Legislature(1993 - 1994)
03/17/1993 03:00 PM House HES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= 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.
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