Legislature(1995 - 1996)
04/09/1996 01:45 PM House FIN
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* first hearing in first committee of referral
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HOUSE FINANCE COMMITTEE
APRIL 9, 1996
1:45 P.M.
TAPE HFC 96 - 105, Side 1, #000 - end.
TAPE HFC 96 - 105, Side 2, #000 - end.
TAPE HFC 96 - 106, Side 1, #000 - end.
TAPE HFC 96 - 106, Side 2, #000 - #012.
CALL TO ORDER
Co-Chair Mark Hanley called the House Finance Committee
meeting to order at 1:45 P.M.
PRESENT
Co-Chair Hanley Representative Martin
Co-Chair Foster Representative Mulder
Representative Brown Representative Navarre
Representative Kohring Representative Therriault
Representative Kelly
Representatives Grussendorf and Parnell were not present for
the meeting.
ALSO PRESENT
Representative John Davies; Representative Ivan Ivan;
Eleanor Roser, Staff, Representative Ramona Barnes; Juanita
Hensley, Chief, Driver Services, Division of Motor Vehicles,
Department of Public Safety; Jayne Andreen, Executive
Director, Council on Domestic Violence and Sexual Assault,
Juneau; Dr. Gilbert Sanders, (Testified via teleconference),
Director, Chemical Dependency Unit, Mt. Edgecumbe Hospital,
Sitka; Donald Dapcevich, Executive Director, Governor's
Advisory Board on Alcoholism & Drug Abuse, Office of the
Commissioner, Department of Health and Social Services;
Elmer Lindstrom, Special Assistant, Office of the
Commissioner, Department of Health and Social Services;
Barbara Craver, Assistant City Attorney, City and Borough of
Juneau, Juneau; Shannon O'Fallon, Assistant Attorney
General, Department of Law; Arthur Snowden, Administrative
Director, Alaska Court System; Karen Perdue, Commissioner,
Department of Health and Social Services; John Middaugh,
MD., Chief, Epidemiology Section, Division of Public Health,
Department of Health and Social Services; Gregory Hayes,
PHD., Chief, Laboratories, Division of Public Health,
Department of Health and Social Services; Russ Webb, Health
Programs Manager, Division of Public Health, Department of
Health and Social Services; Tom Lane, Juneau Facilities
Manager, Division of Administrative Services, Department of
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Health and Social Services.
SUMMARY
HB 110 An Act relating to the confidentiality of certain
information in motor vehicle records; and
providing for an effective date.
CS HB 110 (STA) was reported out of Committee with
a "no recommendation" and with a fiscal note by
the Department of Public Safety dated 3/18/96.
HB 493 An Act relating to involuntary commitment for
alcoholism or drug abuse.
CS HB 493 (JUD) was reported out of Committee with
a "no recommendation" and with (2) fiscal notes by
the Department of Administration dated 3/19/96,
the Alaska Court System dated 3/19/96 and the
Department of Health and Social Services dated
3/19/96 and a zero fiscal notes by the Department
of Public Safety dated 3/19/96 and the Department
of Law.
HB 529 An Act giving notice of and approving the entry
into, and the issuance of certificates of
participation in, a lease-purchase agreement for a
centralized public health laboratory.
HB 529 was HELD in Committee for further
consideration.
HB 543 An Act establishing a preference when entering
into state airport land leases.
HB 543 was rescheduled for April 10, 1996 A.M.
meeting.
HCR 26 Relating to creation of the Public Inebriate Task
Force.
HCR 26 was rescheduled for April 10, 1996 A.M.
meeting.
HOUSE BILL 110
"An Act relating to the confidentiality of certain
information in motor vehicle records; and providing for
an effective date."
ELEANOR ROSER, STAFF, REPRESENTATIVE RAMONA BARNES,
testified in support of HB 110. She pointed out that the
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legislation was introduced at the request of two
constituents who had experienced stalking by persons who had
obtained their addresses from the Division of Motor Vehicles
through license plate information. In 1994, confidentiality
of license plate information was included in the President's
Crime Package.
