Legislature(2019 - 2020)CAPITOL 106

04/23/2019 03:00 PM HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 96 PIONEERS' HOME AND VETERANS' HOME RATES TELECONFERENCED
Moved CSHB 96(STA) Out of Committee
+= SB 37 RENEWAL OF VACCINE ASSESSMENT PROGRAM TELECONFERENCED
Moved CSSB 37(FIN) Out of Committee
+= HB 89 OPIOID PRESCRIPTION INFORMATION TELECONFERENCED
Scheduled but Not Heard
*+ HB 133 JUVENILES: JUSTICE,FACILITES,TREATMENT TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
      HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                     
                         April 23, 2019                                                                                         
                           3:13 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Ivy Spohnholz, Co-Chair                                                                                          
Representative Tiffany Zulkosky, Co-Chair                                                                                       
Representative Harriet Drummond                                                                                                 
Representative Geran Tarr                                                                                                       
Representative Sharon Jackson                                                                                                   
Representative Lance Pruitt                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Matt Claman                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 37(FIN)                                                                                                  
"An  Act  relating to  the  statewide  immunization program;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED CSSB 37(FIN) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 96                                                                                                               
"An Act  relating to Alaska  Pioneers' Home and  Alaska Veterans'                                                               
Home rates and services."                                                                                                       
                                                                                                                                
     - MOVED CSHB 96(STA) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 133                                                                                                              
"An Act  relating to care  of juveniles and to  juvenile justice;                                                               
relating  to employment  of juvenile  probation  officers by  the                                                               
Department of Health and Social  Services; relating to terms used                                                               
in  juvenile justice;  relating to  mandatory reporters  of child                                                               
abuse  or  neglect;  relating  to sexual  assault  in  the  third                                                               
degree;  relating  to  sexual  assault   in  the  fourth  degree;                                                               
repealing  a  requirement  for  administrative  revocation  of  a                                                               
minor's  driver's   license,  permit,  privilege  to   drive,  or                                                               
privilege to  obtain a license  for consumption or  possession of                                                               
alcohol or drugs; and providing for an effective date."                                                                         
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 89                                                                                                               
"An Act relating to the  prescription of opioids; relating to the                                                               
practice  of dentistry;  relating  to the  practice of  medicine;                                                               
relating to  the practice of  podiatry; relating to  the practice                                                               
of osteopathy; relating  to the practice of  nursing; relating to                                                               
the  practice  of optometry;  and  relating  to the  practice  of                                                               
pharmacy."                                                                                                                      
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 37                                                                                                                   
SHORT TITLE: RENEWAL OF VACCINE ASSESSMENT PROGRAM                                                                              
SPONSOR(s): SENATOR(s) GIESSEL                                                                                                  
                                                                                                                                
01/25/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/25/19       (S)       HSS, FIN                                                                                               
02/06/19       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
02/06/19       (S)       Moved SB 37 Out of Committee                                                                           
02/06/19       (S)       MINUTE(HSS)                                                                                            
02/08/19       (S)       HSS RPT 5DP                                                                                            
02/08/19       (S)       DP:  WILSON,  BEGICH, COGHILL,  STEVENS,                                                               
                         GIESSEL                                                                                                
02/13/19       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
02/13/19       (S)       Heard & Held                                                                                           
02/13/19       (S)       MINUTE(FIN)                                                                                            
03/12/19       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/12/19       (S)       Moved CSSB 37(FIN) Out of Committee                                                                    
03/12/19       (S)       MINUTE(FIN)                                                                                            
03/13/19       (S)       FIN RPT CS  5DP 3NR NEW TITLE                                                                          
03/13/19       (S)       DP:   VON   IMHOF,   MICCICHE,   SHOWER,                                                               
                         WILSON, BISHOP                                                                                         
03/13/19       (S)       NR: STEDMAN, WIELECHOWSKI, OLSON                                                                       
03/27/19       (S)       TRANSMITTED TO (H)                                                                                     
03/27/19       (S)       VERSION: CSSB 37(FIN)                                                                                  
03/29/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/29/19       (H)       HSS, FIN                                                                                               
04/09/19       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
04/09/19       (H)       -- MEETING CANCELED --                                                                                 
04/11/19       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
04/11/19       (H)       -- MEETING CANCELED --                                                                                 
04/18/19       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
04/18/19       (H)       Heard & Held                                                                                           
04/18/19       (H)       MINUTE(HSS)                                                                                            
04/23/19       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 96                                                                                                                   
SHORT TITLE: PIONEERS' HOME AND VETERANS' HOME RATES                                                                            
SPONSOR(s): REPRESENTATIVE(s) FIELDS                                                                                            
                                                                                                                                
