Legislature(1999 - 2000)
03/16/1999 03:05 PM House HES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 37 - SMOKING CESSATION AND EDUCATION PROGRAMS CO-CHAIRMAN DYSON announced the first order of business as House Bill No. 37, "An Act relating to smoking education and cessation programs administered by the Department of Health and Social Services." Number 0246 CO-CHAIRMAN DYSON said they need to rescind their action of passing out CSHB 37(HES), bring it back to the table and make some changes. He said the chair will entertain a motion to rescind their actions in passing out of committee CSHB 37(HES), Version D on March 11, 1999. He asked if there was any objection. Hearing no objection, he announced that the action was rescinded. Number 0304 REPRESENTATIVE BRICE made a motion to adopt the proposed committee substitute for HB 37, version 1-LS0247\G, as a work draft. There being no objection, Version G was before the committee. REPRESENTATIVE NORMAN ROKEBERG, Alaska State Legislature, sponsor, said the drafter felt he could add to the bill with more economic language. He introduced his aide Tracey Zahradka who explained the changes. TRACEY ZAHRADKA, Legislative Administrative Assistant for Representative Norman Rokeberg, said there were three substantive changes to CSHB 37, version D. The first change is on page 2, line 10, where the words "after notice and an opportunity for hearing" were added. The bill would raise constitutional due process problems without this. The second change omits Amendment 4 which was the amendment to Section AS 43.70.075 License endorsement. In his memo the bill drafter says this provision already applies to individuals who are not licensed, and he didn't feel it was necessary or possible to amend the provision in that manner. The third change is on page 3, line 1, where the word "nonprofit" was deleted to simplify the wording in Amendment 5. Number 0539 REPRESENTATIVE BRICE asked Representative Rokeberg if the word "nonprofit" is removed, is it the intention to have for-profit organizations. REPRESENTATIVE ROKEBERG answered that it allows the department to make either contractual or grant arrangements with nonprofit and/or for-profit for organizations. It gives the department flexibility. REPRESENTATIVE GREEN wondered why a contract would be granted to a profit making organization. Number 0600 REPRESENTATIVE ROKEBERG answered that a health care provider would be an example of that; the business organizations of some health care providers or types of organizations might not necessarily be nonprofit, for example Native corporations. REPRESENTATIVE GREEN has some concerns about this but won't hold up the bill. REPRESENTATIVE ROKEBERG said the omission of the specific category broadens the category. The intent of the sentence is to "out source" this funding rather than keep it within the governmental hierarchy and expand bureaucracy. Number 0738 REPRESENTATIVE WHITAKER asked for clarification on what "the grant is payment for services provided." REPRESENTATIVE ROKEBERG said it could be either grant or contract. CO-CHAIRMAN COGHILL asked if it limits only programs listed (A) through (E). REPRESENTATIVE ROKEBERG said that was correct. He gave an example of awarding 500 nicotine patch kits to the Alaska Regional Hospital, which is a for-profit organization, if they had the means to distribute them. CO-CHAIRMAN DYSON added the possibility of a for-profit public relations firm or commercial television doing some anti-tobacco marketing. Number 0866 REPRESENTATIVE BRICE referred to page 3, (E) enforcement components and asked what kind of private entities will have enforcement components. REPRESENTATIVE ROKEBERG said the enforcement would mainly be done between the department and law enforcement agencies. REPRESENTATIVE BRICE said it seems like any organization that responds to the department's request for proposal (RFP) will have to have five elements to that proposal, (A) through (E) because it says "the program must include the following five components" and wondered if that is the intention. Number 0981 REPRESENTATIVE ROKEBERG said that wasn't his intention. He thinks the drafting is clear enough to say that the program belongs in the department, and the elements that could be contracted or granted out could include portions of the program. CO-CHAIRMAN DYSON asked if it would be Representative Rokeberg's intention on page 3, line 1 should read "with organizations in the state; the program 'could' include." REPRESENTATIVE ROKEBERG referred back to page 2, lines 31 and 32, "the department shall conduct the program" and said that is what is being talked about. CO-CHAIRMAN COGHILL asked for clarification on the language "must include." Number 1107 REPRESENTATIVE ROKEBERG said if the committee wishes to make an amendment for clarification purposes, it would not be at that spot. That part includes the description of what needs to be included in the program. If there are any modifying words they would be on line 31. It is important that the bill maintain the program language to maintain a comprehensive program which will not allow the department to piecemeal it. REPRESENTATIVE BRICE agreed that they want the whole program to have these elements, but they want to ensure that the department has the flexibility to contract out each one of the elements. CO-CHAIRMAN DYSON said it would have been clearer to him if on page 3, line 1, it read: "...with organizations in the state. The program must include:" With the semi-colon there it seems like the contracting or granting out must include all five elements as opposed to the program. REPRESENTATIVE ROKEBERG suggested that they make a conceptual amendment. Number 1265 REPRESENTATIVE BRICE made a motion for a conceptual amendment to make it clear that what the department may do is contract or grant out the elements of the program to various organizations, so it is very clear that one organization is not responsible for all five components. Number 1301 CO-CHAIRMAN DYSON asked whether there was any objection. There being none, the amendment was adopted. Number 1320 REPRESENTATIVE BRICE made a motion to move CSHB 37, version G, as amended conceptually with individual recommendations with attached fiscal note. There being no objection, CSHB 37(HES) moved from the House Health, Education and Social Services Committee.
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