Legislature(1993 - 1994)

02/08/1993 03:00 PM 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                                      
                        February 8, 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                                                                         
                                                                               
  SPECIAL GUESTS                                                               
                                                                               
  Rep. Gail Phillips                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  *HB 114:  "An Act allowing the Board of Nursing to authorize                 
            an advanced nurse practitioner to dispense                         
            medical, therapeutic, and corrective measures."                    
                                                                               
            PASSED OUT WITH INDIVIDUAL RECOMMENDATIONS                         
                                                                               
  HB 79:    "An Act relating to recovery from a parent or                      
            legal guardian of wilful or malicious destruction                  
            of property by a minor."                                           
                                                                               
            PASSED OUT WITH INDIVIDUAL RECOMMENDATIONS                         
                                                                               
  *HB 97:   "An Act clarifying the responsibilities of the                     
            Department of Health and Social Services and                       
            parents for children who are committed to the                      
            custody of the department and are placed by the                    
            department with the parents; and providing for an                  
            effective date."                                                   
                                                                               
            PASSED OUT WITH INDIVIDUAL RECOMMENDATIONS                         
                                                                               
  *HB 2:    "An Act requiring drug and alcohol tests for                       
            school bus drivers."                                               
                                                                               
            PASSED OUT WITH INDIVIDUAL RECOMMENDATIONS                         
                                                                               
  *HB 100:  "An Act relating to criminal charges brought                       
            against minors."                                                   
                                                                               
            PASSED OUT WITH INDIVIDUAL RECOMMENDATIONS                         
                                                                               
  *HB 78:   "An Act relating to the testimony of children in                   
            certain criminal proceedings; and providing for an                 
            effective date."                                                   
                                                                               
            PASSED OUT WITH INDIVIDUAL RECOMMENDATIONS                         
                                                                               
  * First public hearing.                                                      
  WITNESS REGISTER                                                             
                                                                               
  REP. CYNTHIA TOOHEY                                                          
  Alaska State Legislature                                                     
  State Capitol, Room 104                                                      
  Juneau, Alaska 998101-1182                                                   
  Phone:  (907) 465-4919                                                       
  Position Statement:  Prime Sponsor of HB 114                                 
                                                                               
  PATRICIA HONG                                                                
  Alaska Nurses Association                                                    
  237 E. Third Ave. #3                                                         
  Anchorage, Alaska 99501                                                      
  Phone:  (907) 274-0827                                                       
  Position Statement:  Supported HB 114                                        
                                                                               
  DARYL YOUNG, Director                                                        
  Student Health Service                                                       
  University of Alaska, Anchorage                                              
  3211 Providence Drive                                                        
  Anchorage, Alaska 99501                                                      
  Phone:  (907) 786-4040                                                       
  Position Statement:  Supported HB 114                                        
                                                                               
  DR. DIXIE LIGHT                                                              
  P.O. Box 382                                                                 
  Houston, Alaska 99694                                                        
  Phone:  (907) 892-8804                                                       
  Position Statement:  Supported HB 114                                        
                                                                               
  SUE ANN JENKENSON, Member                                                    
  Alaska Nurses Association                                                    
  237 E. Third Ave.  #3                                                        
  Anchorage, Alaska 99501                                                      
  Phone:  (907) 274-0827                                                       
  Position Statement:  Supported HB 114                                        
                                                                               
  GAIL McGUILL, Executive Secretary                                            
  Board of Nursing                                                             
  3601 C St.                                                                   
  Anchorage, Alaska 99503                                                      
  Phone:  (907) 561-2878                                                       
  Position Statement:  Supported HB 114                                        
                                                                               
  KAY LAHDENPERA                                                               
  Municipality of Anchorage                                                    
  P.O. Box 196650                                                              
  Anchorage, Alaska 99519                                                      
  Phone:  (907) 343-4624                                                       
  Position Statement:  Supported HB 114                                        
                                                                               
  DR. PETER NAKAMURA, Director                                                 
  Division of Public Health                                                    
  Department of Health and Social Services                                     
  P.O. Box 110610                                                              
  Juneau, Alaska 99811-0610                                                    
  Phone:  (907) 465-3090                                                       
  Position Statement:  Supported HB 114                                        
                                                                               
  VINCE USERA                                                                  
  Assistant Attorney General                                                   
  Civil Division                                                               
  Department of Law                                                            
  P.O. Box 110300                                                              
  Juneau, Alaska 99811-0300                                                    
  Phone:  (907) 465-2398                                                       
  Position Statement:  Answered questions on HB 79                             
                                                                               
  DIANNE OLSEN                                                                 
  Assistant Attorney General                                                   
  Civil Division                                                               
  Department of Law                                                            
  P.O. Box 110300                                                              
  Juneau, Alaska 99811-0300                                                    
  Phone:  (907) 269-5100                                                       
  Position Statement:  Answered questions on HB 79                             
                                                                               
  DEBORAH WING, Director                                                       
  Division of Family and Youth Services                                        
  Department of Health and Social Services                                     
  P.O. Box 100630                                                              
  Juneau, Alaska 99801-0630                                                    
  Phone:  (907) 465-3191                                                       
  Position Statement:  Supported HB 97                                         
                                                                               
  REP. GAIL PHILLIPS                                                           
  Alaska State Legislature                                                     
  State Capitol, Room 216                                                      
  Juneau, Alaska 99811-1182                                                    
  Phone:  (907) 465-2689                                                       
  Position Statement:  Prime Sponsor of HB 2                                   
                                                                               
  GARY BADER, Director                                                         
  Division of Administrative Services                                          
  Department of Education                                                      
  801 W. 10th St.                                                              
  Juneau, Alaska 99801-1894                                                    
  Phone:  (907) 465-2875                                                       
  Position Statement:  Answered questions on HB 2                              
                                                                               
  KATHY WELTZIN                                                                
  Student Assistance Counselor                                                 
  Floyd Dryden Middle School                                                   
  10014 Crazy Horse Dr.                                                        
  Juneau, Alaska 99801                                                         
  Phone:  (907) 463-1850                                                       
  Position Statement:  Supported HB 100                                        
                                                                               
