Legislature(2009 - 2010)CAPITOL 106
03/24/2009 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB73 | |
| HB123|| SB35 | |
| HB193 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 73 | TELECONFERENCED | |
| *+ | HB 123 | TELECONFERENCED | |
| *+ | HB 193 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 123-EXTEND SUICIDE PREVENTION COUNCIL [Contains discussion of SB 35] 8:43:26 AM CHAIR LYNN announced that the next order of business was HOUSE BILL NO. 123, "An Act extending the termination date of the Statewide Suicide Prevention Council; and providing for an effective date." 8:43:41 AM CRYSTAL KOENEMAN, Staff, Representative Anna Fairclough, Alaska State Legislature, presented HB 123 on behalf of Representative Fairclough, prime sponsor. She said the proposed bill asks for an extension of the sunset date from June 30, 2009, to June 30, 2013. In response to Chair Lynn, she offered her understanding that the time frame prior to the 2009 sunset date was four years. 8:44:49 AM REPRESENTATIVE SEATON asked if a Legislative Budget and Audit [sunset review] was conducted. MS. KOENEMAN said she does not know, but could find out. 8:45:38 AM PAT DAVIDSON, Legislative Auditor, Legislative Audit Division, Alaska State Legislature, confirmed that the division did conduct a sunset review on the [Statewide Suicide Prevention Council]. As a result of the review, she reported, the division recommends the four-year extension. Statute allows for up to an eight-year extension. She said the [council] is having difficulty appointing people. She related that after its prior review, the division made a recommendation to the governor's office that "they be more timely with their appointments." This year, Ms. Davidson reported, the division encountered the same problems, and is concerned that the qualifications for appointment to the council are too narrow. Thus, the division recommends that the legislature consider broadening the membership requirements for the council. She explained that when the restrictions about who exactly should be on the council get too narrow, the pool of people who are willing to serve is reduced. MS. DAVIDSON said the division also recommends that the four members of the legislature who are appointed to the council be nonvoting members. She explained the intent is not to take their voice away, but "they're having difficulty meeting their quorum." She stated, "Basically, we look at it and they're running about 51-53 percent attendance at the meeting for this 15-person board, and it's difficult to get your business done when you are fighting that quorum issue." MS. DAVIDSON, in response to Chair Lynn, offered her understanding that the council meets a couple times a year. She continued: The statutes surrounding this [council] talk about it as an advisory council to the governor and to the legislature, and it provides a list of areas that ... they should be aware of. And what we found is that the council's actually active in some of those areas. Rather than making a recommendation to the governor [and] the legislature that something be done, the council's actually doing some of those things, which is ... why we recommended extension for the council. 8:48:47 AM MS. DAVIDSON, in response to Chair Lynn, said she does not know where the board typically meets. 8:49:01 AM MS. DAVIDSON, in response to a question from Representative Petersen, confirmed that the audit found that overall appointment and attendance at meetings was running around 54 percent. As of September 30, [2008], there were three vacancies in the 15-member council, and the vacancies had existed for quite awhile. She recommended ways in which the qualifications could be broadened. For example, instead of requiring a secondary school counselor, the requirement could be simply for a counselor, or, if the important feature is secondary school, then perhaps the qualification could include a teacher, as well as a counselor. By broadening the membership, Ms. Davidson reiterated, the result would be a better pool of people. REPRESENTATIVE PETERSEN proffered another option would be to allow a retired student counselor. CHAIR LYNN asked if anything is being done to "broaden that out." MS. DAVIDSON noted that the requirements are in statute, thus the legislature would have to make those changes. 8:51:08 AM REPRESENTATIVE SEATON said he thinks that along with the issue of the sunset date, the sponsor would probably be "looking at that in conjunction with the committee." 8:51:56 AM MS. KOENEMAN relayed that the sponsor had originally introduced HB 123 as a companion bill to SB 35, which is sponsored by Senator Davis. She said those involved in crafting SB 35 are considering the optimum composition of the council. She said the sponsor of HB 123 would be willing to consider improving the composition of the council, but would not want to risk a delay that would cause the expiration of the council. 