Legislature(1993 - 1994)

03/02/1993 03:00 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
           HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES                         
                       STANDING COMMITTEE                                      
                          March 2, 1993                                        
                            3:00 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Cynthia Toohey, Co-Chair                                                
  Rep. Con Bunde, Co-Chair                                                     
  Rep. Gary Davis, Vice Chair                                                  
  Rep. Al Vezey                                                                
  Rep. Pete Kott                                                               
  Rep. Harley Olberg                                                           
  Rep. Bettye Davis                                                            
  Rep. Irene Nicholia                                                          
  Rep. Tom Brice                                                               
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  None                                                                         
                                                                               
  OTHER MEMBERS PRESENT                                                        
                                                                               
  Rep. Eldon Mulder                                                            
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  HB 136:   "An Act relating to the offenses of driving while                  
            intoxicated and refusal to submit to a breath                      
            test; and providing for an effective date."                        
                                                                               
            PASSED WITH INDIVIDUAL RECOMMENDATIONS                             
                                                                               
  HB 67:    "An Act relating to eligibility for and payments                   
            of public assistance; and providing for an                         
            effective date."                                                   
                                                                               
            PASSED WITH INDIVIDUAL RECOMMENDATIONS                             
                                                                               
  *HB 156:  "An Act establishing the educational facilities                    
            maintenance and construction fund; and providing                   
            for an effective date."                                            
                                                                               
            NOT HEARD                                                          
                                                                               
  *HB 157:  "An Act making special appropriations to the                       
            educational facilities maintenance and                             
            construction fund and the mental health trust                      
            income account; and providing for an effective                     
            date."                                                             
                                                                               
            NOT HEARD                                                          
                                                                               
  (* First public hearing.)                                                    
                                                                               
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  JUANITA HENSLEY                                                              
  Chief of Driver Services                                                     
  Division of Motor Vehicles                                                   
  Department of Public Safety                                                  
  P.O. Box 20020                                                               
  Juneau, Alaska 99802-0020                                                    
  Phone:  (907) 225-4335                                                       
  Position Statement:  Available to answer questions on HB 136                 
                                                                               
  DANA LATOUR                                                                  
  Legislative Liaison                                                          
  Department of Corrections                                                    
  P.O. Box 112000                                                              
  Juneau, Alaska 99811-2000                                                    
  Phone:  (907) 465-3454                                                       
  Position Statement:  Available to answer questions on HB 136                 
                                                                               
  JAN HANSEN, Director                                                         
  Division of Public Assistance                                                
  Department of Health and Social Services                                     
  P.O. Box 110640                                                              
  Juneau, Alaska 99811-0640                                                    
  (907) 465-2680                                                               
  Position Statement:  Answered questions on HB 67                             
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB 136                                                                
  SHORT TITLE: DRUNK DRIVING & BREATH TEST OFFENSES                            
  BILL VERSION:                                                                
  SPONSOR(S): REPRESENTATIVE(S) MULDER                                         
                                                                               
  TITLE: "An Act relating to the offenses of driving while                     
  intoxicated and refusal to submit to a breath test; and                      
  providing for an effective date."                                            
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  02/05/93       238    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/05/93       238    (H)   HES, JUDICIARY, FINANCE                          
  02/25/93              (H)   HES AT 03:00 PM CAPITOL 106                      
  03/02/93              (H)   HES AT 03:00 PM CAPITOL 106                      
                                                                               
  BILL:  HB  67                                                                
  SHORT TITLE: ELIGIBILITY FOR PUBLIC ASSISTANCE                               
  BILL VERSION:                                                                
  SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                 
                                                                               
  TITLE: "An Act relating to eligibility for and payments of                   
  public assistance; and providing for an effective date."                     
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/15/93        86    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/15/93        86    (H)   HEALTH, EDUCATION & SS,                          
                              JUDICIARY, FINANCE                               
  01/15/93        86    (H)   -6 FNS (6-DHSS)  1/15/93                         
  01/15/93        86    (H)   GOVERNOR'S TRANSMITTAL LETTER                    
  02/10/93              (H)   HES AT 03:00 PM CAPITOL 106                      
  02/10/93              (H)   MINUTE(HES)                                      
  02/22/93              (H)   HES AT 03:00 PM CAPITOL 106                      
  02/22/93              (H)   MINUTE(HES)                                      
  02/25/93              (H)   HES AT 03:00 PM CAPITOL 106                      
  03/02/93              (H)   HES AT 03:00 PM CAPITOL 106                      
                                                                               
  BILL:  HB 156                                                                
  SHORT TITLE: PUBLIC SCHOOLS & PUBLIC FACILITIES FUND                         
  BILL VERSION: SSHB 156                                                       
  SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                 
                                                                               
  TITLE: "An Act establishing the educational facilities                       
  maintenance and construction fund; and providing for an                      
  effective date."                                                             
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  02/15/93       346    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/15/93       346    (H)   HES, JUDICIARY, FINANCE                          
  02/15/93       346    (H)   -ZERO FISCAL NOTE  (REV)                         
                              2/15/93                                          
  02/15/93       346    (H)   GOVERNOR'S TRANSMITTAL LETTER                    
  02/22/93       411    (H)   SPONSOR SUBSTITUTE                               
                              INTRODUCED-NEW TITLE                             
  02/22/93       411    (H)   HES, JUDICIARY, FINANCE                          
  02/22/93       411    (H)   -ZERO FISCAL NOTE  (REV)                         
                              2/22/93                                          
  02/22/93       411    (H)   GOVERNOR'S TRANSMITTAL LETTER                    
  02/23/93              (H)   HES AT 03:00 PM CAPITOL 106                      
  03/02/93              (H)   HES AT 03:00 PM CAPITOL 106                      
                                                                               
  BILL:  HB 157                                                                
  SHORT TITLE: APPROP: PUBLIC SCHOOLS/FACILITIES FUND                          
  BILL VERSION: SSHB 157                                                       
  SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                 
                                                                               
  TITLE: "An Act making special appropriations to the                          
  educational facilities maintenance and construction fund and                 
  the mental health trust income account; and providing for an                 
  effective date."                                                             
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  02/15/93       347    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/15/93       347    (H)   HES, JUDICIARY, FINANCE                          
  02/15/93       347    (H)   GOVERNOR'S TRANSMITTAL LETTER                    
  02/22/93       412    (H)   SPONSOR SUBSTITUTE                               
                              INTRODUCED-NEW TITLE                             
  02/22/93       412    (H)   HES, JUDICIARY, FINANCE                          
  02/22/93       412    (H)   GOVERNOR'S TRANSMITTAL LETTER                    
  02/23/93              (H)   HES AT 03:00 PM CAPITOL 106                      
  03/02/93              (H)   HES AT 03:00 PM CAPITOL 106                      
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-27, SIDE A                                                           
  Number 000                                                                   
                                                                               
  CHAIR BUNDE called the meeting to order at 3:08 p.m.,                        
  announced he would chair the meeting, and noted members                      
  present.  He announced the calendar and that the meeting                     
  would be teleconferenced to Anchorage, Bethel, Delta                         
  Junction and Mat-Su.  He also noted that staffers from the                   
  Division of Motor Vehicles and the Department of Health and                  
  Social Services' (DHSS) Division of Alcohol and Drug Abuse                   
  were on-line via teleconference.  He then brought HB 136 to                  
  the table.                                                                   
                                                                               