  SHERRIE GOLL, Lobbyist                                                       
  Alaska Women's Lobby                                                         
  P.O. Box 22156                                                               
  Juneau, Alaska 99802                                                         
  Phone:  (907) 463-6744                                                       
  Position Statement:  Opposed HB 100                                          
                                                                               
  DONNA SCHULTZ, Associate Coordinator                                         
  Division of Family and Youth Services                                        
  Department of Health and Social Services                                     
  P.O. Box 100630                                                              
  Juneau, Alaska 99801-0630                                                    
  Phone:  (907) 465-3191                                                       
  Position Statement:  Answered questions on HB 100                            
                                                                               
  RENA BUKOVICH                                                                
  Aide to Rep. Eileen MacLean                                                  
  Alaska State Legislature                                                     
  Room 507 Capitol Building                                                    
  Juneau, Alaska 99801-1182                                                    
  Phone:  (907) 465-672                                                        
  Position Statement:  Represented sponsor of HB 78                            
                                                                               
  JERRY LUCKHAUPT                                                              
  Legislative Legal Counsel                                                    
  Division of Legal Affairs                                                    
  Legislative Affairs Agency                                                   
  130 Seward St.                                                               
  Juneau, Alaska 99801-2105                                                    
  Phone:  (907) 465-2450                                                       
  Position Statement:  Drafted HB 78, answered questions                       
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB 114                                                                
  SHORT TITLE: DRUG DISPENSING:ADV. NURSE PRACTITIONERS                        
  BILL VERSION:                                                                
  SPONSOR(S): REPRESENTATIVE(S)                                                
  TOOHEY,Davies,MacLean,Bunde,B.Davis,James                                    
  TITLE: "An Act allowing the Board of Nursing to authorize an                 
  advanced nurse practitioner to dispense medical,                             
  therapeutic, and corrective measures."                                       
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  02/01/93       199    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/01/93       199    (H)   HES, LABOR & COMMERCE                            
  02/03/93       224    (H)   COSPONSOR(S): JAMES                              
  02/08/93              (H)   HES AT 03:00 PM CAPITOL 106                      
                                                                               
  BILL:  HB  79                                                                
  SHORT TITLE: DAMAGE TO PROPERTY BY MINORS                                    
  BILL VERSION:                                                                
  SPONSOR(S): REPRESENTATIVE(S) BUNDE,Toohey,Porter,                           
  Olberg,Green                                                                 
  TITLE: "An Act relating to recovery from a parent or legal                   
  guardian of wilful or malicious destruction of property by a                 
  minor."                                                                      
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/22/93       130    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/22/93       130    (H)   HES, JUDICIARY, FINANCE                          
  01/29/93       184    (H)   COSPONSOR(S): PORTER                             
  02/03/93              (H)   HES AT 03:00 PM CAPITOL 106                      
  02/05/93       240    (H)   COSPONSOR(S): OLBERG, GREEN                      
                                                                               
  BILL:  HB  97                                                                
  SHORT TITLE: PARENTAL CARE FOR CHILD IN STATE CUSTODY                        
  BILL VERSION:                                                                
  SPONSOR(S): HEALTH, EDUCATION AND SOCIAL SERVICES                            
  TITLE: "An Act clarifying the responsibilities of the                        
  Department of Health and Social Services and parents for                     
  children who are committed to the custody of the department                  
  and are placed by the department with the parents; and                       
  providing for an effective date."                                            
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/29/93       177    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/29/93       178    (H)   HES, JUDICIARY, FINANCE                          
  02/08/93              (H)   HES AT 03:00 PM CAPITOL 106                      
                                                                               
  BILL:  HB  2                                                                 
  SHORT TITLE: DRUG TESTING FOR SCHOOL BUS DRIVERS                             
  BILL VERSION:                                                                
  SPONSOR(S): REPRESENTATIVE(S) PHILLIPS                                       
  TITLE: "An Act requiring drug and alcohol tests for school                   
  bus drivers."                                                                
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/04/93        25    (H)   PREFILE RELEASED                                 
  01/11/93        25    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/11/93        25    (H)   HES, JUDICIARY, FINANCE                          
  02/08/93              (H)   HES AT 03:00 PM CAPITOL 106                      
                                                                               
  BILL:  HB 100                                                                
  SHORT TITLE: PROSECUTION OF JUVENILE FELONS                                  
  BILL VERSION:                                                                
  SPONSOR(S): REPRESENTATIVE(S) BUNDE,Green                                    
  TITLE: "An Act relating to criminal charges brought against                  
  minors."                                                                     
  JRN-DATE    JRN-PG                     ACTION                                
  01/29/93       178    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/29/93       178    (H)   HES, JUDICIARY                                   
  02/03/93       224    (H)   COSPONSOR(S): GREEN                              
  02/05/93       240    (H)   HES WAIVED 5-DAY  HEARING                        
                              NOTICE,RULE 23                                   
  02/08/93              (H)   HES AT 03:00 PM CAPITOL 106                      
                                                                               
  BILL:  HB  78                                                                
  SHORT TITLE: TESTIMONY OF MINORS IN CRIMINAL TRIALS                          
  BILL VERSION:                                                                
  SPONSOR(S): REPRESENTATIVE(S) MACLEAN,Toohey                                 
  TITLE: "An Act relating to the testimony of children in                      
  certain criminal proceedings; and providing for an effective                 
  date."                                                                       
  JRN-DATE    JRN-PG                     ACTION                                
  01/22/93       129    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/22/93       130    (H)   HES, JUDICIARY, FINANCE                          
  02/08/93              (H)   HES AT 03:00 PM CAPITOL 106                      
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-11A, SIDE A                                                          
  Number 000                                                                   
                                                                               
