Legislature(1993 - 1994)
03/24/1993 08:30 AM House FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
March 24, 1993
8:30 a.m.
TAPE HFC 93 - 56, Side 1, #000 - end.
TAPE HFC 93 - 56, Side 2, #000 - #481.
CALL TO ORDER
Co-Chair Ron Larson called the meeting of the House Finance
Committee to order at 8:30 A.M.
PRESENT
Co-Chair Larson Representative Therriault
Co-Chair MacLean Representative Foster
Vice-Chair Hanley Representative Grussendorf
Representative Hoffman Representative Martin
Representative Navarre Representative Parnell
Representative Brown was not present for the meeting.
ALSO PRESENT
Deborah Wing, Director, Family and Youth Services,
Department of Health and Social Services; John Peterson, Aid
to Representative Gail Phillips; Gary Bader, Director,
Administrative Services, Department of Education; Bruce
Garrett, Kodiak, Alaska; Laura Fleming, Aid to
Representative Bill Williams; Kate Tesar, Association of
Independent Tour Operators, Juneau, Alaska; Irene Morris,
Alaska Environmental Lobby, Juneau, Alaska; Romaine Careen,
People Safety Coordinator, Department of Education; Geron
Bruce, Special Assistant, Department of Fish and Game.
SUMMARY INFORMATION
HB 2 An Act requiring drug and alcohol tests for school
bus drivers.
CS HB 2 (FIN) was reported out of Committee with
"no recommendation" with a Letter of Intent by the
House Judiciary Committee and with a new fiscal
note by the Department of Education.
HB 97 An Act clarifying the responsibilities of the
Department of Health and Social Services and
parents for children who are committed to the
custody of the department and are placed by the
department with the parents; and providing for an
1
effective date.
HB 97 was reported out of Committee with a "do
pass" recommendation and with a zero fiscal note
by the Department of Health and Social Services.
HB 172 An Act relating to the wildlife conservation tag
and to entry onto state game and wildlife
sanctuaries, state game refuges, state range
areas, and fish and game critical habitat areas;
and providing for an effective date.
HB 172 was held in Committee for further
discussion.
HOUSE BILL 97
"An Act clarifying the responsibilities of the
Department of Health and Social Services and parents
for children who are committed to the custody of the
department and are placed by the department with the
parents; and providing for an effective date."
DEBORAH WING, DIRECTOR, FAMILY AND YOUTH SERVICES,
DEPARTMENT OF HEALTH AND SOCIAL SERVICES, stated that the
Department of Health and Social Services strongly supports
HB 97, which clarifies the responsibilities of the
Department for children committed to its legal custody and
who continue to reside with the parent or parents. The bill
amends AS 47.10.084 to require a parent or parents to
provide for the day to day care of their children if these
children are residing with them when the State has legal
custody as a result of child protection services.
Representative Parnell inquired if medical care would
include the cost of counseling. Ms. Winger stated it would.
Representative Martin discussed medical care costs of foster
children. Ms. Wing noted that children in foster care would
continue to remain a responsibility of the State.
Representative Parnell inquired if parents would be asked to
pay for counseling services of abused children. Ms. Wing
noted, that if the child is qualified under Medicaid, the
parents are able to utilize that resource.
Representative Martin MOVED to report HB 97 out of Committee
with individual recommendations and with the accompanying
fiscal note. There being NO OBJECTION, it was so ordered.
HB 97 was reported out of Committee with a "do pass"
2
recommendation and with a zero fiscal note by the Department
of Health and Social Services.
HOUSE BILL 2
"An Act requiring drug and alcohol tests for school bus
drivers."
JOHN PETERSON, AID TO REPRESENTATIVE GAIL PHILLIPS, noted
that current Alaska law makes no provision for the routine
testing of school bus drivers for drug and alcohol use.
This bill would provide for such testing. The federal
government is in the process of preparing regulations that
will mandate testing for those who are required to have
commercial drivers licenses for the operation of school
buses. HB 2 is needed at this time as the effective date of
the federal regulations is uncertain. The federal
regulations will not apply to school buses with fewer that
fifteen passengers, which does not require a commercial
license for operation.
