Legislature(2005 - 2006)HOUSE FINANCE 519
03/08/2005 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB97 | |
| SB60 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | HB 97 | ||
| = | SB 60 | ||
HOUSE FINANCE COMMITTEE
March 8, 2005
1:43 p.m.
CALL TO ORDER
Co-Chair Meyer called the House Finance Committee meeting to
order at 1:43:39 PM.
MEMBERS PRESENT
Representative Mike Chenault, Co-Chair
Representative Kevin Meyer, Co-Chair
Representative Bill Stoltze, Vice-Chair
Representative Eric Croft
Representative Richard Foster
Representative Mike Hawker
Representative Jim Holm
Representative Reggie Joule
Representative Mike Kelly
Representative Carl Moses
Representative Bruce Weyhrauch
MEMBERS ABSENT
None
ALSO PRESENT
Annette Kreitzer, Chief of Staff, Office of Lieutenant
Governor; Scott Clark, Notary Administrator, Office of
Lieutenant Governor; Shannon Straube, Staff, Senator Ben
Stevens; Joel Gilbertson, Commissioner, Department of Health
& Social Services; Janet Clarke, Assistant Commissioner,
Division of Finance and Management Services, Department of
Health and Social Services; Pat Davidson, Legislative
Auditor, Legislative Audit Division
PRESENT VIA TELECONFERENCE
Jeanine Sparks, Chair, Statewide Suicide Prevention Council
SUMMARY
HB 97 "An Act relating to the authority to take oaths,
affirmations, and acknowledgments in the state, to
notarizations, to verifications, to
acknowledgments, to fees for issuing certificates
with the seal of the state affixed, and to
notaries public; and providing for an effective
date."
CS HB 97 (FIN) was REPORTED out of Committee with
a "no recommendation" and with a previously
published fiscal impact note # 1 by the Office of
the Governor.
SB 60 "An Act extending the termination date of the
Statewide Suicide Prevention Council; and
providing for an effective date."
HCS SB 60 (FIN) was REPORTED out of Committee with
a "do pass" recommendation and a previously
published fiscal impact note # 2 by the Department
of Health and Social Services.
1:43:56 PM
HOUSE BILL NO. 97
"An Act relating to the authority to take oaths,
affirmations, and acknowledgments in the state, to
notarizations, to verifications, to acknowledgments, to
fees for issuing certificates with the seal of the
state affixed, and to notaries public; and providing
for an effective date."
ANNETTE KREITZER, CHIEF OF STAFF, OFFICE OF LIEUTENANT
GOVERNOR, in response to Co-Chair Meyer, replied that she
has had a chance to read Amendment 1. She spoke in support
of Amendment 1.
Representative Kelly MOVED to ADOPT Amendment 1 as follows:
Page 8, lines 12 - 13:
Delete "may not have been incarcerated in a
correctional facility for a felony conviction within 10
years before the commission takes effect"
Insert "may not, within 10 years before the commission
takes effect, have been convicted of a felony or
incarcerated in a correctional facility for a felony
conviction"
Page 8, line 15, following "jurisdiction":
Insert "within 10 years before the commission takes
effect"
Page 8, line 16, following "may not":
Insert ",within 10 years before the commission takes
effect,"
Page 10, lines 17 - 18:
Delete "applicant has been incarcerated in a
correctional facility for a felony conviction within 10
years before the commission is to take effect"
Insert "applicant has, within 10 years before the
commission is to take effect, been convicted of a
felony or incarcerated in a correctional facility for a
felony conviction"
Page 10, line 19, following "revoked":
Insert ",within 10 years before the commission is to
take effect,"
Page 18, line 12, following "(1)":
Insert "convicted" or "conviction" means that the
person has entered a plea of guilty, guilty but
mentally ill, or nolo contendere, or has been found
guilty or guilty but mentally ill by a court or jury;
(2)"
Page 18, line 15:
Delete "(2)"
Insert "(3)"
Page 18, lines 30, through page 19, line 1:
Delete "has been incarcerated in a correctional
facility for a felony conviction within 10 years before
the notary public's term of office expires under former
AS 44.50.030"
Insert "has been, within 10 years before the notary
public's term of office expires under former
AS 44.50.030, convicted of a felony or incarcerated in
a correctional facility for a felony conviction"
Page 19, line 2, following "public.":
Insert "In this subsection, "convicted" and
"conviction" have the meanings given in AS 44.50.200."