  (Rep. Olberg arrived at 3:10 p.m.)                                           
  HB 136:  DRUNK DRIVING AND BREATH TEST OFFENSES                              
                                                                               
  Number 040                                                                   
                                                                               
  REP. VEZEY said he supported the bill, but the state might                   
  need to explore more creative ways to deal with drunken                      
  drivers.  He then moved passage of the House Health,                         
  Education and Social Services (HESS) committee substitute                    
  (CS) for HB 136 from the committee with individual                           
  recommendations.                                                             
                                                                               
  REP. BRICE objected, saying that he had an amendment to the                  
  bill.                                                                        
                                                                               
  CHAIR BUNDE asked Rep. Brice to read his amendment, but                      
  immediately reversed himself, saying that there was a motion                 
  on the floor that the committee needed to deal with first.                   
                                                                               
  REP. B. DAVIS disagreed with Chair Bunde, saying that if the                 
  motion passed, there would be no chance to consider                          
  amendments to the bill before the committee.                                 
                                                                               
  CHAIR BUNDE said the committee either had to defeat the                      
  motion on the floor to take up the amendments, or Rep. Vezey                 
  could withdraw his motion.                                                   
                                                                               
  Number 086                                                                   
                                                                               
  REP. VEZEY said he had no desire not to consider other                       
  amendments and withdrew his motion.                                          
                                                                               
  REP. NICHOLIA referred to an amendment to HB 136 she had                     
  distributed to committee members.  She read the amendment,                   
  the individual elements of which are listed as number one                    
  through eight, which are on file in the committee room.                      
                                                                               
  Number 185                                                                   
                                                                               
  CHAIR BUNDE asked if anyone would move the amendment.                        
                                                                               
  REP. BRICE moved passage of the amendment listed by Rep.                     
  Nicholia.                                                                    
                                                                               
  REP. TOOHEY asked if that was an appropriate time to voice                   
  objections to the amendment.                                                 
                                                                               
  CHAIR BUNDE said he would let Rep. Nicholia speak to her                     
  amendment, after which he would entertain questions and                      
  probably comments from the bill's sponsor, Rep. Mulder.                      
                                                                               
  Number 197                                                                   
                                                                               
  REP. NICHOLIA spoke to her amendment.  She said some alcohol                 
  treatment programs last as long as a year, and as long as a                  
  person was attending such facilities and complying with                      
  their requirements, that should be acceptable.  She said the                 
  bill would affect Bush Alaskans and she wanted people to be                  
  able to attend treatment programs in the Bush, which might                   
  be as long as a year.  She said some offenders might need                    
  limited driver's licenses not to get to work, but to care                    
  for sick relatives.  She expressed concern about her rural                   
  constituents.                                                                
                                                                               
  Number 239                                                                   
                                                                               
  REP. TOOHEY expressed concern with the problem of people                     
  being arrested for multiple driving while intoxicated (DWI)                  
  violations, and said the state should have to pay for only                   
  one.  She said all of the amendment's provisions would                       
  unacceptably raise the cost of HB 67.  She added that                        
  someone with sick relatives should spend their money on                      
  their relatives, not on liquor.  She said alcohol was no                     
  respecter of geographical differences.                                       
                                                                               
  REP. NICHOLIA asked the committee to disregard the question                  
  of a DWI offender needing to drive a mother with cancer to                   
  the hospital, and suggested the committee discuss the                        
  amendment as it concerned compliance with alcohol treatment                  
  programs.                                                                    
                                                                               
  Number 261                                                                   
                                                                               
  REP. VEZEY stated the amendment was contrary to the intent                   
  of the bill, and he did not equate enrollment into or                        
  compliance with an alcohol treatment program with completion                 
  of a program.  He therefore opposed the amendment.                           
                                                                               
  Number 271                                                                   
                                                                               
  REP. G. DAVIS expressed opposition to the amendment.  He                     
  said courts have discretion to allow for an individual's                     
  personal circumstances in sentencing a DWI offender to                       
  treatment programs of varying lengths and locations.  He                     
  also objected to the amendment for requiring various written                 
  proofs of enrollment, compliance with, and completion of an                  
  alcohol treatment program, as such provisions would add to                   
  the bill's administrative burden.                                            
                                                                               
  Number 290                                                                   
                                                                               
  JUANITA HENSLEY, CHIEF OF DRIVER SERVICES IN THE DIVISION OF                 
  MOTOR VEHICLES, DEPARTMENT OF PUBLIC SAFETY, testified from                  
  Anchorage via teleconference, making herself available to                    
  answer questions on HB 136.                                                  
                                                                               
  CHAIR BUNDE asked whether Ms. Hensley could comment on the                   
  impact of Rep. Nicholia's amendment on the fiscal notes for                  
  HB 136.                                                                      
                                                                               
  MS. HENSLEY said she did not believe that the two elements                   
  of the amendment (identified as numbers one and two in the                   
  committee files) would have any fiscal impact on the                         
  Division of Motor Vehicles.  In fact, the bill would help                    
  with some of the work burden the division has had since                      
  1991.                                                                        
                                                                               
  Number 311                                                                   
                                                                               
  REP. NICHOLIA corrected an earlier statement by Rep. G.                      
  Davis', saying her amendment required proof of compliance                    
  with, not completion of, an alcohol treatment and education                  
  program.  She also noted that HB 136 as written included                     
  requirements for completion of a treatment program "when                     
  appropriate," and asked for a definition of "appropriate."                   
  She also said requiring people to attend such programs would                 
  cause unemployment.                                                          
                                                                               
  CHAIR BUNDE invited the sponsor of the bill to address Rep.                  
  Nicholia's amendment.                                                        
                                                                               
  Number 324                                                                   
                                                                               
  REP. ELDON MULDER said he did not feel strongly either way                   
  about the amendment.  He agreed with the section of Rep.                     
  Nicholia's amendment equalizing the costs borne by offenders                 
  incarcerated in community residential centers across the                     
  state, as he did not intend for some offenders to pay more                   
  simply because they lived in an area of the state with                       
  higher costs.  He said he believed the state should limit                    
  limited driver's licenses to those convicted of one DWI, as                  
  the Division of Motor Vehicles had asked.  He said the                       
  division's current requirement that an offender complete an                  
  alcohol treatment program where appropriate would remain                     
  intact under HB 136.  He left the decision on the amendment                  
  up to the committee.                                                         
                                                                               
  Number 348                                                                   
                                                                               
  CHAIR BUNDE said he believed accepting enrollment in an                      
  alcohol treatment program as sufficient for receiving a                      
  limited license could be too large a loophole and enrollment                 
  did not guarantee any benefit.                                               
                                                                               
  REP. BRICE asked how long alcohol treatment programs                         
  generally last.                                                              
                                                                               
  REP. MULDER deferred to Ms. Hensley.                                         
                                                                               
  MS. HENSLEY said the length varied, but a first-time                         
  offender is normally referred to an eight-hour alcohol                       
  information school.  She said she had spoken with Emily                      
  McKenzie of the Alcohol Safety Action Program (ASAP) in                      
  Anchorage who said that patient compliance with the ASAP                     
  program had risen drastically, and fewer people were forced                  
  to return to court for noncompliance, since state law was                    
  changed to require completion of an alcoholism                               
  rehabilitation program.                                                      
                                                                               