03/15/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/15/19       (H)       STA, HSS                                                                                               
03/26/19       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/26/19       (H)       Heard & Held                                                                                           
03/26/19       (H)       MINUTE(STA)                                                                                            
03/28/19       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/28/19       (H)       Heard & Held                                                                                           
03/28/19       (H)       MINUTE(STA)                                                                                            
04/02/19       (H)       STA AT 4:00 PM GRUENBERG 120                                                                           
04/02/19       (H)       Moved CSHB 96(STA) Out of Committee                                                                    
04/02/19       (H)       MINUTE(STA)                                                                                            
04/03/19       (H)       STA RPT CS(STA) 2DP 4NR                                                                                
04/03/19       (H)       DP: SHAW, FIELDS                                                                                       
04/03/19       (H)       NR: LEDOUX, WOOL, STORY, KREISS-TOMKINS                                                                
04/09/19       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
04/09/19       (H)       -- MEETING CANCELED --                                                                                 
04/11/19       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
04/11/19       (H)       -- MEETING CANCELED --                                                                                 
04/18/19       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
04/18/19       (H)       Heard & Held                                                                                           
04/18/19       (H)       MINUTE(HSS)                                                                                            
04/23/19       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 133                                                                                                                  
SHORT TITLE: JUVENILES: JUSTICE,FACILITES,TREATMENT                                                                             
SPONSOR(s): REPRESENTATIVE(s) SPOHNHOLZ                                                                                         
                                                                                                                                
04/15/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/15/19       (H)       HSS, JUD                                                                                               
04/23/19       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR CATHY GIESSEL                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Speaking as the sponsor, reviewed [CSSB                                                                
37(FIN)].                                                                                                                       
                                                                                                                                
KEN HELANDER, Alaska Director of Advocacy                                                                                       
AARP Alaska                                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified in support during  the hearing of                                                             
SB 37.                                                                                                                          
                                                                                                                                
REPRESENTIVE ZACK FIELDS                                                                                                        
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Speaking as the sponsor, presented HB 96.                                                              
                                                                                                                                
LAURA BONNER                                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified in support during  the hearing of                                                             
HB 96.                                                                                                                          
                                                                                                                                
VERNA ESPENSHADE                                                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing of HB 96.                                                                   
                                                                                                                                
AVES THOMPSON                                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified in support during  the hearing of                                                             
HB 96.                                                                                                                          
                                                                                                                                
CHARLES MCKEE                                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Provided comments  not on  topic with  the                                                             
published agenda.                                                                                                               
                                                                                                                                
TRACY DOMPELING, Director                                                                                                       
Division of Juvenile Justice                                                                                                    
Department of Health and Social Services                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified and  answered questions during the                                                             
hearing of HB 133.                                                                                                              
                                                                                                                                
MEGAN HOLLAND, Staff                                                                                                            
Representative Ivy Spohnholz                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    On behalf  of  Representative  Spohnholz,                                                           
sponsor of HB 133, presented  a Definition Reference Document and                                                             
a sectional analysis  during the hearing of HB  133, and answered                                                               
questions.                                                                                                                      
                                                                                                                                
MATT DAVIDSON, Social Services Program Officer                                                                                  
Division of Juvenile Justice                                                                                                    
Department of Health and Social Services                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Provided  invited  testimony  during  the                                                             
hearing of HB 133.                                                                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:13:26 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  TIFFANY ZULKOSKY  called  the House  Health and  Social                                                             
Services  Standing  Committee  meeting  to  order  at  3:13  p.m.                                                               
Representatives  Drummond,  Jackson,   Tarr,  and  Zulkosky  were                                                               
present  at the  call to  order.   Representatives Spohnholz  and                                                               
Pruitt arrived as the meeting was in progress.                                                                                  
                                                                                                                                
          SB 37-RENEWAL OF VACCINE ASSESSMENT PROGRAM                                                                       
                                                                                                                                
3:14:00 PM                                                                                                                    
                                                                                                                                
CO-CHAIR ZULKOSKY announced the first  order of business would be                                                               
CS  FOR  SENATE  BILL  NO.  37(FIN),  "An  Act  relating  to  the                                                               
statewide immunization  program; and  providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
3:14:40 PM                                                                                                                    
                                                                                                                                
