee substitute. Ms. Roberts
indicated in the affirmative.
2:07:01 PM
TANYA ZAMURA-DEY, STANDING TOGETHER AGAINST RAPE (STAR),
ANCHORAGE, spoke in support of the legislation. She felt
the bill should have been passed at the time it was
originally introduced. She stressed that there were extreme
statistics about the high rates of sexual assault in
Alaska. She felt that Erin's Law would help to prevent
child abuse and sexual assault.
Co-Chair MacKinnon stated that the phone number for STAR
was 276-7273.
2:10:05 PM
SAMANTHA MINTZ, ADVOCATE, STAR, ANCHORAGE, spoke in support
of the bill. She felt that most recent version contained
beneficial additions. She encouraged the passage of Erin's
Law and Bree's Law specifically. She felt that children
should be taught how to have agency over their body and
safety. She stressed that each child deserved safety
information.
2:13:06 PM
SERGEY KULIKOU, ADVOCATE, STAR, ANCHORAGE, testified in
support of the legislation, but stated that he would
outline some concerns with the committee substitute. He
felt that the training should be offered annually for all
teachers. He felt that there should be a definition of "sex
based materials." He looked at Section 17, and remarked
that the new teachers should receive the training sooner
than two years.
2:18:54 PM
ROBIN SMITH, SELF, ANCHORAGE, spoke in support of the
legislation. She stressed that Alaska had a very serious
problem with domestic violence and sexual abuse. She
remarked that there were extreme negative consequences to
sexual abuse. She stressed that the costs related to mental
health rehabilitation were much greater than the cost of
prevention.
2:22:19 PM
BARB AMARAK, EXECUTIVE DIRECTOR, BERING SEA WOMEN'S GROUP,
NOME (via teleconference), spoke in support of the original
legislation. She shared that she had observed the need for
sexual assault and teen dating violence awareness in
schools. She stressed that the purpose of schooling was to
support and educate the children to be strong, healthy, and
able to make wise choices. She remarked that there were
many organizations that would provide third-party support
and expertise to collaborate on the provision of prevention
education for the schools and communities.
Co-Chair MacKinnon wondered if Ms. Amarak had read the
Senate Finance version of the bill. Ms. Amarak replied that
she did not support the Senate Education Committee's
version of the legislation.
2:24:52 PM
PAT O'HERA, SELF, ANCHORAGE, shared that there was a music
teacher who had sexually abused third grade girls in class.
She spoke in support of the legislation. She stated that
the principal had ignored dozens of complaints from
parents. She felt that there was a culture of indifference
at the time. She opposed some of the changes in the bill,
because she thought that the bill was a better than the
status quo.
Co-Chair MacKinnon wondered if Ms. O'Hera was familiar with
the most recent committee substitute. Ms. O'Hera replied
that she had only read the first page. She encouraged the
committee to keep the legislation very simple.
2:29:50 PM
PEGGY BROWN, EXECUTIVE DIRECTOR, ALASKA NETWORK ON DOMESTIC
VIOLENCE AND SEXUAL ASSAULT, JUNEAU, testified in support
of the current bill. She remarked that there were some
issues that she would like to improve with the support of
the committee. She shared that she had been addressed by
some committee members regarding reducing the rate of child
abuse and sexual assault. She felt that the passage of the
law would create a space for children to be resilient. She
shared a story about a child who was abused by their
grandfather, and the result was not in favor of the child.
2:34:32 PM
KAROL LIBBEY, SELF, ANCHORAGE, testified in support of the
legislation. She shared that she had a grandchild who had
been sexually abused in high school. She remarked that her
grandchild had not been successful in life after the abuse
incident.
Vice-Chair Micciche wondered how the training may have
affected her granddaughter's life. Ms. Libby replied that
the training may not have affected her granddaughter's
life. She felt that the legislation may encourage others to
come forward and halting the abuse immediately.
Vice-Chair Micciche asked how the legislation may have
affected her granddaughter's life, had the law been in
place twenty years prior. Ms. Libby responded that there
was no one in her school that could see the signs of abuse.