  CHAIR TOOHEY called the meeting to order at 3:08 p.m. and                    
  noted members present.  She announced that the meeting was                   
  being teleconferenced to Anchorage, but Barrow had not yet                   
  come on-line.  She reminded participants that, as there was                  
  no opposition to HB 114, it would be advisable to hurry                      
  through testimony on it.  She then turned over the chair's                   
  gavel to C-Chair Con Bunde, who invited Rep. Toohey to                       
  testify.                                                                     
  HB 114:  EXTEND TOURISM MARKETING COUNCIL                                    
                                                                               
  Number 064                                                                   
                                                                               
  REP. CYNTHIA TOOHEY testified as sponsor of HB 114.  She                     
  related the story of an Anchorage nurse practitioner who                     
  asked the state licensing bureau why she was not allowed to                  
  dispense medication, as most nurse practitioners are                         
  advanced registered nurses operating in the Bush and they                    
  are able to prescribe medicines, but are not allowed to                      
  dispense them.  She said the bill would allow advanced nurse                 
  practitioners (ANPs) to dispense medicines when there is no                  
  pharmacy available.  She cited 126 letters from advanced                     
  nurse practitioners about the bill, and a letter from state                  
  pharmacists showing no opposition.  She said the Indian                      
  Health Service uses many advanced nurse practitioners in                     
  villages, and to bar them from dispensing would do damage to                 
  the state.                                                                   
                                                                               
  Number 108                                                                   
                                                                               
  PATRICIA HONG, PRESIDENT OF THE ALASKA NURSES ASSOCIATION,                   
  testified from Anchorage in support of HB 114.  She urged                    
  support so that advanced nurse practitioners could continue                  
  the proven valuable services they provide to rural and                       
  indigent patients.                                                           
                                                                               
  DARYL YOUNG, DIRECTOR OF STUDENT HEALTH AT THE UNIVERSITY OF                 
  ALASKA-ANCHORAGE, testified from Anchorage in support of                     
  HB 114.  He said ANPs often need to dispense medications                     
  when there is no accessible pharmacy, or when clients cannot                 
  pay for medications and dispensation.  When ANPs can                         
  dispense medications, patients are more likely to obtain and                 
  take their medications.  The university student health                       
  center has 8,000 potential patients, many of them lacking                    
  money, health insurance, time and inclination to comply with                 
  medical orders.  Giving ANPs dispensary privileges, even in                  
  urban areas, will dramatically increase prompt and proper                    
  compliance with medical orders, he said.  He also noted that                 
  the drugs dispensed at the student health center are                         
  premeasured and prepackaged, and none are compounded                         
  on-site.                                                                     
                                                                               
  Number 183                                                                   
                                                                               
  CHAIR BUNDE noted that the Matanuska-Susitna Legislative                     
  Information Office (LIO) was on-line.  He asked witnesses to                 
  limit testimony to two minutes to save time.                                 
  Number 186                                                                   
                                                                               
  DR. DIXIE LIGHT, A FAMILY NURSE-PRACTITIONER, testified from                 
  the Mat-Su LIO.  She said her patients in the Mat-Su valley                  
  and north along the Parks Highway have little access to                      
  drugstores and therefore may wait days before going to town                  
  to fill the prescription, possibly too late.  The ability to                 
  prescribe supports her simple, rural practice, serving low-                  
  income patients with medical care and information.                           
                                                                               
  Number 202                                                                   
                                                                               
  SUE ANN JENKENSON, A MEMBER OF THE ALASKA NURSE PRACTITIONER                 
  ASSOCIATION (transmission partially unintelligible)                          
  testified from Anchorage in support of HB 114.  She said the                 
  change was necessary to provide complete care to patients                    
  too poor to buy medicines or live in rural areas far from                    
  pharmacies.  Nurse practitioners in Alaska have been able to                 
  practice independently since 1984, and to prescribe since                    
  1985, and dispensing would complement these abilities.                       
                                                                               
  Number 222                                                                   
                                                                               
  GAIL McGUILL, EXECUTIVE SECRETARY FOR THE ALASKA BOARD OF                    
  NURSING, testified from Anchorage in support of HB 114.  She                 
  said ANP dispensing does occur around the state.  A November                 
  1992 survey of nurse practitioners in Alaska showed that 55                  
  percent of the state's nurse practitioners dispense                          
  medicine, with 25 percent of nurse practitioners working in                  
  areas without pharmacies, and 22 percent in areas without                    
  physicians.  Ms. McGuill stated HB 114 would help prevent                    
  degradation of such services.  She said the Boards of                        
  Nursing and Pharmacy have cooperated to set parameters for                   
  ANP dispensing, and the parameters of ANP dispensation will                  
  be defined by Board of Nursing regulation.                                   
                                                                               
  Number 248                                                                   
                                                                               
  KAY LAHDENPERA, OF THE MUNICIPALITY OF ANCHORAGE, testified                  
  from Anchorage in support of HB 114.  She said the                           
  municipality has employed and used nurse practitioners since                 
  1984 and would be glad to see them win dispensing authority,                 
  the better to serve their clients.                                           
                                                                               
  Number 264                                                                   
                                                                               
  DR. PETER NAKAMURA, DIRECTOR OF THE DIVISION OF PUBLIC                       
  HEALTH, testified in support of HB 114.  He said it aids in                  
  access and cost containment.                                                 
                                                                               
  Number 272                                                                   
                                                                               
  CHAIR BUNDE closed public testimony and asked the will of                    
  the committee.                                                               
                                                                               
  REP. AL VEZEY moved passage of HB 114 from the committee                     
  with individual recommendations.                                             
                                                                               
  Hearing no objections to the motion, CHAIR BUNDE declared                    
  HB 114 PASSED WITH INDIVIDUAL RECOMMENDATIONS.                               
  HB 79:  DAMAGE TO PROPERTY BY MINORS                                         
                                                                               
  Number 281                                                                   
                                                                               
  REP. TOOHEY called an at-ease.  She then resumed the chair's                 
  gavel and brought to the table HB 79, held over from the                     
  previous week's meeting to satisfy a legal question.  She                    
  introduced VINCE USERA of the DEPARTMENT OF LAW to answer                    
  any legal questions from the committee.                                      
                                                                               