SENATOR CATHY  GIESSEL, Alaska State  Legislature, sponsor  of SB                                                               
37, paraphrased  from the  following sponsor  statement [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Senate Bill 37  reauthorizes the statewide immunization                                                                    
     program  in   the  Department  of  Health   and  Social                                                                    
     Services,  which is  scheduled  for  repeal January  1,                                                                    
     2021.  Established in  2014, via  Senate Bill  169, the                                                                    
     program   monitors,  purchases   and  distributes   all                                                                    
     childhood  vaccines   and  select  adult   vaccines  to                                                                    
     providers, making access to  vaccines universal for all                                                                    
     Alaskans.  By  2018,  the  program  covered  more  than                                                                    
     333,000 Alaskans,  45 percent of the  total population.                                                                    
     Next  to  clean  drinking  water  and  good  nutrition,                                                                    
     vaccines have  saved more lives  than any  other public                                                                    
     health   intervention.   The   statewide   immunization                                                                    
     program   is  fully   funded  by   the  state   Vaccine                                                                    
     Assessment Account  through assessments  (upfront fees)                                                                    
     from   health  plans   and  insurers.   There  are   no                                                                    
     undesignated  general funds  needed  for this  program.                                                                    
     The  state  leverages  its  buying  power  to  purchase                                                                    
     vaccines  in   bulk  using  the  fees   collected  from                                                                    
     healthcare payers.  The state distributes  that vaccine                                                                    
     to  providers who  then administer  them at  no charge,                                                                    
     improving health  and wellbeing while  lowering overall                                                                    
     vaccine costs by 20 -30  percent. Through the statewide                                                                    
     immunization program,  Alaska continues  to demonstrate                                                                    
     leadership   in  creating   innovative  solutions   for                                                                    
     difficult  public   health  issues.   Out  of   the  11                                                                    
     universal  vaccine  purchase  programs  in  the  United                                                                    
     States, Alaska is the only  state to allow providers to                                                                    
     receive  state supplied  vaccine for  uninsured adults,                                                                    
     enabling  greater  vaccine  access for  Alaska  adults.                                                                    
     Alaska's  immunization  program  is  an  example  of  a                                                                    
     successful  public-private   partnership  that  ensures                                                                    
     Alaskans  a healthier  future  at  the lowest  possible                                                                    
     cost.  The  department  reduces vaccine  -  preventable                                                                    
     diseases, and  providers have improved  health outcomes                                                                    
     for   their   patients   and   easier   vaccine   stock                                                                    
     management.   The  insurers   pay  less   to  vaccinate                                                                    
     individuals; we  all save  more money  in the  long run                                                                    
     due   to   decreased   medical  costs   from   vaccine-                                                                    
     preventable diseases.                                                                                                      
                                                                                                                                
SENATOR  GISSEL  further  explained   the  original  program  was                                                               
voluntary,  therefore,  the  bill  removes  the  term  "phase  in                                                               
program over a  three year period" and provisions  for opting out                                                               
of the program.  She said  the program has been highly successful                                                               
and  uses  no general  funds.    Senator  Gissel noted  there  is                                                               
virtually no opposition  to the bill albeit,  initially, the bill                                                               
was opposed because the program  includes vaccines for adults and                                                               
children.                                                                                                                       
                                                                                                                                
3:17:57 PM                                                                                                                    
                                                                                                                                
CO-CHAIR ZULKOSKY opened public testimony on SB 37.                                                                             
                                                                                                                                
3:18:23 PM                                                                                                                    
                                                                                                                                
KEN  HELANDER,   Alaska  Director   of  Advocacy,   AARP  Alaska,                                                               
expressed  AARP  Alaska's  continuing support  for  the  original                                                               
program and  for SB 37.   The assessment program is  a proven and                                                               
effective   model   for   cost   containment,   efficiency,   and                                                               
sensitivity  to rural  needs.   Also,  AARP  Alaska supports  the                                                               
inclusion of adults  in the program because  not being vaccinated                                                               
is a threat  to the health of  older adults.  He  said the public                                                               
health  interests  of  the  state are  served  by  a  coordinated                                                               
universal  vaccine  access  program;  in  addition,  AARP  Alaska                                                               
believes the program gives more  flexibility to the [commissioner                                                               
of  the  Department of  Health  and  Social Services  (DHSS)]  in                                                               
response to  an outbreak  of communicable  disease.   He restated                                                               
AARP Alaska's support for the passage of the bill.                                                                              
                                                                                                                                