2:38:24 PM
WILLIAM THEUR, SELF, ANCHORAGE, testified in support of the
legislation. He remarked that the bill outlined a very
complex community. He stated that there should be a
recognition of a substantial financial support. The
requirement should be funded. He shared that his family had
been affected by domestic violence and sexual assault.
2:40:32 PM
STEVE PIFER, SELF, CHUGIAK, testified in support of the
legislation. He stated that his granddaughter was sexually
abused by her father. He stated that his granddaughter's
father had been sexually abused as a child, and felt that
he may have received help, had Erin's Law been in place 15
years prior. He felt that sexual abuse must been dealt with
in a straightforward manner, and the victims should not be
holding onto shame. He encouraged the committee to add the
education component as a requirement for the Alaska
Judicial System.
2:43:05 PM
EVONNE BEAVERS, SELF, ANCHORAGE, testified in support of
the legislation. She stated that her daughter had great
teachers. She furthered that her daughter had been sexually
assaulted by the boys in her classroom. Her daughter had
developed an issue with hearing voices, and she eventually
needed to be sent out of state to an institution. She
stressed that children must be educated regarding sexual
abuse.
2:49:07 PM
ALLISON CURREY, SELF, JUNEAU (via teleconference),
testified in support of the original legislation, but did
not support the changes made in the Senate Education
Committee. She shared that she was involved in a three
year, unhealthy relationship. She remarked that she did not
know the signs of dating violence until she was in her
early twenties. She stressed that youth must be equipped
with the tools, resources, and knowledge necessary to stay
safe. She felt that the law should require a mandatory
curriculum.
2:51:47 PM
CHARLENE DITTON, SELF, HOMER (via teleconference),
encouraged the committee to pass the version that passed
from the House. She objected to the "sexual analysis" in
Section 4. She stated that Alaska was a diverse state with
many cultures and behavior patterns. She felt that school
age children needed Erin's Law and Bree's Law. She offered
that adding days onto the school year may help to
facilitate the programs.
Co-Chair MacKinnon encouraged Ms. Ditton to review Section
4. She explained that anyone could submit written testimony
via email.
2:53:30 PM
RON FUR, SCHOOL TEACHER, ANCHORAGE (via teleconference),
spoke in support of the original HB 44. He had concerns
related to the committee substitutes. He addressed two
components of the Committee Substitute that would directly
impact teachers in Alaska. He stated that the committee
substitute did not address the impact the requirements
would have on teachers related to trainings. The second
component was in Section 14 related to required physical
exams for teachers. Many districts did not have access to
physical exams. He had heard overwhelming support of the
law from teachers.
Co-Chair MacKinnon pointed out that the Committee
Substitute language read "may" in Section 14.
2:57:04 PM
MICHELLE CHURCH, SELF, PALMER (via teleconference),
testified in support of the original version of HB 44. She
believed Section 4 included an opt-out provision. She
appreciated that some additions from the Senate Education
Committee had been removed. She believed Erin's and Bree's
Law needed to be passed. She spoke to her daughter's
personal experience. She believed if her daughter had
received education on appropriate interactions her
experience may have been different. Her heart went out to
people who had been impacted by sexual abuse.
2:59:50 PM
BERT COTTLE, SELF, WASILLA (via teleconference), encouraged
the committee to return to the original version of the
legislation, that had passed from the House. He shared that
school districts were already teaching prevention, and saw
zero downside to the curriculum. He felt that some cases
could have been prevented, if the legislation had already
been in place. He remarked that the program could teach
students to recognize abuse signs among their peers.
Co-Chair MacKinnon wondered Mr. Cottle had read the current
committee substitute. Mr. Cottle replied in the
affirmative.
Co-Chair MacKinnon asked if Mr. Cottle read the current
Senate Finance committee substitute. Mr. Cottle replied
that he had read three different versions.
Co-Chair MacKinnon wondered if Mr. Cottle had read version
F of the bill. Mr. Cottle replied in the affirmative. He
felt that all school districts should be required to teach
the program.
