Legislature(1993 - 1994)
03/17/1993 03:00 PM HES
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE March 17, 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. Harley Olberg Rep. Bettye Davis MEMBERS ABSENT Rep. Pete Kott Rep. Irene Nicholia Rep. Tom Brice COMMITTEE CALENDAR *HB 128: "An Act relating to early acknowledgement of paternity for the child of an unmarried mother." PASSED WITH INDIVIDUAL RECOMMENDATIONS *HB 122: "An Act eliminating a requirement that a court consider the findings and recommendations of a neutral mediator when awarding shared child custody." PASSED WITH INDIVIDUAL RECOMMENDATIONS HB 30: "An Act amending the definition of `municipality' for the purposes of the human services community matching grant program." HEARD AND HELD (* First public hearing.) Confirmation Hearings of various boards and commissions: BOARD OF CHIROPRACTIC EXAMINERS Patricia G. Connors-Allen, DC LeRoy D. Nordstrom, DC Glenne M. Ralls BOARD OF DISPENSING OPTICIANS Pamela L. Doerr Beverly J. Gilfillan Patricia Hedges-Gajdos BOARD OF EDUCATION Donald L. Fancher Judy L. Norton BOARD OF PHARMACY Charles J. Lastufka STATE PHYSICAL THERAPY AND OCCUPATIONAL THERAPY BOARD Pauline L. Bennett-Gannon Arlene C. Gerety Cary S. Keller, MD Lawrence W. Seethaler, LPT PROFESSIONAL TEACHING PRACTICES COMMISSION Brian L. Carter Richard E. Clevenger Peggy E. Conner Jones Fred L. Lau William A. McCain Marsha K. Van Abel BOARD OF PSYCHOLOGIST AND PSYCHOLOGICAL ASSOCIATE EXAMINERS Tyler D. Shaw Robb L. Stokes, Ph.D. BOARD OF CLINICAL SOCIAL WORK EXAMINERS Ken P. Fallon, Jr. MSW, ACSW Kris Jenkins BOARD OF MARITAL AND FAMILY THERAPY Mercy Dennis Randall G. Jones Dennis Schlotfeldt, Ph.D. R. Brock Shamberg, Esq. Elaine Stoneburner BOARD OF CERTIFIED DIRECT-ENTRY MIDWIVES Peggy A. Downing, MD Sydney Flint Kaye Kanne Paula Korn, CNM Pam Weaver BOARD OF NURSING Belle L. Cunningham, LPN Marion K. Lampman Betsy B. McCune, RN BOARD OF EXAMINERS IN OPTOMETRY Lynn J. Coon, OD Steven S. Dobson, OD Marilyn S. Porter BOARD OF VETERINARY EXAMINERS Virginia M. Johnson, DVM James Leach, III, DVM Barbara J. Marcisak UNIVERSITY OF ALASKA BOARD OF REGENTS R. Danforth Ogg Mary Jane Fate WITNESS REGISTER AL ZANGRI, Chief Bureau of Vital Statistics Department of Health and Social Services P.O. Box 110675 Juneau, Alaska 99811-0675 Position Statement: Testified in support of HB 128 SHERRIE GOLL, Lobbyist Alaska Women's Lobby P.O. Box 22156 Juneau, Alaska 99802 Phone: (907) 463-6744 Position Statement: Testified in support of HB 128 GLENDA STRAUBE Association of Children for Enforcement Support 1318 N St. Anchorage, Alaska 99501 Phone: (907) 278-0840 Position Statement: Testified in support of HB 128 CHRIS CHRISTENSEN, Staff Counsel Alaska Court System 303 K St. Anchorage, Alaska, 99501 Phone: (907) 264-8228 Position Statement: Testified in favor of HB 122 EMIL PORTSCHELLER JR. P.O. Box 2544 Palmer, Alaska, 99645 Phone: (907) 373-0831 Position Statement: Testified on HB 122, offering revisions VINCENT VITALE 725 Christensen Drive, Suite 3 Anchorage, Alaska 99501 Phone: (907) 276-7576 Position Statement: Testified on HB 122, offering revisions PREVIOUS ACTION BILL: HB 128 SHORT TITLE: EARLY ACKNOWLEDGEMENT OF PATERNITY BILL VERSION: SSHB 128 SPONSOR(S): REPRESENTATIVE(S) B.DAVIS,Toohey TITLE: "An Act relating to early acknowledgement of paternity for the child of an unmarried mother." JRN-DATE JRN-PG ACTION 02/05/93 235 (H) READ THE FIRST TIME/REFERRAL(S) 02/05/93 235 (H) HES, JUDICIARY, FINANCE 03/08/93 569 (H) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS 03/08/93 569 (H) HES, JUDICIARY, FINANCE 03/15/93 (H) HES AT 03:00 PM CAPITOL 106 03/15/93 (H) MINUTE(HES) 03/16/93 (H) HES AT 03:30 PM CAPITOL 106 03/17/93 (H) HES AT 03:00 PM CAPITOL 106 BILL: HB 122 SHORT TITLE: CHILD CUSTODY PROCEDURES BILL VERSION: SPONSOR(S): JUDICIARY TITLE: "An Act eliminating a requirement that a court consider the findings an recommendations of a neutral mediator when awarding shared child custody." JRN-DATE JRN-PG ACTION 02/03/93 215 (H) READ THE FIRST TIME/REFERRAL(S) 02/03/93 215 (H) HES, JUDICIARY 03/17/93 (H) HES AT 03:00 PM CAPITOL 106 BILL: HB 30 SHORT TITLE: HUMAN SERVICES MATCHING GRANTS BILL VERSION: SPONSOR(S): REPRESENTATIVE(S) BRICE,Sitton,Therriault, Davies,James TITLE: "An Act amending the definition of `municipality' for purposes of the human services community matching grant program." JRN-DATE JRN-PG ACTION 01/04/93 32 (H) PREFILE RELEASED 01/11/93 32 (H) READ THE FIRST TIME/REFERRAL(S) 01/11/93 32 (H) CRA, HES, FINANCE 01/15/93 92 (H) COSPONSOR(S): DAVIES, JAMES 02/09/93 (H) CRA AT 01:00 PM CAPITOL 124 02/09/93 (H) MINUTE(CRA) 02/10/93 284 (H) CRA RPT CS(CRA) 5DP 2NR 02/10/93 284 (H) DP: BUNDE, DAVIES, WILLIS,TOOHEY,OLBERG 02/10/93 284 (H) NR: SANDERS, WILLIAMS 02/10/93 284 (H) -2 ZERO FNS (DCRA, DHSS) 2/10/93 02/22/93 (H) HES AT 03:00 PM CAPITOL 