3:19:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR ZULKOSKY,  after ascertaining  no one further  wished to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
3:19:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  moved to report [CSSB  37(FIN)], labeled 31-                                                               
LS0162\S, out  of committee  with individual  recommendations and                                                               
the accompanying fiscal  notes.  There being  no objection, [CSSB                                                               
37(FIN)]  was  reported  out  of  the  House  Health  and  Social                                                               
Services Standing Committee.                                                                                                    
                                                                                                                                
3:20:13 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:20 p.m. to 3:23 p.m.                                                                       
                                                                                                                                
         HB  96-PIONEERS' HOME AND VETERANS' HOME RATES                                                                     
                                                                                                                                
3:23:54 PM                                                                                                                    
                                                                                                                                
CO-CHAIR ZULKOSKY announced  the next order of  business would be                                                               
HOUSE BILL NO. 96, "An Act  relating to Alaska Pioneers' Home and                                                               
Alaska Veterans' Home rates and services."                                                                                      
                                                                                                                                
[Before the committee was CSHB 96(STA), labeled 31-LS0646\U.]                                                                   
                                                                                                                                
3:24:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ZACK FIELDS,  Alaska State  Legislature, speaking                                                               
as the sponsor  of HB 96, offered to answer  questions about CSHB                                                               
96 (STA).                                                                                                                       
                                                                                                                                
3:24:35 PM                                                                                                                    
                                                                                                                                
CO-CHAIR ZULKOSKY [opened] public testimony on HB 96.                                                                           
                                                                                                                                
3:25:08 PM                                                                                                                    
                                                                                                                                
LAURA BONNER  said she  is a 47-year  Alaska resident  and voter.                                                               
She  said  she  is  a   retired  construction  worker  living  in                                                               
Anchorage  and expressed  her  strong support  for  HB 96,  which                                                               
would keep  rates at the  Pioneer Homes and the  Alaska Veterans'                                                               
Home affordable.   She cautioned  raising rates is an  example of                                                               
cost  shifting.   Further,  the bill  would  show Alaskans  value                                                               
their veterans and  seniors, as they have since  1913.  Residents                                                               
of the  homes need predictability of  rates and she said  she may                                                               
need [said] predictability  in the future.  Ms.  Bonner urged for                                                               
the legislature to find other ways to raise revenue.                                                                            
                                                                                                                                
3:26:36 PM                                                                                                                    
                                                                                                                                
VERNA ESPENSHADE  said she is 88  years old and has  lived at the                                                               
Anchorage  Pioneer Home  for nine  years.   She used  to be  very                                                               
happy at  the Pioneer Home, but  in the past years,  the food and                                                               
the  atmosphere  are "not  all  the  way it  used  to  be."   Ms.                                                               
Espenshade spoke  in opposition  to raising her  rent.   She said                                                               
she can  afford her  Level 1 rent  of $2,588 but  if the  rent is                                                               
raised, she would  have to go on Medicaid, which  the state would                                                               
have to  pay.  She questioned  how this could be  the right thing                                                               
to do, when  she can afford to  pay her rent at  the present rate                                                               
but could  not afford to  pay over  $3,000.  She  complained that                                                               
the  home  has changed,  and  she  is  not  happy with  the  rent                                                               
situation.                                                                                                                      
                                                                                                                                