3:02:56 PM
DANIEL LYNCH, SELF, SOLDOTNA (via teleconference),
testified in support of the legislation in its original
form. He felt that the legislation should have been passed
20 years prior. He did not believe that there were adequate
leaders in the state to pass the legislation. He insinuated
that some House members were "predators, perverts, and
pedophiles." He noted that there were programs funded in
the school districts that protected children, and hoped
that there would be additional programs that would protect
children.
Co-Chair MacKinnon encouraged the testimony to be
respectful to the members of the legislature.
3:05:25 PM
MARCIE HAWKINS, SELF, SUTTON (via teleconference), felt
that there should be more specifics regarding criminal
background checks. She testified in support of the
legislation in its original form. She stressed that the
focus of the bill should be on sexual assault prevention in
schools.
3:08:27 PM
DEBORAH WILLIAMS, SELF (via teleconference), testified in
support of the legislation. She spoke to the provisions in
the committee substitute that she felt interfered with the
implementation of Erin's Law. She felt that the legislation
was unconstitutional, because it had more than one
appropriate subject matter. She felt that Section 2 as
related to parent notification was inconsistent with the
bill's intent, and provided undue burden to educators. She
added that Section 6 would change the existing law.
3:13:06 PM
Co-Chair MacKinnon wondered if Ms. Williams was familiar
with the current committee substitute. Ms. Williams believe
that her testimony referred to the current committee
substitute.
Co-Chair MacKinnon remarked that Ms. Williams' comments did
not seem consistent with the current version.
Vice-Chair Micciche stated that version P of the
legislation had a provision that allowed a student to be
excused from the training at a written request from a
parent.
Co-Chair MacKinnon encouraged Ms. Williams' to submit her
comments as related to version F via email.
3:15:14 PM
CHRIS RITON, SUPERINTENDENT, GALENA CITY SCHOOL DISTRICT,
GALENA (via teleconference), spoke to Section 4. He
encouraged the committee to consider "opt out" language,
rather than written permission. He felt that the current
language would limit the schools to develop programs to
best serve the students. He stated that he would like the
change to the last line of Section 4 to read, "unless opt
out forms are obtained from student's parent or legal
guardian.
Co-Chair MacKinnon shared that it was current state
statute. Mr. Riton replied that there were opt out
provisions applied to some student surveys.
Co-Chair MacKinnon wanted to ensure an understanding of
current state statute. Mr. Riton stressed that the schools
may not receive proper data through the bill's current
language.
Mr. Riton supported the change for state mandated training
for school districts. He stated that school districts had
extensive responsibilities for training. He looked at
Section 24, and supported the establishment of the Alaska
Safe Children Act Task Force. He felt that the task force
would provide guidance to ensure the best curriculum to
meet the new mandates.
Co-Chair MacKinnon wondered if Vice-Chair Micciche wanted
to comment on Section 4. Vice-Chair Micciche replied in the
negative.
3:19:22 PM
SANTA CLAUS, SELF, NORTH POLE (via teleconference),
testified in support of the legislation in its original
form. He felt that the majority of Alaskans were in support
of age appropriate sexual abuse and assault aware and
prevention education for grades K-12. The felt that the
legislation would result in a safer environment for
children. He felt that there would not be additional costs
to school districts that claim to have similar existing
programs.
Co-Chair MacKinnon wondered if Mr. Claus was able to review
the committee substitute. Mr. Claus replied in the
affirmative, and furthered that he was in support of the
original version.
3:21:27 PM
CATHERINE LAY, SELF, WASHINGTON STATE (via teleconference),
testified in support of the legislation in its original
form. She shared a story about her stepson abusing her
stepdaughter. She remarked that she had family in Alaska,
and stressed that the legislation was essential to
preventing sexual violence.
3:27:59 PM
Co-Chair MacKinnon shared that written comments could be
submitted via email.
3:28:28 PM
AMY BOLLENBACH, SELF, HOMER (via teleconference), testified
in support of the bill in the three-page version. She
stated that the current version's purpose was still
unclear, but remarked that Section 4 was an improvement.
3:30:50 PM
JENNIFER WOOLEY, SELF, ANCHORAGE, spoke in support of the
legislation. She remarked that she never received an
education about healthy relationships.