The intent of the federal legislation was to protect the
personal privacy of persons licensed by states to drive a
motor vehicle or persons who register a motor vehicle and
would prohibit disclosure of information on drivers
maintained by the state. That information is only to be
disclosed under permissible uses.
If Alaska is not in compliance with federal law by September
13, 1997, Division of Motor Vehicles (DMV) would be liable
for civil fines in the amount of $2.5 thousand dollars per
day and the State could be subject to fines in the amount of
$5 thousand dollars per day until compliance was reached.
Ms. Roser pointed out that the bill is supported by the
Council on Domestic Violence and Sexual Assault and the
Anchorage Police Department.
Representative Brown asked about federal requirements not
included in the bill. Ms. Roser replied that Alaska does
not license private investigators, consequently, that
section was removed.
JUANITA HENSLEY, CHIEF, DRIVER SERVICES, DIVISION OF MOTOR
VEHICLES, DEPARTMENT OF PUBLIC SAFETY, explained that the
version before the Committee had been prepared by attorney
general offices throughout the nation and the American
Association of Motor Vehicle administrators in order to meet
the standards of compliance with federal law.
In response to Representative Brown, Ms. Hensley informed
members that there are private investigative agencies in
Alaska. Representative Brown asked if those agencies would
have access to information referenced in the bill. Ms.
Hensley stated they would not under the proposed
legislation. Federal law allows licensed private
investigating firms to access that information. She
reiterated that Alaska does not license private
investigators.
Representative Brown asked if the State could legally differ
from federal law regarding that concern. Ms. Hensley stated
the federal law lists regulations that must be included in
order to meet compliance. Almost anyone with a legitimate
business use, could obtain the record, although they would
be restricted as to how they can use it. The federal law is
less restrictive than state law.
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Representative Brown voiced concern with Community Service
Patrols (CSP) having access to the record information. Ms.
Hensley commented that as the information was being used for
a legitimate purpose, they would continue to be eligible to
receive the record. Discussion followed regarding the
security of information being released.
Representative Brown questioned how the relationship with
Mr. Motznik would be affected through passage of the
legislation. Ms. Hensley replied that Mr. Motznik would
receive the entire DMV file, continuing to get the
information but would not be able release that information
without knowing to whom and the purpose of that release.
The list could not be sold for mail distribution.
Representative Brown pointed out that Page 3, Line 6, (9)
indicated that it could be available for distribution. Ms.
Hensley countered that federal law prohibits release for
that purpose. Discussion followed regarding Section (9).
Ms. Hensley noted that at present time, if a person wanted
to receive information on someones address, they could walk
into the Anchorage field office and obtain a copy of the
vehicle certificates. It is not difficult. Representative
Mulder suggested that the legislation would provide an
"additional hurdle" for someone wanting to receive that
information. Ms. Hensley agreed, noting that under the
proposed legislation, an individual would no longer be able
to obtain this information from the DMV office.
Discussion followed among Committee members and Ms. Hensley
regarding Mr. Motznik's access to the files as written in HB
110. Representative Brown reminded members that the
Permanent Fund Dividend list was available to the public
which contains similar information. She strongly
recommended that state government not intervene in state
records management.
Ms. Hensley advised that the Association of Motor Vehicle
Administrators lobbied against the legislation as they
thought it could be a "night mare" to monitor.
Co-Chair Hanley asked the consequences if State law was not
changed. Ms. Hensley replied that when the federal law
takes effect in 1997, the State and the Division would be
subject to fines due to violations. She added that the
proposed legislation would be "minimum compliance" with
federal law.