8:53:10 AM MS. KOENEMAN, in response to Representative Gruenberg, offered her understanding that SB 35 is currently sitting in the Senate Finance Committee. REPRESENTATIVE GRUENBERG asked Ms. Koeneman if she thinks it would be efficient to "put something in so we can start moving something over here, with the expectation they'll meet up." MS. KOENEMAN responded that she does not know whether that would help, and she reiterated that the sponsor's main concern is that the council does not sunset. CHAIR LYNN said he thinks the committee should limit the focus of HB 123 on the termination date, and independently check on [SB 35] to "see what's happening." REPRESENTATIVE SEATON said statute requires the audit of agencies before their sunset date, so that the legislature can review the audits to discover recommended improvements. If the improvements are not made at that time, he said, there will not be a chance to consider them again until just before the next sunset date. Therefore, if there are provisions in SB 35 which incorporate the Legislative Budget and Audit recommendations, the House should mirror those provisions in its own bill, he opined. 8:55:30 AM CHAIR LYNN remarked that Representative Seaton's point is well made. He said he is wondering whether the committee ought to hold HB 123 until it finds out [what the Senate is doing with SB 35]. REPRESENTATIVE SEATON clarified his concern is that if the House were to send legislation over to the Senate that is totally different from SB 35, that would result in time-consuming conflict. He suggested that incorporating the changes recommended in the audit would speed up the process. 8:56:34 AM MS. KOENEMAN, in response to Chair Lynn, reiterated that although the sponsor would be willing to incorporate the audit recommendations, her greatest concern is to see that the council is not allowed to sunset. She noted that April 16 is the last day to hear bills. In response to Chair Lynn, she offered her understanding that the recommendations of the audit are incorporated in SB 35. 8:57:24 AM MS. DAVIDSON added her understanding that the Statewide Suicide Prevention Council met in February and passed along recommendations to Senator Davis' office, and those recommendations were incorporated into [SB 35]. 8:57:54 AM REPRESENTATIVE WILSON recommended that the committee create a committee substitute (CS) that mirrors the wording [SB 35], but that it does so as quickly as possible. 8:58:39 AM REPRESENTATIVE SEATON said he thinks the committee needs to obtain a copy of the Legislative Budget and Audit Committee's sunset review audit and consider the recommendations directed toward improving the council. 8:59:28 AM L. DIANE CASTO, Manager, Prevention and Early Intervention Section, Division of Behavioral Health, Department of Health & Social Services, offered a brief history of the Statewide Suicide Prevention Council. She stated that as of July 1, the council has sat within the Division of Behavioral Health. Prior to that, the council sat in the Office of the Commissioner. The commissioner made the decision to move the council into the Division of Behavioral Health to place it closer to where suicide prevention activities are happening at the state level. Ms. Casto noted that she and one other person are currently staff to the council, in addition to their other activities. MS. CASTO said the department supports HB 123. It is well-known that suicide is a huge issue for the state, and the department is working diligently towards a drop in the suicide rate, she reported. There are a number of grant programs being run in communities; the $1.5 Garrett Lee Smith Youth Suicide Prevention Grant - a federal grant - has just been awarded the department. Ms. Casto stated, "We feel that right now things are really starting to pull together, and the council is a huge asset for Alaska, and it provides guidance and direction to the department. 9:01:31 AM MS. CASTO said following the audit, the council held a meeting February 4-5, during which it held a discussion related to the audit and the recommendations therein. She indicated that the council came up with ideas for "tweaking the membership." She offered the following example: "an employee from a secondary school system such as but limited to a teacher, administrator, counselor, nurse, or other school personnel." She said wording very similar to that was incorporated into SB 35. An additional recommended change was to add a public member to the council. MS. CASTO stated support of the current committee substitute for SB 35. Furthermore, she reported that currently all seats on the council are filled at this time. She stated, "It's the first time in a long time that we've had a full council, so we're very excited about that." Ms. Casto relayed that one additional question that came up after recommendations were made for the committee substitute related to adding the public member, which would give the council an even number of members. She said often an odd number of people is desired in order to break ties; however, she told the committee that the council is not contentious and works well together. A second public member could be added to address the issue; however, Ms. Casto said the council felt that within its existing budget it could absorb the cost of one additional member, but not two. Another option would be to follow Robert's Rules of Order and ensure that the chair does not vote "unless there is a tie or to create a tie." 9:04:55 AM CHAIR LYNN asked Ms. Casto what her opinion is regarding the idea to align HB 193 with SB 35. 