Representative Grussendorf requested testimony from the
Department of Law regarding the legal definition of
"improper" use of drugs and alcohol. Representative Parnell
questioned the constitutionality of mandating random
testing. Mr. Peterson pointed out previous concerns
regarding privacy was addressed in the House Judiciary
Committee Letter of Intent.
Representative Foster asked how the legislation's cost would
be handled for the small village areas.
GARY BADER, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES,
DEPARTMENT OF EDUCATION, responded that the cost is
determined by a statewide average. Most of the services
would be contracted out. He added that the testing is
legitimate for the safety of students.
ROMAINE CAREEN, PEOPLE SAFETY TRANSFORATION COORDINATOR,
DEPARTMENT OF EDUCATION, noted there is a company in
Anchorage which performs most of the state's testing, and
added that drug testing is required by the federal
government. Representative Parnell questioned if the
federal regulations mandated the proposed testing.
Representative Hoffman recommended that the legislation
clarify the coverage of costs for this testing.
BRUCE GARRETT, KODIAK SCHOOL DISTRICT, KODIAK, ALASKA,
stated that under federal law, the school district must be a
"drug-free" work place. He voiced his concern with who
would have the burden of paying the costs for testing. Mr.
Garrett noted that testing would show any drugs or alcohol
3
in the persons system taken within a 72-hour period.
Representative Hoffman felt that the testing would be a
violation of the privacy act. Discussion followed regarding
an employee who consumes on their "off" hours.
Representative Parnell pointed out that the "drug free" zone
was created by federal law.
Co-Chair MacLean MOVED to report HB 2 out of Committee with
individual recommendations and the new Department of
Education fiscal note. Representative Parnell OBJECTED in
order to make an amendment. He MOVED deleting the word
"improper" from Page 1, Line 7 and Line 8.
(Tape Change, HFC 93-56, Side 2).
Representative Hanley recommended adding "illegal" on Page
1, Line 8 and deleting the word "improper". Representative
Parnell WITHDREW his motion to delete "improper" and MOVED
to delete the word "improper" on Line 7 and on Line 8 delete
"improper" and replace with "illegal". There being NO
OBJECTION, it was so ordered.
Representative Hoffman offered a technical amendment which
would explain that the Department of Education would be
responsible for payments of all testing. Mr. Bader pointed
out that it was the intent of the Department to pay for the
testing. Representative Hoffman asked for approval of the
conceptual amendment which would legally clarify that
information. Representative Martin noted that the fiscal
note states that the money is allocated to the Department of
Education for specifically paying for testing.
Representative Hoffman objected and asked that detailed
clarification be contained in the bill. Representative
Foster OBJECTED to moving the bill from Committee.
A roll call was taken on the MOTION.
IN FAVOR: Hanley, Martin, Parnell, Therriault,
MacLean, Larson.
OPPOSED: Hoffman, Navarre, Foster.
Representative Brown and Representative Grussendorf were not
present for the vote.
The MOTION PASSED, (6 - 3).
CS HB 2 (FIN) was reported out of Committee with "no
recommendation" and with a House Judiciary Committee Letter
of Intent and a fiscal note by the Department of Education.
4
HOUSE BILL 172
"An Act relating to the wildlife conservation tag and
to entry onto state game and wildlife sanctuaries,
state game refuges, state range areas, and fish and
game critical habitat areas; and providing for an
effective date."
LAURA FLEMING, AID FOR REPRESENTATIVE BILL WILLIAMS, stated
that HB 172 would create a wildlife conservation tag program
aimed at encouraging non-consumptive users of Alaska's
wildlife to help pay for wildlife programs and facilities
they use.
Wildlife viewing is a fast-growing form of recreation in the
world, and a major factor in attracting visitors to Alaska.
Careful management and development of viewing areas is
important to protect the wildlife while enhancing visitor
opportunities. The bill is a "user pays" approach to
generating funds to support this growing area of wildlife
use.
The primary thrust of HB 172 is a voluntary program.
Participants would pay a fairly small price for the tag.
The price of the tag is left to the Department but will be
kept low since the goal is to sell large numbers of the tags
to those who voluntarily purchase them.
Ms. Fleming explained the amendments submitted by
Representative Williams which will make three small
technical changes to CS HB 172 (RES) version.