JAYNE ANDREEN, EXECUTIVE DIRECTOR, COUNCIL ON DOMESTIC
VIOLENCE AND SEXUAL ASSAULT, JUNEAU, testified that the
Council supported the proposed legislation. Accessing DMV
records is one way that batterers track their victims. She
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added, the Council requests that private investigators be
denied access to the records, as they are often hired by
abusers to locate their victims.
Representative Mulder MOVED to report CS HB 110 (STA) out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CS HB 110 (STA) was reported out of Committee with a "no
recommendation" and with a fiscal note by the Department of
Public Safety dated 3/18/96.
HOUSE BILL 493
"An Act relating to involuntary commitment for
alcoholism or drug abuse."
REPRESENTATIVE IVAN IVAN testified in support of HB 493,
noting that he introduced the bill as a solution to assist
with the public inebriate problem faced by many communities
throughout the State.
Under current statute, AS 47.37.190, provisions allow for
the involuntary commitment of alcoholics. Those provisions
allow for 30 day commitments followed by a recommitment
length of 90 days. Current law has been found to be
unwieldy, expensive and treatment options are not readily
available. According to a community survey report by the
City and Borough of Juneau (CBJ), communities use the
commitment policy sparingly, if they use it at all. The
report also emphasized that the current commitment process
is not working.
Representative Ivan continued, under HB 493, the involuntary
commitment process would be similar to those found in the
involuntary mental health commitments. Drug abusers were
not included in the definitions of incapacitation or
intoxication. According to the Division of Alcoholism and
Drug Abuse, many public inebriates are ingesting not only
alcohol but drugs. The bill would change the definition of
intoxicated persons to include drugs which are defined under
the controlled substances statutes in Title 11.
DR. GILBERT SANDERS, (TESTIFIED VIA TELECONFERENCE),
PSYCHOLOGIST, DIRECTOR, CHEMICAL DEPENDENCY UNIT, MT.
EDGECUMBE HOSPITAL, SITKA, voiced concern with the
legislation. Particularly in reference to language proposed
on Page 2, Lines 5 & 6, "physician". He suggested that
psychologists should have the same authority as the
physicians. He requested Committee members make that
change.
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He added, language in the bill references the individuals
"health and safety". He recommended that reference clearly
include the mental health as well as the physical health.
He stressed that the problem of drug abuse is clearly a
mental health disorder.
(Tape Change, HFC 96-105, Side 2).
DONALD DAPCEVICH, EXECUTIVE DIRECTOR, GOVERNOR'S ADVISORY
BOARD ON ALCOHOLISM & DRUG ABUSE, OFFICE OF THE
COMMISSIONER, DEPARTMENT OF HEALTH AND SOCIAL SERVICES,
noted that the Board was an advocate for the individuals who
are subject to the provisions of the legislation and for
services statewide with regard to substance abuse. He
stated that the Board strongly supports the legislation.
The current situation has created an unworkable law placing
pressure on municipalities, courts, police and the medical
facilities around the State. He stressed that current law
is confusing.
Mr. Dapcevich thought that the legislation could provide
better treatment options. He pointed out that the "hope" is
that the legislation could educate communities of the
"clinical" rather than "social" definitions of those subject
to the statute.
Mr. Dapcevich spoke to the civil rights of involuntarily
committing someone against their will. Current statute
allows for involuntary commitment. The changes would create
a longer time span for recommitment when the initial phase
had been completed and more time is considered to be needed.
He referenced the cost/benefit analysis. [Copy on file].
Mr. Dapcevich suggested that a cost savings could exist,
pointing out that marginal costs differ from real costs.
Mr. Dapcevich reiterated that over a long term "real cost
savings" would exist.
Representative Mulder asked Mr. Dapcevich if the definition
on Page 7, Section #14, was adequate. Mr. Dapcevich stated
that it was. Often times people get caught up in the
definition of "intoxification" using is synonymously as it
applies to motor vehicle accidents, whereas, in a law of
involuntary commitment, very different issues are regarded
for incapacitation. The statute as proposed is correct.
