Legislature(2017 - 2018)CAPITOL 106

03/01/2018 03:00 PM HEALTH & SOCIAL SERVICES

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Audio Topic
03:03:25 PM Start
03:04:18 PM HB290
03:36:54 PM HB336
04:42:50 PM Presentation: Key Coalition
05:00:32 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 290 CRIMINAL JUSTICE COMMISSION: MEMBERSHIP TELECONFERENCED
Heard & Held
-- Testimony <Invited/Public> --
*+ HB 336 SUPPORTIVE DECISION-MAKING AGREEMENTS TELECONFERENCED
Heard & Held
-- Testimony <Invited/Public> --
+ Presentation: Key Coalition Legislative TELECONFERENCED
Discussion
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
      HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                     
                         March 1, 2018                                                                                          
                           3:03 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Geran Tarr                                                                                                       
Representative David Eastman                                                                                                    
Representative Jennifer Johnston                                                                                                
Representative Colleen Sullivan-Leonard                                                                                         
Representative Matt Claman (alternate)                                                                                          
Representative Dan Saddler (alternate)                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Ivy Spohnholz, Chair                                                                                             
Representative Bryce Edgmon, Vice Chair                                                                                         
Representative Sam Kito                                                                                                         
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 290                                                                                                              
"An Act relating to the membership of the Alaska Criminal                                                                       
Justice Commission; and providing for an effective date."                                                                       
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 336                                                                                                              
"An Act relating to supported decision-making agreements to                                                                     
provide for decision- making assistance; and amending Rule 402,                                                                 
Alaska Rules of Evidence."                                                                                                      
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PRESENTATION: KEY COALITION                                                                                                     
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 290                                                                                                                  
SHORT TITLE: CRIMINAL JUSTICE COMMISSION: MEMBERSHIP                                                                            
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/19/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/18       (H)       HSS, JUD                                                                                               
03/01/18       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 336                                                                                                                  
SHORT TITLE: SUPPORTIVE DECISION-MAKING AGREEMENTS                                                                              
SPONSOR(s): MILLETT                                                                                                             
                                                                                                                                
02/07/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/07/18       (H)       HSS, JUD                                                                                               
03/01/18       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
VALERIE DAVIDSON, Commissioner                                                                                                  
Office of the Commissioner                                                                                                      
Department of Health and Social Services (DHSS)                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 290 on behalf of the sponsor.                                                               
                                                                                                                                
HANS RODVIK, Staff                                                                                                              
Representative Charisse Millett                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 336 on behalf of the bill                                                                   
sponsor, Representative Millett.                                                                                                
                                                                                                                                
ANNE APPLEGATE, Program Coordinator                                                                                             
Governor's Council on Disabilities and Special Education                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during discussion of HB 336.                                                                   
                                                                                                                                
RICK BENJAMIN, Director of Organizational and Spiritual Wellness                                                                
Hope Community Resources                                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during discussion of HB 336.                                                                   
                                                                                                                                
IAN MINER                                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during discussion of HB 336.                                                                   
                                                                                                                                
JEANNE GERHARDT-CYRUS                                                                                                           
Governor's Council on Disabilities and Special Education                                                                        
Kiana, Alaska                                                                                                                   
POSITION STATEMENT:  Testified during discussion of HB 336.                                                                   
                                                                                                                                
LINDA GOHL                                                                                                                      
AARP                                                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during discussion of HB 336.                                                                   
                                                                                                                                
ART DELAUNE                                                                                                                     
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified during discussion of HB 336.                                                                   
                                                                                                                                
HEIDI KELLY, Executive Director                                                                                                 
Governor's Council on Disabilities and Special Education                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during discussion of HB 336.                                                                   
                                                                                                                                
MILLIE RYAN, Board Member                                                                                                       
Key Coalition of Alaska                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:  Presented  a PowerPoint  titled "Welcome  to                                                            
Key Campaign 2018."                                                                                                             
                                                                                                                                
SHELLY VENDETTI VUKOVICH                                                                                                        
Key Coalition of Alaska                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Shared her  personal  experiences with  the                                                            
Key Coalition.                                                                                                                  
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:03:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GERON  TARR called  the  House Health  and  Social                                                            
Services  Standing  Committee  meeting   to  order  at  3:03  p.m.                                                              
Representatives  Tarr, Johnston,  Saddler (alternate),  and Claman                                                              
(alternate) were  present at the  call to order.   Representatives                                                              
Sullivan-Leonard  and  Eastman  arrived  as  the  meeting  was  in                                                              
progress.  [Representative  Tarr  was  the  acting  chair  in  the                                                              
absence of Chair Spohnholz]                                                                                                     
                                                                                                                                
         HB 290-CRIMINAL JUSTICE COMMISSION: MEMBERSHIP                                                                     
                                                                                                                                
3:04:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR announced  that the  first order of  business                                                              
would be  HOUSE BILL NO. 290,  "An Act relating to  the membership                                                              
of the  Alaska Criminal Justice  Commission; and providing  for an                                                              
effective date."                                                                                                                
                                                                                                                                
3:04:34 PM                                                                                                                    
                                                                                                                                
VALERIE  DAVIDSON,  Commissioner,   Office  of  the  Commissioner,                                                              
Department of  Health and Social  Services (DHSS), stated  that HB                                                              
290  had  been  introduced  by  the  governor's  office,  and  she                                                              
paraphrased  from the  Sectional  Analysis  [Included in  members'                                                              
packets], which read:                                                                                                           
                                                                                                                                
     Section  1:  This  section  amends  AS  44.19.642(a)  to                                                                   
     increase the  number of members  of the Alaska  Criminal                                                                   
     Justice Commission  from 14 to 15 by adding  as a member                                                                   
     a resident  of the state  who has  been the victim  of a                                                                   
     felony  crime under  AS 11.  The  governor will  appoint                                                                   
     this  individual  for  a  three-year   term.  This  bill                                                                   
     further   amends    this   section   to    include   the                                                                   
     Commissioner  of  Health  and  Social  Services  on  the                                                                   
     Alaska Criminal Justice Commission as a voting member.                                                                     
                                                                                                                                
     Section 2: This  is a conforming amendment  to recognize                                                                   
     that the member  of the Commission who is  the victim of                                                                   
     a felony  crime serves at  the pleasure of  the governor                                                                   
     and may  be reappointed,  as is  currently the case  for                                                                   
     the  municipal  law  enforcement   and  victims'  rights                                                                   
     advocate members.                                                                                                          
                                                                                                                                
     Section  3:  Allows  for  an  immediate  effective  date                                                                   
     under AS 01.10.070(c).                                                                                                     
                                                                                                                                
COMMISSIONER   DAVIDSON  explained  that   the  addition   of  the                                                              
Commissioner  of  the Department  of  Health and  Social  Services                                                              
(DHSS)  as a  voting member  on  the commission  was necessary  as                                                              
there  was  influence   and  correlation  between   the  DHSS  and                                                              
Criminal Justice.   She pointed out that the  Division of Juvenile                                                              
Justice was  within the purview  of the  DHSS, and not  within the                                                              
Department   of  Corrections   (DOC).     She   stated  that   law                                                              
enforcement  worked  closely  with   the  division  and  that  any                                                              
changes  to  criminal  justice   laws  would  have  an  impact  on                                                              
juvenile  justice practices,  needs,  and resources,  particularly                                                              
for discretionary waivers.                                                                                                      
                                                                                                                                
COMMISSIONER  DAVIDSON  added  that changes  in  juvenile  justice                                                              
laws  could  have  an  impact  on   the  likelihood  of  juveniles                                                              
entering the  adult criminal system.   She stated  that experience                                                              
in Alaska,  as well as other states,  had shown that a  key aspect                                                              
for  reducing   recidivism  was  the  availability   of  treatment                                                              
services  for  substance use  disorders.    Both the  Division  of                                                              
Behavioral Health  with behavioral health grants  and the Medicaid                                                              
program  with payments  for  behavioral  health were  sources  for                                                              
treatment  funding.    She  reported   that  the  Alaska  Criminal                                                              
Justice Commission  was required by statute to  consider treatment                                                              
and  rehabilitation  programs  during   its  deliberations.    She                                                              
shared  that when  people left  the criminal  justice system,  the                                                              
opportunity for  access to medically assisted treatment  or health                                                              
care had a significant impact on the reduction of recidivism.                                                                   
                                                                                                                                