Co-Chair MacLean presented her concerns with the legislation
and the limitations created in the McNeil River area which
she felt would restrict individual freedom to explore
certain parts of that area.
GERON BRUCE, SPECIAL ASSISTANT, DEPARTMENT OF FISH AND GAME,
noted the legislation would not restrict people from going
into areas to pursue exempted activities. He added that
McNeil is a small area sanctuary which is exclusively a
brown bear viewing area. This area can be used by permit
only and is already existing in law. The function of the
permit system is to protect the intrinsic quality of the
environment for the animals of those areas and for those who
come to view the animals.
Co-Chair MacLean voiced her concern with the potential
expansion of areas added to the conservation tag entry
system. Mr. Bruce advised that the Department will be
working closely with tourism, the visitor industry and the
5
public.
KATE TESAR, ASSOCIATION OF INDEPENDENT TOUR OPERATORS,
JUNEAU, ALASKA, noted support of the legislation. She
stated that her group has been assured by the Department of
Fish and Game that the tourism industry will be included in
changes in the current regulations. There will be no
arbitrary designation of tagged areas without good reason.
She spoke of the profit which could be generated from the
pins.
IRENE MORRIS, ALASKA ENVIRONMENTAL LOBBY (AEL), JUNEAU,
ALASKA, spoke in support of HB 172. She recommended that
non consumptive users pay a portion of the management costs
for specified areas.
Representative Foster interjected his many concerns with the
proposed legislation. He felt HB 172 would be detrimental
to Western and Arctic Alaska. Mr. Bruce noted that the
Department would be willing to substitute language which
would help clarify the legislation. The legislation is not
directed at establishing additional fees for subsistence
users, but rather allowing users to contribute to programs.
Representative Hanley recommended limiting the law to the
two designated areas. If additional areas should be added,
then the Legislature would determine if they would be
advantageous.
Co-Chair Larson advised that the legislation should be
returned to Subcommittee for further considerations. The
bill was HELD in Committee.
ADJOURNMENT
The meeting adjourned at 9:45 a.m.
HOUSE FINANCE COMMITTEE
March 24, 1993
8:30 a.m.
TAPE HFC 93 - 56, Side 1, #000 - end.
TAPE HFC 93 - 56, Side 2, #000 - #481.
CALL TO ORDER
Co-Chair Ron Larson called the meeting of the House Finance
Committee to order at 8:30 A.M.
PRESENT
6
Co-Chair Larson Representative Therriault
Co-Chair MacLean Representative Foster
Vice-Chair Hanley Representative Grussendorf
Representative Hoffman Representative Martin
Representative Navarre Representative Parnell
Representative Brown was not present for the meeting.
ALSO PRESENT
Deborah Wing, Director, Family and Youth Services,
Department of Health and Social Services; John Peterson, Aid
to Representative Gail Phillips; Gary Bader, Director,
Administrative Services, Department of Education; Bruce
Garrett, Kodiak, Alaska; Laura Fleming, Aid to
Representative Bill Williams; Kate Tesar, Association of
Independent Tour Operators, Juneau, Alaska; Irene Morris,
Alaska Environmental Lobby, Juneau, Alaska; Romaine Careen,
People Safety Coordinator, Department of Education; Geron
Bruce, Special Assistant, Department of Fish and Game.
SUMMARY INFORMATION
HB 2 An Act requiring drug and alcohol tests for school
bus drivers.
CS HB 2 (FIN) was reported out of Committee with
"no recommendation" with a Letter of Intent by the
House Judiciary Committee and with a new fiscal
note by the Department of Education.
HB 97 An Act clarifying the responsibilities of the
Department of Health and Social Services and
parents for children who are committed to the
custody of the department and are placed by the
department with the parents; and providing for an
effective date.
HB 97 was reported out of Committee with a "do
pass" recommendation and with a zero fiscal note
by the Department of Health and Social Services.
HB 172 An Act relating to the wildlife conservation tag
and to entry onto state game and wildlife
sanctuaries, state game refuges, state range
areas, and fish and game critical habitat areas;
and providing for an effective date.
HB 172 was held in Committee for further
discussion.