  REP. BUNDE moved passage of HB 79 out of the committee with                  
  individual recommendations.                                                  
                                                                               
  REP. B. DAVIS complained that HB 79 was not on the committee                 
  calendar, that she had not brought the bill folder, and that                 
  she did not know what the legal questions were.  She asked                   
  whoever had questions to pose them.                                          
                                                                               
  CHAIR TOOHEY said the reason HB 79 was held over was to                      
  answer legal questions on raising the damage level to                        
  $50,000 from $2,000, and that Mr.  Usera was available to                    
  answer any such questions.  She also noted that the meeting                  
  calendar gave notice that bills held over from previous                      
  meetings may be heard.                                                       
                                                                               
  Number  300                                                                  
                                                                               
  VINCE USERA, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW,                  
  said he saw no reason why the damage limit could not be                      
  raised.                                                                      
                                                                               
  CHAIR TOOHEY called a brief at-ease, then called the meeting                 
  back to order.                                                               
                                                                               
  Number 310                                                                   
                                                                               
  REP. VEZEY recalled previous questions from an insurance                     
  lobbyist about whether such property damage compensation                     
  payments could be claimed under homeowner's insurance                        
  policies.                                                                    
                                                                               
  Number 320                                                                   
                                                                               
  MR. USERA said he could not answer; it depended upon the                     
  specific insurance policy.  He said the current statute                      
  provided for separate civil action under which the victim of                 
  a juvenile could recover up to $2,000 and the only change in                 
  the new statute would be to raise the limit to $50,000.                      
                                                                               
  Number 336                                                                   
                                                                               
  CHAIR TOOHEY repeated the motion, and hearing no objections,                 
  declared HB 114 PASSED WITH INDIVIDUAL RECOMMENDATIONS.                      
  HB 97:  PARENTAL CARE FOR CHILD IN STATE CUSTODY                             
                                                                               
  Number 344                                                                   
                                                                               
  CHAIR TOOHEY brought HB 97 to the table.                                     
                                                                               
  DIANNE OLSEN, ASSISTANT ATTORNEY GENERAL IN THE HUMAN                        
  SERVICES SECTION OF THE DEPARTMENT OF LAW, testified from                    
  Anchorage, making herself available to answer questions on                   
  HB 97.  She referred to SB 396, from the 1992 legislative                    
  session, which was drafted in response to the Alaska Supreme                 
  Court decision on the case In re E.A.O.   That court                         
  decision indicated that the statute as constructed required                  
  the Department of Health and Social Services to retain                       
  responsibility to provide food, shelter, education and                       
  medical care for children it had removed from abusive homes                  
  and assumed legal custody of, even after they were returned                  
  to the family.  Ms. Olsen said that some attorneys in                        
  Anchorage representing parents have argued not only that the                 
  department is responsible for children's medical care, but                   
  also for first and last months' rent for housing, and for                    
  counseling not approved by the department.  She said the                     
  department had not contemplated assuming such responsibility                 
  and felt HB 97 might correct the situation.                                  
                                                                               
  Number 375                                                                   
                                                                               
  REP. VEZEY asked why HB 97 includes language restricting the                 
  state from assuming responsibility for granting a child                      
  permission to enlist in the armed services.                                  
                                                                               
  MS. OLSEN said she could not answer, but the enlistment                      
  language had been in the statute for years.                                  
                                                                               
  Number 388                                                                   
                                                                               
  CHAIR TOOHEY noted that a bill similar to HB 97, introduced                  
  by the House HESS Committee, passed both houses of the                       
  legislature without opposition in 1992, but died in the                      
  closing days of the session.  She said the sponsors of the                   
  bill last year felt there was a danger that, if children                     
  were not placed back with their families, the high cost of                   
  caring for children might discourage the state from assuming                 
  care for them.                                                               
                                                                               
  REP. BUNDE asked whether HB 97 should not carry a negative                   
  fiscal note, given that it might save the state the                          
  potential medical, educational and housing costs.  He also                   
  asked whether such potential bills were accounted for in the                 
  department's budget.                                                         
                                                                               
  MS. OLSEN answered that In re E.A.O involved a child whose                   
  medical bills exceeded $100,000.  She said she did not know                  
  whether, following the 1991 Supreme Court decision, the                      
  department had to pay such costs.  She said she thought the                  
  department had waited until after the decision to see about                  
  budgeting for such costs in hopes that last year's bill                      
  would pass.  She said a negative fiscal not was not                          
  appropriate.                                                                 
                                                                               
  Number 418                                                                   
                                                                               
  DEBORAH WING, DIRECTOR OF THE DIVISION OF FAMILY AND YOUTH                   
  SERVICES IN THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES,                    
  testified in support of HB 97.                                               
                                                                               
  REP. PETE KOTT asked for an example of a case in which,                      
  under current practice, the department would remove a child                  
  from his home, then return him.                                              
                                                                               
  MS. WING said it could happen that the Department of Health                  
  and Social Services could determine a child was in an unsafe                 
  home and remove him.  But after helping rectify the problems                 
  in the home, the department could return the child to the                    
  parents' physical custody, while still retaining legal                       
  custody.                                                                     
                                                                               
  REP. KOTT asked if the department might ever remove a child                  
  from one parent but later return him to a different parent,                  
  if the parents were divorced or separated, or even joined                    
  with other partners who might then be considered step-                       
  parents.                                                                     
                                                                               
  MS. WING answered that there is a potential for a child to                   
  be returned to a different home than the one from which he                   
  was removed.                                                                 
                                                                               
  (Rep. Gail Phillips arrived at 3:36 p.m.)                                    
                                                                               
  Number 446                                                                   
                                                                               
  REP. GARY DAVIS asked what responsibility the state would                    
  have for informing the parents of any medical problems their                 
  child might develop while in state custody.                                  
                                                                               
  MS. WING answered that if a removed child is found to have                   
  medical problems, then the department will (unintelligible)                  
  the parents upon the child's return to the home, as                          
  appropriate.  She said the question would remain as to the                   
  duration of the department's financial responsibility for                    
  medical care of the child while he was living in his                         
  parent's home, "until the department got out of a case plan                  
  with the child and family."                                                  
                                                                               