  (Rep. Kott arrived at 3:27 p.m.)                                             
                                                                               
  Number 386                                                                   
                                                                               
  REP. BRICE asked whether treatment programs other than the                   
  eight-hour instruction program vary in duration.                             
                                                                               
  MS. HENSLEY answered yes.                                                    
                                                                               
  REP. BRICE asked if the programs lasted as long as one, two                  
  or five months.                                                              
                                                                               
  MS. HENSLEY said since January 1, 1991, when the Division of                 
  Motor Vehicles began issuing limited licenses and requiring                  
  proof of completion of programs, no first-time offender who                  
  had completed an alcohol program within 30 to 90 days after                  
  his initial license revocation had been denied a limited                     
  license, to her knowledge.                                                   
                                                                               
  Number 405                                                                   
                                                                               
  CHAIR BUNDE invited a representative from the Department of                  
  Corrections to testify.                                                      
                                                                               
  Number 410                                                                   
                                                                               
  DANA LATOUR, LEGISLATIVE LIAISON FOR THE DEPARTMENT OF                       
  CORRECTIONS, testified in Juneau, saying she was available                   
  to answer specific questions.                                                
                                                                               
  CHAIR BUNDE asked whether the department had a position on                   
  the amendment and on the possibility that a person might                     
  have to wait up to a year to receive a limited driver's                      
  license while completing an alcohol treatment program.                       
                                                                               
  MS. LATOUR said, "Chairman Bunde, I have met with about 52                   
  legislators, along with the commissioner, who feels very                     
  strongly about this bill and opportunity to provide alcohol                  
  programming to people while they are incarcerated.  And if                   
  licenses are limited following the first conviction, then                    
  he's assuming that if they're with us for 20 days or more                    
  there would be an opportunity at that point to have alcohol                  
  counseling provided through their CRC placement."                            
                                                                               
  Number 422                                                                   
                                                                               
  REP. NICHOLIA asked if the state, by granting limited                        
  licenses only to those who completed alcohol treatment                       
  programs, would be discouraging people from attending 30-day                 
  treatment centers.  She also asked whether a 30-day program                  
  was not better than a seven or a ten day program.                            
                                                                               
  MS. LATOUR said she was not an expert on alcohol treatment                   
  and could not answer.                                                        
                                                                               
  REP. NICHOLIA said maybe Ms. Hensley could answer the                        
  question.                                                                    
                                                                               
  Number 440                                                                   
                                                                               
  MS. HENSLEY said she was not an alcohol counselor and could                  
  not answer the question.  She said an existing statute                       
  required completion of an alcohol treatment program before                   
  the issuance of a limited license.                                           
                                                                               
  CHAIR BUNDE said the amendment would allow the division to                   
  grant limited licenses upon enrollment in and compliance                     
  with, not completion of, an alcohol education and treatment                  
  program.  He said the definition of compliance was the crux                  
  of the issue for him.                                                        
                                                                               
  Number 447                                                                   
                                                                               
  MS. HENSLEY noted that the law covers only first-time DWI                    
  offenders who agree to take a breath test.  She questioned                   
  whether the state would want to grant a limited license to a                 
  person whose breath test showed he exceeded legal blood                      
  alcohol content limits and who was shown to have an alcohol                  
  problem.  She said she considers a person's non-driving                      
  related alcohol history in deciding whether to grant a                       
  limited license.  The state superior court has declared that                 
  public safety outweighs even the limited driving privileges                  
  of an individual.  She asked whether the state wanted people                 
  who were bad off enough to require eight-hour or ten-day                     
  alcohol treatment on the road at all.                                        
                                                                               
  Number 464                                                                   
                                                                               
  CHAIR BUNDE asked whether first-time DWI offenders often                     
  need more than an eight-hour class.                                          
                                                                               
  MS. HENSLEY said she had no records to rely on in answering                  
  the question, though the Division of Alcohol and Drug Abuse                  
  might.  She said that in calendar year 1992, there were                      
  5,700 DWI arrests in Alaska, of which 1,200 were for second                  
  offenses, and the average blood-alcohol content of those                     
  arrested was 0.19 percent, while the state legal limit is                    
  0.10 percent.                                                                
                                                                               
  CHAIR BUNDE commented that lowering the limit to 0.08                        
  percent would be going against the tide.                                     
                                                                               
  REP. TOOHEY asked whether it was fair to assume that any of                  
  the 1,200 repeat DWI offenders had already attended an                       
  alcohol treatment program.                                                   
                                                                               
  MS. HENSLEY said the treatment program requirement for                       
  limited licenses only began in 1991, but the courts have                     
  required treatment of drivers arrested for DWI through the                   
  ASAP program.  She said, therefore, that the second-time                     
  offenders would have to have gone through some type of                       
  alcohol program.                                                             
                                                                               
  CHAIR BUNDE asked if the committee needed more information                   
  from alcohol counselors.                                                     
                                                                               
  Number 492                                                                   
                                                                               
  REP. VEZEY said he did not feel a need for additional                        
  testimony and called the question.                                           
                                                                               
  REP. B. DAVIS said the amendments needed more attention                      
  before a vote than they had received.  She said that it                      
  would be appropriate to have a representative from the                       
  Division of Alcohol (Division of Alcoholism and Drug Abuse                   
  in the DHSS) available to answer some of the committee's                     
  questions.  Rep. B. Davis also said that the sponsor's                       
  willingness to let the committee deal with the amendments                    
  might make it desirable to refer the bill to a subcommittee                  
  which could work with the sponsor and the Division of                        
  Alcohol.  She said the committee must consider the bill's                    
  effect on rural as well as urban Alaskans.                                   
                                                                               
  Number 508                                                                   
                                                                               
  REP. G. DAVIS said he saw some validity to the amendment.                    
  He agreed with part of the amendment that would have the                     
  Commissioner of Corrections set the costs of imprisonment in                 
  a CRC, but hoped it could be possible to allow such prices                   
  to be changed outside the normal regulation-setting process.                 
  Rep. G. Davis also suggested the committee have the                          
  amendments reviewed by experts on alcohol and the law.                       
                                                                               
  CHAIR BUNDE noted that Rep. Vezey had called the question,                   
  and asked for a roll call vote on the amendment presented by                 
  Rep. Nicholia.  Those voting yea were Reps. Toohey, Bunde,                   
  G. Davis, B. Davis, Nicholia and Brice.  Those voting nay                    
  were Reps. Vezey, Kott and Olberg.  The amendment PASSED                     
  6-3.                                                                         
                                                                               
  CHAIR BUNDE announced that the amendment had been adopted                    
  and that the committee was thenceforth discussing CSHB 136                   
  (HES) as amended.                                                            
                                                                               
  Number 540                                                                   
                                                                               
  REP. G. DAVIS MOVED passage of CSHB 136(HES) from the                        
  committee with individual recommendations.                                   
                                                                               
  CHAIR BUNDE called for objections.                                           
                                                                               
  REP. TOOHEY asked if there could be discussion.                              
                                                                               
  CHAIR BUNDE answered yes.                                                    
                                                                               