3:08:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked if  the  Commissioner  of DHSS  had                                                              
recently been added to the commission as a non-voting member.                                                                   
                                                                                                                                
COMMISSIONER  DAVIDSON offered  her belief  that this  had been  a                                                              
result of Senate Bill 54 during the special session.                                                                            
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  on how  many  boards  Commissioner                                                              
Davidson currently served.                                                                                                      
                                                                                                                                
COMMISSIONER  DAVIDSON  said  that  she currently  served  on  the                                                              
Alaska Housing  Finance Corporation board  and on the  Council for                                                              
Domestic  Violence  and Sexual  Assault,  as  well as  the  Alaska                                                              
Criminal Justice  Commission board.  She reported  that a designee                                                              
would attend when she was unable.                                                                                               
                                                                                                                                
REPRESENTATIVE SADDLER asked if this was all the boards.                                                                        
                                                                                                                                
COMMISSIONER   DAVIDSON  reported  that   DHSS  had   the  Suicide                                                              
Prevention  Council,   and  that   others  participated   on  that                                                              
council.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  SADDLER said  that  he wanted  to  make sure  that                                                              
this  additional  responsibility  was  not adding  too  many  more                                                              
duties.  He asked  which meetings she attended  and which meetings                                                              
she had a designee attend.                                                                                                      
                                                                                                                                
COMMISSIONER   DAVIDSON   said  that   she   would  provide   that                                                              
information.                                                                                                                    
                                                                                                                                
3:10:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN asked for clarification on the victims.                                                                  
                                                                                                                                
COMMISSIONER  DAVIDSON replied  that victim  was defined  under AS                                                              
12.55.185, a  person against whom  an offense has  perpetrated, or                                                              
a person  who is a  minor, incompetent,  or incapacitated  that is                                                              
living  in a spousal  relationship,  a parent,  an adult child,  a                                                              
guardian or  a custodian.  If the  victim is deceased,  then it is                                                              
the person living  in the spousal relationship, an  adult child, a                                                              
parent,  a  sibling,  or  a  grandparent   or  grandchild  of  the                                                              
deceased.                                                                                                                       
                                                                                                                                
REPRESENTATIVE   SADDLER  asked   if  criminal   activity  was   a                                                              
behavioral issue or a moral issue.                                                                                              
                                                                                                                                
COMMISSIONER DAVIDSON  offered her  belief that criminal  activity                                                              
was both,  and she  directed attention  to the corrections  system                                                              
in Alaska  where individuals were  dealing with behavioral  health                                                              
issues and substance use issues.                                                                                                
                                                                                                                                
3:13:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  suggested the  addition  of someone  from                                                              
the faith-based  community to the  commission in order to  share a                                                              
moral perspective.                                                                                                              
                                                                                                                                
REPRESENTATIVE  TARR  asked if  this  had  been considered.    She                                                              
pointed out that  the suggestion to have the  Commissioner of DHSS                                                              
on the board  had been a recommendation from  the Criminal Justice                                                              
Commission.                                                                                                                     
                                                                                                                                
COMMISSIONER   DAVIDSON   expressed   her   agreement   that   the                                                              
Commissioner of DHSS be added as a voting member.                                                                               
                                                                                                                                
REPRESENTATIVE    TARR   asked   if    there   were    any   other                                                              
recommendations.                                                                                                                
                                                                                                                                
COMMISSIONER  DAVIDSON said  that was the  only recommendation  to                                                              
add members to the commission.                                                                                                  
                                                                                                                                
3:14:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked   if  there  was  anyone  from  the                                                              
commission  to testify regarding  the intent.   He questioned  the                                                              
decision to  move the Commissioner  from a non-voting to  a voting                                                              
member in such a short time.                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR said that  there was  not anyone  on-line but                                                              
it could be suggested as a follow-up request.                                                                                   
                                                                                                                                
REPRESENTATIVE SADDLER expressed his agreement.                                                                                 
                                                                                                                                
COMMISSIONER DAVIDSON  offered that  the recommendation  to become                                                              
a  voting  member  had  been  forwarded  at  the  request  of  the                                                              
Behavioral  Health Sub-Committee  to the  Alaska Criminal  Justice                                                              
Commission.                                                                                                                     
                                                                                                                                
COMMISSIONER  DAVIDSON,   in  response  to   Representative  Tarr,                                                              
reported that the  Chair of the Commission was Greg  Razo, and the                                                              
Chair of the Behavioral Health Sub-Committee was Steve Williams.                                                                
                                                                                                                                
REPRESENTATIVE  TARR  said that  there  should be  public  minutes                                                              
from the commission meeting.                                                                                                    
                                                                                                                                
COMMISSIONER  DAVIDSON  expressed   her  agreement,  although  the                                                              
minutes  from the  meeting at  which  this was  discussed may  not                                                              
have yet been approved.                                                                                                         
                                                                                                                                
3:16:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN directed  attention  to page  2, line  25,                                                              
which  specifically stated  that  the new  position being  created                                                              
would  serve at  the pleasure  of the  governor, and  he asked  if                                                              
this  was duplicative  language  and would  it still  be the  case                                                              
even if this language was deleted.                                                                                              
                                                                                                                                
COMMISSIONER  DAVIDSON replied  that,  typically  with boards  and                                                              
commission, those  positions were  nominated and appointed  by the                                                              
governor's office  unless specifically  outlined as  designated by                                                              
positions or other appointment.                                                                                                 
                                                                                                                                
3:17:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  offered  his belief  that  this  language                                                              
would  allow   the  government   to  terminate  the   position  if                                                              
displeased.                                                                                                                     
                                                                                                                                
COMMISSIONER DAVIDSON  read from the  proposed bill, page  2, line                                                              
13:   "a  resident of  the  state who  has  been the  victim of  a                                                              
felony crime  under AS 11 appointed  by the governor for  a three-                                                              
year  term."   She  allowed that  most governors  recognized  that                                                              
reasonable  people can disagree,  and she  pointed out  that there                                                              
had  been  instances  in  which  members  of  a  commission  voted                                                              
differently  than the  governor, but  that she  had not seen  this                                                              
governor  replace people  "willy-nilly."   She  declared that  the                                                              
benefit of  a state-wide commission  or advisory committee  was to                                                              
get a balanced perspective from across the state.                                                                               
                                                                                                                                
3:19:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  suggested   that,  when  serving  at  the                                                              
pleasure  of  the  governor,  an appointee  would  vote  with  the                                                              
Governor's desires.                                                                                                             
                                                                                                                                
COMMISSIONER  DAVIDSON  asked  whether  she  was  referring  to  a                                                              
different version  of the bill, and  she read:  "appointed  by the                                                              
governor for a three-year term."                                                                                                
                                                                                                                                
3:19:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR   offered  her  belief   that  Representative                                                              
Eastman's  reference  to page  2,  line 25  of  the proposed  bill                                                              
referenced  the   existing  statute   which  created   the  Alaska                                                              
Criminal Justice  Commission and was not what  was being addressed                                                              
by the proposed  bill.  She relayed that during her  work with the                                                              
commission, one  of the representatives had been  very independent                                                              
with their positions.                                                                                                           
                                                                                                                                
3:21:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   EASTMAN  directed   attention  to  the   position                                                              
described on  page 2, line 13,  and stated that this  position was                                                              
characterized  on page  2, line  25, as  one that  "serves at  the                                                              
pleasure of the governor."                                                                                                      
                                                                                                                                