3:28:21 PM                                                                                                                    
                                                                                                                                
AVES THOMPSON said  his wife lives at the  Anchorage Pioneer Home                                                               
and has been diagnosed with  Alzheimer's disease.  She resides in                                                               
the  Memory  Care  Unit  and  the current  monthly  cost  of  her                                                               
residence and  assistance is $6,795  per month.  The  Division of                                                               
Alaska Pioneer  Homes [Department  of Health and  Social Services                                                               
(DHSS)]  is promulgating  regulations  that  would increase  [his                                                               
wife's] rate to  $13,333 per month - which is  an annual increase                                                               
of $78,456 - and  is not a budget reduction but  is only a change                                                               
in funding sources.   In fact, the governor's  amended budget for                                                               
the division  is only $4,200 less  than the current budget.   Mr.                                                               
Thompson said  he is  a private payer  and receives  no subsidies                                                               
from state  or federal government;  his long-term  care insurance                                                               
will lapse  in approximately 13  months and the remainder  of his                                                               
wife's care is funded by  retirement income and personal savings.                                                               
The rate  increase would force his  wife out of the  Pioneer Home                                                               
and the  final result would  be that most  or all of  the Pioneer                                                               
Homes'  residents will  be  subsidized by  public  dollars.   Mr.                                                               
Thompson  said this  fails  to benefit  the  citizens of  Alaska.                                                               
Although HB  96 would limit  the fees,  a 30 percent  increase is                                                               
excessive as the rate of  inflation in Alaska has been relatively                                                               
low.   He suggested an increase  of 10 percent to  20 percent may                                                               
be appropriate.  Mr. Thompson  advised [the increase in rates] is                                                               
not  consistent  with  statements  made  by  Representative  Neal                                                               
Foster, co-chair  of the House  Finance Committee.   Mr. Thompson                                                               
said without  action to  reduce the  rate increase,  the division                                                               
will  implement the  higher fees,  which will  be disruptive  and                                                               
destructive.                                                                                                                    
                                                                                                                                
3:32:16 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
3:32:48 PM                                                                                                                    
                                                                                                                                
CHARLES MCKEE provided  comments not on topic  with the published                                                               
agenda.                                                                                                                         
                                                                                                                                
3:37:04 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  ZULKOSKY,  after ascertaining  no  one  else wished  to                                                               
testify, closed public testimony on HB 96.                                                                                      
                                                                                                                                
3:37:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR moved  to report  CSHB 96(STA),  labeled 31-                                                               
LS0646\U, out  of committee  with individual  recommendations and                                                               
the accompanying fiscal note.                                                                                                   
                                                                                                                                
3:37:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  objected.   He observed  the bill  was not                                                               
referred  to the  House  Finance Committee  -  although the  bill                                                               
affects state finances  - and urged the committee  to request the                                                               
Speaker of the House to add a referral prior to moving the bill.                                                                
                                                                                                                                
3:38:24 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:38 p.m. to 3:40 p.m.                                                                       
                                                                                                                                
REPRESENTATIVE  PRUITT further  explained  because the  financial                                                               
nature of  the bill would  affect individuals and the  state, the                                                               
bill  should be  referred to  the  House Finance  Committee.   He                                                               
remarked:                                                                                                                       
                                                                                                                                
     ...  there's kind  of a  delicate  balance between  the                                                                    
     usurping  of, kind  of,  our  authority of  controlling                                                                    
     things, and  giving that to  the regulators as  well as                                                                    
     the  times that  we put  things in  statute because  of                                                                    
     the, the  great challenge  there is to  change statute.                                                                    
     ...  You  don't really want to give it  all over to the                                                                    
     regulators to  make those decisions, at  the same time,                                                                    
     as we've  seen this  year, anytime that  you're looking                                                                    
     to make a change  ...   it becomes very difficult if we                                                                    
     find  later that  we need  to make  an adjustment  that                                                                    
     doesn't fit  with the  statutory guidelines  that we've                                                                    
     given  ...  I'll maintain the objection.                                                                                   
                                                                                                                                
3:41:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ  recalled testimony by DHSS  presenting "valid                                                               
concerns" that  rates at the  Alaska Pioneer Homes have  not been                                                               
raised; however, she urged for  "some reason and rational" to the                                                               
process of  raising rates.   She  disagreed that  the methodology                                                               
using the  Consumer Price  Index (CPI)  restricts the  ability of                                                               
the  department to  raise  rates and  keep up  with  the cost  of                                                               
providing care.  One of the  problems has been that DHSS does not                                                               
have  a  structure   in  place  to  allow   for  reasonable  rate                                                               
increases.   Co-Chair Spohnholz agreed  if the division  tried to                                                               
proceed with  a dramatic increase  that did not comport  with the                                                               
language in  HB 96, it  would have  to return to  the legislature                                                               
for  a  policy   decision,  which  would  be   appropriate  if  a                                                               
[department/division] makes very extreme  changes.  She expressed                                                               
her support for the bill.                                                                                                       
                                                                                                                                
