Legislature(1993 - 1994)
03/29/1993 08:35 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 29, 1993
8:35 a.m.
TAPE HFC 93-78, Side 1, #000 - end.
TAPE HFC 93-78, Side 2, #000 - 483.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee to order
at 8:35 a.m.
PRESENT
Co-Chair Larson Representative Hoffman
Co-Chair MacLean Representative Martin
Vice-Chair Hanley Representative Navarre
Representative Brown Representative Parnell
Representative Foster Representative Therriault
Representative Grussendorf
ALSO PRESENT
Dave Williams, Division of Medical Assistance, Department of
Health and Social Services; Ritchie Sonner, Hospice and Home
Care of Juneau; Myra Howe, Director, Special Education,
Department of Education; Willie Anderson, NEA-Alaska;Doug
Wooliver, Staff Attorney, Representative Barnes; C.E.
Swackhammer, Deputy Director, Department of Public Safety
SUMMARY INFORMATION
HB 69 "An Act relating to registration of and
information about sex offenders and amending
Alaska Rules of Criminal Procedure 11(c) and
32(b)."
CSHB 69 (FIN) was reported out of Committee with a
"do pass" recommendation and with four zero fiscal
notes by the Department of Corrections, dated
2/8/93; Department of Law, dated 2/8/93; and two
by the Department of Administration and with a
fiscal impact note by the Department of Public
Safety, dated 3/25/93.
HB 171 "An Act providing coverage for hospice care under
the Medicaid program; reordering the priorities
given to optional services under the Medicaid
program; and providing for an effective date."
CSHB 171 (FIN) was reported out of Committee with
1
a "do pass" recommendation and with a fiscal
impact note by the Department of Health and Social
Services, dated 3/22/93.
HB 178 "An Act adding children under the age of 21 who
are eligible for adoption assistance because of
special needs to the optional Medicaid coverage
list and revising the order of priority in which
groups eligible for optional Medicaid coverage are
eliminated; and providing for an effective date."
HB 78 was reported out of Committee with a "do
pass" recommendation and with two fiscal impact
notes by the Department of Health and Social
Services, dated 3/22/93.
HB 235 "An Act relating to educational programs and
services for children with disabilities and other
exceptional children and to persons with a
handicap; and providing for an effective date."
CSHB 235 was reported out of Committee with "no
recommendation" and with a zero fiscal note by the
Department of Education, dated 3/24/93.
HOUSE BILL NO. 69
"An Act relating to registration of and information
about sex offenders and amending Alaska Rules of
Criminal Procedure 11(c) and 32(b)."
Members were provided with a Work Draft for HB 69, 8-
LS0395\U, dated 3/25/93 (Attachment 1). HB 69 was held in a
subcommittee consisting of Chair Therriault with members
Representatives Brown and Martin.
Representative Therriault explained changes by the
Subcommittee. References to DNA blood typing were deleted.
First time sex offenders are required to register for 15
years. Sex offenders who have been convicted two or more
times must register for life. Sexual abuse of a minor in
fourth degree has been eliminated at the request of
Representative Barnes. He explained that language to allow
dispute of file information was added. The Department
"shall" correct or supplement inaccurate or incomplete
information.
Representative Therriault note that by law the registration
fee cannot be punitive in nature. The Subcommittee set the
fee at $5.00 dollars.
Representative Therriault MOVED to ADOPT Work Draft for HB
69, 8-LS0395\U, dated 3/25/93. There being NO OBJECTION, it
2
was so ordered. Representative Therriault MOVED to Amend,
CSHB 69 (FIN), delete page 3, line 28, "11.40.130". He
explained that offenders can be convicted under 11.40.130
for supplying alcohol to minors. There being NO OBJECTION,
it was so ordered.
Co-Chair MacLean asked if VPSO's would substitute for the
Chief of Police in rural areas. She asked if the
Department of Corrections could register sex offenders prior
to release.
C.E. SWACKHAMMER, DEPUTY DIRECTOR, DEPARTMENT OF PUBLIC
SAFETY clarified that VPSO's would not be required to
perform the registrations. He added that the Alaska State
Troopers will aid rural areas with sex offender
registration. Village Public Safety Officers would be
informed of registered sex offenders in their areas. He
explained that the Department of Corrections would not
register offenders since offenders future place of residence
and employment would be unknown.
