Legislature(2017 - 2018)CAPITOL 106

03/08/2018 03:00 PM HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 358 INSURANCE COVERAGE FOR TELEHEALTH TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB 351 JUVENILES: JUSTICE,FACILITES,TREATMENT TELECONFERENCED
Moved CSHB 351(HSS) Out of Committee
-- Public Testimony --
*+ HB 193 HEALTH CARE; BALANCE BILLING TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB 336 SUPPORTIVE DECISION-MAKING AGREEMENTS TELECONFERENCED
Moved CSHB 336(HSS) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 351-JUVENILES: JUSTICE,FACILITES,TREATMENT                                                                      
                                                                                                                                
3:36:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR announced  that the  next order  of business                                                               
would  be  HOUSE BILL  NO.  351,  "An  Act  relating to  care  of                                                               
juveniles  and to  juvenile justice;  relating  to employment  of                                                               
juvenile  probation  officers by  the  Department  of Health  and                                                               
Social  Services; relating  to terms  used  in juvenile  justice;                                                               
relating  to  mandatory  reporters  of child  abuse  or  neglect;                                                               
relating   to  adjudication   of   minor   delinquency  and   the                                                               
deoxyribonucleic   acid   identification   registration   system;                                                               
relating  to sexual  assault  in the  third  degree; relating  to                                                               
sexual assault in the fourth  degree; repealing a requirement for                                                               
administrative revocation of a  minor's driver's license, permit,                                                               
privilege  to  drive,  or  privilege  to  obtain  a  license  for                                                               
consumption or possession of alcohol  or drugs; and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
3:37:39 PM                                                                                                                    
                                                                                                                                
MATT  DAVIDSON,  Social  Services Program  Officer,  Division  of                                                               
Juvenile  Justice,  Department  of Health  and  Social  Services,                                                               
stated that  the proposed bill was  an update for the  terms used                                                               
in the  juvenile justice statute  to describe the  facilities and                                                               
staff.    Most   of  the  bill  applied   to  conforming  changes                                                               
throughout the statutes,  and not for actual  changes to meaning,                                                               
or changes  to the powers or  duties of the Division  of Justice.                                                               
He  listed some  of the  outdated  terms used  in statute,  which                                                               
included  juvenile work  camps and  detention homes,  noting that                                                               
these  were  being updated  with  modern  terms to  describe  the                                                               
facilities.     He  stated  that  the   definition  for  juvenile                                                               
probation  officer was  being  updated, as  well  as providing  a                                                               
delineation  between adult  and  juvenile  probation officers  in                                                               
statute.   He pointed out  that the proposed bill  added juvenile                                                               
justice staff  and probation officers  as mandatory  reporters of                                                               
child  abuse and  neglect  in  AS 47.17.    He  stated that  this                                                               
reflected a role of the staff  in working with kids, as they were                                                               
often disclosing this  type of activity, which  would be reported                                                               
to the Office of Children's Services.                                                                                           
                                                                                                                                
REPRESENTATIVE TARR  clarified that  this was current  policy and                                                               
was now being written into statute.                                                                                             
                                                                                                                                
3:39:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   TARR   opened   public   testimony   and   after                                                               
ascertaining no  one wished to  testify, closed  public testimony                                                               
on HB 351.                                                                                                                      
                                                                                                                                
3:40:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR moved to adopt  proposed Amendment 1, labeled                                                               
30-LS0416\R.1, Glover, 2/28/18, which read:                                                                                     
                                                                                                                                
     Page 13, lines 6 - 7:                                                                                                      
         Delete "the minor is not in sight or sound of                                                                        
     adult prisoners, and"                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN objected for discussion.                                                                                  
                                                                                                                                
REPRESENTATIVE   TARR  explained   that   proposed  Amendment   1                                                               
addressed page  13, lines 6  - 7, of  the proposed bill  in which                                                               
youth could be detained in a  temporary secure holding area.  She                                                               
stated that  removal of  this language  could be  problematic for                                                               
these temporary secure holding areas.                                                                                           
                                                                                                                                