REPRESENTATIVE  TARR  opined  that,   as  this  was  part  of  the                                                              
executive  branch,  the  legislature  could  not  be  involved  in                                                              
executive    branch   appointments.        She   suggested    that                                                              
Representative  Eastman  contact  Legislative Legal  Services  for                                                              
advice.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  if this  was duplicative  language.                                                              
He offered  his belief  that the  governor "could  just swap  them                                                              
out with somebody that he likes more."                                                                                          
                                                                                                                                
3:22:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSTON  opined that this was standard  in all the                                                              
advisory commissions.   She  suggested that  he discuss  this with                                                              
Legislative  Legal  Services  to  determine the  reason  for  this                                                              
language.                                                                                                                       
                                                                                                                                
3:23:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER  said  that,   according  to   the  State                                                              
Constitution,  the governor had  the right  to replace  any person                                                              
on a  board or  commission  for any reason.   He  said that  there                                                              
were  very  few boards  or  commissions  with specific  rights  to                                                              
membership.                                                                                                                     
                                                                                                                                
3:24:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSTON pointed  out that  the public members  of                                                              
the permanent fund were protected.                                                                                              
                                                                                                                                
REPRESENTATIVE   TARR   asked  if   Representative   Eastman   was                                                              
satisfied.                                                                                                                      
                                                                                                                                
REPRESENTATIVE   EASTMAN  mused   that  it   could  be  open   for                                                              
discussion for change in the future.                                                                                            
                                                                                                                                
3:24:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked what  Commissioner  Davidson  could                                                              
contribute to the  board as a voting member that  she would not be                                                              
able to accomplish as an ex-officio non-voting member.                                                                          
                                                                                                                                
COMMISSIONER  DAVIDSON  explained that  the  state  should have  a                                                              
vote for  the direction  to the role  of treatment for  recidivism                                                              
and criminal  justice.   She declared that  a voting  position was                                                              
worthwhile.  She  pointed out that she would choose  to attend any                                                              
meetings  in which she  was statutorily  required to  participate.                                                              
She pointed out  that, as the topic of treatment  was discussed at                                                              
"every,  single  Criminal  Justice  Commission  meeting"  and  the                                                              
recidivism  reduction funds  had  been directed  to  the DHSS,  it                                                              
would  be a missed  opportunity  not to have  the Commissioner  of                                                              
DHSS as a voting member.                                                                                                        
                                                                                                                                
REPRESENTATIVE  SADDLER asked  if she  was aware  that the  intent                                                              
was to make her  a voting member when she was  appointed as a non-                                                              
voting member.                                                                                                                  
                                                                                                                                
COMMISSIONER  DAVIDSON  said  that  the  recommendation  to  be  a                                                              
voting member  of the  commission happened  before Senate  Bill 54                                                              
designated  her as  a non-voting  member of the  commission.   She                                                              
noted  that prior  to  that, she  was  not even  a  member of  the                                                              
commission.    She  reported  that   the  role  of  treatment  for                                                              
reducing   recidivism    in   criminal   justice    endorsed   her                                                              
participation  in those  meetings.   She offered  her belief  that                                                              
the change  in language to  add the Commissioner  of DHSS  was the                                                              
result of a vote on the House floor.                                                                                            
                                                                                                                                
REPRESENTATIVE SADDLER  reiterated that she was involved  prior to                                                              
becoming  even a  non-voting member.    He asked  when she  became                                                              
aware that the intent was for her to become a voting member.                                                                    
                                                                                                                                
COMMISSIONER  DAVIDSON   offered  to  review  the   notes  of  the                                                              
commission, and  she opined that there  was a vote in  August 2016                                                              
to  add  the Commissioner  of  DHSS  as  a  voting member  of  the                                                              
commission.                                                                                                                     
                                                                                                                                
REPRESENTATIVE SADDLER  asked if there had been  the intention all                                                              
along for  the Commissioner of DHSS  to become a voting  member of                                                              
the commission.                                                                                                                 
                                                                                                                                
COMMISSIONER DAVIDSON  stated that she would not  speculate on the                                                              
legislative  intent throughout  the process.   She reiterated  the                                                              
facts.                                                                                                                          
                                                                                                                                
REPRESENTATIVE SADDLER  recapped that she believed it  was good to                                                              
be involved as a voting member.                                                                                                 
                                                                                                                                
COMMISSIONER  DAVIDSON  stated  that,  as  a  voting  member,  the                                                              
Commissioner of  DHSS would be able  to vote on  the deliberations                                                              
before the Criminal Justice Commission.                                                                                         
                                                                                                                                
REPRESENTATIVE   SADDLER   asked  if   she   intended  to   attend                                                              
personally or  would she designate  someone to attend and  vote in                                                              
her place.                                                                                                                      
                                                                                                                                
COMMISSIONER  DAVIDSON declared  that she  had been  participating                                                              
in the meetings  and expected to attend all the  meetings although                                                              
she   did  not   anticipate   going  to   meetings   if  she   was                                                              
incapacitated.                                                                                                                  
                                                                                                                                
3:31:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    JOHNSTON   asked    if    the   meetings    were                                                              
teleconferenced.                                                                                                                
                                                                                                                                
COMMISSIONER  DAVIDSON said  that  options for  both personal  and                                                              
teleconference attendance were available.                                                                                       
                                                                                                                                
3:31:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR declared that  the addition  of a  member who                                                              
was  the  victim of  a  felony  crime  was  very important.    She                                                              
expressed  her hope  that this  would  increase the  collaboration                                                              
between departments, an efficient and effective use of dollars.                                                                 
                                                                                                                                
REPRESENTATIVE  EASTMAN  offered   his  belief  that  the  reasons                                                              
stated by  Commissioner Davidson for  becoming a voting  member of                                                              
the  commission  were  equally  valid  for  the  other  non-voting                                                              
members of  the commission.   He asked  if there was  an objection                                                              
to making those voting members, as well.                                                                                        
                                                                                                                                
COMMISSIONER DAVIDSON  replied that  the other non-voting  members                                                              
were  appointed  by  the  Speaker  of the  House  and  the  Senate                                                              
President.    She   expressed  confidence  in  the   Alaska  State                                                              
Legislature to make that determination.                                                                                         
                                                                                                                                
3:33:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  opined that, as this was  an executive branch                                                              
commission and there  was a separation of powers,  the legislators                                                              
could not be voting members.                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  said that,  if  it  was put  in  statute,                                                              
"then it is so."                                                                                                                
                                                                                                                                
REPRESENTATIVE  TARR  said  that  this  could be  reviewed.    She                                                              
pointed  out  that  members  appointed   by  the  legislature,  in                                                              
statute, as  opposed to the  governor, created this  separation of                                                              
powers.                                                                                                                         
                                                                                                                                
3:34:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER   offered  his  belief  that   the  Alaska                                                              
Criminal  Justice Commission  was a creation  of the  legislature,                                                              
and  he  reiterated   his  earlier  question  for   the  increased                                                              
effectiveness  as   a  voting  member  of  the   commission.    He                                                              
suggested that  she had said  she would  be more powerful  and her                                                              
opinions would carry more weight.                                                                                               
                                                                                                                                
COMMISSIONER  DAVIDSON,  in response  to  Representative  Saddler,                                                              
emphasized  that she  had not used  the word  "powerful,"  as this                                                              
was  a word  that she  generally did  not use  when she  described                                                              
herself.  She declared  that having a vote "gets  your position on                                                              
the  record  and  you're  able  to actively  take  a  stand  on  a                                                              
position in a way that a non-voting member does not."                                                                           
                                                                                                                                
3:36:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  opened  public  testimony  and  after  first                                                              
determining no one  wished to testify, closed public  testimony on                                                              
HB 290.                                                                                                                         
                                                                                                                                
3:36:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR announced that HB 290 would be held over.                                                                   
                                                                                                                                