  REP. G. DAVIS noted that parents might be surprised by a                     
  child's potentially expensive medical condition upon his                     
  return.                                                                      
                                                                               
  MS. OLSEN said that was correct.                                             
                                                                               
  CHAIR TOOHEY asked for and received clarification from Rep.                  
  Davis on his question.                                                       
                                                                               
  Number 486                                                                   
                                                                               
  MS. WING added that if a child under state custody was found                 
  to have medical problems, then the state would notify the                    
  parents upon the child's return.  But because the state                      
  would not have fully dismissed its custody of the child, it                  
  would retain responsibility for the costs of medical                         
  treatment even after return to the home.                                     
                                                                               
  REP. KOTT asked where the statute indicates that the state                   
  would assume financial responsibility.  He said that creates                 
  a dangerous situation in which parents might unload children                 
  with severe medical problems into state custody.                             
                                                                               
  MS. WING agreed with Rep. Kott.  She said the state is now                   
  responsible for children in both their physical and legal                    
  custody, but HB 97 pertains to children in the state's legal                 
  custody but in their parents' physical custody.                              
                                                                               
  Number 505                                                                   
                                                                               
  REP. B. DAVIS expressed confusion about Ms. Wing's answers.                  
  She asked whether parents might be allowed to pay some of                    
  the costs of medical care for children even if the children                  
  are in the state's legal custody.                                            
                                                                               
  MS. WING answered yes.                                                       
                                                                               
  REP. B. DAVIS stated that the Department of Family and Youth                 
  Services (DFYS) is required to plan a way to return to                       
  parental custody any child for which it assumes legal                        
  custody.  She added that the parents are not kept ignorant                   
  of a child's medical condition while the child is under                      
  state custody.  She said the bill clarifies the fact that                    
  after a child returns to physical custody of the parents,                    
  the state would be relieved of responsibility for medical                    
  bills.                                                                       
                                                                               
  Number 537                                                                   
                                                                               
  REP. OLBERG asked again why HB 97 restricts the state from                   
  delegating authority to grant a child permission to enlist                   
  in the military.                                                             
                                                                               
  MS. WING said she would have to find the answer later.                       
                                                                               
  REP. VEZEY said he understood the bill to mean that the                      
  authority to grant permission to marry or enlist could not                   
  be delegated by the department.                                              
                                                                               
  Number 554                                                                   
                                                                               
  CHAIR TOOHEY said she read HB 97 to mean that the department                 
  could not grant a child under its custody permission to                      
  enlist; only the parents had that power to grant such                        
  permission.                                                                  
                                                                               
  REP. VEZEY said he interpreted HB 97 to read that parents                    
  whose children had been removed into state custody forfeited                 
  the authority to grant permission for military enlistment,                   
  which is required of 17-year-olds.  However, he acknowledged                 
  he may have read the bill incorrectly.                                       
                                                                               
  REP. BUNDE said it is likely the state does not want the                     
  power over a child's enlistment; that power must remain with                 
  the parents.                                                                 
                                                                               
  CHAIR TOOHEY, hearing no further questions, closed testimony                 
  on HB 97.                                                                    
                                                                               
  REP. B. DAVIS moved that the bill be passed with individual                  
  recommendations and a zero fiscal note.                                      
                                                                               
  Number 566                                                                   
                                                                               
  CHAIR TOOHEY, hearing no objections, declared HB 97 PASSED                   
  WITH INDIVIDUAL RECOMMENDATIONS.  She announced the                          
  teleconferenced portion of the meeting was concluded.                        
  HB 2:  DRUG TESTING FOR SCHOOL BUS DRIVERS                                   
                                                                               
  CHAIR TOOHEY brought HB 2 to the table and introduced Rep.                   
  Gail Phillips.                                                               
                                                                               
  TAPE 93-11A, SIDE B                                                          
  Number 000                                                                   
                                                                               
  REP. GAIL PHILLIPS testified as SPONSOR OF HB 2.  She said                   
  she introduced the bill to help insure the safe                              
  transportation of students to and from school, and that an                   
  identical bill died at the end of last year's legislative                    
  session.  The bill would require school districts or Rural                   
  Education Attendance Areas providing student transportation                  
  to establish a drug and alcohol testing program, including                   
  random testing at least once a year.  She said current state                 
  law provides for similar testing requirements in the case of                 
  an accident or when reasonable cause exists.  Though a                       
  Legislative Affairs Legal Services memo raised the                           
  possibility of challenges to the bill on probable cause                      
  grounds, some courts have allowed random tests when public                   
  interest is sufficiently great, Rep. Phillips said.  She                     
  said childrens' safety is of utmost public interest, and                     
  state law already provides for testing of truck drivers,                     
  pilots and train engineers.  Other states have passed                        
  similar laws.  She referred to a 1991 North Slope Borough                    
  drug testing policy and to a Legislative Research Agency                     
  report for more information.                                                 
                                                                               
  Number 068                                                                   
                                                                               
  REP. IRENE NICHOLIA asked how HB 2 would affect rural areas,                 
  and how rural districts would effect drug and alcohol tests.                 
                                                                               
  REP. PHILLIPS invited Department of Education officials to                   
  answer those questions.                                                      
                                                                               
  Number 082                                                                   
                                                                               
  GARY BADER, DIRECTOR OF ADMINISTRATIVE SERVICES FOR THE                      
  DEPARTMENT OF EDUCATION (DOE), said rural areas would take                   
  urine samples and mail them to testing labs.  The state                      
  would have to put out the testing services to bid to find a                  
  lab.                                                                         
                                                                               
  REP. NICHOLIA said her district includes many remote                         
  villages where mail service can take a week.                                 
                                                                               
  MR. BADER said the DOE would find a way to get the tests                     
  done properly.                                                               
                                                                               
  Number 100                                                                   
                                                                               
  REP. BUNDE asked how the districts would test for alcohol,                   
  which is also required under the bill.                                       
                                                                               
