Legislature(2011 - 2012)BUTROVICH 205
02/15/2011 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB26 | |
| SCR2 | |
| SB61 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 61 | TELECONFERENCED | |
| = | SB 26 | ||
| = | SCR 2 | ||
SB 61-2011 REVISOR'S BILL
9:13:38 AM
CHAIR WIELECHOWSKI reconvened the meeting and announced the next
order of business would be SB 61.
KATHERINE KURTZ, Assistant Revisor of Statutes, Legal Services,
Legislative Affairs Agency, said the Legislative Legal Services
Agency prepares a revisor's bill almost every year. This is
directed by statute. Under AS 01.05.036, the purpose of the
revisor's bill is to correct or remove deficiencies and obsolete
provisions from the statutes. It is a clean-up bill. They don't
fix every problem, because they are policy-neutral, so they
steer clear of policy decisions. The revisor's bill covers many
subject areas, and is a constitutional exception to the single
subject rule.
MS. KURTZ said she would group the changes into broader areas.
The biggest single change this year relates to the
administrative director of the Alaska Court System, formerly
known as the administrative director of courts. This position is
established by the constitution, but the constitution does not
establish a title. At some point, the court system changed its
usage to administrative director of the Alaska Court System. In
recent years this title has been used in statutes, but there
remain a number of statutes that refer to the "administrative
director of courts." SB 61 cleans up all those references and
makes the title uniform throughout the statutes. That change
covers 20 sections of SB 61.
MS. KURTZ explained that another change relates to the United
States Soil Conservation Service, which has changed its name to
the United States Department of Agriculture & Natural Resources
Conservation Service. When government departments change names,
the revisor's bill tries to keep up with those changes.
Revisions in federal statutes may also change statute references
in Alaska statutes. For instance, Sheldon Jackson College no
longer functions as a college, so SB 61 removes references to
Sheldon Jackson College in Alaska statutes. Obsolete date
references are also removed.
CHAIR WIELECHOWSKI asked about the definition of vulnerable
adult referred to on page 2, lines 6 -7.
MS. KURTZ replied that this was missed when the switch occurred.
CHAIR WIELECHOWSKI asked if this is a substantive change.
MS. KURTZ responded that it has to do with reporting
requirements.
CHAIR WIELECHOWSKI stated the current law says "report incidents
of harm suffered by an elderly person or a disabled adult." It
would seem that the change limits the definition.
MS. KURTZ answered that the sentence continues, ". . . as
required by AS 47.24. She explained that AS 47.24 doesn't talk
about disabled persons and elderly adults; instead it talks
about "vulnerable adults," which it defines as both elderly
persons and disabled adults.
CHAIR WIELECHOWSKI then asked if section 4, page 2, lines 14 -
17, was a name change only.
9:22:16 AM
MS. KURTZ affirmed that it was.
SENATOR PASKVAN said the reference in section 3 on page 2, line
6, refers to licensed professional counselors, and says that "a
person licensed under this chapter shall report incidents of
harm or assault suffered by an elderly person or disabled
adult." SB 61 would change that phrase to "vulnerable adult."
CHAIR WIELECHOWSKI asked why the wording is being changed.
MS. KURTZ replied, to be consistent with the statute referred
to, AS 47.24, which contains the term "vulnerable adult."
9:24:03 AM
SENATOR PASKVAN stated that under AS 47.24.010(a) there is a
reference to persons who, in the performance of their
professional duties, have reasonable cause to believe that a
"vulnerable adult" suffers from abandonment, exploitation,
abuse, neglect, or self-neglect. The statute says these persons
shall, within 24 hours, report the belief to the department of
central information service for vulnerable adults.
MS. KURTZ stated that the term "vulnerable adult" is defined in
AS 47.24.900(16). The change is to make the wording consistent
throughout the statutes. The Legal Services Agency can pull this
section out if there is a policy question.
CHAIR WIELECHOWSKI replied that he had no problem; he just
wanted to make sure there was not a policy question.
SENATOR GIESSEL said she would advocate for the term "vulnerable
adult" because it is the contemporary term of use.
9:26:33 AM
CHAIR WIELECHOWSKI asked if this change was actually expanding
the definition.
MS. KURTZ responded that the definition was expanded in 1994,
when the terminology changed, but this section was not updated
at that time.
CHAIR WIELECHOWSKI stated that right now, if a licensed social
worker witnessed harm or assault on a vulnerable adult, they
would not be required to report that. So it is a substantive
change, but probably a good one.
SENATOR GIESSEL said this is not a substantive change. That was
made in the definition. This is simply correcting an oversight.
9:27:45 AM
MS. KURTZ responded that the required reports referred to a
vulnerable adult. The distinction is which statute imposes the
duty. The term "vulnerable adult" is defined in AS
47.24.900(16). It means a person 18 years of age or older who
because of physical or mental impairment is unable to meet the
person's own needs or to seek help without assistance. Again,
the change is to make the usage consistent. However, if there is
a policy question, the Legal Services Agency would be happy to
take out that change.
SENATOR PASKVAN asked if a licensed professional counselor falls
within the classification of other licensed health care
providers.
MS. KURTZ responded that was open to interpretation.
9:30:11 AM
CHAIR WIELECHOWSKI asked if the change on page 4 is referring to
federal courts.
KURTZ answered that it refers to state courts only.
CHAIR WIELECHOWSKI asked why "mathematics" is used on page 4
instead of "math."
MS. KURTZ said it was done to be consistent with other statutes.
CHAIR WIELECHOWSKI asked about the change on page 7, line 13,
from AS 16.05.060 to 16.20.060.
MS KURTZ said that was correcting an error.
CHAIR WIELECHOWSKI asked if on page 11, lines 19 - 20, the
definition of school district was being changed.
MS. KURTZ responded that the former definition was repealed, so
this definition needed to be added.
CHAIR WIELECHOWSKI asked what the section pertains to.
MS. KURTZ replied that it refers to insurance tax education
credit. The statute says, "A taxpayer is allowed a credit
against the tax due under AS 21.09.210 or 21.66.110" for cash
contributions accepted for direct instruction, research, and so
forth.
CHAIR WIELECHOWSKI noted this was the bill that allowed
companies and organizations to contribute to schools.
MS. KURTZ replied that the statute was amended in 2010.
9:35:12 AM
SENATOR MEYER asked if the statute referenced a school district
that didn't exist.
MS. KURTZ answered that it did exist when the statute was added,
but was subsequently repealed. This change makes it easier for
people to find the reference.
CHAIR WIELECHOWSKI asked if Ms. Kurtz could explain the change
on page 20, line 4.
MS. KURTZ responded that was another one where the federal
statutes have been revised. When this law was first enacted, it
referred to the interstate commerce act. That federal act has
been revised and spread out in many places; therefore, the
reference cannot be updated. For that reason, going back to the
short title was the most minimal change possible.
9:37:16 AM
CHAIR WIELECHOWSKI noted there was a letter of support for SB 61
from the Department of Law, and a zero fiscal note. He announced
he would hold SB 61 in committee.
SENATOR MEYER asked how the revision process works.
MS. KURTZ said that every year the Legal Services Agency assigns
attorneys to read various titles, so every title gets read every
few years. The attorneys note any changes that are needed. Legal
Services also receives suggestions from the Department of Law.
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