3:41:40 PM                                                                                                                    
                                                                                                                                
MR. DAVIDSON clarified  that this section of the bill  was in the                                                               
delinquency  statute and,  while drafting  it, the  separation of                                                               
sight and sound had been added  to the wrong place.  He explained                                                               
that  currently this  applied  to  youth in  the  custody of  the                                                               
Department of Corrections,  as explained in lines 18 and  21.  He                                                               
stated that the intent of the  bill was not for the Department of                                                               
Corrections  to  have  sight  and   sound  separation  for  those                                                               
individuals and that it was not required by law.                                                                                
                                                                                                                                
3:42:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN removed  his  objection.   There being  no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
3:42:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN moved to adopt proposed Amendment 2,                                                                     
labeled 30-LS-0416\R.2, Laffen, 3/8/18, which read:                                                                             
                                                                                                                                
     Page 18, line 21, through page 19, line 13:                                                                                
          Delete all material and insert:                                                                                       
        "* Sec. 38. AS 47.17.020(a) is amended to read:                                                                     
          (a)  The following persons who, in the                                                                                
     performance of their occupational  duties  or [,] their                                                                
     appointed  duties under  (8)  of  this subsection,  [OR                                                                    
     THEIR VOLUNTEER  DUTIES UNDER (9) OF  THIS SUBSECTION,]                                                                    
     have  reasonable  cause to  suspect  that  a child  has                                                                    
     suffered harm  as a  result of  child abuse  or neglect                                                                    
     shall  immediately  report  the  harm  to  the  nearest                                                                    
     office of the department:                                                                                                  
               (1)  practitioners of the healing arts;                                                                          
               (2)        school   teachers    and    school                                                                    
     administrative   staff   members,  including   athletic                                                                    
     coaches, of public and private schools;                                                                                    
               (3)    peace  officers and  officers  of  the                                                                    
     Department of Corrections;                                                                                                 
               (4)         administrative     officers    of                                                                    
     institutions;                                                                                                              
               (5)  child care providers;                                                                                       
               (6)  paid employees  of domestic violence and                                                                    
     sexual  assault programs,  and crisis  intervention and                                                                    
     prevention programs as defined in AS 18.66.990;                                                                            
               (7)   paid employees of an  organization that                                                                    
     provides   counseling  or   treatment  to   individuals                                                                    
     seeking to control their use of drugs or alcohol;                                                                          
               (8)  members of  a child fatality review team                                                                    
     established under  AS 12.65.015(e) or 12.65.120  or the                                                                    
     multidisciplinary child  protection team  created under                                                                    
     AS 47.14.300;                                                                                                              
               (9)   juvenile  probation officers,  juvenile                                                                
     probation   office  staff,   and   staff  of   juvenile                                                                
     detention    facilities    and    juvenile    treatment                                                                
     facilities, as those terms  are defined in AS 47.12.990                                                                
     [VOLUNTEERS WHO  INTERACT WITH CHILDREN IN  A PUBLIC OR                                                                    
     PRIVATE SCHOOL FOR MORE THAN FOUR HOURS A WEEK]."                                                                          
                                                                                                                                
     Page 19, following line 13:                                                                                                
     Insert a new bill section to read:                                                                                         
        "* Sec. 39. AS 47.17.022(e) is amended to read:                                                                     
          (e)  Each school district that provides training                                                                      
     under this  section shall provide notice  to public and                                                                    
     private schools  located in the school  district of the                                                                    
     availability  of the  training  [AND INVITE  VOLUNTEERS                                                                    
         WHO ARE REQUIRED TO REPORT ABUSE OR NEGLECT OF                                                                         
       CHILDREN UNDER AS 47.17.020 TO PARTICIPATE IN THE                                                                        
     TRAINING AT NO COST TO THE VOLUNTEER]."                                                                                    
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 19, line 15:                                                                                                          
          Delete "and 47.14.990(9)"                                                                                             
          Insert ", 47.14.990(9); and AS 47.17.020(j)"                                                                          
                                                                                                                                