3:43:49 PM                                                                                                                    
                                                                                                                                
A  roll   call  vote  was   taken.     Representatives  Zulkosky,                                                               
Spohnholz, Drummond,  and Tarr voted  in favor of  reporting CSHB                                                               
96(STA)  out of  committee.   Representatives Pruitt  and Jackson                                                               
voted against  it.  Therefore,  CSHB 96(STA) was reported  out of                                                               
the  House Health  and Social  Services Standing  Committee by  a                                                               
vote of 4-2.                                                                                                                    
                                                                                                                                
3:44:34 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:44 p.m. to 3:47 p.m.                                                                       
                                                                                                                                
                                                                                                                                
         HB 133-JUVENILES: JUSTICE,FACILITES,TREATMENT                                                                        
                                                                                                                                
3:47:09 PM                                                                                                                    
                                                                                                                                
CO-CHAIR ZULKOSKY announced the final  order of business would be                                                               
HOUSE BILL NO. 133, "An Act  relating to care of juveniles and to                                                               
juvenile justice;  relating to  employment of  juvenile probation                                                               
officers  by  the  Department  of  Health  and  Social  Services;                                                               
relating  to   terms  used  in  juvenile   justice;  relating  to                                                               
mandatory  reporters  of  child  abuse or  neglect;  relating  to                                                               
sexual assault  in the third  degree; relating to  sexual assault                                                               
in the fourth degree; repealing  a requirement for administrative                                                               
revocation of  a minor's driver's  license, permit,  privilege to                                                               
drive,  or  privilege to  obtain  a  license for  consumption  or                                                               
possession of  alcohol or drugs;  and providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
CO-CHAIR SPOHNHOLZ, speaking as the  sponsor of HB 133, explained                                                               
the  bill  was introduced  at  the  request  of the  Division  of                                                               
Juvenile Justice (DJJ), Department  of Health and Social Services                                                               
(DHSS),  to  address  outdated   language  and  other  issues  in                                                               
statute.      She   paraphrased  from   the   following   sponsor                                                               
statement[original punctuation provided]:                                                                                       
                                                                                                                                
     HB 133  is a  statutory cleanup  bill that  updates the                                                                    
     terms used  to describe the facilities  operated by the                                                                    
     Division  of   Juvenile  Justice  (DJJ)   and  provides                                                                    
     updated definitions  for those terms.  Current statutes                                                                    
     contain  references to  facilities which  DJJ does  not                                                                    
     operate, and facilities that do  not exist in the state                                                                    
     of  Alaska. The  bill  also makes  a clear  distinction                                                                    
     between  the role  of juvenile  probation officers  and                                                                    
     adult   probation   officers   in  places   where   the                                                                    
     difference  is  unclear.   Additionally,  HB  133  adds                                                                    
     juvenile  justice  staff  to   the  list  of  mandatory                                                                    
     reporters  of child  abuse and  neglect. These  updates                                                                    
     are necessary  to provide  statutory clarity  to ensure                                                                    
     the  Division  can  manage its  facilities  effectively                                                                    
     throughout  the   state.  Currently,   Alaska  Statutes                                                                    
     reference   places  like   work   camps  and   juvenile                                                                    
     detention homes, which are  not recognized or operating                                                                    
     in  the   state  of  Alaska.  HB   133  adds  "juvenile                                                                    
     treatment facility", "juvenile  detention facility" and                                                                    
     "temporary secure juvenile  holding area" as facilities                                                                    
     currently being  operated by the division  and provides                                                                    
     clear  definitions for  each  of  these terms.  Because                                                                    
     references to these facilities occur  in many places in                                                                    
     statute, this  bill also touches upon  many sections of                                                                    
     statute.  These changes  are necessary  to provide  the                                                                    
     clearest  regulation over  facilities in  existence and                                                                    
     operated  by the  DJJ.  HB 133  clarifies  the role  of                                                                    
     juvenile  and   adult  probation  officers,   first  by                                                                    
     distinguishing clearly  between the two, and  second by                                                                    
     providing  a clear  definition  for  the term  juvenile                                                                    
     probation  officer.  These  are meaningful  changes  to                                                                    
     provide  the  best  protection  for  juveniles  in  the                                                                    
     custody of  the Division  of Juvenile  Justice. Lastly,                                                                    
     HB  133  adds  DJJ  staff  to  the  list  of  mandatory                                                                    
     reporters. It is the Division's  objective to engage in                                                                    
     the  rehabilitation of  juvenile offenders.  Adding DJJ                                                                    
     staff to  the list of mandatory  reporters provides the                                                                    
     best guarantee  that when DJJ  staff discover  cases of                                                                    
     child  abuse and  neglect,  those  cases are  reported,                                                                    
     investigated,  and resolved  for the  best interest  of                                                                    
     the  child.  While  these  technical  language  updates                                                                    
     touch  many   sections  of  statute,  the   changes  in                                                                    
     language do  not substantially  alter the  authority of                                                                    
     the Division over juveniles in  its care. Rather, these                                                                    
     updates  protect juveniles  by  making  it clear  where                                                                    
     juveniles  can  be  placed  and  clearly  defining  the                                                                    
     authority  of  DJJ,  its staff,  and  facilities  using                                                                    
     current and relevant language.                                                                                             
                                                                                                                                