  Number 545                                                                   
                                                                               
  REP. TOOHEY objected, saying she wanted to have an expert on                 
  alcohol treatment come before the committee.  She expressed                  
  opposition to allowing people on the road who might kill                     
  others.  She said she would like to have a subcommittee and                  
  discuss the amendments with the author of HB 136.                            
                                                                               
  CHAIR BUNDE noted that the motion to move the bill out of                    
  committee with individual recommendations remained on the                    
  floor.                                                                       
                                                                               
  Number 555                                                                   
                                                                               
  REP. G. DAVIS recommended moving the bill because its next                   
  committee of referral was the Judiciary Committee.  He said                  
  there had been discussion in the last month about how to                     
  make changes to bills.  He said he had no problem in                         
  establishing a subcommittee to study the bill, though it                     
  would be the committee's first of the session.  He said the                  
  amendment, the sponsor's reactions to it, and the HESS                       
  Committee's concerns could be dealt with in the Judiciary                    
  Committee.                                                                   
                                                                               
  CHAIR BUNDE said the committee could attach a letter of                      
  intent to the bill.  He repeated that a motion had been made                 
  to move the bill from committee with individual                              
  recommendations.  He said that the objections had been                       
  noted, and asked for further discussion.  Hearing none, he                   
  asked for a roll call vote on whether to pass CSHB 136(HES)                  
  from the committee.  Those voting yea were Reps. Toohey,                     
  Bunde, G. Davis, Vezey, Kott, Olberg, Davis, Nicholia and                    
  Brice.  There were no nays.  Therefore, CSHB 136(HES) was                    
  MOVED FROM THE COMMITTEE WITH INDIVIDUAL RECOMMENDATIONS.                    
                                                                               
  Number 577                                                                   
                                                                               
  CHAIR BUNDE asked the committee whether it wanted to attach                  
  a letter to the bill recommending further discussion.                        
                                                                               
  REP. VEZEY said he believed such an action was the chair's                   
  prerogative.                                                                 
                                                                               
  CHAIR BUNDE said he would presume to do so.                                  
                                                                               
  REP. KOTT stated that, as a member of the Judiciary                          
  Committee, he strongly encouraged Chair Bunde to do so.                      
                                                                               
  REP. B. DAVIS told Chair Bunde that the committee could not                  
  pass along the bill before bringing a letter of intent back                  
  before the committee for its approval.                                       
                                                                               
  Number 580                                                                   
                                                                               
  REP. OLBERG said he believed any member of the committee                     
  members could send a memo to the chairman of the committee                   
  of next referral expressing points of interest.                              
                                                                               
  CHAIR BUNDE said his notice would not be a formal letter of                  
  intent, but rather a notification of individual concerns.                    
                                                                               
  REP. TOOHEY commented if there were any question, the                        
  committee could pass along relevant verbatim testimony to                    
  the next committee.                                                          
                                                                               
  CHAIR BUNDE brought HB 67 to the table and asked for a two                   
  minute limit on each individual's testimony.                                 
                                                                               
  TAPE 93-27, SIDE B                                                           
  Number 000                                                                   
  HB 67:  ELIGIBILITY FOR PUBLIC ASSISTANCE                                    
                                                                               
  CHAIR BUNDE noted that JAN HANSEN, DIRECTOR OF THE DIVISION                  
  OF PUBLIC ASSISTANCE IN THE HEALTH AND SOCIAL SERVICES                       
  DEPARTMENT, was available to answer questions.  He said                      
  there was an amendment to the bill.                                          
                                                                               
  REP. VEZEY stated that, as the committee had not yet adopted                 
  the committee substitute for HB 67, he moved the committee                   
  adopt the committee substitute.                                              
                                                                               
  CHAIR BUNDE noted objection to the motion, but did not name                  
  the member objecting.  He asked Rep. Vezey to speak to his                   
  motion.                                                                      
                                                                               
  Number 089                                                                   
                                                                               
  REP. VEZEY said the committee substitute was simple,                         
  deleting existing language in AS 47.25.320 paragraph B,                      
  which requires the department (of Health and Social                          
  Services) to apply the cost of living adjustment (COLA)                      
  annually to the Adult Public Assistance (APA) program.                       
                                                                               
  REP. BRICE said he had not been given an amendment, but a                    
  House bill.  He asked whether the specific lines and pages                   
  affected by the amendment had been broken out.                               
                                                                               
  CHAIR BUNDE said that it was his error.  He remarked that                    
  the committee had a committee substitute.                                    
                                                                               
  REP. BRICE said he had the CS, but had no way of                             
  (unintelligible).                                                            
                                                                               
  CHAIR BUNDE said the committee needed first to adopt the CS,                 
  then could amend it.  He repeated the motion to adopt the CS                 
  for HB 67.                                                                   
                                                                               
  Number 106                                                                   
                                                                               
  REP. B. DAVIS said she had just received the CS which was                    
  the subject of the vote.  She asked the chair if he was                      
  asking for a vote on the CS for discussion purposes only, or                 
  for a vote to adopt a CS that had only been provided to the                  
  committee a few minutes earlier.  She said she had lots of                   
  amendments prepared for the old bill and that the new CS did                 
  not address some things she wanted.  If the committee was                    
  going to have a new CS, she said, it seemed to her like it                   
  should be discussed with the committee to see what all                       
  members would want drafted.  She said the CS was identified                  
  as coming from the HESS Committee, and asked if Chair Bunde                  
  had requested it.                                                            
                                                                               
  CHAIR BUNDE answered no, it was a CS proposed by Rep. Vezey                  
  for the committee's discussion.                                              
                                                                               
  REP. B. DAVIS said she did not believe it was done properly.                 
  If Rep. Vezey had wanted to bring a draft in for discussion,                 
  it should have been brought in by him and not the committee.                 
  She said that a designation of a HESS CS indicated that                      
  Chair Bunde had it drafted.                                                  
                                                                               
  CHAIR BUNDE commented that when the bill then before the                     
  committee left the committee, it would be a bill drafted by                  
  the committee.                                                               
                                                                               
  REP. B. DAVIS repeated that the bill before the committee                    
  said HESS, not Rep. Vezey.                                                   
                                                                               
  CHAIR BUNDE said that, for the sake of expediting the                        
  discussion, Rep. B. Davis should consider the bill before                    
  the committee a HESS CS.  He said, "Before us is the                         
  question of adopting this CS for discussion and action."                     
                                                                               
  REP. B. DAVIS remarked, "Did you say for discussion?"                        
                                                                               
  CHAIR BUNDE replied, "And action."                                           
                                                                               
  Number 080                                                                   
                                                                               
  REP. KOTT asked for a brief explanation of the subsequent                    
  changes.  He said the accompanying letter said to delete                     
  Section 2, add Section ...                                                   
                                                                               
  CHAIR BUNDE interrupted, saying that was an amendment to the                 
  CS and that he should ignore it at the time, as the                          
  committee was discussing only the CS for HB 67.  He asked                    
  Rep. Vezey if he could answer the questions.                                 
                                                                               
  Number 089                                                                   
                                                                               
  REP. VEZEY said the CS was the same as the original bill,                    
  except that it deleted Section 2 of the original bill and                    
  renumbered the sections.  Section 6 of the CS repealed AS                    
  47.25.320 (D).  It also repealed AS 47.25.320 (E), which was                 
  also repealed in the original HB 67.  He said that,                          
  therefore, the only difference was that the CS eliminated                    
  the COLA provision for the assistance program.                               
                                                                               