Mr. Dapcevich interjected that he disagreed with Dr. Sanders
request to add "mental health" issues to involuntary
commitment. He pointed out that there exists a mental
health commitment law for issues dealing with mental health
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concerns. Mr. Dapcevich added, the fiscal note which had
been submitted was too high. The Board supports reducing
it.
In response to Representative Martin's statement, Mr.
Dapcevich explained that times are changing, people are
realizing that involuntary commitment is not an evil
process. Representative Martin asked if there has been
discussion with the Native people throughout Alaska. Mr.
Dapcevich stated that there has been constructive dialogue
with the Alaska Federation of Natives (AFN).
Representative Martin questioned how the proposed program
would differ from the many alcohol programs that have
preceded it. Mr. Dapcevich replied that for the referenced
population, all treatment programs are effective on some
level. Long term treatment is the only treatment that is
effective for late stage chronic alcoholics or addicts.
Representative Martin pointed out that HB 493 and HCR 26
address the same concern. Representative Brown inquired the
rate of success of late stage alcoholics going through a
treatment program. Mr. Dapcevich advised that the rate of
success is measured in the cost benefit analysis. To
measure long term sobriety, it would be far less effective.
He added that most studies find a 12% - 15% recovery, a
"good" rate of recovery for the late stage alcoholic.
Representative Brown asked why the Board felt that it should
be easier to commit someone with the proposed condition than
the already existing standard used to commit someone with
mental illness. Mr. Dapcevich replied, it was the intent to
make the legislation consistent with the mental health
commitment.
Representative Brown asked if the municipalities would be
involved in providing the treatment facilities. Mr.
Dapcevich responded that all facilities currently used are
joint State and municipality funded. Representative Brown
questioned the fiscal impact to the municipalities. Mr.
Dapcevich suggested that eventually there would be a fiscal
savings to the municipalities.
ELMER LINDSTROM, SPECIAL ASSISTANT, OFFICE OF THE
COMMISSIONER, DEPARTMENT OF HEALTH AND SOCIAL SERVICES
(DHSS), explained the fiscal note for the Department. The
funds associated with the FY98 portion of the request would
cover legal training and treatment programs for the
municipalities. The out-year projections include an
expected need for additional residential treatment beds. No
treatment impact is expected for FY97.
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Representative Kohring asked why Juneau had been chosen as
the pilot city for the program.
BARBARA CRAVER, ASSISTANT CITY ATTORNEY, CITY AND BOROUGH OF
JUNEAU (CBJ), JUNEAU, responded that Juneau was not the
pilot program, but rather, Juneau has been using this system
since the local treatment facility has been in operation.
There will be no changes to the Juneau facility with passage
of the legislation, although, it is anticipated that the
bill would provide clinically based definitions which will
make everything at that operation run more smoothly. Mr.
Lindstrom reiterated, the Juneau facility was not a pilot
program, instead a program that has been using the
recommendations now put forth.
Representative Brown asked the difference in Section #7,
being incapacitated by alcohol and being at risk for serious
illness. Ms. Craver stated that language had been added
because involuntary commitments require serious harm of some
kind. She continued, incapacitation is being redefined in
the definition section, Section #14. CBJ does support the
new definition and standard. Representative Brown asked if
all heavy drinkers would be at risk of fitting into the
category. She suggested that the definition of who was
eligible for involuntary commitment was too broad.
SHANNON O'FALLON, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF
LAW, noted that the legislation was attempting to make the
standard similar to the mental health commitment statute, AS
47.30.700. Under the mental health commitment statute, the
person must be suffering from a mental illness and be of a
danger to themselves and/or others, and/or gravely disabled.
Representative Mulder referenced the Alaska Court System
fiscal note and questioned the long term impact.
(Tape Change, HFC 96-106, Side 1).