          HB 336-SUPPORTIVE DECISION-MAKING AGREEMENTS                                                                      
                                                                                                                                
3:36:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR announced  that  the next  order of  business                                                              
would  be  HOUSE BILL  NO.  336,  "An Act  relating  to  supported                                                              
decision-making  agreements   to  provide  for   decision-  making                                                              
assistance; and amending Rule 402, Alaska Rules of Evidence."                                                                   
                                                                                                                                
3:38:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  moved  to  adopt  the  proposed  committee                                                              
substitute  (CS)  for  HB  336,  labeled  30-LS1239\J,  Bannister,                                                              
2/26/18, as the working draft.                                                                                                  
                                                                                                                                
3:38:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR objected for discussion.                                                                                    
                                                                                                                                
3:38:44 PM                                                                                                                    
                                                                                                                                
HANS  RODVIK,  Staff,  Representative   Charisse  Millett,  Alaska                                                              
State  Legislature,   paraphrased   from  the  Sponsor   Statement                                                              
[Included in members' packets], which read:                                                                                     
                                                                                                                                
     With over 100  wards per public guardian Alaska  has one                                                                   
     of  the  highest  rates  of  full  guardianship  in  the                                                                   
     nation.  Studies   concerning  individuals   under  full                                                                   
     guardianship  have  found  that  such  individuals  were                                                                   
     significantly  less  likely to  have  any kind  of  paid                                                                   
     employment  and are  less likely to  be integrated  into                                                                   
     their community,  than people provided  less restrictive                                                                   
     options to full guardianship.                                                                                              
                                                                                                                                
     Policy  makers  should  engage  in  efforts  to  provide                                                                   
     adults    with     intellectual    and     developmental                                                                   
     disabilities  (IDD)  the  needed   tools  to  experience                                                                   
     lives with  the most autonomy, freedom  and independence                                                                   
     as  possible. The  Supported Decision-Making  Agreements                                                                   
     Act does just that.                                                                                                        
                                                                                                                                
     Designed  as a mechanism  to enable  adults with  IDD to                                                                   
     enter  into   newly  created  legal  structures   called                                                                   
     supported   decision-making  agreements  (SDMA),   House                                                                   
     Bill  336 will  provide a  less restrictive  alternative                                                                   
     to  full guardianship  for  adults with  IDD. Guided  by                                                                   
     the  experience  of other  states,  HB 336  will  enable                                                                   
     adults  with disabilities  to maintain  their rights  to                                                                   
     make decisions  currently being taken away from  them by                                                                   
     guardianship orders.                                                                                                       
                                                                                                                                
     The  philosophy   underpinning  HB  336   contends  that                                                                   
     adults  with  IDD  do  have   and  should  retain  their                                                                   
     constitutional  and civil rights  to live as  freely and                                                                   
     autonomously  as possible. HB  336 will help  change the                                                                   
     current  system in which  one person  tends makes  every                                                                   
     decision for  adults with IDD, even though  those adults                                                                   
     have capacity  to make many  decisions on their  own; to                                                                   
     a system where  adults who can make life  decisions with                                                                   
     support  from others no  longer have  the right to  make                                                                   
     those   decisions   taken   away  from   them   by   the                                                                   
     government.                                                                                                                
                                                                                                                                
     HB 336  will enable OPA to  focus its efforts  on adults                                                                   
     who  truly  need  full  guardianship,   while  providing                                                                   
     Alaskans  experiencing varying levels  of IDD an  avenue                                                                   
     to live happier and healthier lives.                                                                                       
                                                                                                                                
MR. RODVIK  pointed out that Alaska  had one of the  highest rates                                                              
of full  guardianship in the nation,  as currently, the  Office of                                                              
Public Advocacy  was overwhelmed with  a ratio of about  100 wards                                                              
to 1 guardian.   He reported that there were more  than 1500 wards                                                              
in Alaska.   He  explained that,  under full  guardianship  with a                                                              
such a high  caseload, there was  a potential for failure  to meet                                                              
monthly  with  the   ward,  potential  for  abuse,   and  loss  of                                                              
independence,  ambition  and  self-expression  on  behalf  of  the                                                              
ward.   He stated that these  concerns were compounded,  reporting                                                              
that    individuals    with   intellectual    and    developmental                                                              
disabilities   (IDD)    under   full   guardianship    experienced                                                              
significantly   less  paid   employment   than   those  who   were                                                              
independent.   In Alaska,  he added, there  were very  few options                                                              
for those  adults who  did not need  full guardianship  to receive                                                              
any other support  in their lives.  He declared  that the proposed                                                              
bill  would help  Alaskans  with  IDD and  the  elderly to  retain                                                              
their inherent  right to make  decisions for themselves  and would                                                              
ensure that the  Office of Public Advocacy would be  able to spend                                                              
its time with those who needed the full guardianship.                                                                           
                                                                                                                                
3:41:25 PM                                                                                                                    
                                                                                                                                
MR. RODVIK paraphrased the changes to the proposed committee                                                                    
substitute (CS), Version J [Included in members' packets]                                                                       
[original punctuation provided], which read:                                                                                    
                                                                                                                                
     Section  13.56.010,  Page 1,  Line 9:  Deleted  "another                                                                   
     adult" and added "one or more adults"                                                                                      
                                                                                                                                
     Section   13.56.010(c),  Page   2,  Line  1-4:   Changed                                                                   
     language to  clarify that an  adult cannot enter  into a                                                                   
     SDMA  if that agreement  infringes  on the authority  of                                                                   
     any   guardian  or   conservator      but  still   gives                                                                   
     principal   the  ability   to  enter   a  SDMA  IF   the                                                                   
     guardian/conservator approves of it in writing                                                                             
                                                                                                                                
3:42:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked that one term be used consistently.                                                                
                                                                                                                                
MR. RODVIK replied that he would use the word "principal" and he                                                                
continued to paraphrase from the changes to Version J, which                                                                    
read:                                                                                                                           
                                                                                                                                
                                                                                                                                
     Section 13.56.030(a)(2),  Page 2,  Line 18: Changed  the                                                                   
     word  "the"   after  "assistance  that"  to   "each"  to                                                                   
     clarify that a SDMA may have multiple supporters                                                                           
                                                                                                                                
     Section  13.56.030(b),  Page  2,  Line  20-22:  Inserted                                                                   
     this new  subsection to mandate  that SDMAs  contain 3rd                                                                   
     party  notification  of the  rights and  obligations  of                                                                   
     supporters in SMDAs                                                                                                        
                                                                                                                                
     Section  13.56.030(c), Page  2,  Line 23-27:  Renumbered                                                                   
     the section, following insertion of subsection b                                                                           
                                                                                                                                
     Section   13.56.040,  Page   2,   Line  30-31:   Removed                                                                   
     subsection  3   referencing  a  form  provided   by  the                                                                   
     Department of  Health and Human Services. DHSS  will not                                                                   
     be  required to  create SDMA  forms. Governor's  Council                                                                   
     on  Disabilities and  Special  Education  has agreed  to                                                                   
     take this  on. Also, under  subsection 2, line  31 added                                                                   
     language "the agreement?"                                                                                                  
                                                                                                                                
3:44:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SULLIVAN-LEONARD asked for clarification on                                                                      
Section 13.56.030(b) that SDMA referred to supported decision                                                                   
making agreements.                                                                                                              
                                                                                                                                
MR. RODVIK said that was correct.                                                                                               
                                                                                                                                
3:45:04 PM                                                                                                                    
                                                                                                                                
MR. RODVIK returned to the explanation of changes, which read:                                                                  
                                                                                                                                
     Section   13.56.040,  Page   3,  line  2-6:   Renumbered                                                                   
     subsection "4", to subsection "3."                                                                                         
                                                                                                                                
     Section   13.56.040,  Page  3,   line  8-9:  Added   new                                                                   
     subsection  "4," which provides  safeguards by  ensuring                                                                   
     that   a  principal   who   also  has   a  guardian   or                                                                   
     conservator  must  notify  them  of  the  SDMA  for  the                                                                   
     agreement to be valid                                                                                                      
                                                                                                                                