7
HOUSE BILL 97
"An Act clarifying the responsibilities of the
Department of Health and Social Services and parents
for children who are committed to the custody of the
department and are placed by the department with the
parents; and providing for an effective date."
DEBORAH WING, DIRECTOR, FAMILY AND YOUTH SERVICES,
DEPARTMENT OF HEALTH AND SOCIAL SERVICES, stated that the
Department of Health and Social Services strongly supports
HB 97, which clarifies the responsibilities of the
Department for children committed to its legal custody and
who continue to reside with the parent or parents. The bill
amends AS 47.10.084 to require a parent or parents to
provide for the day to day care of their children if these
children are residing with them when the State has legal
custody as a result of child protection services.
Representative Parnell inquired if medical care would
include the cost of counseling. Ms. Winger stated it would.
Representative Martin discussed medical care costs of foster
children. Ms. Wing noted that children in foster care would
continue to remain a responsibility of the State.
Representative Parnell inquired if parents would be asked to
pay for counseling services of abused children. Ms. Wing
noted, that if the child is qualified under Medicaid, the
parents are able to utilize that resource.
Representative Martin MOVED to report HB 97 out of Committee
with individual recommendations and with the accompanying
fiscal note. There being NO OBJECTION, it was so ordered.
HB 97 was reported out of Committee with a "do pass"
recommendation and with a zero fiscal note by the Department
of Health and Social Services.
HOUSE BILL 2
"An Act requiring drug and alcohol tests for school bus
drivers."
JOHN PETERSON, AID TO REPRESENTATIVE GAIL PHILLIPS, noted
that current Alaska law makes no provision for the routine
testing of school bus drivers for drug and alcohol use.
This bill would provide for such testing. The federal
government is in the process of preparing regulations that
will mandate testing for those who are required to have
commercial drivers licenses for the operation of school
8
buses. HB 2 is needed at this time as the effective date of
the federal regulations is uncertain. The federal
regulations will not apply to school buses with fewer that
fifteen passengers, which does not require a commercial
license for operation.
Representative Grussendorf requested testimony from the
Department of Law regarding the legal definition of
"improper" use of drugs and alcohol. Representative Parnell
questioned the constitutionality of mandating random
testing. Mr. Peterson pointed out previous concerns
regarding privacy was addressed in the House Judiciary
Committee Letter of Intent.
Representative Foster asked how the legislation's cost would
be handled for the small village areas.
GARY BADER, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES,
DEPARTMENT OF EDUCATION, responded that the cost is
determined by a statewide average. Most of the services
would be contracted out. He added that the testing is
legitimate for the safety of students.
ROMAINE CAREEN, PEOPLE SAFETY TRANSFORATION COORDINATOR,
DEPARTMENT OF EDUCATION, noted there is a company in
Anchorage which performs most of the state's testing, and
added that drug testing is required by the federal
government. Representative Parnell questioned if the
federal regulations mandated the proposed testing.
Representative Hoffman recommended that the legislation
clarify the coverage of costs for this testing.
BRUCE GARRETT, KODIAK SCHOOL DISTRICT, KODIAK, ALASKA,
stated that under federal law, the school district must be a
"drug-free" work place. He voiced his concern with who
would have the burden of paying the costs for testing. Mr.
Garrett noted that testing would show any drugs or alcohol
in the persons system taken within a 72-hour period.
Representative Hoffman felt that the testing would be a
violation of the privacy act. Discussion followed regarding
an employee who consumes on their "off" hours.
Representative Parnell pointed out that the "drug free" zone
was created by federal law.
Co-Chair MacLean MOVED to report HB 2 out of Committee with
individual recommendations and the new Department of
Education fiscal note. Representative Parnell OBJECTED in
order to make an amendment. He MOVED deleting the word
"improper" from Page 1, Line 7 and Line 8.
(Tape Change, HFC 93-56, Side 2).
9
Representative Hanley recommended adding "illegal" on Page
1, Line 8 and deleting the word "improper". Representative
Parnell WITHDREW his motion to delete "improper" and MOVED
to delete the word "improper" on Line 7 and on Line 8 delete
"improper" and replace with "illegal". There being NO
OBJECTION, it was so ordered.