  Number 106                                                                   
                                                                               
  REP. B. DAVIS stated that the new CS repealed the COLA,                      
  whereas the original HB 67 just suspended the COLA.  She                     
  wanted Rep. Vezey to explain what Section D of the CS would                  
  do, because she did not know what it was.                                    
                                                                               
  REP. VEZEY said Rep. B. Davis was correct, the CS for HB 67                  
  deleted Section 2 of HB 67 by adding in Section 6 of the CS                  
  the statement that AS 47.25.320 (D) was repealed.  He agreed                 
  that the new CS repeals the existing COLA provision and the                  
  proposed language that was in Section 2 of the original                      
  HB 67.                                                                       
                                                                               
  CHAIR BUNDE asked for further discussion.                                    
                                                                               
  REP. B. DAVIS asked questions about what was being deleted                   
  in the CS.                                                                   
                                                                               
  REP. VEZEY responded, "Paragraph E was repealed in the                       
  original bill.  I do not remember the wording in paragraph                   
  E."                                                                          
                                                                               
  REP. B. DAVIS asked, "What is D?"                                            
                                                                               
  REP. VEZEY stated, "..Paragraph D in existing statutes is                    
  the existing COLA provision.  The committee substitute                       
  proposes that that be deleted, and it also does not include                  
  the proposed revisions to paragraph D that were in the                       
  original HB 67.  So the committee substitute repeals any                     
  provision for a COLA in the assistance program."                             
                                                                               
  REP. B. DAVIS asked Chair Bunde to have someone from the                     
  Department of Health and Social Services speak to the                        
  changes.                                                                     
                                                                               
  CHAIR BUNDE agreed.  He called a two-minute at-ease so he                    
  could look up the specific section and share it with the                     
  committee.  He called the meeting back to order and invited                  
  Jan Hansen to testify.                                                       
                                                                               
  Number 160                                                                   
                                                                               
  JAN HANSEN, DIRECTOR OF THE DIVISION OF PUBLIC ASSISTANCE IN                 
  THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES, said she could                 
  speak to Section D, but could not remember Section E.                        
                                                                               
  CHAIR BUNDE asked her to speak to Section D, and said he                     
  would look up Section E.                                                     
                                                                               
  MS. HANSEN stated, "Mr. Chairman, in Section 6 of the                        
  committee substitute bill, AS 47.25.320 D is the section                     
  that was in the original bill as Section 2.  In that section                 
  of the statute there is the allowance for the cost of living                 
  allowance, and for the suspension of the cost of living                      
  allowance during FY94."                                                      
                                                                               
  CHAIR BUNDE said, "Section D, then, suspends COLA for one                    
  year?"                                                                       
                                                                               
  MS. HANSEN replied, "Mr. Chairman, that's correct.  Section                  
  D, as proposed in the original bill, prior to that, Section                  
  D provides for the cost of living increase."                                 
                                                                               
  Number 180                                                                   
                                                                               
  CHAIR BUNDE said Section E would be before the committee in                  
  a moment and called a brief at-ease.                                         
                                                                               
  REP. B. DAVIS said she would like to continue to question                    
  Ms. Hansen.                                                                  
                                                                               
  CHAIR BUNDE called the meeting back to order and said the                    
  questioning would continue.                                                  
                                                                               
  REP. B. DAVIS asked Ms. Hansen the fiscal impact of                          
  repealing COLA instead of suspending it for a year, as                       
  called for in the original HB 67.  She also asked whether                    
  the department's intention had not originally been to                        
  suspend COLA for one year.                                                   
                                                                               
  MS. HANSEN said there would be no fiscal impact of                           
  suspending COLA in FY94, as that was the intent of the                       
  original bill, but the impact would be felt in later years.                  
  She offered to comment on the issues at hand.                                
                                                                               
  CHAIR BUNDE invited her to proceed.                                          
                                                                               
  Number 200                                                                   
                                                                               
  MS. HANSEN said the Department of Health and Social Services                 
  had proposed suspending COLA for a year because of the need                  
  to contain costs of ever-growing welfare programs so as to                   
  have enough money to provide to those in need as much as the                 
  state could afford to pay.  The department also had an                       
  obligation to look after the poor and unable to care for                     
  themselves, she said.  Five years later, as the cost of                      
  living increased, recipients would be receiving benefits                     
  that were significantly lower than the poverty level, lower                  
  even than the current benefits, which, after allowing for                    
  the cuts contained in the bill and the suspension of COLA,                   
  would be 70 percent of the federal poverty level.  She said                  
  the CS version of HB 67 would eliminate the state mechanism                  
  by which the state maintains benefits at a certain                           
  percentage of the poverty level.                                             
                                                                               
  MS. HANSEN proposed alternatives that had been under                         
  discussion, including suspending the COLA for two or three                   
  years, or requiring COLA in years in which benefits would                    
  fall below a certain percentage of the federal poverty                       
  level.  She said she did not want to slow down progress of                   
  the bill, but it was important to express her concerns that                  
  the AFDC benefits met recipients' basic needs for the brief                  
  time most people received benefits.  She said if the benefit                 
  level fell to an unlivable level, families in crisis would                   
  be unable to do what they needed to find jobs and move off                   
  welfare.                                                                     
                                                                               
  Number 252                                                                   
                                                                               
  CHAIR BUNDE said future legislatures could increase AFDC                     
  payments if they wanted to, to address any situation in                      
  which benefit payments fell dangerously below the federal                    
  welfare level.                                                               
                                                                               
  MS. HANSEN agreed.                                                           
                                                                               
  Number 261                                                                   
                                                                               
  REP. OLBERG asked whether other states had COLA for welfare                  
  programs.                                                                    
                                                                               
  MS. HANSEN said Alaska was alone in providing such a COLA                    
  benefit.                                                                     
                                                                               
  REP. OLBERG asked how other states handled changes in                        
  benefit amounts.                                                             
                                                                               
  MS. HANSEN said that in most states, the state legislatures                  
  raise and lower rates through the regular legislative                        
  process.                                                                     
                                                                               
  REP. OLBERG asked Ms. Hansen to explain elements of the bill                 
  which appeared to reflect increases in the welfare benefit                   
  levels.                                                                      
                                                                               
  MS. HANSEN answered that the bill reads strangely because it                 
  amends the benefit levels set out in an original statute                     
  passed in 1982.  While repeated COLAs since 1982 have                        
  significantly raised the amount of welfare payments actually                 
  made, the payment standards in statute remain the same.                      
                                                                               
  REP. OLBERG asked whether he understood her to mean that the                 
  bill would bring the law up to date, based on the amounts                    
  that have grown due to COLA.                                                 
                                                                               
  MS. HANSEN said that was correct.  While it looked like an                   
  increase, it actually represented a rollback, she said.                      
                                                                               
  REP. OLBERG commented that HB 67 would leave welfare rate                    
  increases to the legislature.                                                
                                                                               
  MS. HANSEN agreed that the bill removes the automatic COLA                   
  increases.  She also noted that the committee substitute                     
  would repeal COLA for Aid to Families with Dependent                         
  Children (AFDC), but not for COLA for APA.                                   
                                                                               