  CHAIR TOOHEY said urinalysis samples used in drug tests                      
  normally are good for 72 hours.  She also asked if all bus                   
  drivers in small villages are (unintelligible), and received                 
  an affirmative answer.                                                       
                                                                               
  REP. HARLEY OLBERG said some mail order urinalysis tests                     
  have additives that extend their viability for testing                       
  purposes to several days.                                                    
                                                                               
  Number 130                                                                   
                                                                               
  REP. VEZEY asked the impetus for the law.  He said Title 48,                 
  part 40, of the Code of Federal Regulations requires him, as                 
  an employer, to provide a drug-free workplace.  He asked why                 
  all employers are not subject to such laws.                                  
                                                                               
  REP. PHILLIPS said commercial bus drivers and other                          
  commercial drivers now must pass drug and alcohol testing,                   
  though school bus drivers do not in Alaska, even under new                   
  commercial driver's license requirements taking effect in                    
  April.                                                                       
                                                                               
  Number 156                                                                   
                                                                               
  REP. BUNDE asked why the testing did not require all school                  
  employees, including crossing guards.                                        
                                                                               
  REP. PHILLIPS said she would consider that a rhetorical                      
  question.                                                                    
                                                                               
  REP. OLBERG suggested it was because school bus drivers are                  
  not represented by the National Education Association (NEA).                 
                                                                               
  REP. PETE asked why the bill did not cover school crossing                   
  guards.                                                                      
                                                                               
  CHAIR TOOHEY said she believed the bill includes those who                   
  are in command of moving vehicles, including airplane                        
  pilots, train engineers, tractor drivers, and school bus                     
  drivers.                                                                     
                                                                               
  Number 172                                                                   
                                                                               
  REP. PHILLIPS said school crossing guards are often                          
  volunteers.                                                                  
                                                                               
  REP. KOTT raised the issue of randomness.  He said                           
  administering truly random tests, instead of a test at least                 
  once a year, would save money while still creating the fear                  
  of imminent unannounced testing that would encourage                         
  abstinence from drugs.                                                       
                                                                               
  REP. PHILLIPS said bus drivers should receive a test at the                  
  time of hiring.                                                              
                                                                               
  MR. BADER stated the random testing schedule laid out in the                 
  bill would serve as a deterrent nearly as good as true                       
  randomness.                                                                  
                                                                               
  REP. OLBERG noted that the fiscal note said each district                    
  would have to have its bus drivers tested at least once a                    
  year.                                                                        
                                                                               
  REP. NICHOLIA asked if HB 2 would affect boat or airplane                    
  drivers.                                                                     
                                                                               
  REP. PHILLIPS answered no.  She also referred to the North                   
  Slope Borough's testing law as an example of how rural                       
  districts have implemented such a program.                                   
                                                                               
  Number 225                                                                   
                                                                               
  REP. NICHOLIA asked about the likelihood of "probable cause"                 
  legal challenges.                                                            
                                                                               
  REP. PHILLIPS said she did not care about the privacy of a                   
  bus driver who is drunk or using drugs when weighed against                  
  the safety of children.  She said the fact that courts have                  
  upheld such laws in Alaska, and that other states have                       
  similar laws, far outweighs the possibility of violating a                   
  driver's privacy.                                                            
                                                                               
  Number 235                                                                   
                                                                               
  REP. NICHOLIA asked why no fiscal note reflected the cost of                 
  defending legal challenges.                                                  
                                                                               
  REP. PHILLIPS said she saw no need to budget for legal                       
  challenges she did not expect to receive.                                    
                                                                               
  Number 244                                                                   
                                                                               
  REP. VEZEY expressed concern that HB 2 implies that the 62                   
  school districts were not now in compliance with federal law                 
  to maintain drug-free workplaces.                                            
                                                                               
  MR. BADER said he felt the intent of the bill was to serve                   
  as a deterrent in addition to the laws already on the books.                 
                                                                               
  Number 270                                                                   
                                                                               
  REP. KOTT repeated his concerns about the randomness of                      
  testing as outlined in HB 2.                                                 
                                                                               
  Number 285                                                                   
                                                                               
  REP. B. DAVIS said the committee could attach a letter of                    
  intent regarding the randomness of the tests so that state                   
  regulations could address such questions.                                    
                                                                               
  Number 294                                                                   
                                                                               
  MR. BADER stated that the random nature of the tests needs                   
  only to be sufficient to be meaningful.                                      
                                                                               
  CHAIR TOOHEY closed public hearing on HB 2 and asked the                     
  will of the committee.                                                       
                                                                               
  REP. BUNDE moved passage with individual recommendations.                    
  Hearing no objections, CHAIR TOOHEY announced HB 2 PASSED                    
  WITH INDIVIDUAL RECOMMENDATIONS.  She then called a five                     
  minute at-ease at 4:10 p.m.                                                  
  HB 100:  PROSECUTION OF JUVENILE FELONS                                      
                                                                               
  Number 314                                                                   
                                                                               
  CHAIR TOOHEY called the meeting back to order at 4:15 p.m.                   
  and brought HB 100 to the table.                                             
                                                                               
  Number 317                                                                   
                                                                               
  REP. BUNDE, PRIME SPONSOR, testified in support of HB 100.                   
  He said it is an attempt to encourage young people to be                     
  responsible for their behavior.  The bill's thrust is to                     
  change the burden of proof in deciding how to deal with                      
  juveniles charged with major felonies.  The bill would lift                  
  the responsibility from the prosecution to show why a                        
  juvenile should be tried as an adult, to the defense to show                 
  why a juvenile should be tried as a juvenile, enjoying the                   
  confidentiality of records and release from incarceration at                 
  age 20.                                                                      
                                                                               
  REP. BUNDE noted that HB 100 does not eliminate the                          
  possibility of granting waivers to such juveniles, allowing                  
  them to be dealt with through the juvenile justice system.                   
  He said the bill stems from his experience of watching                       
  children go unpunished for their violations and gradually                    
  develop into incorrigible criminals.  By establishing                        
  serious consequences for juvenile offenders, the bill would                  
  help deter children from committing crimes, he said.                         
                                                                               