ARTHUR SNOWDEN, ADMINISTRATIVE DIRECTOR, ALASKA COURT
SYSTEM, stated that he would check with the administrative
director for the Court System. He explained, when a bill is
initiated under the context of addressing a person
incapacitated due to alcohol or drugs and taken into
possession by a police officer, the Court System assumes
that most of these persons would be indigent. Thus, they
will need an attorney and the Court System will be
responsible for that cost. He remarked that the communities
will stand by the statute. Mr. Snowden thought that the
Court System fiscal note was correct, although volunteered
to further research that information.
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Representative Martin MOVED to report CS HB 493 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS HB 493 (JUD) was reported out of Committee with a "no
recommendation" and with fiscal notes by the Department of
Administration dated 3/19/96, the Alaska Court System dated
3/19/96, the Department of Health and Social Services dated
3/19/96 and a zero fiscal note by the Department of Public
Safety dated 3/19/96.
HOUSE BILL 529
"An Act giving notice of and approving the entry into,
and the issuance of certificates of participation in, a
lease-purchase agreement for a centralized public
health laboratory."
KAREN PERDUE, COMMISSIONER, DEPARTMENT OF HEALTH AND SOCIAL
SERVICES, spoke in support of HB 529. The public health
laboratories are an essential component of the public health
system in each state and in the national public health
system. Alaska must have sufficient public health
laboratory capacity in order to identify, evaluate and
control public health threats.
She continued, Alaska has three public health laboratories.
They were established as regional laboratories when
transportation linkages and technology dictated that
laboratory services could only be delivered effectively
through a regional structure.
Adequate facilities are critical to safe, effective and
efficient laboratory operations. Because of the special
nature of laboratory functions we must have facilities
capable of supporting operations involving bio-hazards and
accommodating specialized equipment and changing
technologies.
Commissioner Perdue added, in the future to maintain the
facilities as laboratories would require specialized
upgrades and some improvements that are not feasible at a
reasonable cost. Alaska must develop a permanent facility
to support the specialized activities of the State Medical
Examiner program which also involves bio-hazards. The
program supports law enforcement and public health efforts
by determining the cause and manner of deaths that occur in
suspicious or unexplained circumstances or which may present
a public health threat.
Objective analysis indicates that the most cost and
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operationally efficient solution to these problems would be
the construction of a new facility that centralizes
laboratory operations in Anchorage. Centralization of the
functions to a single facility would provide the most
economical permanent solution to the critical facility
problems, while improving overall accessibility, enhancing
the Department's ability to perform disease surveillance,
evaluation and control activities, and avoid unrecoverable
costs related to current laboratories.
Commissioner Perdue pointed out that HB 529 provides the
mechanism to implement a solution, authorizing the issuance
of certificates of participation for lease/purchase
financing of a centralized laboratory total cost in the
amount of $23.5 million dollars. A centralized facility
would house public health laboratory staff from Anchorage,
Fairbanks, and Juneau as well as the laboratory chief and
the State Medical Examiner staff.
Commissioner Perdue acknowledged how difficult it was to
propose a project which would centralize services and at the
same time could adversely affect the economies of Fairbanks
and Juneau. She noted her belief in regional government,
although, pointed out that the project was necessary for the
state as a whole. She spoke to the transudation plan.
JOHN MIDDAUGH, MD., CHIEF, EPIDEMIOLOGY SECTION, DIVISION OF
PUBLIC HEALTH, DEPARTMENT OF HEALTH AND SOCIAL SERVICES,
echoed that the current facilities were no longer adequate.
The laboratory function of a public health lab is the core
building block of state's health department and a critical
component of protection from infectious diseases. Alaska
must keep their prevention efforts in the forefront.
The State's ability to employ new technology in rapidly
diagnosing infections and establishing diagnosis will enable
the State to facilitate control measures as a critical
component of the public health laboratory. A close
relationship exists with physicians around the State who
submit specimens causing illness among Alaskans. The State
Medical Association has fully endorsed the central new lab
in Anchorage and the co-located staff. On a scientific
basis, the practice of housing facilities in various
locations around the State is not a good, sound idea.