3:33:03 PM
ZHEVIA C. PETERSON, SELF, ANCHORAGE, spoke in support of
the legislation. She stated that she was currently studying
Sociology related to social work and public health. She
felt that the bill should return to its original form. She
expressed concern regarding the high rate of child sexual
abuse in Alaska.
3:34:31 PM
ANDY HOLLEMAN, PRESIDENT, ANCHORAGE EDUCATION ASSOCIATION,
ANCHORAGE, spoke in support of the purpose of the
legislation, but felt that there needed to be substantial
processes regarding some of the additions to the bill. He
stressed his support for the original form of the bill, and
felt that the other areas could be addressed at a later
date.
3:35:47 PM
ALYSE GALVIN, SELF, ANCHORAGE, testified in support of the
legislation. She felt that the education was extremely
important to the state. She remarked that the children
should be protected. She felt that this was the right
direction to take. She appreciated the work of the
legislature. She felt that Section 4 should be removed from
the bill. She recommended that Sections 20 and 22 should
also be removed from the legislation. She added that she
felt that she would have had a better chance to be
successful, if she had the education and tools that the
legislation would provide.
3:39:04 PM
JESSICA CLER, ALASKA PUBLIC AFFAIRS MANAGER, PLANNED
PARENTHOOD VOTES NORTH WEST, ANCHORAGE, spoke in support of
the legislation. She stressed that teachers needed the
skills to recognize victims of abuse, and students needed
the tools to address the problem. She felt that the current
version was very close to the Alaska Safe Children Act. She
stressed that Alaska had demonstrated support of the bill.
3:41:16 PM
Mr. Lynch wondered if he should focus on his objections, or
whether he should begin with the point from when he was
previously muted. Co-Chair MacKinnon replied that he should
focus on what could be done to enhance bill
Mr. Lynch stated that there should have been a bill passed
20 or 30 years prior. He stated that there was money for
other programs, so there should be money set aside for this
program as well. He hoped that the original legislation
would be adopted.
3:43:30 PM
AT EASE
3:44:00 PM
RECONVENED
3:44:27 PM
VERA BEDARD, SELF, ANCHORAGE, shared that she had written a
play about her family's sexual abuse. She remarked that she
had disclosed her abuse, but it was hidden away. She spoke
to the opt-out provision.
3:48:31 PM
STEVEN AUFRECHT, SELF, ANCHORAGE, shared concerns regarding
the impact of how many children would be affected by the
changes in the committee substitute.
3:51:55 PM
DIANA HANSEN, SELF, ANCHORAGE, spoke in support of the
original version of the legislation. She felt that the
current version was better than the Senate Education
committee substitute. She shared that she had been abused
as a child.
3:54:48 PM
MARY SAVAGE, SELF, ANCHORAGE, testified in support of the
legislation in its original form. She shared that she had
been a victim of sexual assault and domestic violence. She
felt that her sexual abuse as a child led to her domestic
violence experience as an adult. She shared that she had
education about sexual abuse, but it was too late. She felt
that sexual abuse education should occur at an extremely
young age. She felt that sexual predators were not born
that way, because it was a learned behavior.
3:56:50 PM
KENNI LINDEN, SELF, PALMER, spoke in support of the
legislation in its original form, essentially Section 15 of
the Committee Substitute. She shared that she loved her
community, and was proud of its residents. She stated that
she had served on the MatSu School Board as a student, and
she had been involved in many different aspects of
education. She shared that she had been sexually assaulted
at age 15, and wished that she had received information
about dating abuse in the classroom.
4:00:19 PM
GRETCHEN WHENHOFF, SELF, ANCHORAGE, shared a personal
experience. She testified in support of the legislation.
4:03:22 PM
JUDY MILLER, SELF, ANCHORAGE, spoke in support of the
original version of the legislation. She did not support
the language from the Senate Education Committee
Substitute. She felt that she was not qualified to address
many of the changes in the current version.
Co-Chair MacKinnon CLOSED public testimony.
4:06:28 PM
Co-Chair MacKinnon thanked those who had testified, and
asked the committee to stand to honor those who had
testified on the legislation.