  CHAIR BUNDE thanked her for pointing that out.                               
                                                                               
  REP. G. DAVIS said he felt cold enough about HB 67, and that                 
  the CS would create too many roadblocks to the bill.  He                     
  said COLAs are provided for many state government programs,                  
  and if it was necessary in any area, it would be for welfare                 
  recipients.                                                                  
                                                                               
  (Rep. Olberg departed at 4:13 p.m.)                                          
                                                                               
  Number 330                                                                   
                                                                               
  REP. TOOHEY asked whether state employees would continue to                  
  receive COLAs for their wages under the bill.                                
                                                                               
  (Rep. Olberg returned at 4:15 p.m.)                                          
                                                                               
  CHAIR BUNDE said state workers received COLA as a negotiated                 
  benefit in their employment contracts.  He passed out                        
  sections of state statutes concerning welfare payments.                      
                                                                               
  REP. BRICE asked how the AFDC program was funded.                            
                                                                               
  Number 353                                                                   
                                                                               
  MS. HANSEN answered that the state and federal governments                   
  split the cost of the AFDC program evenly, and the COLA                      
  benefit provided by the state increased the federal matching                 
  grant.                                                                       
                                                                               
  REP. BRICE asked if that meant the state was declining                       
  federal money by cutting COLAs.                                              
                                                                               
  MS. HANSEN answered that the bill would lower the amount of                  
  federal participation per individual, but the state would                    
  actually receive $124 million in matching funds for AFDC                     
  from the federal government in FY94, compared to $120 in                     
  FY93.                                                                        
                                                                               
  Number 370                                                                   
                                                                               
  REP. BRICE said repealing COLA for AFDC might prevent the                    
  state from receiving federal funds in future years.                          
                                                                               
  CHAIR BUNDE asked whether Rep. Vezey would comment on the                    
  information that his amendments would cut COLA for AFDC, but                 
  not for APA.                                                                 
                                                                               
  REP. VEZEY said he intended to propose amending CSHB 67 to                   
  repeal COLA for APA as well, if the amendment removing COLA                  
  for AFDC passed.                                                             
                                                                               
  Number 382                                                                   
                                                                               
  REP. BRICE asked Rep. Vezey whether he knew that APA                         
  provided service to the blind, disabled and aged, who were                   
  generally unable to work.                                                    
                                                                               
  REP. VEZEY said yes.                                                         
                                                                               
  CHAIR BUNDE repeated Rep. Vezey's motion to adopt the CS                     
  version of HB 67, and hearing no further discussion, asked                   
  for a roll call on the motion.  Those voting yea were Reps.                  
  Vezey, Kott, Olberg, Toohey, and Bunde.  Those voting nay                    
  were Reps G. Davis, B. Davis, Nicholia, and Brice.  The                      
  motion PASSED 5-4.                                                           
                                                                               
  REP. VEZEY moved an amendment to CSHB 67, to page 2, line                    
  25, which would insert a period after the word "recipients"                  
  and delete language through to page 3, line 1, ending with                   
  the phrase "USC 13.81 through 13.85."  He said the intent of                 
  the amendment was to repeal the COLA provisions for the                      
  Adult Public Assistance program.                                             
                                                                               
  CHAIR BUNDE asked for objection to the amendment, and                        
  hearing objections from at least two members, asked Rep.                     
  Vezey to speak to his amendment.                                             
                                                                               
  Number 400                                                                   
                                                                               
  REP. VEZEY said he believed legislatures had the prerogative                 
  to appropriate funds, and no future legislature could be                     
  bound by past legislatures, and if the funding for APA were                  
  to be increased it should be by legislative action.                          
                                                                               
  REP. BRICE asked Ms. Hansen how the cuts in COLA for APA and                 
  AFDC and the other cuts in welfare programs in CSHB 67 would                 
  cost the state in federal funds over the next five years.                    
                                                                               
  Number 410                                                                   
                                                                               
  MS. HANSEN said she could not make such projections because                  
  she could not determine what elements of federal funding                     
  might be directly attributable to not granting COLA.  She                    
  could only refer to FY94 figures, which showed a greater                     
  total outlay of federal funds.  She expressed the hope that                  
  there would be smaller caseloads in the future, but, with                    
  the increasing levels of need, the amount of federal money                   
  coming to the state for the programs would be the same as or                 
  greater than they were at that time.  She agreed, though,                    
  that the federal money would not include federal matches for                 
  COLA, and she did not know how much the potential loss would                 
  be.                                                                          
                                                                               
  REP. BRICE said that while the way to cut caseloads was to                   
  get people to work, programs supporting that aim, such as                    
  day care or child care assistance, were being cut.  He said                  
  that was a contradictory situation.                                          
                                                                               
  Number 438                                                                   
                                                                               
  REP. B. DAVIS stated that the legislature had the authority                  
  to suspend COLA already, but there was no guarantee that any                 
  future legislature would increase the rates.  She said the                   
  committee's earlier action would further impoverish women                    
  and children on welfare, and the committee was about to do                   
  the same to impoverished elderly and handicapped people.                     
  She encouraged the committee not to continue in the                          
  direction it had set out, and to vote down the amendment.                    
  She said the votes showed not that the legislators were                      
  fiscal conservatives, but that they were willing to balance                  
  the budget on the backs of women and children and those who                  
  could not speak for or help themselves.                                      
                                                                               
  Number 452                                                                   
                                                                               
  REP. B. DAVIS said, "I am totally against this, and I want                   
  to go on the record saying that I know that we all ran on                    
  the proposal to come down and do something about the budget,                 
  and there's lots of things that need to be done about the                    
  budget.  And I'm even willing to try to compromise to the                    
  point that I might even would have said, `Well, maybe we                     
  would suspend some of the COLA, or maybe we'd do some other                  
  things.' But to do all of these things is just, will be so                   
  harmful to people that can't help themselves, that I can't                   
  go along with the amendment that's on the floor."                            
                                                                               
  REP. TOOHEY asked Rep. B. Davis how the legislature could                    
  suspend COLAS.  She also asked if there were other federal                   
  programs or funds available to those blind or impaired APA                   
  recipients who would see COLA cut from their benefits so                     
  that they could continue to eat.  She directed the question                  
  to Ms. Hansen and to Rep. B. Davis.                                          
                                                                               
  Number 466                                                                   
                                                                               
  MS. HANSEN answered that federal funds for AFDC go to the                    
  state, which distributes them to recipients.  Recipients of                  
  APA receive supplemental security income from the federal                    
  government first, a benefit which has a cost of living                       
  allowance included.  Recipients also receive a state                         
  supplement.  Therefore, elderly people receive federal                       
  payment which still has a cost of living allowance included.                 
                                                                               
  REP. TOOHEY asked a clarifying question, that if the state                   
  cut COLA for APA, then recipients would remain at the same                   
  level of benefits, receiving federal funds and state funds                   
  in addition.                                                                 
                                                                               
  Number 478                                                                   
                                                                               
  MS. HANSEN said that cutting COLA would not reduce the                       
  current level of benefits.  She said APA recipients would                    
  receive a slight increase, because if their federal benefits                 
  increased through federal COLA, the state could not cut back                 
  its contribution.                                                            
                                                                               