Representative Hoffman offered a technical amendment which
would explain that the Department of Education would be
responsible for payments of all testing. Mr. Bader pointed
out that it was the intent of the Department to pay for the
testing. Representative Hoffman asked for approval of the
conceptual amendment which would legally clarify that
information. Representative Martin noted that the fiscal
note states that the money is allocated to the Department of
Education for specifically paying for testing.
Representative Hoffman objected and asked that detailed
clarification be contained in the bill. Representative
Foster OBJECTED to moving the bill from Committee.
A roll call was taken on the MOTION.
IN FAVOR: Hanley, Martin, Parnell, Therriault,
MacLean, Larson.
OPPOSED: Hoffman, Navarre, Foster.
Representative Brown and Representative Grussendorf were not
present for the vote.
The MOTION PASSED, (6 - 3).
CS HB 2 (FIN) was reported out of Committee with "no
recommendation" and with a House Judiciary Committee Letter
of Intent and a fiscal note by the Department of Education.
HOUSE BILL 172
"An Act relating to the wildlife conservation tag and
to entry onto state game and wildlife sanctuaries,
state game refuges, state range areas, and fish and
game critical habitat areas; and providing for an
effective date."
LAURA FLEMING, AID FOR REPRESENTATIVE BILL WILLIAMS, stated
that HB 172 would create a wildlife conservation tag program
aimed at encouraging non-consumptive users of Alaska's
wildlife to help pay for wildlife programs and facilities
they use.
10
Wildlife viewing is a fast-growing form of recreation in the
world, and a major factor in attracting visitors to Alaska.
Careful management and development of viewing areas is
important to protect the wildlife while enhancing visitor
opportunities. The bill is a "user pays" approach to
generating funds to support this growing area of wildlife
use.
The primary thrust of HB 172 is a voluntary program.
Participants would pay a fairly small price for the tag.
The price of the tag is left to the Department but will be
kept low since the goal is to sell large numbers of the tags
to those who voluntarily purchase them.
Ms. Fleming explained the amendments submitted by
Representative Williams which will make three small
technical changes to CS HB 172 (RES) version.
Co-Chair MacLean presented her concerns with the legislation
and the limitations created in the McNeil River area which
she felt would restrict individual freedom to explore
certain parts of that area.
GERON BRUCE, SPECIAL ASSISTANT, DEPARTMENT OF FISH AND GAME,
noted the legislation would not restrict people from going
into areas to pursue exempted activities. He added that
McNeil is a small area sanctuary which is exclusively a
brown bear viewing area. This area can be used by permit
only and is already existing in law. The function of the
permit system is to protect the intrinsic quality of the
environment for the animals of those areas and for those who
come to view the animals.
Co-Chair MacLean voiced her concern with the potential
expansion of areas added to the conservation tag entry
system. Mr. Bruce advised that the Department will be
working closely with tourism, the visitor industry and the
public.
KATE TESAR, ASSOCIATION OF INDEPENDENT TOUR OPERATORS,
JUNEAU, ALASKA, noted support of the legislation. She
stated that her group has been assured by the Department of
Fish and Game that the tourism industry will be included in
changes in the current regulations. There will be no
arbitrary designation of tagged areas without good reason.
She spoke of the profit which could be generated from the
pins.
IRENE MORRIS, ALASKA ENVIRONMENTAL LOBBY (AEL), JUNEAU,
ALASKA, spoke in support of HB 172. She recommended that
non consumptive users pay a portion of the management costs
for specified areas.
11
Representative Foster interjected his many concerns with the
proposed legislation. He felt HB 172 would be detrimental
to Western and Arctic Alaska. Mr. Bruce noted that the
Department would be willing to substitute language which
would help clarify the legislation. The legislation is not
directed at establishing additional fees for subsistence
users, but rather allowing users to contribute to programs.
Representative Hanley recommended limiting the law to the
two designated areas. If additional areas should be added,
then the Legislature would determine if they would be
advantageous.
Co-Chair Larson advised that the legislation should be
returned to Subcommittee for further considerations. The
bill was HELD in Committee.
ADJOURNMENT
The meeting adjourned at 9:45 a.m.
12
| Document Name | Date/Time | Subjects |
|---|