Co-Chair MacKinnon stated that there would be amendments
offered within the hour.
Co-Chair MacKinnon shared some thoughts on the process of
the legislation.
4:11:38 PM
RECESSED
6:02:32 PM
RECONVENED
6:03:20 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 1 (copy on
file).
Co-Chair MacKinnon OBJECTED for discussion.
LAURA PIERRE, STAFF, SENATOR ANNA MACKINNON, stated that
Amendment 1 related to the Suicide Prevention Training,
which was passed in 2012. Currently the training was set to
expire on June 30, 2016. The amendment would allow the
training to continue each year until the expiration, then
the training would be a part of the legislation at a two-
year interval. The amendment would change the task force
from developing curriculum to only "making recommendations
to DEED", which would solve the issue of separation of
powers as it relates to the constitution.
Senator Dunleavy queried the word change in the amendment.
Ms. Pierre replied that the change the word "developing" to
"providing recommendations to the Department of Education
and Early Development."
Co-Chair MacKinnon explained the exact location of the
amendment within the bill.
Co-Chair MacKinnon WITHDREW her objection. There being NO
OBJECTION, Amendment 1 was adopted.
Vice-Chair Micciche MOVED to ADOPT Amendment 2.
Co-Chair MacKinnon OBJECTED for discussion.
Ms. Pierre explained that Amendment 2 related to Section
15, specifically on page 8, lines 1 and 2. The bill
currently stated that the governing body of each school
district was required to provide notice to parents,
students, and staff. The amendment would remove "parents"
and "staff" to read, "provide notifications to the parent."
The amendment was a request from DEED, and was written in
Senator Gardner's version of the legislation.
Co-Chair MacKinnon WITHDREW her objection. There being NO
OBJECTION, it was so ordered.
Vice-Chair Micciche MOVED to ADOPT Amendment 3.
Co-Chair MacKinnon OBJECTED for discussion.
Ms. Pierre explained that Amendment 3 related to mandatory
reporting of volunteers. Currently the mandatory volunteer
portion was restrictive for the volunteer hours and the
reporting. The amendment broadened the restrictions to
include the items listed on lines 6 through line 10. The
amendment allowed for the volunteers to have access to the
same training as school staff as provided in the
legislation.
Co-Chair MacKinnon WITHDREW her objection. There being NO
OBJECTION, it was so ordered.
6:08:07 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 4.
Co-Chair MacKinnon OBJECTED for discussion.
Ms. Pierre explained that Amendment 4 would delete Section
14, which was physical examinations for teachers. She
remarked that there was some concern that teachers in rural
Alaska may be limited in their access to health care
provider service for a physical examination.
Co-Chair MacKinnon asked if Senator Olson wanted to explain
further the amendment.
Senator Olson explained that Section 14 would be
duplicative, because they were already required to have
physical exams. He stated that the amendment would clear up
some confusion.
Co-Chair MacKinnon MAINTAINED her OBJECTION to Amendment 4,
and set it aside.
Vice-Chair Micciche MOVED Conceptual Amendment 5. Co-Chair
MacKinnon OBJECTED for DISCUSSION.
Vice-Chair Micciche explained Conceptual Amendment 5. He
stated that he would like to delay the effective dates for
Sections 4, and Sections 20 through 23, and the addition of
Amendment 3 until June 30 2017 in order to fully understand
the impacts of the changes. He felt that the delay could
work with the Task Force.
Co-Chair MacKinnon wondered if the amendment could be held
until the following day to allow time to draft an
amendment.
Ms. Pierre explained that the effective dates would be
applicable to Sections 4, 20, and 22. Vice-Chair Micciche
agreed, with the addition of Sections 21 and 23, because
they were the same subject matter.
Co-Chair MacKinnon wanted to hold the amendment until
8:00am the following day. Vice-Chair Micciche replied that
he was content with waiting until the following day.
Co-Chair MacKinnon announced that she was not opposed to
the change.
Co-Chair MacKinnon MAINTAINED her OBJECTION to Amendment 5.
6:13:12 PM
REPRESENTATIVE GERAN TARR, shared that there had been some
concern about the unfunded mandates early in the session.