  REP. B. DAVIS answered Rep. Toohey's earlier question about                  
  how the legislature could suspend COLA.  She said it could                   
  be done by passing a bill.  She said that cutting COLA would                 
  mean less money for welfare recipients to spend on food,                     
  clothing and shelter, regardless of any compensatory                         
  increase in federal benefits.                                                
                                                                               
  Number 500                                                                   
                                                                               
  CHAIR BUNDE called the question, whether to delete the COLA                  
  provisions for Adult Public Assistance, as Rep. Vezey moved                  
  in his amendment.  He called for a roll call vote.  Those                    
  voting yea were Reps. Toohey, Bunde, Vezey, Kott and Olberg.                 
  Those voting nay were Reps. G. Davis, B. Davis, Nicholia and                 
  Brice.  The motion PASSED 5-4.                                               
                                                                               
  CHAIR BUNDE said the committee was then considering CSHB 67                  
  as amended.                                                                  
                                                                               
  Number 505                                                                   
                                                                               
  REP. B. DAVIS introduced an amendment to set the AFDC                        
  benefits at the 1992 level instead of at the 1991 level as                   
  contained in CSHB 67.                                                        
                                                                               
  REP. G. DAVIS asked her to detail the changes in the bill                    
  caused by her amendment.                                                     
                                                                               
  REP. B. DAVIS detailed the changes her amendment would make                  
  in the benefit levels.                                                       
                                                                               
  CHAIR BUNDE asked where a particular change would go.                        
                                                                               
  REP. VEZEY answered his question.  He asked for help in                      
  following the amendment.                                                     
                                                                               
  CHAIR BUNDE read through the changes.                                        
                                                                               
  REP. B. DAVIS said she wanted to replace the amount of $98                   
  with $102, and the amount of $792 with $821, and the amount                  
  of $497 with $514.  She made other comments to help other                    
  committee members understand her amendments.                                 
                                                                               
  TAPE 93-28, SIDE A                                                           
  Number 000                                                                   
                                                                               
  REP. TOOHEY asked what effect the amendment might have.                      
                                                                               
  MS. HANSEN stated, "Yes, Mr. Chairman, I have it also. If                    
  any committee members have previous handouts we have it in a                 
  chart, I'm going to try to look at this chart and see the                    
  ... As proposed in the bill now, the total reduction would                   
  have been $10.7.  This would create a reduction of $6.022                    
  million.  I would have to do a subtraction to - it's the                     
  difference between those two figures which is the additional                 
  cost."                                                                       
                                                                               
  CHAIR BUNDE commented, "Ballpark $4 million."                                
                                                                               
  MS. HANSEN responded, "Ballpark is about $4 million, $4.7."                  
                                                                               
  Number 020                                                                   
                                                                               
  CHAIR BUNDE said he believed it would be necessary to see a                  
  fiscal note on the amendment before passing it out of                        
  committee.  He called for further discussion on the                          
  amendment, and hearing none, asked for a roll call.                          
                                                                               
  Number 025                                                                   
                                                                               
  REP. BRICE asked for a brief at-ease.                                        
                                                                               
  CHAIR BUNDE obliged, calling an at-ease at 4:33 p.m.  He                     
  called the meeting back to order at 4:38 p.m. and noted the                  
  amendment remained on the floor.                                             
                                                                               
  Number 045                                                                   
                                                                               
  REP. B. DAVIS spoke to her amendment.  She said she came to                  
  the meeting prepared with a series of amendments in hopes of                 
  compromising with the committee, agreeing to suspend the                     
  COLAs but eliminate the planned ratable reductions in                        
  benefit levels.  But after seeing present and future COLAs                   
  stripped from the programs, and given the bill's provisions                  
  to roll back benefit rates to the 1991 levels, she said it                   
  would be fair not to have to realize all of the bill's                       
  savings in one year.                                                         
                                                                               
  REP. B. DAVIS said, "And rather than base the COLAs on the                   
  91, I think they should be based on 92, to give a little bit                 
  more of a buffer to the people who have to live on welfare.                  
  We say we do this to welfare recipients, but we do it to                     
  children, because most of the people that's being served in                  
  public assistance are children.  This is one way to show                     
  that we feel that we have to have some cuts across the                       
  board, and yet not take everything away."                                    
                                                                               
  Number 077                                                                   
                                                                               
  REP. TOOHEY asked Rep. B. Davis how close her numbers come                   
  to the 1992 benefit figures.                                                 
                                                                               
  REP. B. DAVIS answered that her numbers were the same as the                 
  1992 figures.                                                                
                                                                               
  Number 082                                                                   
                                                                               
  REP. NICHOLIA spoke in support of Rep. B. Davis' amendments,                 
  saying that the bill would hurt her constituents, who live                   
  in rural areas where living costs are high.  "What you have                  
  done today is very, is detrimental to children.  Once again,                 
  two-thirds of the people that are going to be impacted by                    
  what we do with this bill are children.  And please remember                 
  that.  Because you're not doing it to me, you're not doing                   
  it to anybody here.  You're doing it to the children and                     
  those people that really depend on this money that's coming                  
  into their home."                                                            
                                                                               
  Number 101                                                                   
                                                                               
  REP. TOOHEY repeated that rolling back welfare benefits to                   
  the 1992 levels instead of the 1991 levels would still save                  
  $4 million.                                                                  
                                                                               
  MS. HANSEN said that the difference between rolling back                     
  benefits to 1991 levels and 1992 levels was about $4.7                       
  million.                                                                     
                                                                               
  REP. TOOHEY asked again whether the state, by sticking to                    
  1992 level benefits, would still save $4 million in FY94.                    
                                                                               
  MS. HANSEN said the FY94 budget was built assuming that                      
  welfare payments would be rolled back to the 1991 levels, as                 
  proposed in HB 67.  If HB 67 were amended to include a                       
  lesser rollback, that would mean the current budget as                       
  presented would not be enough to completely fund the AFDC                    
  program.                                                                     
                                                                               
  Number 128                                                                   
                                                                               
  CHAIR BUNDE said he would not want the bill passed out                       
  without a fiscal note if the amendment passed.  He announced                 
  that the committee would not be able to get to HB 156 and                    
  HB 157, and apologized to those in the audience who had been                 
  waiting.  He said the committee would notify them as soon as                 
  those bills were rescheduled, at the top of some future                      
  committee meeting calendar.                                                  
                                                                               
  REP. TOOHEY said she was still confused by Ms. Hansen's                      
  explanation of how cutting COLA would bring more federal                     
  money.                                                                       
                                                                               
  REP. OLBERG said the department budget reflected a ratable                   
  reduction to 1991 levels.                                                    
                                                                               
  MS. HANSEN said the reductions were to the 1991 levels for                   
  AFDC, and to 1990 levels for APA.                                            
                                                                               
  REP. OLBERG said the fiscal notes showing savings of $6                      
  million reflect those reductions.                                            
                                                                               
  Number 155                                                                   
                                                                               
  REP. BRICE said asked if it was not presumptuous for the                     
  governor's budget to assume the legislature would make                       
  budget cuts even before the legislature had met to consider                  
  those cuts.                                                                  
                                                                               
  MS. HANSEN said it was still possible to change the budget                   
  if necessary.                                                                
                                                                               