     Page 19, line 31:                                                                                                          
          Delete "Section 41"                                                                                                   
          Insert "Section 42"                                                                                                   
                                                                                                                                
REPRESENTATIVE TARR objected.                                                                                                   
                                                                                                                                
REPRESENTATIVE EASTMAN explained that  proposed Amendment 2 would                                                               
protect the  treatment of  volunteers and  recognize them  as not                                                               
paid and  not receiving  direct benefits for  their service.   He                                                               
stated  that the  current proposal  would  allow that  volunteers                                                               
were  criminally liable  for not  reporting  under the  mandatory                                                               
reporter requirement.  He said  that the proposed amendment would                                                               
not limit  a volunteer's  ability to  make a  report.   He stated                                                               
that  making  a  volunteer  criminally   liable  just  for  their                                                               
volunteer work would result in fewer volunteers.                                                                                
                                                                                                                                
3:44:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  shared a provision  from House Bill  44 that                                                               
had been  added to  statute in  2015.  She  noted that  there had                                                               
been  a  lot of  discussion  for  this  provision, and  that  the                                                               
provision  had  been  added because  of  some  very  high-profile                                                               
incidences  for individuals  abusing children.   She  stated that                                                               
this  was an  attempt  to create  a better  system,  and it  only                                                               
applied to  those who volunteered  for more than four  hours each                                                               
week.   She pointed out that  it was important for  these longer-                                                               
term volunteers to have the  training as their behavior and their                                                               
recognition  of other  behavior would  be enhanced.   She  shared                                                               
that,  although she  frequently received  communication regarding                                                               
this bill, she  had not heard of any issues  with this provision.                                                               
She  declared  that  she  was  not  supportive  of  the  proposed                                                               
amendment.   She pointed out  that the proposed bill  was focused                                                               
on  updates to  the Division  of Juvenile  Justice statutes,  and                                                               
that the mandatory reporter provisions  were specific to juvenile                                                               
probation.                                                                                                                      
                                                                                                                                
3:47:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SULLIVAN-LEONARD  asked whether  volunteers  were                                                               
already covered for liability.                                                                                                  
                                                                                                                                
MR.  DAVIDSON explained  that the  volunteers  referenced in  the                                                               
proposed  amendment   were  not  specific  to   Juvenile  Justice                                                               
volunteers.   He  noted  that the  proposed  bill added  juvenile                                                               
justice officers  and juvenile probation  staff to  the mandatory                                                               
reporting requirement.  He deferred  to Representative Tarr for a                                                               
better  understanding  of the  mandatory  reporter  statute.   He                                                               
pointed out  that the Office of  Children's Services administered                                                               
the mandatory reporter training.                                                                                                
                                                                                                                                
REPRESENTATIVE  SULLIVAN-LEONARD  stated her  understanding  that                                                               
there  was liability  coverage  for volunteers  and  asked for  a                                                               
comparison of  the description beginning  on page 18, line  22 of                                                               
the proposed bill with the proposed Amendment 2.                                                                                
                                                                                                                                
MR.  DAVIDSON  said  that  he was  not  familiar  with  liability                                                               
coverage for volunteers.                                                                                                        
                                                                                                                                
3:49:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  opined that volunteers were  covered through                                                               
the school district and elsewhere.                                                                                              
                                                                                                                                
3:50:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN reported that,  as a mandatory reporter in                                                               
his  role as  a  firefighter for  the Matanuska-Susitna  Borough,                                                               
they regularly received  this training.  He  stated that proposed                                                               
Amendment  2   recognized  that  volunteers  should   be  treated                                                               
separately than those who were paid.   He offered his belief that                                                               
"telling someone who's  abusing a child that they  need to report                                                               
the abuse of  that child is not  going to have much  of an effect                                                               
on stopping  that abuse.   I think  if someone  already violating                                                               
the law ...  probably isn't going to change much."   He said that                                                               
it  would impact  those who  were recruiting  volunteers to  work                                                               
with  children, as  many volunteers  would  not sign  up under  a                                                               
condition of liability.  He  pointed out that liability insurance                                                               
would  protect against  a civil  suit, but  proposed Amendment  2                                                               
would protect  against criminal sanctions.   He stated  that this                                                               
amendment was  not limiting the  ability to report  anything that                                                               
was of concern or limiting the training offered.                                                                                
                                                                                                                                