106 03/15/93 (H) HES AT 03:00 PM CAPITOL 106 03/15/93 (H) MINUTE(HES) 03/16/93 (H) HES AT 03:30 PM CAPITOL 106 03/17/93 (H) HES AT 03:00 PM CAPITOL 106 ACTION NARRATIVE TAPE 93-38, SIDE A Number 000 CHAIR TOOHEY called the meeting to order at 3:08 p.m., noted members present, and announced the calendar. She brought HB 128 to the table. (Rep. Brice arrived at 3:10 p.m.) HB 128: EARLY ACKNOWLEDGEMENT OF PATERNITY Number 045 REP. BETTYE DAVIS spoke as PRIME SPONSOR of HB 128. She read a sponsor statement (on file in the committee room) which outlined the problems with establishing paternity for children born to unwed parents. She said HB 128 would require the state to have unwed parents sign a form with their name and social security numbers, allowing the child access to social security, survivor and veteran benefits, worker compensation, health insurance, inheritance and other benefits. It would make it easier for the state to collect child support payments from fathers. It would help fathers maintain the right to see their children regardless of their marital status. REP. DAVIS said there were 7,199 paternity verification cases pending with the Alaska Child Support Enforcement Division in December, 1992. She said the bill would save Alaska money, and cited the state of Virginia, which she said saved about $440 per case by establishing paternity through forms instead of court proceedings. She said Virginia's child enforcement division has saved about $126,700 for 228 hospitals. She noted the $12,600 fiscal note from the Department of Health and Social Services, which she said would be used to develop the necessary forms. Number 153 AL ZANGRI, CHIEF, BUREAU OF VITAL STATISTICS, DEPARTMENT OF HEALTH AND SOCIAL SERVICES (DHSS), testified in Juneau in support of HB 128, saying it would help the department accomplish what it already did. He handed out the brochure the department gave to new parents concerning the benefits of establishing paternity. Number 164 REP. BUNDE repeated for clarification that DHSS supported the bill and that new parents are more likely to acknowledge paternity and fill out forms. MR. ZANGRI said up to half of single parents at some hospitals were signing affidavits of paternity. He said the DHSS also worked with the state divisions of Child Support, Public Assistance and Family and Youth Services to get affidavits signed. Number 180 REP. BUNDE asked if DHSS had a position on section 2, paragraph 7, requiring hospitals to provide applications for public assistance. MR. ZANGRI said that hospitals already present such forms to unwed mothers, as it is in the hospitals' interest so that the hospital can get paid by the federal government for providing birth services. He said DHSS had no problem with the provision. Number 193 CHAIR TOOHEY expressed her preference to change the language of the bill, requiring public assistance forms to be provided to the mother if necessary. REP. B. DAVIS said forms would only go to those who qualified for Medicaid, and most single parents are already receiving Medicaid payments because they are receiving public assistance. Hospital staffers would know who should get what forms, she said. She stated hospital lobbyists told her that such paperwork is taken care of before maternity patients come into the hospital. She said the lobbyists said they had a problem with page 2, section 2, paragraph 3, and she had no objection to deleting that section, requiring hospital staffers to explain the benefits of establishing paternity, because the paternity forms would explain such benefits. REP. BUNDE clarified that she was speaking of section 2, paragraph 3. Number 225 REP. B. DAVIS moved deletion of section 2, paragraph 3. REP. VEZEY said he had a problem seeing what HB 128 would actually accomplish, or why unmarried fathers would hurry to sign paternity forms. CHAIR TOOHEY said there was a motion on the floor that needed to be addressed. Hearing no objection to the motion to delete section 2, paragraph 3, she declared the amendment passed. Number 248 REP. VEZEY moved deletion of all of section 2. REP. B. DAVIS objected, saying that would cut out the heart and guts of the bill. She attempted to explain the purpose of the bill, saying that if a mother on public assistance must identify the father of her child, a process which when done by the state child support division through the state court system costs the state about $500. The state can therefore save money if it can get parents, at the time of greatest pride and excitement about the birth of their child, to acknowledge paternity. Hospitals cooperate with such procedures to ensure their payment from public assistance for the cost of providing birth services. Child support agencies could also apply to have hospitals be paid for such services directly from federal funds, not state funds. REP. DAVIS said 66 percent