She stated that there was a review of the different
responsibilities as it relates to the district payments for
teachers. She stated that the physical examinations may be
a cost savers, in consideration of the overall costs of the
districts. She understood that there was a concern of the
availability of receiving a physical exam in a rural
communities. The language could be expanded to include the
village health aides, and other individuals, so there could
alleviate the pressure to travel to hub communities.
Representative Tarr stressed that there was strong support
of the mandatory language, so the school districts would be
required to offer the curriculum. She understood that
parental rights should be respected, and she noted that
parents had the right to remove their child from any
curriculum.
Vice-Chair Micciche stressed that the bill would protect
Alaska's youth. He remarked that there were items in the
bill that were the result of a compromise. He wondered if
the bill was a "clean bill" for Erin and Bree's Law.
6:17:36 PM
REPRESENTATIVE CHARISSE MILLETT, explained that the
original intent of the legislation was included in the
current version of the bill. She remarked that there were
some other portions of the bill, and she found some merit
in those additions. She stressed that the ultimate goal of
the current version provided a satisfactory compromise. She
expressed concern about the addition of the task force. She
stressed that the purpose of the task force should be
focused on examining some solutions for issues within
society.
Senator Dunleavy surmised that the House did not support
some items in the Senate Education version of the bill. He
assumed that the House did not support the opt-in portion,
and wondered what other items that the House may not have
supported.
6:19:32 PM
AT EASE
6:20:06 PM
RECONVENED
6:20:10 PM
Senator Dunleavy queried the issues within the Senate
Education Committee Substitute. Representative Millett
replied that the Senate Education Committee Substitute made
the program optional, which only maintained the status quo.
There was also an opt-out for school districts, which would
not carry forth a law. The version also required parents to
"opt-in", which would be a burden to the school districts.
Senator Dunleavy wondered if those three items were the
only issues that would have prevented the version from
passing the House. Representative Millett replied that she
did not examine every issue with each member of the House.
She stated that there were some members of the House, who
felt that the bill would have zero impact. She remarked
that some individuals may have had other issues.
Senator Dunleavy wondered if the bill would have passed the
House, had those three items not been included.
Representative Millett replied that she did not know.
Senator Dunleavy asked if the "pro-life" portion or
"abortion provider" portion would have halted the bill in
the House. Representative Millett replied that it would
politicize the bill, which was not the original intent of a
child protection bill. The bill was intended to provide
children and teens with the ability to know the difference
between right and wrong. The bill was not about abortion or
a political statement, but rather the safety of children.
The addition of other bills into the legislation was
disingenuous, because she did not know the House members'
positions on the other bills.
6:26:00 PM
Representative Tarr stressed that there was passion around
this issue, so keeping the legislative "tight" allowed for
more of a collective effort. The violence prevention
efforts were the most important aspects of the legislation.
Senator Dunleavy felt that dialogue was more important than
the perspective of the press.
Co-Chair MacKinnon stressed that she wanted to outline
legislation that was beneficial to all Alaskans, and wanted
to ensure the safety of all Alaskans. She asked for further
comment from Representative Millett.
Representative Millett stressed that the legislation was
tied to passion and heartache, and the purpose of the bill
was to prevent even just one child from experiencing sexual
violence trauma. She stressed that the bill would not solve
the state's problems. She felt that the legislation was a
positive direction.
6:30:03 PM
Co-Chair MacKinnon queried Representative Millett's
position regarding the two held amendments. Representative
Millett's agreed with Senator Olson's position regarding
the physical examination of teachers. She was unclear about
how it was written in statute, and felt it necessary to
hold the amendment until the following day. She shared that
delaying the effective date amendment was intended to
examine the surveys, and how data was collected regarding
the safety of children. She felt that there could be
further clarification through DEED regarding the impact of
the amendment.
Co-Chair MacKinnon remarked that she would be in contact
with the bill drafters regarding Amendment 3.
CSHB 44(FIN) was HEARD and HELD in committee for further
consideration.
ADJOURNMENT
6:33:43 PM
The meeting was adjourned at 6:33 p.m.