9:05:11 AM MS. CASTO replied, "We support that." 9:05:23 AM REPRESENTATIVE SEATON noted, "One of the other issues that was brought up was ... having the legislative members be non- voting." He asked if the council considered that matter. MS. CASTO replied that the council did consider that matter, and it would like to continue to have four legislative members on the council, but in more of an advisory role. She explained that it is difficult for legislators to come to a two-day meeting; their attendance has been "spotty," she noted. Regarding the prior question regarding how often and where the council meets, Ms. Casto relayed that the council meets quarterly - once in Juneau during the session, once in Anchorage, and twice in outlying areas. CHAIR LYNN questioned the potential for conflict of interest when a legislative member of the council hears the same issue before the legislature. MS. CASTO said she is not sure there would be a conflict, but it would depend upon the issue. She said, "We feel that being in an advisory role gives us that advantage of having ... legislators participate and be active in the conversation in helping make decisions ...." 9:07:40 AM MS. CASTO, in response to a question from Representative Gruenberg, said all council members knew about today's hearing, but she does not think any of them are here. REPRESENTATIVE GRUENBERG expressed his hope that the next time the issue is revisited, the chair of the council could [be present]. MS. CASTO, in response to a question from Representative Gruenberg, said the Statewide Suicide Prevention Council is not one that is required to get federal funds. REPRESENTATIVE GRUENBERG asked if the council, in its deliberations, took up any other legislative reform or amendments, or any other issues. MS. CASTO explained that when the council was moved into the Division of Behavioral Health, there was no opportunity to hire a new coordinator, because decisions needed to be made about funding. When the position was in the Office of the Commissioner, one person served multiple jobs and "did a job share with a number of different councils." Ms. Casto indicated that the idea is to ensure that the council has the opportunity to determine who its staff is. REPRESENTATIVE GRUENBERG asked, "Has that problem been cured?" MS. CASTO answered yes. REPRESENTATIVE GRUENBERG said, "Okay, so, there's nothing else other than the make-up of the council." MS. CASTO confirmed that is correct. 9:10:42 AM REPRESENTATIVE GRUENBERG said having served on a similar body many years ago, he is interested to see how this works and what the legislature should be doing. He said he is glad the [council] will be addressing this issue, and he said he would welcome any further advice from the council itself. CHAIR LYNN asked Ms. Koeneman if she would "assist in putting this together." He stated his intent not only to not let the council expire, but also to do everything possible "in getting it in one package." 9:11:44 AM REPRESENTATIVE SEATON requested that copies of the Legislative Budget & Audit sunset review and the department's recommendations be distributed. 9:12:01 AM CHAIR LYNN said he would hold public testimony open. [HB 123 was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01 3-12-09 Blank CS for HB 73 Version E.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 73 |
| 01 HB0123A.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 123 |
| 02 3-20-09 CS HB 73 Sponsor Statement Version E Fire.doc |
HSTA 3/24/2009 8:00:00 AM |
HB 73 |
| 03 Fiscal for Firefighter CSHB073-DOA-DMV-03-16-09.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 73 |
| 04 HB 73 Firefighter EMS Support Letter-emails.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 73 |
| 02 HB 123 Sponsor Statement.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 123 |
| 03 HB123-DHSS-BHA-03-23-09.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 123 |
| 04 HB123-DHSS-SSPC-03-23-09.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 123 |
| 05 HB 123 Statewide Suicide Prevention Council.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 123 |
| 01 HB0193A.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 193 |
| 02 HB 193 Bill Packet.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 193 |
| 03 HB93-LEG-ETH-03-23-09.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 93 |
| 05 Add'l support HB 73.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 73 |
| 06 Support Letter AARP HB 123.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 123 |
| 06 Add'l support HB 73.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 73 |
| CS for HB 73 STA Version S.pdf |
HSTA 3/24/2009 8:00:00 AM |
HB 73 |