Legislature(2005 - 2006)HOUSE FINANCE 519
05/07/2006 12:00 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| D 48 | |
| SB206 | |
| HB316 | |
| SB231 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | HB 316 | ||
| SB 48 | |||
| = | SB 206 | ||
| = | SB 160 | ||
| = | SB 231 | ||
HOUSE FINANCE COMMITTEE
May 7, 2006
12:31 p.m.
CALL TO ORDER
Co-Chair Meyer called the House Finance Committee meeting to
order at 12:31:59 PM.
MEMBERS PRESENT
Representative Mike Chenault, Co-Chair
Representative Kevin Meyer, Co-Chair
Representative Bill Stoltze, Vice-Chair
Representative Richard Foster
Representative Mike Hawker
Representative Jim Holm
Representative Reggie Joule
Representative Beth Kerttula
Representative Carl Moses
Representative Bruce Weyhrauch
MEMBERS ABSENT
Representative Mike Kelly
ALSO PRESENT
Senator Betty Davis; Senator Con Bunde; Richard Benavides,
Staff, Senator Davis; Barbara Thompson Director, Division of
Teaching and Learning support, Department of Education and
Early Development; Tom Swanson, Anchorage; Lauren Rice,
Staff, Senator Bunde; Dean Guaneli, Chief Assistant Attorney
General, Department of Law; Pete Ecklund, Staff,
Representative Kevin Meyer; Rich Poor, Juneau; Merrill
Sanford, Juneau; Jim Becker, Juneau; Kevin Ritchie,
Executive Director, Alaska Municipal League; Richard Knapp,
Juneau; Paul Fuhs, Kuskokwim Association; Emily Ferr, Alaska
Transportation Priorities, Juneau; Tom Brice, Laborers,
Juneau.
PRESENT VIA TELECONFERENCE
Richard Warner, President, Seattle Chapter of the Commission
on Human Rights; Teresa Obermeyer, Anchorage; Art Weeks,
Anchorage Libraries, Anchorage; Lynn McNamera, Girdwood
Community Center, Anchorage; Orin Seybert, Alaska Aviation
Museum, Anchorage.
SUMMARY
HB 316 An Act extending the termination date for the
Board of Governors of the Alaska Bar Association;
and providing for an effective date.
CSHB316 (JUD) was REPORTED OUT of Committee with
one previously published zero fiscal note (JUD)
and individual recommendations.
CS SB 48(HES)
An Act relating to recommending or refusing
psychotropic drugs or certain types of evaluations
or treatments for children.
SB 48 was REPORTED OUT of Committee with One New,
Zero Fiscal Note (EED) and one Previously
Published Zero Fiscal Note (#2, HSS) and
individual recommendations.
CS SB 206(FIN)
An Act relating to contempt of court and to
temporary detention and identification of persons.
HCS CSSB 206 (FIN) was REPORTED OUT of Committee
with three Previously Published Zero Fiscal Notes:
#5 (ADM); #6 (COR); #7 (LAW); #8 (ADM) and a Do
Pass Recommendation.
CS SB 231(FIN) am
An Act making appropriations, including capital
appropriations, supplemental appropriations,
reappropriations, and appropriations to capitalize
funds; making appropriations under art. IX, sec. 17(c),
Constitution of the State of Alaska, from the
constitutional budget reserve fund; and providing for
an effective date.
SB 231 was HEARD AND HELD in Committee for Further
Consideration.
An Act relating to recommending or refusing
psychotropic drugs or certain types of evaluations or
treatments for children.
#d 48
CS FOR SENATE BILL NO. 48(HES)
"An Act relating to recommending or refusing
psychotropic drugs or certain types of evaluations or
treatments for children."
SENATOR BETTY DAVIS, SPONSOR, spoke in support of the
legislation. She observed that a zero fiscal note would
replace the previous indeterminate fiscal note by the
Department of Education and Early Development.