     Section   13.56.060(b),  Page   3,  line  22-24:   Added                                                                   
     "supported decision-making" before "agreement"                                                                             
                                                                                                                                
     Section  13.56.070, Page  3, Line  25-30: Grammar  edits                                                                   
     in this  section. Keeping  consistency throughout  bill,                                                                   
     by    adding    "supported    decision-making"    before                                                                   
     "agreement"                                                                                                                
                                                                                                                                
     Section  13.56.080, Subsections  A-D, Page  3, Line  31-                                                                   
     Page 4, Line 14:                                                                                                           
                                                                                                                                
          Removed  subsection  "c" referencing  the  superior                                                                   
     court's ability  to terminate or limit a SDMA,  as these                                                                   
     are  private agreements  and  decision-making right  are                                                                   
     retained  by  the  principal.   Capacity  is  inherently                                                                   
     retained by  principals under SDMAs. SMDAs do  not grant                                                                   
     decision making  authority away. Superior  Court doesn't                                                                   
     have authority over these agreements                                                                                       
                                                                                                                                
          a) Clarifies  that either a principal  or supporter                                                                   
     may  terminate all,  or a  portion of  a SDMA    at  any                                                                   
     time                                                                                                                       
                                                                                                                                
          b)  Termination process  of all or  part of  a SDMA                                                                   
     must be  in writing,  signed, and  such signing must  be                                                                   
     presence   of   two   witnesses  who   also   sign   the                                                                   
     termination   paperwork,  or   the  signature  must   be                                                                   
     notarized                                                                                                                  
                                                                                                                                
          c)  Renumbered   as  subsection  "c"  from   "b                                                                       
     includes language  noting that a principal  or supporter                                                                   
     can terminate all or a portion of a SDMA                                                                                   
                                                                                                                                
          d) New  subsection. If certain parts of  a SDMA are                                                                   
     terminated, the  entire SDMA is not terminated,  and the                                                                   
     untouched parts remain in effect                                                                                           
                                                                                                                                
     Section 13.56.100(2),  Page 4,  Line 24-25: Strikes  out                                                                   
     "to  manage  the  principal's  affairs",  replaced  with                                                                   
     "for the principal  to manage the principal's  affairs".                                                                   
     Supporter   isn't   managing   principal's   affairs                                                                       
     principal   is   managing   their   own   affairs   with                                                                   
     assistance by supporter is specific areas                                                                                  
                                                                                                                                
     Section  13.56.110,  Page   5,  Line  11:  Inserted  new                                                                   
     subsection  "3." Prohibits a  supporter from signing  or                                                                   
     providing  an electronic  signature  for the  principal.                                                                   
     Renumber other subsections accordingly                                                                                     
                                                                                                                                
     Section 13.56.140(3),  Page 6,  Line 14-15: Removed  the                                                                   
     language   "conscience  or"   on   concerns  that   this                                                                   
     language            might           have            been                                                                   
     unconstitutional/discriminatory                                                                                            
                                                                                                                                
3:48:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR asked  to  describe the  changes  on page  6,                                                              
line 12.                                                                                                                        
                                                                                                                                
MR. RODVIK read  the language in the original  bill, "declining to                                                              
comply  with  an  authorization   related  to  health  care  in  a                                                              
supported  decision-making agreement  if the  person is  declining                                                              
because the  action proposed  to be taken  under the  agreement is                                                              
contrary to the  conscience or good faith medical  judgement," and                                                              
he shared that "to the conscience" was removed.                                                                                 
                                                                                                                                
REPRESENTATIVE TARR asked why this was removed.                                                                                 
                                                                                                                                
MR.  RODVIK  replied that  there  were  concerns that  this  might                                                              
create   avenues  of   discrimination   and  some   constitutional                                                              
questions.                                                                                                                      
                                                                                                                                
3:50:29 PM                                                                                                                    
                                                                                                                                
MR. RODVIK returned to the explanation of changes, which read:                                                                  
                                                                                                                                
     Removed  Section  13.56.150  "Principles  for  providing                                                                   
     decision-making  assistance,"  Page 6  of original  bill                                                                   
     (Version  D),  Line  11-24     and  renumbered  sections                                                                   
     accordingly.  This  language  is stated  better  in  the                                                                   
     Shared Vision  bill and shouldn't  have to be  stated --                                                                   
     we are talking  about people with full agency,  so these                                                                   
     are already inherent rights                                                                                                
                                                                                                                                
3:51:18 PM                                                                                                                    
                                                                                                                                
ANNE  APPLEGATE,   Program  Coordinator,  Governor's   Council  on                                                              
Disabilities and  Special Education, offered her  belief that this                                                              
section  was  about  stating  some   general  principles  for  the                                                              
underlying  mission for this  change of  direction.  She  reported                                                              
that this was better  stated in the shared vision  and that it was                                                              
determined to be  unnecessary and overly burdensome  to be written                                                              
into the proposed bill.                                                                                                         
                                                                                                                                
REPRESENTATIVE TARR stated that this was removed in Version J.                                                                  
                                                                                                                                
MR. RODVIK returned to the explanation of changes, which read:                                                                  
                                                                                                                                
     Section   13.56.150,  Page   6,   Line  19-27:   Removed                                                                   
     subsection "a"  referencing the superior court  for same                                                                   
     reasons  state  previously, and  renumbered  subsections                                                                   
     accordingly                                                                                                                
                                                                                                                                
MS.  APPLEGATE,  in response  to  Representative  Tarr,  explained                                                              
that this resulted  from a conversation with Nancy  Meade, General                                                              
Counsel  for  the Alaska  Court  System,  and  it was  decided  to                                                              
remove it  as this  was a  private agreement  and the  court would                                                              
not supervise the relationships involved.                                                                                       
                                                                                                                                
REPRESENTATIVE  SULLIVAN-LEONARD  suggested  that this  "opens  up                                                              
the  question  then  if something  does  happen  where  there's  a                                                              
certain sense  of liability or maybe  injury to a  principal, that                                                              
does  not  exclude  then the  Superior  Court's  involvement  with                                                              
judicial oversight."  She asked if this was correct.                                                                            
                                                                                                                                
MS.  APPLEGATE said  that it  did  not because  the opinion  after                                                              
analysis of other  statutes was that there could be  a tort action                                                              
for negligence on  the part of a supporter, if  there were damages                                                              
that resulted  to a principal from  a failure to comply  with what                                                              
they had  agreed to  and declared  to support  in that  agreement.                                                              
She  opined that  would be  a standard,  ordinary negligence,  and                                                              
would  have  to  be  determined  by a  court.    She  added  that,                                                              
although there  was not  a legal opinion,  this was  the direction                                                              
it would  go.   She acknowledged  that, although  the court  would                                                              
have authority, that  authority did not need to be  stated in this                                                              
proposed bill as it was well established in other places.                                                                       
                                                                                                                                
3:54:47 PM                                                                                                                    
                                                                                                                                
MR.  RODVIK returned  attention  to  the explanation  of  changes,                                                              
which read:                                                                                                                     
                                                                                                                                
     Removed   Section   13.56.185   "Regulatory   authority;                                                                   
     forms,"  Page 8 of  original bill  (Version D), Line  9-                                                                   
     11: Deleted  this section as DHSS won't be  necessary to                                                                   
     create   forms  or  regulate   these  private   capacity                                                                   
     agreements.  Governor's  Council   on  Disabilities  has                                                                   
     offered to produce SDMA forms                                                                                              
                                                                                                                                
REPRESENTATIVE  TARR directed attention  to page  6, line  28, and                                                              
asked for discussion.                                                                                                           
                                                                                                                                
MR.  RODVIK replied  that that  no  changes were  made, that  this                                                              
section dealt with  the affairs of a principal that  an SDMA could                                                              
cover,  and  anything  related   to  work,  health  care,  support                                                              
services, education,  finances, living arrangements  and more were                                                              
all discussed.                                                                                                                  
                                                                                                                                