There being NO OBJECTION, it was so ordered.
Representative Kelly MOVED to ADOPT Amendment 2, which reads
as follows:
Page 16, line 6:
Delete "Disciplinary action.":
Insert "Disciplinary action; complaint; appeal;
hearing; delegation. (a)"
Page 16, line 13:
Delete "Sec. 44.50.069. Complaint; hearing;
appeal; delegation. (a)"
Insert "(b)"
Page 16, line 18:
Delete "(b)"
Insert "(c)"
Page 16, line 23:
Delete "(c)"
Insert "(d)"
Page 16, line 31:
Delete "(d)"
Insert "(e)"
Page 17, lines 9 - 16:
Delete all material and insert:
"(f) If the lieutenant governor finds that
formal disciplinary action may be warranted, the
lieutenant governor may suspend or revoke a notary
public's commission or reprimand a notary public.
If the lieutenant governor suspends or revokes the
commission or issues a reprimand, the lieutenant
governor shall provide, by certified mail, the
notary public with a written statement of the
lieutenant governor's decision, including a
written statement of the basis for the
determination.
(g) A person who is issued a reprimand,
suspension, or revocation under (f) of this
section may appeal the reprimand, suspension, or
revocation by requesting a hearing within 15 days
after receiving the statement provided under (f)
of this section. If a hearing is requested, the
lieutenant governor shall deny or grant the
request under AS 44.64.060(b) and refer the matter
to the office of administrative hearings under
AS 44.64.060(b).
(h) The lieutenant governor may delegate the
powers under this section."
Page 17, line 29:
Delete "AS 44.50.069"
Insert "AS 44.50.068"
Page 17, line 30:
Delete "AS 44.50.069(c)"
Insert "AS 44.50.068(d)"
Vice-Chair Stoltze OBJECTED for discussion purposes.
1:46:29 PM
Ms. Kreitzer explained that Amendment 2 allows for a notary
appeal process, yet retains the lieutenant governor's
ability to take formal disciplinary action. She spoke in
support of Amendment 2.
Vice-Chair Stoltze WITHDREW his OBJECTION.
There being NO OBJECTION, Amendment 2 was adopted.
Representative Foster MOVED to report CS HB 97 (FIN) out of
Committee, as amended, with individual recommendations and
the accompanying fiscal note. There being NO OBJECTION, it
was so ordered.
CSHB 97 (FIN) was REPORTED out of Committee with a "no
recommendation" and with a previously published fiscal
impact note # 1 by the Office of the Governor.
1:49:24 PM
SENATE BILL NO. 60
"An Act extending the termination date of the Statewide
Suicide Prevention Council; and providing for an
effective date."
Representative Hawker MOVED to ADOPT Amendment 1:
Page 1, line 4 through Page 1, line 6
Delete all material
Insert
"* Section 1. The uncodified law of the State of Alaska
is amended by adding a new section
to read:
REPORT TO THE LEGISLATURE. The Department of Health and
Social Services shall investigate the legal and
practical viability of merging the Suicide Prevention
Council into an existing advisory board or an
integrated behavioral health advisory board combining
the activities of one or more of these boards. The
department shall report its findings to the legislature
by the 30th day of the Second Regular Session of the
Twenty- Fourth Alaska State Legislature.
* Sec. 2. AS 44.66.010(8) is amended to read: (8)
Statewide Suicide Prevention Council (AS 44.29.300) -
June 30, 2006 [2005];"
Representative Weyhrauch OBJECTED for discussion purposes.