RICHARD BENAVIDES, STAFF, SENATOR DAVIS explained that the
bill in it's simplest terms states that a public school may
not deny any student access to programs or services simply
because the parent of the student has refused to place the
student on psychotropic medications, get a psychiatric
evaluation or seek psychiatric or psychological treatment
for a child. The legislation also spells out what
communications are allowed, who can do evaluations and the
protections a parent or guardian has against being reported
to the Office of Child Services simply because they disagree
with psychotropic medications. The 2004 reauthorization of
the IEDA law requires that each state must prohibit state
and school district personnel from requiring a child to
obtain a prescription covered by the Controlled Substances
Act as a condition of attending school, receiving services
or an evaluation for a disability. The prohibition does not
prevent teachers or other school personnel from consulting
or sharing classroom based observations with parents or
guardians about a student academic or functional behavior
performance or the need for an evaluation of special
education or related services. Senate Bill 48 clarifies
that, while school district personnel may share those
observations with parents and may offer program options and
other assistant to the parents, but may not compel any
specific action by the parent or require that the student
take medication. He observed that Senator Davis believes
that any such decisions made to address the students needs
is a matter between the student, the student's parents and a
competent health care professional chosen by the parent.
BARBARA THOMPSON DIRECTOR, DIVISION OF TEACHING AND LEARNING
SUPPORT, DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT spoke
to the fiscal note, which has been revised to a zero fiscal
note by the Department of Education and Early Development.
She explained that at the time the indeterminate note was
issued, they did not know if the legislation would have a
cost impact on the school districts. She observed that the
note was always intended to be zero for the department. At
the time the legislation was introduced, the Department of
Education and Early Development was uncertain if school
districts would have to change any policies or staffing
patterns to comply with the legislation. The department has
not heard anything that indicates a need to change staffing
or policy.
In response to a question by Representative Stoltze, Senator
Davis did not know of any litigation surrounding the issue
in the state of Alaska. Senator Davis noted that the bill
had been around for two years, and maintained that all
States would eventually need a statute to cover these
issues.
Representative Hawker referred to the indeterminate fiscal
note, and observed that perhaps the bill would have a small
effect on school districts. Ms. Thompson reiterated that
they did not believe there would be any impact, although
they were uncertain when the bill was introduced.
12:39:38 PM
Representative Chenault asked if they had been contacted by
any school districts regarding concerns of endangerment to
other children from a child taken off of a medication.
Senator Davis did not know of any cases.
12:40:15 PM
Representative Kerttula referred AS 14.30.172 (1)(a). She
observed that the language is somewhat circular.
Observations cannot be shared if they violate the first
prohibition. She summarized that the intent is that if there
is some other reason it is allowed. Mr. Benavides agreed.
12:41:18 PM
RICHARD WARNER, PRESIDENT, SEATTLE CHAPTER OF THE COMMISSION
ON HUMAN RIGHTS, testified via teleconference. He commended
the work of Senator Davis in her staff in crafting a bill,
which he felt meets the needs of all the stakeholders. He
noted that psychiatric conditions are disorders, and not
diseases, and explained the difference. Diseases require a
group of symptoms and a cause or understanding of their
physiology must be proven or established. In the absence of
a known physical cause, a group of symptoms might comprise a
disorder or syndrome. He noted that a Harvard Medical School
Psychiatrist has said that in psychiatry all of their
diagnoses are merely syndromes. He stated that claims that
these disorders are akin to diseases was incorrect, making a
comparison to treatment for a life threatening disease was
not accurate. He maintained that these disorders were a
matter of opinion, and that psychiatrists often disagreed.
He concluded that the focus should be on protecting parents
who are informed, from having a school district force
children to take a drug for a condition that is speculative.
He observed that there is no medical test, which can
demonstrate that there is something wrong with a child's
brain. He also noted recent warnings by the FDA that these
drugs can double the risks of a child becoming suicidal and
that the risk of cardiovascular problems is increased. He
pointed out that parents or doctors might have valid reasons
for asking that their child not take a certain drug.
12:46:20 PM
TOM SWANSON, ANCHORAGE, testified via teleconference. He
observed that teachers have job security due to tenure. He
maintained that teachers sometimes wish to bypass practicing
care and understanding for the sake of convenience. He
advocated the bill as a means to require responsibility by
teachers without allowing them to "hide behind some
psychiatric drug".
Representative Chenault MOVED to replace the indeterminate
fiscal note from the DEED with a zero fiscal note. There
being NO OBJECTION, it was so ordered.
Representative Foster MOVED to REPORT CSSB48 (HES) from
Committee with two fiscal notes and individual
recommendations. There being NO OBJECTIONS, it was so
ordered.