REPRESENTATIVE TARR  said that this was important  to the proposed                                                              
legislation.   She asked  how this  became the comprehensive  list                                                              
for an SDMA.                                                                                                                    
                                                                                                                                
MR.  RODVIK  explained  that  this list  had  been  compiled  from                                                              
examples from other states and successful SDMA projects.                                                                        
                                                                                                                                
3:57:20 PM                                                                                                                    
                                                                                                                                
MS.  APPLEGATE  clarified  that   this  list  had  come  from  the                                                              
Delaware statute  and that Massachusetts had created  an agreement                                                              
in the  absence of a  statute authorizing it.   She said  that the                                                              
Delaware  statute was  based on  a  non-profit study  and was  now                                                              
used as a template.   This was a description  to offer suggestions                                                              
for what  might be  included, and  she declared  that none  of the                                                              
agreements  had to  include  any or  all of  these,  as they  were                                                              
individualized  to the  needs, preferences,  and circumstances  of                                                              
the person  in the center.   She compared  this to a  laundry list                                                              
or menu for choice.                                                                                                             
                                                                                                                                
3:58:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  said  that   he  did  have  some  general                                                              
questions  about   the  proposed   bill  once  the   changes  were                                                              
discussed.                                                                                                                      
                                                                                                                                
3:59:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  asked about  Section 13.56.170 [page  7, line                                                              
14 of Version J].                                                                                                               
                                                                                                                                
MR.  RODVIK explained  that  this contained  the  list of  support                                                              
services, as referenced  in the previous section,  that supporters                                                              
may  provide  the principal  as  agreed  upon  by  the SDMA.    He                                                              
pointed  out that  this was  not  a fully  inclusive or  exclusive                                                              
list,  but individualized  agreements  which  could  be narrow  or                                                              
broad in scope.                                                                                                                 
                                                                                                                                
3:59:52 PM                                                                                                                    
                                                                                                                                
MR.  RODVIK,  in  response  to   Representative  Tarr,  said  that                                                              
Section 13.156.185  was removed in  Version J.  He  explained that                                                              
Department  of  Health  and  Social Services  was  not  needed  to                                                              
create the forms or regulate the private capacity agreements.                                                                   
                                                                                                                                
REPRESENTATIVE  SADDLER directed  attention  to page  7, line  14,                                                              
and asked  for clarification  that these  were not exclusive,  and                                                              
the list could be expanded.                                                                                                     
                                                                                                                                
MR. RODVIK said, "that is correct."                                                                                             
                                                                                                                                
REPRESENTATIVE   TARR  mused   that  the   regulations  were   not                                                              
necessary because there was a sample form available.                                                                            
                                                                                                                                
4:01:07 PM                                                                                                                    
                                                                                                                                
MR.  RODVIK returned  attention  to  the proposed  changes,  which                                                              
read:                                                                                                                           
                                                                                                                                
                                                                                                                                
       Section 13.56.190 (4), Page 8, Line 7-8: Added new                                                                       
      definition of "conservator" to include a conservator                                                                      
     in another state                                                                                                           
                                                                                                                                
      Section 13.56.190(6), Page 8, Line 10-11: Added new                                                                       
     definition of "decision-making assistance"                                                                                 
                                                                                                                                
      Section 13.56.190(7), page 8, Line 12-13: Added new                                                                       
       definition of "guardian" to include a guardian in                                                                        
     another state                                                                                                              
                                                                                                                                
4:02:16 PM                                                                                                                    
                                                                                                                                
MR.  RODVIK directed  attention  to  page 8,  line  28, the  short                                                              
title  of  the   proposed  bill,  the  Supported   Decision-Making                                                              
Agreements Act.  He discussed page 8, line 30, and the Alaska                                                                   
Rules of  Evidence to  clarify that the  execution of  a supported                                                              
decision-making  agreement  cannot   be  used  as  evidence  of  a                                                              
principal's incapacity.   Moving on to  page 9, line 6  of Version                                                              
J, he stated  that it was  necessary to receive a  two-thirds vote                                                              
of each house to go into effect.                                                                                                
                                                                                                                                
REPRESENTATIVE TARR  pointed out  that everything in  the proposed                                                              
bill  was found  in Section  1, and  that none  of the  provisions                                                              
could be adopted without the two-thirds majority vote.                                                                          
                                                                                                                                
4:03:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR   removed  her  objection.  There   being  no                                                              
further objection, Version J was adopted as the working draft.                                                                  
                                                                                                                                
4:04:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SULLIVAN-LEONARD   asked  about   the   effective                                                              
changes in [Court] Rule 402.                                                                                                    
                                                                                                                                
MR.  RODVIK explained  that Court  Rule 402  was a  five-paragraph                                                              
information piece  related to  exceptions and admissible  evidence                                                              
[Included in members' packets].                                                                                                 
                                                                                                                                
REPRESENTATIVE SULLIVAN-LEONARD  said that she would  continue her                                                              
review and  that she  supported the intent  of the proposed  bill.                                                              
She  declared  that it  was  "pretty  convoluted between  the  two                                                              
bills, between the initial one and the committee substitute."                                                                   
                                                                                                                                
4:05:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked about  the universe of  Alaskans who                                                              
would qualify for SDMAs.                                                                                                        
                                                                                                                                
4:05:38 PM                                                                                                                    
                                                                                                                                
MS. APPLEGATE  replied that  there were  two discreet  categories.                                                              
The first  was people who did  not have any guardianship,  limited                                                              
guardianship,  or  conservative  order  that they  were  the  ward                                                              
under.  This  group of people  could create an agreement  with one                                                              
or more  supporters which described  in detail, specific  to their                                                              
circumstance, what  kind of help  they may desire.   She explained                                                              
that  the  second category  were  people  who  had "some  kind  of                                                              
order,  whether it's  a guardianship  order  or a  conservatorship                                                              
order."     She  stated  that   these  people,  with   the  signed                                                              
authorization of  their guardian, could  engage in the  process of                                                              
creating  the document  and  experience  the process  of  decision                                                              
making although  in a shared  decision-making encounter  and under                                                              
the oversight of that guardian.                                                                                                 
                                                                                                                                
REPRESENTATIVE  SADDLER offered  his  belief that  the "thrust  of                                                              
the  bill is  to  provide  support  for those  who  are  not in  a                                                              
position to make  every decision for themselves."   He stated that                                                              
inclusion in  the proposed  bill for  people with no  guardianship                                                              
issues  raised it to  "a very  interesting level."   He  suggested                                                              
that this might be a lot to do.                                                                                                 
                                                                                                                                
MS. APPLEGATE  explained  that they  did not  want to exclude  the                                                              
senior  trying to  plan for  advancing  age, while  trying not  to                                                              
rely on a single  individual; but, to instead,  plan their process                                                              
of  needing more  support  as  they aged.    She opined  that  the                                                              
requirement  of  verification  of  disability put  people  in  the                                                              
position  of validating  their needs.   She stated  that this  was                                                              
"not  extending any  additional  rights to  some protected  group"                                                              
and should not require any proof of that need.                                                                                  
                                                                                                                                
4:08:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked if  other states, jurisdictions,  or                                                              
countries were employing this type of agreement.                                                                                
                                                                                                                                
MS. APPLEGATE  replied that  Texas has  had a supported  decision-                                                              
making  agreement  act  since  2015  with  no  criminal  or  civil                                                              
actions,  and no  full guardianships.   She  added that  Delaware,                                                              
British  Columbia, and  Australia  also used  this  program.   She                                                              
pointed  out  that, in  Australia,  there  was  a second  tier  of                                                              
supporters.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SADDLER   asked  if  these  all   included  people                                                              
without any guardianship or conservatorship.                                                                                    
                                                                                                                                
MS.  APPLEGATE  offered her  belief  that  this  was the  case  in                                                              
Texas,  and,  even if  the  statute  articulated for  people  with                                                              
disabilities, people  were using them prior to diagnosis  and as a                                                              
part of planning for the aging process.                                                                                         
                                                                                                                                
