Legislature(1993 - 1994)

1994-01-28 House Journal

Full Journal pdf

1994-01-28                     House Journal                      Page 2177
HB 412                                                                       
                                                                               
HOUSE BILL NO. 412 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               

1994-01-28                     House Journal                      Page 2178
HB 412                                                                       
"An Act relating to facilities for the care of children; to child             
placement agencies; to maternity homes; to certain residential                 
facilities for adults; and to foster homes for adults; and providing           
for an effective date."                                                        
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Health & Social Services, 1/28/94                        
                                                                               
The Governor's transmittal letter, dated January 28, 1994, appears             
below:                                                                         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill relating to the licensing, by the Department of            
Health and Social Services (DHSS), of facilities for the care of               
children, child placement agencies, maternity homes, and residential           
facilities and foster homes for adults.  The bill reorganizes and clarifies    
existing licensing statutes and provides much-needed detail in the             
statutes.  The bill's reorganization of the statutes separates licensing of    
child-related facilities from licensing of adult facilities.                   
                                                                               
Sections 5 and 7 - 12 of the bill set out new statutory provisions that        
provide for the licensing and regulation of child foster homes, child          
care facilities, residential child care facilities, child placement agencies,  
and maternity homes.  Section 7 of the bill clarifies which of these           
facilities are required to be licensed and which are exempt from               
licensure.  Licensing procedures and requirements, appeal procedures,          
and operational requirements that apply to all such facilities are set out     
in secs. 7 - 11.  Those sections provide for provisional licenses and          
biennial licenses, and specify that DHSS must inspect and investigate          
a facility before either a provisional license or initial biennial license     
is issued.  Renewal procedures for biennial licenses are also provided.        
Complaint, investigation, and other enforcement provisions are set out         
in sec. 12 of the bill.                                                        
                                                                               

1994-01-28                     House Journal                      Page 2179
HB 412                                                                       
Section 13 of the bill sets out a separate article in AS47.35 to address       
licensure and regulation of adult residential care facilities.  Many of        
the provisions in secs. 7 - 12 of the bill are incorporated by reference       
in the adult residential care facility article.  I intend to introduce a bill  
this session relating to "assisted living homes" for adults; that bill will    
place licensing and regulation of adult residential facilities in a new        
chapter in AS47.  If that bill passes the legislature and becomes law,         
sec.13 of the attached bill will not take effect.  See sec. 21 of the bill.    
                                                                               
                                                                               
Sections 14 and 15 of the bill set out general provisions for                  
administrative adjudication procedures, liability immunity, criminal           
penalty, and definitions for AS47.35.                                          
                                                                               
                                                                               
Sections 1 - 4 and 6 of the bill make conforming amendments to                 
existing statutes to reflect changes made by secs. 5 and 7 - 15 of the         
bill.  Section16 of the bill repeals most of the existing statutes in          
AS47.35 -- their provisions have been reworded and reorganized in              
secs. 5 and 7 - 15 of the bill.  Section 17 of the bill contains transition    
provisions that specify how the bill affects existing as well as new           
facilities.                                                                    
                                                                               
                                                                               
Section 18 of the bill authorizes DHSS to begin the regulation                 
adoption process so that necessary regulations can take effect on the          
effective date of the statutory changes made by the bill.  Sections 19 -       
 21 provide an immediate effective date for sec. 18 and a January 1,           
1996 effective date for the statutory changes made by the remainder of         
the bill.  Section21 makes the January1, 1996 effective date for sec.          
13 contingent on another adult residential facility bill not becoming          
law, as discussed earlier in this letter.                                      
                                                                               
I urge your support of this important legislation.                             
                                                                               
												Sincerely,                                                         
                                                                               
												/s/                                                                
                                                                               
												Walter J. Hickel                                                   
												Governor"