SB 48 was REPORTED OUT of Committee with a new zero fiscal
note (EED) and previously published zero fiscal note (#2,
HSS) and with "no recommendations".
12:51:00 PM
CS FOR SENATE BILL NO. 206(FIN)
An Act relating to contempt of court and to temporary
detention and identification of persons.
Representative Stoltze MOVED to ADOPT Work Draft #24-
LS1197\N, Luckhaupt, 5/6/06. NO OBJECTIONS, the Committee
Substitute was ADOPTED. NO OBJECTIONS.
SENATOR CON BUNDE, SPONSOR, testified regarding the bill. He
noted that the bill was an attempt to address a growing
inner city problem regarding material witnesses. He gave a
recent example of a circumstance when a group engaged in
violent criminal behaviors refused to provide identification
in Anchorage. He proposed that it was a balance to protect
the freedoms of regular citizens, while giving the police
the ability to prosecute criminals. He noted attempts to
maintain constitutionality, and stated that the chief of
police in Anchorage supported the bill.
12:54:09 PM
Senator Bunde gave an example of the importance of being
able to identify individuals even if they are not an active
participant in a crime. He referred to a group shooting,
which occurred in the Anchorage area. An individual who was
in the area at the time, but was not involved in the crime,
lead to the identification and location of the murderer. He
stated that the bill protected people from unnecessary
questioning, but would aid police by requiring individuals
to identify themselves. These witnesses would be given
protection.
12:57:29 PM
Representative Hawker asked if the Sponsor supported the CS.
The Sponsor does support this version.
12:57:55 PM
Representative Kerttula asked regarding the ability of an
individual to quash a subpoena was removed in the committee
substitute.
LAUREN RICE, STAFF, SENATOR BUNDE explained that the section
was removed since it implied that if a person provided their
identification, the police could not ask for further
testimony. She explained that if identification was offered,
and the police decided that more information was needed, a
subpoena could be issued.
Representative Kerttula noted that normally the courts
would decide.
DEAN GUANELI, CHIEF ASSISTANT ATTORNEY GENERAL, DEPARTMENT
OF LAW explained that it is the obligation of every citizen
to provide testimony in court if they are required to,
unless they would incriminate themselves; there is a
statutory scheme that covers fifth amendment claims. The
legislation attempts to provide a mechanism to identify
persons that witness crime. Persons without of
identification could be given a subpoena.
12:59:28 PM
Mr. Guaneli added that they may be other reasons that a
prosecutor would need their testimony before a grand jury
beyond the need to identify themselves. This provision
allows that if a prosecutor had a need for testimony, the
individual could no longer quash a subpoena. He maintained
that a person should not be allowed to avoid their
obligation to appear before a grand jury by simply showing
identification. They can still move to quash a subpoena for
other reasons.
Representative Kerttula maintained her concern that this
could be used more broadly and committed to speaking with
the department of Law.
Representative Kerttula also referred to the language "in
the vicinity" of a crime. She asked how broad the language
was intended to be. Mr. Guaneli suggested that this
provision must be read in context with other requirements,
such as the officer must suspect that the person has
material evidence that applies to the situation, as well as
having witnessed the situation. He concluded that police
often must make a quick determination of who might be
involved for the sake of public safety. He noted that they
would be unlikely to go far from the scene of the crime, and
contended that the language limited that location.
1:05:03 PM
Senator Bunde noted that a similar discussion had occurred
in the House Judiciary Committee, and a suggestion had been
made to change the language to "immediate vicinity". He
pointed out however, as in the earlier example he gave, the
information had been obtained in an area removed from the
crime scene. He noted that this should be left to the
discretion of the police officer.
1:06:09 PM
Representative Stoltze referred to section 2, pertaining to
the protection of potential crime victims, and asked if a
person that might have been involved in a group, such as a
gang, might by extension become a victim in a gang activity.
He asked if a witness in a gang activity might be protected
under the bill.
1:07:25 PM
Senator Bunde confirmed that by requiring identification, a
person may appear to have been required to cooperate with
police, which may protect them from ramifications.