Representative Therriault noted that sex offender
registration for first offenders will be retroactive ten
years to 1984. Representative Navarre asked if the a ten
retroactive period would be subject to discrimination
challenges. Representative Therriault did not think there
would be a basis for legal challenges.
DOUG WOOLIVER, STAFF ATTORNEY, REPRESENTATIVE BARNES assured
members that the ten year retroactive period would be upheld
in court. He cited the difficulty in collecting accurate
data past ten years. Mr. Wooliver explained the legal
rational supporting a ten year retroactive period. Members
discussed the retroactive registration period.
Representative Navarre asked if other state law has been
tested in regards to the right to privacy. Mr. Wooliver
stated that Washington state has a constitutional right to
privacy. The Washington State Supreme Court has up held the
retroactive period. He clarified that offenders convicted
of two or more offenses must register regardless of the time
of conviction.
Representative Therriault relayed that supporters of the
legislation feel that sex offenders have a high recidivism
rate because they do not think they will be caught. The
legislation is designed to be a deterrent.
Mr. Wooliver explained, in response to a question from
Representative Foster, that a regulatory action would not be
considered as a "expos facto". A punishment cannot be
increased retroactively. Laws that are regulatory in nature
3
are not designed to punish.
Representative Therriault MOVED to report CSHB 69 (FIN) out
of Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CSHB 69 (FIN) was reported out of Committee with a "do pass"
recommendation "do pass" recommendation and with four zero
fiscal notes by the Department of Corrections, dated 2/8/93;
Department of Law, dated 2/8/93; two by the Department of
Administration and with a fiscal impact note by the
Department of Public Safety, dated 3/25/93.
hb#171
HOUSE BILL NO. 171
"An Act providing coverage for hospice care under the
Medicaid program; reordering the priorities given to
optional services under the Medicaid program; and
providing for an effective date."
RITCHIE SONNER, EXECUTIVE DIRECTOR, HOSPICE AND HOME CARE OF
JUNEAU spoke in support of HB 171. She explained that
hospice care supports the terminally ill to allow them to
remain in their home. She emphasized that home care is cost
effective. She stressed that the terminally ill are allowed
to remain with their loved ones. She explained that
terminally ill is defined as those that have 6 or less
months to live. An inter disciplinary team of counselors,
physicians, nurses, therapist, clergy and volunteers assist
the terminally ill. The goal of hospice care is to allow
terminally ill to spend their final days pain free and
alert, at peace with themselves and their loved ones in
their own home. Hospice care is endorsed and supported by
Medicare.
Representative Parnell pointed out that there are no
Medicare certified hospice organizations in Alaska. He
asked if the bill will impact certification. Ms. Sonner
stated that in lieu of hospice certification Medicare will
certify home care providers. She felt that the legislation
would encourage hospice certification.
Co-Chair Larson asked how the effective date would affect
the Department of Health and Social Services.
DAVE WILLIAMS, DIVISION OF MEDICAL ASSISTANCE, DEPARTMENT OF
HEALTH AND SOCIAL SERVICES replied that the Department would
like the effective date to be delayed until January 1994.
He explained that the Department of Health and Social
Services needs time to institute the program. He explained
that the fiscal note will cover the cost of changing the
4
claims payment system.
Representative Martin MOVED to Amend the effective date to
insert "January 1, 1994." There being NO OBJECTION, it was
so ordered.
Co-Chair MacLean MOVED to report HB 171 out of Committee
with individual recommendations and with the accompanying
fiscal note. There being NO OBJECTION, it was so ordered.
CSHB 171 (FIN) was reported out of Committee with a "do
pass" recommendation and with a fiscal impact note by the
Department of Health and Social Services, dated 3/22/93.
HOUSE BILL NO. 178
"An Act adding children under the age of 21 who are
eligible for adoption assistance because of special
needs to the optional Medicaid coverage list and
revising the order of priority in which groups eligible
for optional Medicaid coverage are eliminated; and
providing for an effective date."
Representative Hanley clarified that children under the age
of 21 who are eligible for adoption assistance will be given
priority in Medicaid coverage.
Mr. Williams explained, in response to a question from Co-
Chair MacLean, the fiscal notes. He stated that the State
will continue the cost of medical care for hard to place
adoptive children. There will be a 50 percent federal match
if the legislation is passed.