of money paid out through such programs in other states is paid by the federal government, with the rest coming from state child support agencies, which are reimbursed by parents through child support payments. (Rep. Nicholia arrived at 3:21 p.m.) Number 276 REP. VEZEY said he did not propose deleting section 1, the provision for filling out forms, though he questioned what the bill would accomplish. He said he had proposed deleting section 2, which he interpreted as a mandate for private health care providers to provide counseling session. REP. B. DAVIS said hospital administrators had told her that they already voluntarily provided such counseling and did not consider it onerous. She said HB 128 would merely make uniform a common state-wide practice. She said about 27 hospitals in Alaska would be affected by the bill, and it would be helpful to provide them with at least minimum guidelines. Number 303 REP. G. DAVIS said he believed deletion of section 2, paragraph 3, would take care of the counseling issue. He said that providing pamphlets to unwed fathers was a small, low-cost step toward addressing the problem of fathers' unwillingness to assume responsibility. Number 331 REP. BUNDE asked if any hospital staffers planned to testify. REP. B. DAVIS answered no, but she had been in a teleconference with a hospital lobbyist and an administrator at Humana Hospital in Anchorage that morning and had already gotten a letter from Fairbanks supporting the bill. Number 343 CHAIR TOOHEY said new mothers are presented with stacks of pamphlets on infant care when they leave the hospital with their newborns, and one more form that would allow mothers to track the father for child support was a small price to pay. She said she thought HB 128 was a good bill. REP. KOTT said he was concerned with section 2, paragraph A, line 13, of HB 128, which required a qualified hospital staffer to meet with a new mother. He said he hoped that such a meeting was already common practice. He expressed concern that mandating such counseling between a physician and patient might constitute invasion of privacy. He asked whether the state did not already have paternity forms, and if so, how would the new forms be better. He also asked whether the proposed forms would indicate that providing an address and social security number was optional. Number 370 MR. ZANGRI said DHSS already had paternity forms that require parents to provide their social security numbers and addresses, not as an option. He said, in fact, that HB 128 would require the currently used form to be changed only slightly to indicate that it constituted acknowledgement and proof of paternity. The bill would primarily put into law what is already done at the direction of DHSS, he said. REP. OLBERG said he understood Rep. Kott's philosophical reservations, but said that if the state were paying for the birth, then it was entitled to ask for whatever information it wanted. He said the state had a legitimate interest in obtaining paperwork that would allow the state to recover costs from the federal government. Number 387 REP. VEZEY said he did not see how HB 128 was limited to those who were receiving public assistance. REP. OLBERG said he believed that an unwed mother was a likely candidate for public assistance. Number 398 REP. B. DAVIS said the bill was an effort to help establish the paternity of a child born to unmarried parents so the state could later collect child support payments from the fathers if the mother applied for public assistance. She said the bill was a step in the direction of the national trend relying on child support agencies to collect various government financial obligations from fathers, including child support and federal income taxes. She referred to a March 16, 1993, newspaper article saying that provisions such as those in HB 128 would help address the difficulties in collecting child support from fathers. She said unwed parents are more willing to acknowledge their children at the time of birth than later. Number 420 REP. BUNDE asked how the bill would apply to women who did not want to acknowledge the fathers of their children. MR. ZANGRI answered that both parents had to acknowledge paternity for a father to be listed on their child's birth certificate, which was proof of his paternal responsibilities. If one or the other parent refused to acknowledge the other as parent of the child, then the issue would go to court, he said. Number 439 REP. G. DAVIS asked Rep. B. Davis about the provisions in section 2 concerning prenatal counseling by the hospital. He asked whether such counseling could not be accomplished in the context of the patient-doctor relationship, not the patient-hospital relationship. REP. B. DAVIS said it was possible that paternity was already a topic subject to patient-doctor confidentiality. She said she knew of no mandate