1:07:57 PM
Representative Stoltze asked for clarification on temporary
detention for the protection of a witness. Mr. Guaneli noted
that there is a general a definition of victim of a crime in
Title 12. the officer did not have to know that a person was
a victim, for this statute to apply, but only have
reasonable suspicion. He gave an example of report of a
beating, not witnessed by police, and a subsequent belief
that a woman and man driving away might be involved in this
incident. He added that the statute proposed a scheme in
which police officers could then request identification.
1:10:31 PM
Representative Holm asked if there was a difference provided
between adults and juveniles. Senator Bunde did not recall
the difference in how this identification would be obtained.
1:11:17 PM
Representative Foster MOVED to REPORT HCS CSSB 206 (JUD)
out of Committee with attached fiscal notes and individual
recommendations. There being NO OBJECTIONS, it was so
ordered.
HCS CSSB 206 (FIN) was REPORTED OUT of Committee with three
Previously Published Zero Fiscal Notes: #5 (ADM); #6 (COR);
#7 (LAW); #8 (ADM) and a Do Pass Recommendation.
HOUSE BILL NO. 316
An Act extending the termination date for the Board of
Governors of the Alaska Bar Association; and providing
for an effective date.
Representative Stoltze, Sponsor, testified in support of the
bill. He explained that the legislation would extend the
termination date for the Board of Governors of the Alaska
Bar Association. He observed that the previous committee
decided to extend the Board for one year in order to allow
review of issues brought forth by a recent audit.
1:13:41 PM
There are no special provisions, simply a time extension to
a previous sunset.
MOVED to ADOPT the New Zero Fiscal Note, 5/6/06, Education
and Early Development.
Representative Kerttula asked if the Board spoke to a one
year extend. Representative Stoltze responded that the Board
would like eight years. He agreed with the Chairman of
Judiciary that it would be best to address issues in a joint
session of both bodies.
TERESA OBERMEYER, ANCHORAGE, testified via teleconference in
support of the legislation. She stressed personal issues
with the Board.
1:18:47 PM
Ms. Obermeyer attempted to navigate through charges toward
her. She urged that the legislation be reconsidered. She
commended legislators who have showed leadership and
communication with the legislature. She pledged to do the
work that needs to be done for the State of Alaska. The
Alaska Bar Association has over 20% licensed attorneys in
the State. She stated that she supports the bill.
1:21:48 PM
Representative Hawker commented on the zero fiscal note and
observed that the Board of Governors of the Alaska Bar
Association considers itself exempt from the appropriation
powers of the legislature and pointed out that these types
of fiscal notes are generally receipt supported services.
Representative Stoltze acknowledged that the fiscal note was
one of the issues of concern.
Representative Foster MOVED to REPORT CSHB 316 (JUD) out of
Committee with attached fiscal note and individual
recommendations. There being NO OBJECTIONS, it was so
ordered.
CSHB316 (JUD) was REPORTED OUT of Committee with one
previously published zero fiscal note (JUD) and individual
recommendations.
1:24:18 PM
CS FOR SENATE BILL NO. 231(FIN) am
An Act making appropriations, including capital
appropriations, supplemental appropriations,
reappropriations, and appropriations to capitalize
funds; making appropriations under art. IX, sec. 17(c),
Constitution of the State of Alaska, from the
constitutional budget reserve fund; and providing for
an effective date.
1:25:11 PM
Representative Stoltze MOVED to ADOPT work draft #24-
GS2034\X, Kane, 5/7/06, as the version before the Committee.
There being NO OBJECTION, it was so ordered.
PETE ECKLUND, STAFF, REPRESENTATIVE KEVIN MEYER, highlighted
items in the committee substitute. The Senate added language
to incorporate $182 million for Power Cost Equalization; the
House CS appropriates $73 million for the top three schools
on the construction list in FY 07; another $90 million would
be appropriated in FY 08 for schools number four through
eight. Passage of HB 13 would add funding for urban schools.
There is approximately $66.6 million for municipal energy
assistance, which would be spread based on population. There
is a $40 thousand minimum payment to each municipality.
There are payments for the increased costs of Public
Employees Retirement System / Teachers Retirement System
(PERS/TRS) of $8.8 million; payments would be deducted from
a community would expect under energy assistance and
deposited into their retirement accounts. There are also
appropriations for $170 million of tobacco bond projects (HB
381). The total capital budget is $2.3 billion
1:28:16 PM
Co-Chair Meyer pointed out the top three schools on the
priority list were in Representatives Moses', Krasner's, and
Joule's districts. Schools in Representatives Foster's and
Salmon's district would be picked up in the next year
1:29:38 PM
Co-Chair Meyer encouraged member's to read the language
section of the budget. Mr. Ecklund added that staff should
look for technical corrections.