  Number 360                                                                   
                                                                               
  KATHY WELTZIN, STUDENT ASSISTANCE COUNSELOR AT FLOYD DRYDEN                  
  MIDDLE SCHOOL IN JUNEAU, testified in support of HB 100.                     
  She related that the had discussed the bill with school                      
  counselors, a vice principal, a principal, a police officer,                 
  and a public health nurse, all of whom work with children,                   
  and was surprised at their unanimous support for such a                      
  bill.  She was told that children need to be accountable;                    
  that the current system enables juvenile violators to                        
  continue criminal behavior; that children understand and                     
  exploit their advantages in the juvenile justice system; and                 
  that children view their nonage as a time to practice                        
  criminal techniques at low risk of serious punishment.  She                  
  said adults owe children "tough love" and clear boundaries                   
  for acceptable behavior.  She acknowledged that she did not                  
  ask children how they felt, and admitted she was remiss in                   
  not doing so.                                                                
                                                                               
  Number 395                                                                   
                                                                               
  MS. WING, DIRECTOR, DFYS, DEPARTMENT OF HEALTH & SOCIAL                      
  SERVICES, testified in favor of a bill to waive juvenile                     
  offenders into adult court.  She said the department would                   
  need clarification of language in the bill concerning where                  
  juvenile offenders would be housed while the decision was                    
  made as to where he would be tried.                                          
                                                                               
  REP. BUNDE agreed that the question of housing juvenile                      
  offenders was vague in light of the pending fate of a                        
  governor's proposal to create "boot camps" for them.  He                     
  noted that while judges are hesitant to place young                          
  offenders into adult jails, it was not clear what form                       
  juvenile facilities would take.                                              
                                                                               
  Number 414                                                                   
                                                                               
  REP. NICHOLIA mentioned that state law prohibits placing                     
  juveniles into adult prisons.                                                
                                                                               
  Number 420                                                                   
                                                                               
  SHERRIE GOLL, LOBBYIST FOR THE ALASKA WOMEN'S LOBBY,                         
  testified in opposition to HB 100.  She said she has long                    
  opposed such legislation, and argued that the current system                 
  allows judges to determine whether juvenile offenders should                 
  be tried as juveniles or waived into adult court.  She                       
  referred to a case in which police did not insist on having                  
  a juvenile's parents present during questioning, which led                   
  to the overruling of a judge's order to waive the juvenile                   
  into adult court, and blamed police, not the current system,                 
  for the error.  She said the juvenile justice system may                     
  need to be able to hold children in custody past the age of                  
  20 to allow for lengthy court proceedings.                                   
                                                                               
  Number 478                                                                   
                                                                               
  REP. BUNDE voiced a difference of opinion on fiscal notes                    
  for HB 100, in terms of how different state departments                      
  would be affected by the bill.  He said the decision to                      
  waive a juvenile into adult court must entail an additional                  
  hearing, contrary to the provisions of a similar state                       
  Senate bill that would not allow such a hearing.  He said                    
  erring on the side of caution, even at the cost of more                      
  time, would help ensure justice were done.  He said 15 and                   
  16 year olds are more sophisticated than in the past.  He                    
  expressed concern that juveniles released from the juvenile                  
  justice system at age 20, with records of their crimes                       
  sealed from public view, might pose a danger to the public                   
  at large, and referred to such a case in Alaska.                             
                                                                               
  Number 505                                                                   
                                                                               
  REP. NICHOLIA asked why there was no fiscal note from the                    
  Department of Law, and whether he had sought a position                      
  paper from the department.                                                   
                                                                               
  REP. BUNDE answered that there was a fiscal note from the                    
  Department of Administration, but he had not asked for one                   
  from the Department of Law.  He said he had spoken with                      
  legislative research and legal offices, which helped write                   
  the bill.  He said a sectional analysis was done by                          
  Legislative Legal Services.                                                  
                                                                               
  TAPE 93-11B, SIDE A                                                          
  Number 000                                                                   
                                                                               
  REP. BRICE asked for a prediction of the increase in jail                    
  populations through passage of HB 100.                                       
                                                                               
  REP. BUNDE said the support materials for the bill included                  
  numbers of people who might be tried, then either be waived                  
  into adult court or not.  He said four people were tried as                  
  adults in 1990 who might fall under this bill, six in 1989,                  
  and one in 1988.  He did not know how many people would be                   
  tried under the bill in the future, but predicted defense                    
  attorneys would work hard to see their juvenile clients                      
  tried in juvenile court.                                                     
                                                                               
  Number 030                                                                   
                                                                               
  REP. BRICE asked about housing alternatives for juvenile                     
  offenders other than the "boot camps" proposed by the                        
  governor.                                                                    
                                                                               
  REP. BUNDE said that, as state law bars incarcerating                        
  juveniles and adults in close proximity, it might be                         
  possible to place juvenile offenders in adult prisons but                    
  keep them separate.                                                          
                                                                               
  Number 050                                                                   
                                                                               
  REP. OLBERG said he could not imagine that housing would not                 
  be addressed in regulations that might be written to                         
  implement the bill.                                                          
                                                                               
  Number 070                                                                   
                                                                               
  DONNA SCHULTZ, ASSOCIATE COORDINATOR FOR DFYS, asked where                   
  juvenile offenders would be housed after arrest for crimes                   
  that might lead to eventual trial as an adult.                               
                                                                               
  REP. BRICE asked whether juveniles housed in the juvenile                    
  corrections system would need to be separated from other                     
  offenders convicted of lesser crimes.                                        
                                                                               
  Number 100                                                                   
                                                                               
  MS. SCHULTZ said juveniles are now held in juvenile                          
  facilities awaiting the waiver decision.  Once waived into                   
  adult court, the juvenile offenders are immediately sent to                  
  adult facilities.                                                            
                                                                               
  REP. BUNDE said he believed state law requires juvenile                      
  offenders to be held separately from adults.                                 
                                                                               