that such counseling had to be done by the physician. Number 458 REP. BUNDE called the question. CHAIR TOOHEY, hearing objection to the motion, called for a roll call vote on the motion to delete section 2 of HB 128. Those voting yes were Reps. Vezey and Kott. Those voting no were Reps. Bunde, G. Davis, Olberg, B. Davis, Nicholia, Brice and Toohey. The motion FAILED 2-7. Number 470 REP. BUNDE moved deletion of section 2, paragraph 7. He said hospitals should not be in the social welfare or social work business, and the paragraph makes hospitals de facto state employees. REP. B. DAVIS said she understood the reason for the amendment, but she disagreed. She said hospitals have social workers on staff to do just the kind of work the bill proposed. She did not, however, object to deleting the paragraph. She proposed amending the bill so that the staff social worker, not other hospital staffers, would offer the welfare applications to new mothers. REP. BUNDE agreed that the amendment would not hurt the bill, but he repeated his belief that the state should not pass statutes mandating hospital staffs perform social work. He repeated earlier statements that those who qualified for Aid to Families with Dependent Children would likely already be enrolled. CHAIR TOOHEY said hospitals are involved because they want to be paid, and if Medicare is not included in the process, they won't be. Number 499 REP. BUNDE said that he did not want to see hospitals drumming up welfare business to make money. REP. G. DAVIS said hospitals don't attract patients, they treat patients, then seek to be paid for the treatment. Number 507 REP. B. DAVIS said she did not mind cutting the paragraph, as hospitals would see to it somehow that the patients got the forms necessary to enroll in welfare programs. She expressed the desire to have the bill move out of committee. REP. BRICE suggested amending the paragraph to allow hospitals the option of providing the application forms or not. Number 515 REP. BUNDE questioned the need for a statutory requirement of providing the applications was already standard practice. REP. BUNDE moved deletion of section 2, paragraph 7, in HB 128 and asked for unanimous consent. CHAIR TOOHEY asked for objections to the motion and, hearing none, declared the motion PASSED. Number 529 REP. KOTT said he objected to section 2, lines 21-25. While most of the section required staff members to perform certain duties, he said, lines 21-25 directed the DHSS to prepare and distribute a pamphlet. He said the paragraph was poorly constructed, and he expressed a desire that it be addressed before passage from the committee. REP. B. DAVIS asked whether it was true that DHSS would have to prepare the pamphlets. Number 540 MR. ZANGRI answered that DHSS did distribute the pamphlets, but they were produced jointly with the Department of Revenue's Child Support Enforcement Division. He said the federal child support enforcement services also provided some funds for that purpose. REP. B. DAVIS said there was nothing wrong with having DHSS included in the paragraph. Number 546 CHAIR TOOHEY noted that the bill required that DHSS would only provide pamphlets, not become involved with the parents. SHERRIE GOLL, a lobbyist for the ALASKA WOMEN'S LOBBY, testified in Juneau in support of HB 128. She said the bill would help take advantage of the father's initial pride at the birth of a child to have him commit to assuming paternal responsibility. She said she was surprised that fiscal notes did not reflect probable savings from establishing paternity easily and early in a child's life. MS. GOLL stated, "Child support agency is required to do child support enforcement for any person who comes, even in the state, whether or not they are on welfare. And this will give the child the right to the father's name. We heard Children's Caucus today how important it was to have a child who knew who his or her father was, and I think there would be real benefit to this, and certainly fiscal benefit to the state. Thank you." Number 566 (Rep. Toohey left at 3:48 p.m.) REP. BUNDE assumed the chair, as Rep. Toohey had to leave the meeting for another appointment. GLENDA STRAUBE testified via teleconference from Anchorage on behalf of the ASSOCIATION OF CHILDREN FOR ENFORCEMENT SUPPORT (ACES) in support of HB 128. She said it is good for children to know who their fathers are. It is also good for the government to know the name and social security number of fathers, so that the fathers can take financial responsibility. TAPE 93-38, SIDE A Number 000 CHAIR BUNDE closed public testimony on HB 128 and invited discussion from the committee. Number 007 REP. NICHOLIA moved passage of HB 128 from the committee with individual recommendations. CHAIR BUNDE asked for objections, and, hearing none, declared HB 128 passed from the committee with individual