Representative Hawker explained the reasoning behind the
amendment. He noted that there are five major advisory
boards and a newly proposed board within the Department of
Health and Social Services. He suggested combining boards
for more efficient management and cost savings. He
questioned whether the Suicide Prevention Council could
accomplish its established goals within the huge Department
of Health and Social Services. The FY 06 budget proposal
would merge management responsibilities for two of the five
boards, the Mental Health Board and the Alcohol and Drug
Abuse Advisory Board. He further suggested that the Suicide
Prevention Council merge with the two previously mentioned
boards creating an integrated behavioral health advisory
board for the Mental Health Trust. He concluded that it
might be appropriate to consider a one-year extension of the
Suicide Prevention Council and then re-evaluate the merger
next session. He requested that the Department of Health
and Social Services continue to look for efficiencies.
1:54:07 PM
SHANNON STRAUBE, STAFF, SENATOR BEN STEVENS, spoke against
Amendment 1 on behalf of the sponsor. She maintained that
the Suicide Prevention Council has just begun its work, and
recently issued a statewide plan coordinating community,
private, and public efforts to curb suicide. She related
that Senator Stevens would prefer to have the Council
extended until 2009.
Representative Hawker opined that there is no right or wrong
answer as to what to do with the Council. He asked whether
the Council or the Department prepared the suicide
prevention plan. Ms. Straube explained that the information
was gathered from several sources and put together by the
Council. Representative Hawker asked if the Council needs
more resources to accomplish its mission, and if it would
benefit by being a part of an integrated board. Ms. Straube
replied that the sponsor would prefer that it be a "sole
purpose" board now, but that could be looked at later on.
Representative Hawker stated that the amendment simply
points out concerns to the sponsor and to the Department and
highlights an effort to become more involved in budget
decisions.
In response to a question from Representative Weyhrauch, Ms.
Straube replied that the sunset date in HB 97 is 2009.
Representative Weyhrauch asked for feedback on the idea of
the Department reporting back to the legislature next
session. Ms. Straube suggested that Jeanie Sparks, Chair,
Statewide Suicide Prevention Council, comment on the
amendment. Representative Weyhrauch asked what the
viability of such a merge would be. Ms. Straube suggested
that going year to year might focus the council on its
perpetuation and not on its mission.
1:59:37 PM
JEANINE SPARKS, CHAIR, STATEWIDE SUICIDE PREVENTION COUNCIL,
addressed Representative Weyhrauch's question. She agreed
with Ms. Straube that the council should be extended until
2009. She emphasized that last year a lot of energy was
spent on discussing possible mergers, filling positions, and
undergoing an audit, which distracted the council from its
mission. She related that she helped write the state plan,
which had input from Susan Soule from the Department of
Health and Social Services and federal advisement from Peggy
West.
Vice-Chair Stoltze voiced support for the council itself and
appreciation for the discussion, which assists the committee
in helping the council realize its mission.
Representative Joule shared his past experience on the
Advisory Board for Alcohol and Drug Abuse and on the Interim
Commission on Children and Youth. Attention to the issue of
suicide often fell short because of all the existing needs.
He suggested that once the council gets its footing, it
would be worthwhile to have this discussion again.
2:04:30 PM
Representative Kelly reported that he attended an impressive
Wellness Warriors presentation and said it is difficult to
be against suicide prevention. He questioned whether this
is the best method to prevent suicide. He shared a personal
story and called suicide prevention worthwhile, but wondered
if this is the right vehicle. He concluded that he would
support HB 97.
Representative Holm agreed with Representative Kelly and
mentioned the issue of accountability. He wondered if this
structure would lower the incidence of suicide. He pointed
out that suicide is regional, and he questioned if the
council appropriately represented the regions most affected.
Representative Hawker WITHDREW Amendment 1, deferring to the
wishes of the sponsor.
2:08:07 PM
Representative Foster MOVED to report HCS SB 60 (FIN) out of
Committee with individual recommendations and the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
HCS SB 60 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and a previously published fiscal
impact note # 2 by the Department of Health and Social
Services.
ADJOURNMENT
The meeting was adjourned at 2:09 PM
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