  Number 135                                                                   
                                                                               
  CHAIR TOOHEY closed testimony on HB 100 and asked the will                   
  of the committee.                                                            
                                                                               
  REP. OLBERG moved passage with individual recommendations.                   
                                                                               
  REP. NICHOLIA objected, citing a desire for a fiscal note                    
  and position statement from the Department of Law, and                       
  clarification of the housing questions.                                      
                                                                               
  REP. OLBERG said the offices of Public Advocacy and Public                   
  Defenders are part of the Department of Law, and asked                       
  whether their fiscal notes were not sufficient.                              
                                                                               
  Number 167                                                                   
                                                                               
  REP. BUNDE encouraged passage of HB 100, and said that other                 
  committees of referral might better answer such questions.                   
                                                                               
  CHAIR TOOHEY announced a roll call vote on the motion.  The                  
  vote was 6-2.  Those voting yea were Reps. Toohey, Bunde, G.                 
  Davis, Vezey, Kott, Olberg, B. Davis.  Those voting nay were                 
  Reps. Nicholia and Brice.  Therefore, HB 100 was PASSED OUT                  
  WITH INDIVIDUAL RECOMMENDATIONS.                                             
  HB 78:  TESTIMONY OF MINORS IN CRIMINAL TRIALS                               
                                                                               
  Number 187                                                                   
                                                                               
  House Bill 78 was brought to the table.                                      
                                                                               
  Number 190                                                                   
                                                                               
  RENA BUKOVICH, STAFF AIDE TO REP. EILEEN MACLEAN, PRIME                      
  SPONSOR, testified on HB 78.  She read the sponsor statement                 
  from Rep. MacLean (on file in the committee room) saying                     
  that current law allows courts to allow child victims or                     
  witnesses to testify via closed circuit television or                        
  one-way mirrors to allow effective communication and to                      
  avoid trauma to the child.  The bill would allow courts to                   
  extend those privileges up to the age of 16.  She said the                   
  U.S. Supreme Court has upheld such procedures as outweighing                 
  an accused's right to confront witnesses against him.                        
                                                                               
  MS. BUKOVICH said that a position paper on HB 78 from the                    
  Public Defender's office indicated that without compelling                   
  state interest, such a law suffers constitutional infirmity.                 
  She said the state's compelling interest now applied to                      
  those up to 13 years old and could be applied to those up to                 
  16 years old, at the judge's discretion.                                     
                                                                               
  Number 240                                                                   
                                                                               
  REP. VEZEY asked whether a juror might question the value of                 
  testimony from an invisible witness, and whether that might                  
  make it harder to win convictions.                                           
                                                                               
  MS. BUKOVICH said courts have ruled that such testimony is                   
  only allowed under special findings, and that there would be                 
  few cases in which it would be allowed; when 14 or 15 year                   
  olds would deserve protection from the trauma of testifying.                 
                                                                               
  Number 250                                                                   
                                                                               
  REP. BUNDE said testimony from a hidden witness might tend                   
  to prompt a juror's suspicion that the charges forcing such                  
  sequestration might be very serious.  He asked how many                      
  times there had been a need for testimony from a concealed                   
  witness in the past year.                                                    
                                                                               
  MS. BUKOVICH said she did not know, but the court system                     
  might.                                                                       
                                                                               
  REP. BUNDE asked what prompted the bill.                                     
                                                                               
  MS. BUKOVICH said the Maniilaq Association had asked for                     
  such a bill in response to some cases of 14 and 15 year-olds                 
  who experienced stress in testifying.                                        
                                                                               
  Number 282                                                                   
                                                                               
  REP. BUNDE foresaw the potential for extra stress for young                  
  people from small towns going to big cities to testify.                      
                                                                               
  REP. BRICE agreed with Rep. Vezey's concerns about the                       
  validity of a hidden witness' testimony.  He asked why the                   
  bill limited such protection at 16 years.                                    
                                                                               
  MS. BUKOVICH said keeping the limit to those below 16, the                   
  age at which youths can drive automobiles and otherwise                      
  behave in adult-like activities, avoids the question of                      
  whether they are children or adults.                                         
                                                                               
  Number 311                                                                   
                                                                               
  JERRY LUCKHAUPT, LEGISLATIVE COUNSEL WITH THE LEGAL AFFAIRS                  
  DIVISION, which drafted HB 78, said the U.S. Supreme Court                   
  has said the states have a legitimate interest in protecting                 
  children who may have to testify in court, and that the law                  
  does not guarantee face-to-face confrontation in all cases                   
  if it would result in stress for a child.  The availability                  
  of cross-examination and observation by the jury are enough                  
  to protect the accused's confrontation rights.  He said the                  
  age of 16 is the upper limit for many rights, such as                        
  unrestricted driver's licenses.                                              
                                                                               
  CHAIR TOOHEY said she supported HB 78, and that the judge                    
  has discretion to order a witness to testify in seclusion as                 
  a kindness to the child.                                                     
                                                                               
  Number 368                                                                   
                                                                               
  MR. LUCKHAUPT said judges instruct juries not to draw any                    
  conclusions as to the value of testimony delivered from a                    
  witness thus sequestered.  He said such protections would be                 
  infrequently used, but would be helpful.  He offered that in                 
  his experience as a prosecutor he would dismiss a case                       
  rather than require a child to suffer significant emotional                  
  harm by testifying before a defendant if he could not find                   
  any other evidence to effect a conviction.                                   
                                                                               
  Number 426                                                                   
                                                                               
  CHAIR TOOHEY closed public testimony on HB 78 and asked the                  
  will of the committee.                                                       
                                                                               
  REP. KOTT moved passage with individual recommendations.                     
                                                                               
  CHAIR TOOHEY, hearing no objection, declared HB 78 PASSED                    
  WITH INDIVIDUAL RECOMMENDATIONS.                                             
                                                                               
  There being no additional business before the committee,                     
  Chair Toohey ADJOURNED the meeting at 5:04 p.m.                              

Document Name Date/Time Subjects