4:10:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  if  this would  be  difficult  for                                                              
people  to understand  who were  already having  a difficult  time                                                              
assessing and making decisions.                                                                                                 
                                                                                                                                
MS. APPLEGATE  opined that  it was  necessary to educate  families                                                              
and other  supporters, while describing  the process  for support.                                                              
She  shared that  this process  would begin  by articulating  long                                                              
term  goals and  helping  someone  understand what  was  currently                                                              
being  done  for the  decision  making.    This  would lead  to  a                                                              
creation of  a statement in  conjunction with a  personal centered                                                              
plan.   She  offered her  belief that,  as people  knew what  help                                                              
they  needed and  wanted, it  was just  a matter  of helping  them                                                              
articulate that.                                                                                                                
                                                                                                                                
REPRESENTATIVE  SADDLER suggested that,  as the legislature  would                                                              
need  annual feedback  to  see how  it could  be  made better,  he                                                              
might offer an amendment to include that requirement.                                                                           
                                                                                                                                
4:12:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SULLIVAN-LEONARD  shared  that the  proposed  bill                                                              
offers a  sense of  ease for  family members  to aid in  gathering                                                              
information  for their loved  one and  the extra  set of  hands to                                                              
assist  in  the  stages  of  their  loved  one.    She  asked  Ms.                                                              
Applegate to offer examples.                                                                                                    
                                                                                                                                
4:13:45 PM                                                                                                                    
                                                                                                                                
MS.  APPLEGATE explained  that in  some  government processes  the                                                              
interview   process  was   deemed   confidential   and,  in   that                                                              
circumstance, the  only accompanying people  were a guardian  or a                                                              
formal interpreter.   If someone  merely needed help  articulating                                                              
or sequencing  a set  of events, this  could create  obstacles for                                                              
many government processes.                                                                                                      
                                                                                                                                
REPRESENTATIVE SULLIVAN-LEONARD  asked if someone could  opt in or                                                              
opt out as a supporter.                                                                                                         
                                                                                                                                
MS. APPLEGATE  said that  she was  not sure,  but she offered  her                                                              
belief that it  would be necessary to give notice  for termination                                                              
of obligation.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  SULLIVAN-LEONARD  mused  that  there  would  be  a                                                              
provision for multiple caregivers in the proposed bill.                                                                         
                                                                                                                                
MS. APPLEGATE stated  that there was a provision  for a substitute                                                              
supporter.                                                                                                                      
                                                                                                                                
MS.  APPLEGATE   said  that  the   majority  of  members   of  the                                                              
Governor's  Council   either  experienced  disabilities   or  were                                                              
parent guardians of people with disabilities.                                                                                   
                                                                                                                                
4:18:42 PM                                                                                                                    
                                                                                                                                
RICK   BENJAMIN,   Director  of   Organizational   and   Spiritual                                                              
Wellness,   Hope   Community  Resources,   explained   that   Hope                                                              
Community  Resources was  doing a pilot  project in  collaboration                                                              
with the  Governor's Council  and the Disability  Law Center.   He                                                              
stated  that supported  decision making  was based  on the  simple                                                              
concept  that  everyone   had  people  we  trusted   for  medical,                                                              
financial,  and other  advice.   He stated  that these  agreements                                                              
just  made  it formal,  official,  and  legal.   He  opined  that,                                                              
although Alaskans liked  to be independent, we did  rely on others                                                              
that  we trust.    He shared  that  Hope Community  Resources  had                                                              
chosen  the Massachusetts  model,  and he  read  a few  supportive                                                              
quotes for that  model.  He declared that he was  very excited for                                                              
this proposed bill.                                                                                                             
                                                                                                                                
4:21:40 PM                                                                                                                    
                                                                                                                                
IAN  MINER shared  a personal  anecdote about  his parents  taking                                                              
guardianship  for  him  when  he  turned  18 years  of  age.    He                                                              
reported  that,  when  he attempted  to  remove  the  guardianship                                                              
order when he  turned 23 years of  age, it took more  than 2 years                                                              
of hearings  to accomplish.   He shared  that, had the  option for                                                              
supported decision-making  agreements been  available when  he was                                                              
age 18, he would  have chosen it.  This would have  given him both                                                              
the  help and  advice he  wanted  as well  as the  rights when  he                                                              
wanted them  back at  age 23.   He stated  that he now  recognized                                                              
that he had not needed a full guardianship, only some guidance.                                                                 
                                                                                                                                
4:24:28 PM                                                                                                                    
                                                                                                                                
JEANNE  GERHARDT-CYRUS,  Governor's  Council on  Disabilities  and                                                              
Special Education,  shared a personal  anecdote, stating  that she                                                              
was the  parent of  multiple children  with pre-natal  exposure to                                                              
alcohol.   She  relayed  the story  of her  19-year-old  daughter,                                                              
Ivy.   She  reported that  her daughter  had some  decision-making                                                              
instances for which  she was not comfortable or  did not currently                                                              
have the  skills, related  to major  financial purchases,  health,                                                              
benefits, and her  future.  She noted that her  daughter consulted                                                              
with others having  more knowledge to receive their  input and did                                                              
not have the need  for a full guardian.  She  pointed out that she                                                              
could  not participate  in some  of these discussions,  or  act in                                                              
her  daughter's  behalf,  without  legally  sanctioned,  supported                                                              
decision making.   She  noted that with  this sanction,  she could                                                              
help  her  daughter  to  remain  calm,  reduce  her  anxiety,  and                                                              
effectively  articulate  her desires  and  needs.   She  explained                                                              
that, although her  daughter did not require a  full guardian, she                                                              
was not yet totally  independent.  She declared  that there should                                                              
be  an  option "to  flex  her  support  as  she matures,  and  her                                                              
independence  increases"  as  currently  the  option  was  all  or                                                              
nothing.   She explained that there  should be the option  for her                                                              
daughter to  decide what she needs,  and this should  be adaptable                                                              
to her needs as she matures.                                                                                                    
                                                                                                                                
4:27:42 PM                                                                                                                    
                                                                                                                                
LINDA  GOHL,   AARP,  said  that   the  proposed  bill   could  be                                                              
beneficial  to older  Alaskans  and their  family  members, as  it                                                              
would allow  the principal person to  have a choice for  whom they                                                              
designate to  support and assist  them.    She pointed out  that a                                                              
family  member  may  not  always  be the  one  selected,  as  this                                                              
decision  was based on  trust.   She shared  some anecdotes.   She                                                              
clarified that the  proposed bill did not replace  a durable power                                                              
of  attorney.   She noted  that  the principal  person could  also                                                              
have  a team  of people  for support.    She pointed  out that  an                                                              
older person  who never married may  be in a situation  of needing                                                              
help  and the  public  guardianship  system  "may not  be  exactly                                                              
appropriate and this would give them some other options."                                                                       
                                                                                                                                
4:31:42 PM                                                                                                                    
                                                                                                                                
ART DELAUNE shared  a personal anecdote and expressed  his concern                                                              
that, as  he aged,  his son with  fetal alcohol spectrum  disorder                                                              
would not have  the opportunities for a supported  decision-making                                                              
process.   He declared his  support for a  team of advocates.   He                                                              
stated his support for the proposed bill.                                                                                       
                                                                                                                                
4:36:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked if  there  was  any downside  to  a                                                              
supported decision-making agreement.                                                                                            
                                                                                                                                
MR. DELAUNE offered  his belief that it was important  for his son                                                              
to choose the right people to be on his team.                                                                                   
                                                                                                                                