DR. GREGORY HAYES, CHIEF, LABORATORIES, DIVISION OF PUBLIC
HEALTH, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, advised
that the services for the public health laboratory are
directed towards prevention and control of disease in the
community. These services differ from the clinical
laboratories directed at individual patient care.
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The core functions of a centralized lab would include:
* Support of disease control and prevention
programs, maternal child and family health
programs and epidemiological programs;
* Support surveillance activities, outbreak
investigations and monitor for, the emergence of
new infectious agents or re-emergence of
infectious agents;
* Focus on the development of methods for
testing when those tests are not readily
available and transfer that technology to the
private sector;
* Perform diagnostic product evaluation;
* Data collection;
* Testing of high quality at a reasonable rate;
* Provide training, laboratory expertise and
reference services to the private laboratory
community in the laboratory diagnosis of
diseases of public health significance.
Dr. Hayes continued, the Juneau and Anchorage laboratories
perform primarily microbiological testing. Juneau
specializes in Mycology and Water Bacteriology while in
Anchorage the specialty is Tuberculosis (TB) testing. The
Fairbanks laboratory performs almost exclusively Virology
testing. The facilities are in urgent need of repair,
having mechanical and structural inadequacies for conducting
laboratory testing. All three laboratories have poor
facility layouts and have space limitations for future
growth.
In order to operate, Alaska must meet Federal Regulations,
under the Clinical Laboratory Improvement Amendments.
During the last survey, Alaska was found out-of-compliance
and given 90 days to correct some major ventilation
deficiencies or face loss of license. The surveyors will be
looking for resolutions in long range planning to address
laboratories health and safety concerns.
Representative Therriault voiced concern in closing the
Fairbanks lab. Dr. Hayes advised that there are no major
health and safety problems with the Fairbanks facility.
That facility is very dated and the lab is spread out over
several floors and poorly laid out. Commissioner Perdue
added that the Anchorage facility must be replaced because
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it is unsafe. She added that when purchasing property, it
would be most cost effective to purchase one location and
consolidate the services from that spot. The turn around
time is also predictable in Anchorage. Co-Chair Hanley
asked the costs of maintaining the current facilities.
TOM LANE, JUNEAU FACILITIES MANAGER, DIVISION OF
ADMINISTRATIVE SERVICES, DEPARTMENT OF HEALTH AND SOCIAL
SERVICES, replied that fiscal costs are included in the
fiscal notes provided to the Committee. Lease and personnel
costs would be saved, providing a total savings of $710
thousand dollars per year. If a new facility was built in
Anchorage and the facility in Fairbanks continued operation,
$210 thousand dollars would be saved in the long term.
Operating costs would diminish through centralization.
RUSS WEBB, HEALTH PROGRAMS MANAGER, DIVISION OF PUBLIC
HEALTH, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, stated
that centralizing services would be scientifically sound
management and would enable the lab to achieve more
efficiency.
Discussion followed between Representative Therriault and
Dr. Hayes regarding continued use of the Fairbanks facility.
Dr. Hayes stressed that the current Alaskan system does not
work well nor benefit the citizens of Alaska. Mr. Lane
noted that an analysis had been done indicating the benefits
of building the facility in Anchorage. He pointed out that
Anchorage is the hub of the transportation network.
Representative Kohring voiced concern with the cost analysis
of the legislation. Mr. Webb stressed that the Juneau and
the Anchorage facility can not be added on too. The
Fairbanks facility would be difficult to add to in a cost
effective way. None of the current facilities would be able
to support the long-term functions of the lab.
Representative Martin supported passage of the legislation.
(Tape Change, HFC 96-106, Side 2).
REPRESENTATIVE JOHN DAVIES voiced support for the lab
services continuing to be housed in Fairbanks.
ADJOURNMENT
The meeting adjourned at 3:50 P.M.
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