1:30:27 PM
ART WEEKS, TESTIFIED VIA TELECONFERENCE, ANCHORAGE
LIBRARIES, ANCHORAGE, spoke in support for greater funding
for the Anchorage libraries. He provided examples of
efficiencies and needs. He observed that Girdwood project
has received strong community support; it has received, as
much as, 70 percent in local elections. The people of
Girdwood have committed $1 million for the project. Another
$1.5 million is being requested in the current year, which
should be sufficient to fund the project.
1:33:24 PM
Representative Hawker pointed out that the Girdwood portion
was included in the proposed bill.
1:34:00 PM
LYNN MCNAMERA, TESTIFIED VIA TELECONFERENCE, GIRDWOOD
COMMUNITY CENTER, ANCHORAGE, spoke in support of the
Girdwood library project.
1:35:12 PM
RICH POOR, JUNEAU, spoke in support of retaining the $45
million appropriation for Juneau Access. He felt that the
appropriation would not result in more costs to the Alaska
Marine Highway System. He maintained that ferry service was
not cost effective and that its elimination would result in
a savings to the state. He asserted that the Juneau Access
Road would eliminate wait time. The total cost for the State
would be $88 million dollars and includes a state match in
federal dollars. He emphasized that are no replacement costs
for replacement of the existing ferries. He did not believe
the project would result in be at the expense of other
projects. He urged to keep the $45 million dollars in the
bill.
1:39:40 PM
MERRILL SANFORD, JUNEAU, offered to answer questions and
stated support for the Juneau Road Access.
JIM BECKER, JUNEAU, offered to answer questions and stated
support for the Juneau Road Access
RICHARD KNAPP, JUNEAU, offered to answer questions and
stated support for the Juneau Road Access
1:40:48 PM
KEVIN RITCHIE, EXECUTIVE DIRECTOR, ALASKA MUNICIPAL LEAGUE,
testified in support of the committee substitute and
emphasized that it would help communities on a number of
issues.
1:41:39 PM
ORIN SEYBERT, TESTIFIED VIA TELECONFERENCE, ALASKA AVIATION
MUSEUM, ANCHORAGE, asked reconsideration of the original
request for museum support in order to preserve Alaskan
aviation heritage. Co-Chair Meyer pointed out that the
funding had been restored to the $750 thousand dollar level.
1:43:38 PM
Representative Weyhrauch asked about restoration of Governor
Hammond's airplane. Mr. Seybert felt that the cost to
restore the airplane would be more than $235 thousand. He
felt that the airplane belongs in Anchorage.
1:45:06 PM
PAUL FUHS, KUSKOKWIM ASSOCIATION, commented on consideration
of a formation of a borough in the middle Kuskokwim area in
order to support the mine. They need a local government to
form a tax arrangement with the mine proposal. A draft
borough plan and request has been developed. A borough
feasibility study is needed to move forward, at a cost of
$60 thousand. The Association is working closely with the
department.
1:47:55 PM
EMILY FERR, ALASKA TRANSPORTATION PRIORITIES PROJECT,
JUNEAU, testified on the road access. She referred to the
record of decision from the federal Highway Administration.
Based on the current funding proposal, alternative 2b (the
road/shuttle ferry option) would have a net state cost of
$122 million dollars over $35 years; double the cost of the
no action alternative. The higher net cost is due to the
state match required for federal construction funds. The
state of Alaska's decided to use $57 million in state funds
to supplement federal funds, rather than maximum possible
federal assistance; the State's cost would have been $88
million if federal funds were maximized. She asserted that
the State would not be saved by the Juneau Access road. The
move would double the amount required by the State.
1:50:27 PM
TOM BRICE, LABORERS, JUNEAU, spoke in support of the Juneau
Access Road. He maintained the project would be a
significant addition to the State's transportation portfolio
and would help the economy of Southeast Alaska.
1:51:30 PM
Co-Chair Meyer urged consideration of the bill and
amendments submitted by 5 PM.
ADJOURNMENT
The meeting was adjourned at 1:52 P.M.
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