03/08/1993 03:00 PM House HES

  HB 4 - PROTECT ELDERLY AND DISABLED ADULTS                                   
                                                                               
  Number 202                                                                   
                                                                               
  REP. JERRY MACKIE testified as PRIME SPONSOR of HB 4.  He                    
  read a sponsor statement, which is on file in the committee                  
  room.  In summation, he said the bill is a companion bill to                 
  HB 3.  It would place in state law deterrents to attacks on                  
  elderly and disabled adults.  It would establish as an                       
  aggravating factor in sentencing the fact that such attacks                  
  were made on those who more easily victimized by crime and                   
  who were less able to defend themselves.  He said the                        
  state's senior citizen population is growing, with about 200                 
  reported cases of elderly abuse made each year in the state.                 
  He noted that 28 other states have similar laws.                             
                                                                               
  Number 236                                                                   
                                                                               
  REP. MACKIE said that the House Judiciary Committee did a                    
  lot of work on a similar bill in 1992, creating the                          
  aggravating factor rather than establishing a new crime.  He                 
  also noted the penalties for failing to report abuse, which                  
  were included in the bill.                                                   
                                                                               
  (Rep. Olberg departed at 4:07 p.m.)                                          
                                                                               
  REP. BUNDE asked who was the intended target of the bill's                   
  provisions for penalties for those who failed to report                      
  abuse.                                                                       
                                                                               
  Number 272                                                                   
                                                                               
  REP. MACKIE said the bill could apply to anyone who failed                   
  to report such abuse, including a doctor, social worker,                     
  friend or neighbor.  He said his intention was to provide a                  
  deterrent for failure to report known abuse to the                           
  authorities.                                                                 
                                                                               
  REP. BUNDE noted the significant fiscal note from the                        
  Division of Occupational Licensing and the Department of                     
  Corrections, and invited the sponsor's comment.                              
                                                                               
  REP. MACKIE said the Department of Corrections' fiscal note                  
  showed no additional expenditure in FY94, and a $48,800                      
  fiscal note for FY95.  He said the possibility of putting                    
  more people in jail leads to the anticipation of increased                   
  incarceration costs.                                                         
                                                                               
  Number 301                                                                   
                                                                               
  REP. BUNDE said it appeared that the Department of                           
  Corrections anticipated charging more people under the bill                  
  than he did.  He asked why the fiscal note from Occupational                 
  Licensing assumed the need for a new investigator.                           
                                                                               
  REP. MACKIE said it would be up to the Department of                         
  Commerce to answer the question.  He said he did not see why                 
  the bill would require an additional investigator.                           
                                                                               
  Number 324                                                                   
                                                                               
  REP. BUNDE questioned the need for an additional                             
  investigator to deal with professionals who failed to report                 
  elderly abuse.                                                               
                                                                               
  REP. MACKIE said he had experienced problems with fiscal                     
  notes in the past as well.                                                   
                                                                               
  Number 330                                                                   
                                                                               
  REP. G. DAVIS said it appeared to him that the fiscal note                   
  referred to HB 3 and the need to investigate abuse by                        
  licensed home care providers.                                                
                                                                               
  Number 337                                                                   
                                                                               
  CHAIR TOOHEY agreed, but said she had a problem with the                     
  fiscal note as well.  She asked what would happen to money                   
  in the Department of Commerce fiscal note if it was not                      
  spent it for the purpose indicated.                                          
                                                                               
  REP. MACKIE said the fiscal note was an estimate of the cost                 
  to fulfill the directives of the bill, not an appropriation.                 
                                                                               
                                                                               
  Number 355                                                                   
                                                                               
  ELMER LINDSTROM, SPECIAL ASSISTANT TO THE COMMISSIONER                       
  DEPARTMENT OF HEALTH AND SOCIAL SERVICES, said that one of                   
  the last actions at the end of the 1993 legislative session,                 
  as at the end of previous sessions, would likely be that the                 
  Finance Committee would tally all the fiscal impacts for                     
  FY94 for all bills likely to pass at the end of that                         
  session.  Each of the amounts listed in each fiscal note                     
  would likely then be incorporated into the appropriations                    
  bill, he said.  In subsequent years, those amounts would                     
  likely be included in each department's appropriations, and                  
  it would be difficult to differentiate as to what bills each                 
  appropriation was funding.                                                   
                                                                               
  REP. G. DAVIS moved passage of HB 4 with individual                          
  recommendations.                                                             
                                                                               
  CHAIR TOOHEY, hearing no objections, declared HB 4 passed                    
  with individual recommendations.  There being no further                     
  business before the committee, she ADJOURNED the meeting at                  
  4:16 p.m.