recommendations, as amended. CHAIR BUNDE brought HB 122 to the table. HB 122: CHILD CUSTODY PROCEDURES Number 023 CHRIS CHRISTENSEN, STAFF COUNSEL for the ALASKA COURT SYSTEM, testified in Juneau on HB 122. He said the bill was introduced by the House Judiciary Committee at the request of the Alaska Supreme Court. He stated that while it should be a simple, noncontroversial bill, anything dealing with child care attracts attention. He read from his February 28, 1993, letter to the co-chairs of the House Health, Education and Social Services Committee (which is on file in the committee room). The letter summarizes the history of the state's mediation statute. A task force on mediation in 1990 recommended the statutory change contained in HB 122. When a court considers granting shared custody of a child to divorcing parents, he said, the court had to consider factors including the child's preference and needs, the stability of the home environment, and any findings of a neutral mediator. MR. CHRISTENSEN said HB 122 proposes to eliminate the requirement that a court consider the findings of a neutral mediator. The task force considered that the statute endangers the mediation process and contradicts the state Supreme Court's majority view that mediation communications should be confidential, he said. He also said that the court did not want mediators to make recommendations about how to resolve disputes, but to guide both sides to a mutual decision. He stated the basic problem was that the drafter of the statute confused mediation with arbitration. He defined an arbitrator as a third party who heard disputes and recommended to a judge which side should prevail. He defined a mediator as a facilitator who helps two sides resolve differences, if possible, but who makes no recommendations to a judge. Number 080 REP. VEZEY asked if the state Supreme Court often asked the legislature to repeal a law. MR. CHRISTENSEN answered that the constitution directs the Supreme Court to administer the judicial branch of government, and each year, the court submitted four or five bills, usually through the Judiciary Committee, which are usually technical changes to statutes directly affecting the courts. The court did not request changes concerning public policy, as those laws are outside its purview, he said. Requests for changes in law, such as the one contained in HB 122, are usually narrowly defined changes, he said. He noted that the bill arose from a specific legislative directive to deal with the issue. Number 106 EMIL PORTSCHELLER JR. spoke via teleconference from the Mat-Su on HB 122. He asked whether other public agencies had submitted testimony on HB 122, and said he would prefer to wait and testify after them. Number 127 VINCENT VITALE, an attorney in anchorage with 20 years' experience, half of that in family law, testified via teleconference from Anchorage, commenting on HB 122. He said he did not think a mediator's communications in a matter of family law were privileged, and that a judge could order a mediator to testify. He said some judges have ruled that the best interests of a child in a custody case overrode the confidentiality of a relationship between a patient and a psychologist or counselor. He said that, in the absence of a specific law, a mediator's communications would not be protected from a judge's order to testify. He agreed with Mr. Christensen that a mediator's communication ought to be kept confidential. MR. VITALE said he hoped HB 122 would confirm the distinction between a mediator and a guardian ad litem, under title 25.23.310, so that there was no inference drawn that advocates of children in divorce cases did not have free access to the court. He said the definition of mediator was clear, but it might be good to include it in the legislative history. He said if the committee wanted the statute to shield mediators from involvement in the litigation process, they should specifically state that parties entering mediation are guaranteed confidentiality. He also suggested soliciting input from three organizations: the Alaska Psychological Association, the Alaska Bar Association (ABA)'s Family Law Committee, and the Alaska Association of Family and Marital Therapists. Number 176 CHAIR BUNDE asked Mr. Vitale if he supported HB 122 in general. MR. VITALE said he had no problem with the bill as written, but he was offering suggestions to expand it. CHAIR BUNDE asked him to submit his testimony in writing. Number 188 REP. VEZEY asked if Mr. Vitale and a client would talk to a mediator knowing that the mediator might be forced to testify against his client in court. MR. VITALE answered that the lawyer was not involved in mediation. He said he would send a client to mediation with the knowledge that a mediator could be subpoenaed. He said he would prefer that a client could enter mediation with a guarantee