Legislature(2017 - 2018)BUTROVICH 205
03/14/2018 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB138 | |
| SB81 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 138 | TELECONFERENCED | |
| += | SB 81 | TELECONFERENCED | |
SB 81-DHSS CENT. REGISTRY; LICENSE; BACKGROUND CHECK
2:25:26 PM
CHAIR WILSON reconvened the meeting and announced the
consideration of SB 81. He reopened public testimony and noted
that the Department of Health and Social Services (DHSS) has
been working with the Department of Law and the Ombudsman's
Office to produce a committee substitute. He entertained a
motion to adopt the work draft.
2:26:03 PM
SENATOR VON IMHOF moved to adopt the work draft CS for SB 81,
labeled 30-GS1676\D, as the working document.
2:26:15 PM
CHAIR WILSON objected for purposes of discussion.
2:26:27 PM
STACIE KRALY, Chief Assistant Attorney General, Civil Division,
Human Services Section, Department of Law, said SB 81 is a
technical bill to make corrections to the background check
process used by DHSS, as well as to make some small changes to
the licensing statutes found in AS 47.32. The background checks
statute has been on the books for 15 years and needs a few
technical adjustments. She reminded members that in the last
meeting DOL said it would meet with committee staff, staff from
the other body, and the Ombudsman's Office to develop a
committee substitute to address the concerns raised by the
Ombudsman's Office.
2:27:47 PM
MS. KRALY reviewed the following summary of changes in CSSB 81,
version D:
Section 1 contains the amendment requested by the
Department of Public Safety to ensure compliance with
federal laws relating to the sharing of criminal
history information with the Department of Health and
Social Services.
Section 2 contains a technical fix that removes the
word "registry" and instead refers to databases to
avoid the concern raised by the Ombudsman regarding
confusion over the term "registry."
Old Section 7 was deleted as it was determined in
consultation with legislative legal the section was
redundant. It was determined that keeping what is now
section 7 in the CS was sufficient to require relative
placement to have background checks.
Section 10 is re-written to address the concerns
raised by the Ombudsman's office. Specifically, the
rewrite:
• Removes the confusion caused by using the word
"registry." Similar to Sections 2, 8, 18, and 21,
the change redefines registry to "databases";
2:29:28 PM
SENATOR MICCICHE asked if this was an attempt to delete the word
"registry" from the legal definitions because certain groups
have decided they are sensitive to that term. He asked if it is
a registry or a database and if the term "registry" would ever
be used again.
MS. KRALY said registries still exist in state law and this bill
still has a registry. In this context, a registry was not
created. The reason for removing the word "registry" from the
bill is that it indicated that the state was creating a
registry, which is not the case. It was renamed a civil history
database check because it is a more accurate representation of
what is happening.
2:31:12 PM
MS. KRALY continued to review the changes to Section 10.
• Clarifies that the department is looking to
evaluate health, safety, and welfare issues when
reviewing databases related to licensed entities,
not technical violations that may lead to a
nonrenewal, suspension or revocation of a
license;
• Clarifies that the department is looking to
identify persons whose children are subjects of a
child in need of aid petition;
• ?Clarifies that the department is looking to
evaluate health, safety, and welfare issues when
reviewing databases related to licensed providers
(occupational licensing under AS 08), not
unrelated technical violations;
• Adds that a person who works for the state not
just the Department of Health and Social Services
is subject to a barring condition if they are
terminated from employment for a substantiated
allegation of assaultive, neglectful, or
exploitive behavior.
Section 12 is amended as requested by the Ombudsman's
Office to clarify persons who are seeking variances
have access to information they need to pursue a
variance.
Section 14 adds a new section to effectuate the access
of information under AS 47.10 for variance committees.
Section 17 (former Section 16) contains a technical
fix that remove the word "registry" that refer to
databases to avoid confusion as articulated by the
Ombudsman.
Section 19 (former Section 18) removes the qualifier
of "unsupervised" before "volunteer" as to persons who
can be investigated. The Department wants to be able
to investigate any volunteer unsupervised or
otherwise who has engaged in abusive, neglectful, or
exploitative behavior against a child or adult in
care.
Sections 20 is added to this CS to amend AS
47.32.140(d) to remove the word "registry" and instead
refer to databases to avoid the concern raised by the
Ombudsman regarding confusion over the term
"registry."
Section 22 (former Section 20) is amended to add a new
subsection to clarify that information can be shared
with law enforcement if that information is from a
concurrent investigation.
2:34:34 PM
CHAIR WILSON removed his objection. Finding no further
objection, CSSB 81, version D, was adopted.
2:35:17 PM
KATE BURKHART, Ombudsman, Alaska Office of the Ombudsman,
Legislative Agencies and Offices, said the committee substitute
addresses the concerns of the Office of the Ombudsman,
particularly around whether a substantiated report of harm was
sufficient cause for a 10-year barrier. She was duly convinced
of that many people involved in a substantiated claim would not
be part of a Child in Need of Aid action because they are not a
parent. They would want to sweep those up in the background
check program. The committee substitute strengthens the
background check program, which is a critical component to the
child protection system, as well as those professions that serve
vulnerable children and adults.
2:37:07 PM
CHAIR WILSON held SB 81 in committee.