3:52:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR maintained her objection.                                                                                   
                                                                                                                                
3:52:29 PM                                                                                                                    
                                                                                                                                
A  roll  call  vote  was  taken.    Representative  Eastman  (via                                                               
teleconference)  voted   in  favor   of  proposed   Amendment  2.                                                               
Representatives   Sullivan-Leonard,  Claman   (alternate),  Kito,                                                               
Edgmon,  Johnston,  and  Tarr  voted   against  it.    Therefore,                                                               
Amendment 2 failed by a vote of 1 yea - 6 nays.                                                                                 
                                                                                                                                
3:53:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON  moved  to  report  HB  351,  Version  30-                                                               
LS0416\R,   as  amended,   out  of   committee  with   individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no objection, CSHB  351(HSS) was moved from the  House Health and                                                               
Social Services Standing Committee.                                                                                             

Document Name Date/Time Subjects
HB 193 Draft Proposed Blank CS ver T 03.08.2018.pdf HHSS 3/8/2018 3:00:00 PM
HHSS 3/29/2018 3:00:00 PM
HB 193
HB 193 Definitions 03.08.2018.pdf HHSS 3/8/2018 3:00:00 PM
HHSS 3/29/2018 3:00:00 PM
HB 193
HB 193 Sectional Analysis 03.08.2018.pdf HHSS 3/8/2018 3:00:00 PM
HHSS 3/29/2018 3:00:00 PM
HB 193
HB 193 Sponsor Statement 03.08.2018.pdf HHSS 3/8/2018 3:00:00 PM
HHSS 3/29/2018 3:00:00 PM
HB 193
HB193 Fiscal Note CED--IO 3.7.2018.pdf HHSS 3/8/2018 3:00:00 PM
HHSS 3/29/2018 3:00:00 PM
HB 193
HB358 Fiscal Note CED--IO 3.7.2018.pdf HHSS 3/8/2018 3:00:00 PM
HB 358
HB358 Sponsor Statement 03.07.18.pdf HHSS 3/8/2018 3:00:00 PM
HB 358
HB358 Sectional Analysis ver J 03.07.18.pdf HHSS 3/8/2018 3:00:00 PM
HHSS 3/29/2018 3:00:00 PM
HB 358
HB351 Additional Document -- DJJ responses to questions.pdf HHSS 3/8/2018 3:00:00 PM
HB 351
HB 351 Draft Proposed Amendment R.1 3.5.2018.pdf HHSS 3/6/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 351
HB351 Sectional Analysis 3.5.2018.pdf HHSS 3/6/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 351
HB351 Fiscal Note DHS--DJJ 3.5.2018.pdf HHSS 3/6/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 351
HB351 Sponsor Statement 3.5.2018.pdf HHSS 3/6/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 351
HB351 Supporting Document -- Letter from DJJ.pdf HHSS 3/6/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 351
HB 336 Fiscal Note DHS--SDS 2.28.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
Draft CS for HB 336 Version J Explanation of Changes.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
Draft CS for House Bill 336 Version J Sectional Analysis.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Additional Documents Rule 402 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Draft CS Version J.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Sponsor Statement 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents - Govs Council on Disabilities 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents - OPA & Guardianship 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents - Paper on Guardianship Concerning NCI Adult Consumer Survey 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents - SDMA Example from Autistic Self Advocary Network 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents - SDMA Example from Texas 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents - SDMA Law from Delaware 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents - SDMA Texas 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents Massachusetts SDMA Example 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents National Core Indicators 2016 Survey 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents SDMA - Agenda for Action 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents SDMA Bill from Rhode Island 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents SMDA Paper by Council on Quality and Leadership 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
HB 336 Letter of Support AARP Alaska.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
HB 336 Letter of Support Delaune.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336