Representative Martin MOVED to report HB 178 out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
HOUSE BILL NO. 235
"An Act relating to educational programs and services
for children with disabilities and other exceptional
children and to persons with a handicap; and providing
for an effective date."
Co-Chair Larson noted that members had received a letter
from Marc Grober, Attorney addressing concerns regarding HB
235 (Attachment 2).
MYRA HOWE, DIRECTOR, SPECIAL EDUCATION, DEPARTMENT OF
EDUCATION presented the members with a written response to
Mr. Grober's concerns (Attachment 3). She explained that
5
the State is required to submit an annual plan describing
how Alaska will serve exceptional children. The State has
received conditional approval of their FY 92 - 94 plan.
Statutory and regulatory changes are needed to bring the
state into compliance with federal law. The State will lose
$8.3 million federal dollars if compliance is not met.
Ms. Howe referred to section 8. She noted that the
Department must allow for a parent hearing upon denial for
placement of a child in special education services.
(Tape Change, HFC 93-78, Side 2)
Ms. Howe reviewed HB 235. She noted that in section 21,
rehabilitation services is added to the definition of
related services. Section 23 adds two new categories of
autism and traumatic brain injury. The definition of
education records has been expanded. Other changes have
clarify language to assure clearer authority of the
Department of Education.
Co-Chair Larson provided members with Amendment 1: "Each
school district shall develop an individualized education
program for every exceptional child" (Attachment 4).
Ms. Howe clarified, in response to a question from Co-Chair
MacLean, that there is no federal requirement for a three
year reevaluation of students. The Department has opted for
a three year review to reestablish eligibility. If a child
upon reevaluation is found to no longer meet the criteria
they will be allowed to finish their current program.
Representative Martin noted the costs associated with
keeping exceptional children at a high level. He asked how
the cost of evaluation compares to the cost of the programs.
Ms. Howe could not answer. She noted that there is an
annual evaluation requirement.
Representative Grussendorf questioned the use of "shall" vs.
"may" in Amendment 1. Ms. Howe replied that school
districts could create a criteria so high as to not have any
"gifted" students.
Co-Chair Larson reiterated Representative Grussendorf's
question regarding the use of "shall". Ms. Howe stressed
that regulation already requires that each school district
have a program for exceptional children.
Ms. Howe explained, in response to a question by
Representative Parnell, that the school districts submit
plans for their programs to the Department of Education.
The general standard is for IQ's of 130 and above.
6
Representative Grussendorf expressed the opinion that IQ
tests are culturally biased.
WILLY ANDERSON, NEA-ALASKA expressed support for HB 235. He
stressed that the State will lose $8.3 million dollars in
federal funds if HB 235 is not adopted.
Representative Martin complained that "exceptional" children
programs can be misused by school districts.
Co-Chair Larson noted that the only opposition to HB 235 was
based on the fear that gifted and talented programs which
are provided for in regulation may be discontinued. He
explained that Amendment 1 would guarantee that programs are
continued. Co-Chair Larson MOVED to ADOPT, Amendment 1.
Representative Martin questioned the use of "every"
exceptional child. He felt that there would be an increase
cost to the State.
Ms. Howe clarified that Amendment 1 would not change current
practice. She noted that "gifted children" is defined by
each school district. Representative Martin noted that
"gifted" and "talented" are defined in HB 235.
Representative Martin OBJECTED to Amendment 1. A roll call
vote was taken on the motion.
IN FAVOR: Navarre, Parnell, Foster, Larson, MacLean
OPPOSED: Martin, Grussendorf, Hanley
Representatives Therriault, Brown and Hoffman were absent
from the vote.
The MOTION PASSED (5-3).
Representative Hanley noted that the definition of "gifted
and talented" children does not include all the previous
categories. Ms. Howe explained that the Department was
advised by the Department of Law to not include each
specific category in statute. The Department of Law advised
that it would be better to address specific requirements
through regulations.
Representative Grussendorf expressed concern that parents
"brow beat" school districts to allow their children in the
gifted and talented programs. Representative Martin agreed.
Co-Chair MacLean MOVED to report CSHB 235 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
7
CSHB 235 was reported out of Committee with "no
recommendation" and with a zero fiscal note by the
Department of Education, dated 3/24/93.
ADJOURNMENT
The meeting adjourned at 9:50 a.m.
8
| Document Name | Date/Time | Subjects |
|---|