that the proceedings were confidential. Number 210 REP. VEZEY repeated his question. MR. VITALE answered that sometimes mediation was preferable to litigation, because litigation discouraged parties to a dispute to make mediation work. Number 233 REP. VEZEY asked whether Mr. Vitale was testifying that HB 122 would be a disincentive to mediation. MR. VITALE said the bill was a step in the right direction, as it took the mediator out of the loop. He suggested again that the committee may want to talk with the ABA to consider giving mediators the confidentiality they lacked. REP. VEZEY remarked that the legislature could not override constitutionally protected privileges. MR. VITALE said there was no recognized privilege for a mediator, and he was not suggesting creating a new kind of privilege. He said the policy of the legislation ought to encourage mediation by granting mediators confidentiality. REP. VEZEY asked whether the legislature could determine for the judiciary what was privileged or not. MR. VITALE said he would not recommend the committee take action without consulting with the organizations he mentioned earlier. He again encouraged confidentiality, not a special privilege, for mediators. Number 255 MR. PORTSCHELLER testified in opposition to HB 122. He said the judiciary should keep in mind the best interests of children. He disputed Mr. Christensen's claim that HB 122 was a noncontroversial bill. He said the judiciary should not propose laws in the legislature. He opposed removing the requirement that a court consider a neutral mediator's findings and recommendations when awarding shared child custody. He said such statutes protect the interests of children, but do not include precise requirements that the courts follow recommendations from mediators or arbitrators in child custody cases. He wanted the law to require the courts to take note of such information for later reference. He said a statute that is little-used is not necessarily nonfunctional. He said shielding mediators was not an issue in HB 122, but requiring in statute the use of mediators in child custody cases worked toward the best interests of children. He suggested law to require judges to outline how they used information provided to make a child custody decision, including information from a mediator. He said the bill was a political move by the judiciary. He asked the committee not to pass HB 122, but to improve the court system's treatment of children in child custody cases. Number 335 CHAIR BUNDE asked Mr. Portscheller if he officially represented any groups. MR. PORTSCHELLER said he did not officially represent any group, but he had spoken with the Alaska Family Support Group, the Area-wide Community Service Council in the Mat-Su, and people "in the legal realm." Number 343 REP. NICHOLIA asked Mr. Portscheller to have those groups submit testimony for themselves. MR. PORTSCHELLER repeated that he was not officially representing any group, but his testimony agreed with their viewpoints. CHAIR BUNDE invited him again to submit his testimony in writing. Number 356 REP. VEZEY asked Mr. Portscheller his opinion of how the mediation process was supposed to work in child custody cases. MR. PORTSCHELLER said mediation can be used long before litigation to work out many points of conflict with less aggravation to both sides. He encouraged more employment of mediators and less interference by judges. Number 400 REP. G. DAVIS encouraged Mr. Portscheller to provide written testimony on HB 122 to the House Judiciary Committee. He asked if Mr. Portscheller objected to passage of the bill to the House Judiciary Committee. Number 410 MR. PORTSCHELLER said he had questions about the process by which the bill was presented to the legislature. He said he would have wished to hear more testimony from various interested organizations and individuals, and would have wished more public notice of the possibility of testifying by the public. Number 427 CHAIR BUNDE said the House Health, Education and Social Services Committee (HESS) had met the statutory five-day notice requirement. He said teleconferences are not done by invitation only; the public is always encouraged to participate, and he took offense at the implication that access to the HESS Committee had been restricted. He encouraged Mr. Portscheller and others to participate in the Judiciary Committee meeting by teleconference. MR. PORTSCHELLER said those in the Mat-Su had been told the teleconference was by invitation only, which gave rise to questions as to how to best provide information. Number 447 REP. G. DAVIS said the committee was concerned with the process and was looking for ways to improve it. CHAIR BUNDE, hearing no further requests for public testimony, closed public testimony on HB 122 and invited the committee's discussion on the bill. Number 451 REP. G. DAVIS moved