4:37:31 PM                                                                                                                    
                                                                                                                                
HEIDI  KELLY,  Governor's  Council  on  Disabilities  and  Special                                                              
Education, stated  that she,  her son, and  her daughter  were all                                                              
on the autism spectrum.   She declared that autism  did not define                                                              
who she  was or  who she would  continue to  become, and  that she                                                              
used her  voice on the Governor's  Council as an  autistic speaker                                                              
advocate.    She  shared her  accomplishments,  stating  that  she                                                              
hoped these would  inspire others.  She pointed out  that, as full                                                              
guardianship  takes away  your voice  and would  not have  allowed                                                              
her to  make her own  decisions with  proper education,  she would                                                              
not be  who she  had become.   She stated  that full  guardianship                                                              
did  not work  for  her family,  but a  supported  decision-making                                                              
agreement  allowed them  to have  a  voice over  their own  lives.                                                              
She  declared that  they  deserved a  community  that helped  with                                                              
everything possible  to achieve their  very best.  She  stated her                                                              
support  for  the proposed  bill.    She  emphasized that  it  was                                                              
"illogical  to not  use  the power  you  have to  do  the job  you                                                              
signed  up for,  which is  to make  a difference  for all  Alaskan                                                              
people."                                                                                                                        
                                                                                                                                
4:41:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  opened public testimony on HB  336 and stated                                                              
that she would keep it open.                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR announced that HB 336 would be held over.                                                                   
                                                                                                                                
^PRESENTATION: KEY COALITION                                                                                                  
                  PRESENTATION: KEY COALITION                                                                               
                                                                                                                                
4:42:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR announced  that the  final order of  business                                                              
would be a presentation by the Key Coalition.                                                                                   
                                                                                                                                
4:42:51 PM                                                                                                                    
                                                                                                                                
MILLIE RYAN,  Board Member, Key  Coalition of Alaska,  presented a                                                              
PowerPoint titled  "Welcome to Key  Campaign 2018."   She directed                                                              
attention to slide  1, "Thanks for your support,"  and thanked the                                                              
legislature for  increasing the  day habilitation "soft  cap" from                                                              
an average  of 8 hours  weekly to an  average of 12  hours weekly.                                                              
She stated  that this  service got people  out into  the community                                                              
to contribute.   She  shared slide  2, "Priority  1, Pass  SB 174"                                                              
which  she described  as  a shared  vision  bill that  laid out  a                                                              
flexible system  in which  individuals were  able to direct  their                                                              
support  based on their  strengths  and abilities  to allow  for a                                                              
more  meaningful  life.    She added  that  it  was  important  to                                                              
support  family,  have a  professional  staff, and  have  services                                                              
available into the  future.  She noted that SB 174  was on its way                                                              
to the House after passing out of the Senate.                                                                                   
                                                                                                                                
MS.  RYAN moved  on to  slide 3,  "Priority  II, "Put  in Place  a                                                              
Stable  and  Sustainable Fiscal  Plan."    She emphasized  that  a                                                              
stable,  sustainable  fiscal plan  was  necessary  to ensure  that                                                              
those with  intellectual and  developmental disabilities  received                                                              
the necessary services  to be productive, contributing  members of                                                              
the  community, as  this would  reactivate the  commitment by  the                                                              
state to reduce  the waitlist by 200 people each  year, instead of                                                              
the  current  50  people.    She  pointed  out  that  when  waiver                                                              
services  outstripped  the  available  resources,  Medicaid  would                                                              
allow  states to maintain  a waitlist.   She  reported that  there                                                              
were 652  Alaskans waiting for services.   She addressed  slide 4,                                                              
"BENEFITS," and  explained that when benefits were  provided prior                                                              
to  a crisis,  there  was  a reduced  cost  to  the state  and  it                                                              
increased the  probability for a  family to remain together.   She                                                              
shared a personal  anecdote about the loss of a  younger sister in                                                              
an institution without any services.                                                                                            
                                                                                                                                
MS.  RYAN  directed  attention  to  slides 5  and  6,  "WHY,"  and                                                              
reported that the  Key Campaign had provided the  legislature with                                                              
recommendations  to reduce the costs  of home and  community-based                                                              
waivers  and   for  the  use   of  technology  to   allow  greater                                                              
independence.    She reported  that  the  State  of Kansas  had  a                                                              
return of  $3.15 on  every $1 spent  on its  re-use program.   She                                                              
declared  that  individuals  with  intellectual  disabilities  and                                                              
their families  had already contributed  to efforts to  reduce the                                                              
State  budget.   She pointed  to  research which  showed that  the                                                              
out-of-pocket  expenses for  a family  to  care for  a child  with                                                              
developmental  disabilities  was   estimated  at  $8,000  annually                                                              
beyond the cost to raise a child without a disability.                                                                          
                                                                                                                                
4:49:33 PM                                                                                                                    
                                                                                                                                
SHELLY   VENDETTI   VUKOVICH,  Key   Coalition,   introduced   her                                                              
daughter,  Claire,  and she  shared  anecdotes  of her  work  with                                                              
Claire in  support of  Key.   She directed  attention to  slide 8,                                                              
"WHAT," and stated  that waiver services for families  allowed the                                                              
opportunity  to become more  independent.   She declared  that she                                                              
wanted children  to stay with  families, and  there was a  need to                                                              
take  care of  this population.    She shared  that, although  the                                                              
types of therapy  were not covered by insurance  or Medicaid, they                                                              
brought so  much improvement that  the family paid out  of pocket.                                                              
She listed  special equipment and  summer programs as  other needs                                                              
from  out-of-pocket   expenses,  and  she  estimated   that  these                                                              
expenses were closer to $20,000 each year.                                                                                      
                                                                                                                                
4:56:15 PM                                                                                                                    
                                                                                                                                
MS. RYAN  directed attention to  slide 8, "WHAT:" and  spoke about                                                              
the  two   bills  supported  by   the  Key  Campaign,  SB   80,  a                                                              
telecommunication bill  that would require telephone  utilities to                                                              
provide  services for  those who  were deaf,  hard of hearing,  or                                                              
speech  impaired and  HB  336, the  bill  heard  by the  committee                                                              
earlier in the day.                                                                                                             
                                                                                                                                
REPRESENTATIVE SADDLER  stated that the Key Campaign  focused on a                                                              
few  things  and was  willing  to  work  with the  legislature  to                                                              
attain achievable goals.                                                                                                        
                                                                                                                                
5:00:32 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
Health  and  Social   Services  Standing  Committee   meeting  was                                                              
adjourned at 5:00 p.m.                                                                                                          

Document Name Date/Time Subjects
HB 336 Fiscal Note DHS--SDS 2.28.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
Draft CS for HB 336 Version J Explanation of Changes.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
Draft CS for House Bill 336 Version J Sectional Analysis.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Additional Documents Rule 402 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Draft CS Version J.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Sponsor Statement 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents - Govs Council on Disabilities 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents - OPA & Guardianship 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents - Paper on Guardianship Concerning NCI Adult Consumer Survey 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents - SDMA Example from Autistic Self Advocary Network 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents - SDMA Example from Texas 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents - SDMA Law from Delaware 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents - SDMA Texas 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents Massachusetts SDMA Example 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents National Core Indicators 2016 Survey 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents SDMA - Agenda for Action 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents SDMA Bill from Rhode Island 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents SDMA Texas Statues 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HB 336
House Bill 336 Supporting Documents SMDA Paper by Council on Quality and Leadership 2.9.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
Key Priorities.pdf HHSS 3/1/2018 3:00:00 PM
Key Campaign
Key Campaign Legislative Power Point 2018.pdf HHSS 3/1/2018 3:00:00 PM
Key Campaign
HB290 Fiscal Note DHSS--DSS 2.28.2018.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 290
HB 290 Sectional Analysis Ver A 01 22 18.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 290
HB 290 Transmittal Letter 01 22 18.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 290
HB 290 Supporting document - AK Crim Just Comm 2016 Report.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/6/2018 3:00:00 PM
HB 290
HB 336 Letter of Support AARP Alaska.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336
HB 336 Letter of Support Delaune.pdf HHSS 3/1/2018 3:00:00 PM
HHSS 3/8/2018 3:00:00 PM
HB 336