  REP. BRICE said it seemed like the department was putting                    
  the cart before the horse by not passing the bills cutting                   
  budgets before writing the budgets.                                          
                                                                               
  Number 173                                                                   
                                                                               
  CHAIR BUNDE noted that Rep. B. Davis' amendment, then on the                 
  floor, called for reductions in welfare benefits to 1992                     
  levels, instead of 1991 levels, as called for in CSHB 67.                    
                                                                               
  REP. NICHOLIA said the role of the House Health, Education                   
  and Social Services Committee was to weigh the impact of                     
  legislation on people, not the budget.                                       
                                                                               
  Number 180                                                                   
                                                                               
  CHAIR BUNDE called for a roll call vote on Rep. B. Davis'                    
  amendment.  Those voting yes were Reps. Nicholia, B. Davis                   
  and Brice.  Those voting nay were Reps. Toohey, Bunde, G.                    
  Davis, Vezey, Kott and Olberg.  The amendment FAILED 3-6.                    
                                                                               
  Number 196                                                                   
                                                                               
  REP. BRICE introduced an amendment to delay the effective                    
  date of the bill until 90 days after the Department of                       
  Health and Social Services mailed notification of the                        
  changes to welfare recipients.                                               
                                                                               
  REP. G. DAVIS said welfare recipients should be notified of                  
  any impending changes in their benefits as soon as possible.                 
                                                                               
  Number 229                                                                   
                                                                               
  REP. OLBERG asked whether the amendment would make the                       
  bill's effective date 90 days after the mailing of notices                   
  to recipients.                                                               
                                                                               
  REP. BRICE said, "Section 11 references Section 9, which                     
  references 30 days after June 1993."                                         
                                                                               
  REP. OLBERG read Section 11 of Rep. Brice's amendment.                       
                                                                               
  REP. BRICE read Section 9 of his amendment.                                  
                                                                               
  Number 246                                                                   
                                                                               
  CHAIR BUNDE asked Rep. Brice what he intended by the                         
  requirement in section 11 of his amendment regarding the                     
  revisor of statutes.                                                         
                                                                               
  REP. BRICE said that was a good question, and it would                       
  probably be necessary to pose it to the revisor of statutes.                 
                                                                               
  Number 255                                                                   
                                                                               
  REP. OLBERG said it would probably affect the effective date                 
  of the bill.  The revisor would plug in the effective date                   
  after the department mailed to welfare recipients the                        
  required notices of changes in benefits, he said.                            
                                                                               
  CHAIR BUNDE said the issue had been highly publicized to                     
  date.                                                                        
                                                                               
  REP. G. DAVIS asked Ms. Hansen whether the department had                    
  considered how to notify welfare recipients of changes in                    
  their benefits.                                                              
                                                                               
  MS. HANSEN answered that the department planned to notify                    
  clients 30 days before the reductions took effect, but no                    
  notice had been made to date, as the changes were only                       
  proposed and had not been passed by the legislature.                         
                                                                               
  Number 287                                                                   
                                                                               
  REP. BRICE said it could be late May or early June by the                    
  time a bill were passed and signed into law by the governor,                 
  leaving inadequate time for notice.  He said it would be                     
  humane to provide adequate notice of benefit changes.                        
                                                                               
  Number 300                                                                   
                                                                               
  CHAIR BUNDE said the department would be remiss to wait                      
  until such changes were passed by both houses of the                         
  legislature before beginning steps to notify recipients.                     
                                                                               
  REP. G. DAVIS said he understood the amendment would delay                   
  the effective date of the bill by 90 days, which would mean                  
  the loss of three months' worth of the cost savings intended                 
  in the bill.                                                                 
                                                                               
  REP. BRICE said the department could respond to that with                    
  some kind of estimate.                                                       
                                                                               
  Number 318                                                                   
                                                                               
  REP. TOOHEY asked Ms. Hansen for a ball-park estimate of how                 
  much a three-month delay would affect the proposed savings.                  
                                                                               
  MS. HANSEN explained if CSHB 67 were delayed by three                        
  months, that would mean a 25 percent cut in the bill's cost                  
  savings, or about $2.5 million.                                              
                                                                               
  Number 325                                                                   
                                                                               
  CHAIR BUNDE asked the will of the committee on Rep. Brice's                  
  amendment.  Hearing a call for the question, he asked for a                  
  roll call vote.  Those voting nay were Reps. Toohey, Bunde,                  
  G. Davis, Vezey, Kott and Olberg.  Those voting yea were                     
  Reps. B. Davis, Nicholia and Brice.  The amendment FAILED                    
  3-6.                                                                         
                                                                               
  CHAIR BUNDE announced that CSHB 67 was before the committee,                 
  and asked the will of the committee.  He heard a call for                    
  the question.                                                                
                                                                               
  REP. BRICE objected, saying that he had a proposed                           
  amendment.                                                                   
                                                                               
  CHAIR BUNDE said the committee would pass the bill out of                    
  committee that day.                                                          
                                                                               
  Number 333                                                                   
                                                                               
  REP. BRICE said he understood, but wished to propose an                      
  amendment to delay the effective date of the bill from July                  
  1, 1993, to January 1, 1994.  He moved passage of the                        
  amendment.  He said he intended to extend the COLA benefits                  
  to welfare recipients until the time when adjustments to the                 
  rate due to COLA would have otherwise taken effect.                          
                                                                               
  CHAIR BUNDE said that, as three months' delay in the bill's                  
  effective date had earlier been shown to represent $2.5                      
  million, then Rep. Brice's amendment represented $5 million.                 
                                                                               
  REP. OLBERG asked whether COLA was based on a calendar year.                 
                                                                               
  MS. HANSEN answered that it was.                                             
                                                                               
  Number 353                                                                   
                                                                               
  REP. BRICE said the intent of the amendment was to establish                 
  the starting date of the bill's effects at the start of the                  
  calendar year as well.                                                       
                                                                               
  CHAIR BUNDE repeated Rep. Brice's amendment to delay the                     
  effective date of CSHB 67 from July 1, 1993, to January 1,                   
  1994.  He called for a roll call vote.  Those voting nay                     
  were Reps. Toohey, Bunde, G. Davis, Vezey, Kott and Olberg.                  
  Those voting yea were Reps. B. Davis, Nicholia, Brice.  The                  
  amendment FAILED 3-6.                                                        
                                                                               
  REP. G. DAVIS moved passage of CSHB 67 out of the committee                  
  with individual recommendations.                                             
                                                                               
  CHAIR BUNDE noted objections to the motion and called for a                  
  roll call vote.  Those voting yea were Reps. Toohey, Bunde,                  
  G. Davis, Vezey, Kott and Olberg.  Those voting nay were                     
  Reps. B. Davis, Nicholia and Brice.  The amendment PASSED                    
  6-3.                                                                         
  CHAIR BUNDE declared CSHB 67(HES) PASSED OUT OF COMMITTEE                    
  WITH INDIVIDUAL RECOMMENDATIONS.  He apologized again to                     
  those in the audience who had waited to testify on HB 156                    
  and HB 157 and said the bills would be taken up at the                       
  committee's earliest convenience.  He then ADJOURNED the                     
  meeting at 5:00 p.m.                                                         

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