passage of HB 122 from the committee with individual recommendations and asked for unanimous consent. CHAIR BUNDE asked for objections and, hearing none, declared HB 122 passed from the committee with individual recommendations. CHAIR BUNDE announced that the teleconferenced portion of the meeting was ended. He brought to the table the confirmations for various boards. CONFIRMATIONS Number 470 CHAIR BUNDE asked for public testimony on the appointees to the BOARD OF CHIROPRACTIC EXAMINERS: Patricia G. Connors- Allen, DC, of Juneau; LeRoy D. Nordstrom, DC, of Anchorage; and Glenne M. Ralls of Anchorage. Chair Bunde said the committee members had been provided resumes for the appointees. He asked the will of the committee. REP. VEZEY raised a point of order, asking whether it would not be more appropriate to address each individual, for the record. He said he was running behind the chair in following the names of appointees. CHAIR BUNDE said that was his intent. REP. VEZEY said he would be glad to move individual names for passage. CHAIR BUNDE stated, "Patricia Connors-Allen has been moved for approval by the chair. Discussion on this individual, please." He said the committee heard the names, then passed them to the Speaker of the House, and the full House would vote on the appointments. He said the committee members could not retain the appointments in committee, but were merely to hear testimony and discussion on the appointments and pass them along with recommendations of do pass, no recommendation, or do not pass. REP. VEZEY called the question. CHAIR BUNDE said, "You're moving that Ms. Connors-Allen be passed forward with individual recommendations?" REP. VEZEY replied, "Well, that's what I tried (unintelligible). I thought you made the motion. Would you like me to make the motion?" CHAIR BUNDE said, "I had moved for consideration and ..." Number 498 REP. VEZEY stated, "I will move that we pass the name of Patricia G. Connors-Allen out of the HESS Committee on to the body of the whole for approval as a member of the Board of Chiropractic Examiners." CHAIR BUNDE said, "With individual recommendations ..." REP. VEZEY replied, "With individual -- with no recommendations. Without recommendations." CHAIR BUNDE stated, "Without recommendations. Uh, is there any objection?" REP. G. DAVIS said the process might go faster if the committee members would study the list of appointees, then express objections to anyone on the form, if necessary. CHAIR BUNDE said the chair would prefer to go through the list name by name, rather than by groups. He said it might be easier for him to read the names and for members to voice any objections at that time. He said he heard no objections to Patricia Connors-Allen, and asked whether the committee's preference was to advance her name with no recommendations. He noted that it was possible to allow recommendations. Number 508 CHAIR TOOHEY asked for an at-ease. CHAIR BUNDE called the meeting back to order at 4:25 p.m., and said each member would be allowed to write a personal recommendation on each appointee if they desired. He said he would read the names into the record. He repeated that the committee could not prevent the advancement of any name. He said if any member wanted to persuade the committee concerning any recommendation, then they should stop him as he read the list. BOARD OF CHIROPRACTIC EXAMINERS Patricia G. Connors-Allen, DC - Juneau LeRoy D. Nordstrom, DC - Anchorage Glenne M. Ralls - Anchorage REP. BRICE asked whether Glenne Ralls was not a chiropractor. CHAIR BUNDE answered that Glenne Ralls was a public appointee to the board. Hearing no objections, he moved on to the Board of Dispensing Opticians. Number 525 BOARD OF DISPENSING OPTICIANS Pamela L. Doerr - Cordova Beverly J. Gilfillan - Anchorage Patricia Hedges-Gajdos - Fairbanks Number 536 REP. VEZEY asked why the committee was considering Beverly J. Gilfillan, as his information indicated that she had been appointed in 1992. CHAIR BUNDE answered that Ms. Gilfillan had never been confirmed. REP. B. DAVIS asked why Chair Bunde had skipped the Board of Dental Examiners. She then realized that the chair had a different list of boards than she did. CHAIR BUNDE said the Board of Dental Examiners would be heard Monday, March 29, 1993. BOARD OF EDUCATION Donald L. Fancher - Bethel Judy L. Norton - Eagle River TAPE 93-39, SIDE A Number 000 The committee members discussed the package containing resumes of the appointees to the various boards. BOARD OF PHARMACY Charles J. Lastufka - Anchorage STATE PHYSICAL THERAPY AND OCCUPATIONAL THERAPY BOARD Pauline L. Bennett-Gannon - Fairbanks Arlene C. Gerety - Anchorage Cary S. Keller, MD - Fairbanks Lawrence W. Seethaler, LPT - Anchorage PROFESSIONAL TEACHING PRACTICES COMMISSION Brian L. Carter - North Pole Richard E. Clevenger - Ketchikan Peggy E. Conner Jones - Anchorage Fred L. Lau - Nenana William A. McCain - Wasilla Marsha K. Van Abel - Anchorage BOARD OF PSYCHOLOGIST AND PSYCHOLOGICAL ASSOCIATE EXAMINERS Tyler D. Shaw - Eagle River Robb L. Stokes, Ph.D. - Sitka BOARD OF CLINICAL SOCIAL WORK EXAMINERS Ken P. Fallon, Jr. MSW, ACSW - Palmer Kris Jenkins - North Pole BOARD OF MARITAL AND FAMILY THERAPY Mercy Dennis - Anchorage Randall G. Jones - Anchorage Dennis Schlotfeldt, Ph.D. - Fairbanks R. Brock Shamberg, Esq. - Anchorage Elaine Stoneburner - Anchorage BOARD OF CERTIFIED DIRECT-ENTRY MIDWIVES Peggy A. Downing, MD - Palmer Sydney Flint - Fairbanks Kaye Kanne - Juneau Paula Korn, CNM - Anchorage Pam Weaver - Chugiak BOARD OF NURSING Belle L. Cunningham, LPN - Anchorage Marion K. Lampman - Anchorage Betsy B. McCune, RN - Eagle River BOARD OF EXAMINERS IN OPTOMETRY Lynn J. Coon, OD - Wasilla Steven S. Dobson, OD - Anchorage Marilyn S. Porter - Anchorage BOARD OF VETERINARY EXAMINERS Virginia M. Johnson, DVM - Anchorage James Leach, III, DVM - Big Lake Barbara J. Marcisak - Palmer CHAIR BUNDE said he knew Dr. James Leach and expressed confidence in his ability as a veterinarian and in his fitness to serve on the board. Number 106 UNIVERSITY OF ALASKA BOARD OF REGENTS R. Danforth Ogg - Kodiak Mary Jane Fate - Fairbanks REP. BRICE said Mary Jane Fate would offer valuable insight to some of the university's needs. CHAIR BUNDE announced that the committee would transmit the appointees' names to the Speaker of the House with the committee members' individual recommendations. He said the committee staff would provide copies of the transmittal letters to all members the next day. There being no further business, CHAIR BUNDE ADJOURNED the meeting at 4:44 p.m. CHAIR BUNDE then RECONVENED the meeting at 4:45 p.m. to hear HB 30. He brought HB 30 to the table. HB 30: HUMAN SERVICES MATCHING GRANTS REP. TOM BRICE spoke as PRIME SPONSOR of HB 30. He said the bill would allow second-class boroughs over 65,000 population participate in human services community matching block grant programs, and disqualifies from such programs cities which lie within boroughs that do participate in such programs. The effect of the bill would be to allow the Fairbanks North Star Borough (FNSB) to get into the community matching block grant program if the borough's voters voted to assume human services responsibilities for the borough. Number 161 CHAIR BUNDE asked if Rep. Brice had received support from the city and the borough. REP. BRICE said the bill packets included resolutions of support from the governments of the Fairbanks North Star Borough and the cities of Fairbanks and North Pole. Number 170 REP. VEZEY said he disagreed with Rep. Brice. He said the citizens of the FNSB have long resisted increasing government responsibility and attendant taxes. He called the bill an effort by the governments to use the chance for matching grant money to entice voters into accepting human services responsibilities. CHAIR BUNDE asked Rep. Vezey's reaction to the resolutions of support for HB 30. Number 200 REP. VEZEY responded that the FNSB had changed its position several times on the issue over the past 10 years, and that voters have more than once declined to pay more fees for more services. The city of North Pole was not really involved because it was not their tax base, he said. He stated that the city of Fairbanks was probably eager to have the FNSB remove the possibility that the city might have to assume human services responsibilities. REP. BRICE agreed that only those whose taxes paid for a service should be allowed to use it. He said the bill made it possible for the FNSB to receive matching grant funds if it chose to accept health care responsibilities, but did not mandate the borough take such responsibilities on. He said the bill would not raise the cost to the borough much, as the changes to the definition of the term "municipality" would allow many nonprofit corporations, when making applications to the federal government, to cite the entire borough as their service areas. Number 252 CHAIR BUNDE said he did not want to get entangled in the issue of imposition of services. He said he would feel more comfortable by having a teleconference to gather public testimony before making a decision. He announced his intention to hold the bill for a week so that a teleconference could be arranged. REP. B. DAVIS asked whether the House Community and Regional Affairs Committee (CRA) had had a teleconferenced hearing on HB 30. AN UNIDENTIFIED WOMAN'S VOICE answered that CRA had not had a teleconferenced hearing on HB 30. Number 272 CHAIR BUNDE announced his intention not to hold the bill indefinitely, but until there had been time for a teleconference to be arranged. REP. BRICE asked if the bill was held to a time certain, but he was not answered. CHAIR BUNDE then ADJOURNED the meeting a second time, at 4:53 p.m.