CO-CHAIR  SPOHNHOLZ  added  another   update  is  to  correct  an                                                               
oversight revealed  by [the  recent court  decision in  State vs.                                                               
Daniel M.  Carey].  She  explained state law directs  that having                                                               
sex with  a person one  has authority over is  illegal; currently                                                               
however, DJJ staff  is exempt from this law, and  HB 133 adds DJJ                                                               
staff  to  the list  of  professionals  who have  authority  over                                                               
others and therefore could be  found responsible for sexual abuse                                                               
of a minor in certain  circumstances.  Generally speaking, HB 133                                                               
would make clarifications in language  to describe DJJ facilities                                                               
and staff and would update statute.                                                                                             
                                                                                                                                
3:51:46 PM                                                                                                                    
                                                                                                                                
TRACY  DOMPELING,  Director, DJJ,  DHSS,  listed  the many  state                                                               
departments, agencies,  and divisions,  and other  entities, that                                                               
contributed  to HB  133.   She  said updating  the  terms of  DJJ                                                               
facilities and staff has been  a priority for DJJ as inaccuracies                                                               
and   outdated  definitions   complicate   its   work  with   the                                                               
legislature, law enforcement, and the  public.  The changes would                                                               
also  clarify which  statutes  apply to  the  adult and  juvenile                                                               
systems of  justice.  Many  of the definitions  or clarifications                                                               
within  HB   133  are  located   throughout  statute;   also,  as                                                               
legislation directed  at DJJ is  "pretty rare," the  bill creates                                                               
an opportunity for other minor  corrections and adjustments.  Ms.                                                               
Dompeling  restated DJJ's  concern  about a  "loophole in  Alaska                                                               
Statute"  within  the  state's  criminal  code  -  regarding  the                                                               
prosecution  of a  significant crime  - that  is corrected  by HB                                                               
133.   She continued, noting  areas of reporting for  child abuse                                                               
are  considered mandatory  in  the policy  of  the division  thus                                                               
clarification   in   statute   is   warranted,   as   are   other                                                               
clarifications:  charging documents  filed by probation officers;                                                               
releases of information; victim  notifications; the revocation of                                                               
driver's licenses.                                                                                                              
                                                                                                                                
CO-CHAIR SPOHNHOLZ pointed out HB 133  is 21 pages long, so staff                                                               
developed two sectional analyses,  one that describes substantive                                                               
policy  changes and  their affected  statutes, and  another which                                                               
describes changes as they are located in the bill.                                                                              
                                                                                                                                
3:55:38 PM                                                                                                                    
                                                                                                                                
MEGAN HOLLAND, Staff, Representative  Ivy Spohnholz, Alaska State                                                               
Legislature, on  behalf of  Representative Spohnholz,  sponsor of                                                               
HB 133,  directed attention to  a document  entitled, "Definition                                                               
Reference Document" provided  in the committee packet.   She said                                                               
the  majority of  the bill  repeals  antiquated language,  amends                                                               
terminology, and  creates new definitions  where necessary.   Ms.                                                               
Holland  said  on  page  1,  the  document  enumerates  repealed,                                                               
amended, and new  terms as directed by  the bill.  On  page 2, in                                                               
section 24,  HB 133  repeals the definition  and powers  of youth                                                               
counselors.                                                                                                                     
                                                                                                                                
3:56:49 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:56 p.m. to 3:59 p.m.                                                                       
                                                                                                                                
MS.  HOLLAND directed  attention to  changes in  terminology that                                                               
are  made  by   the  bill  and  are  separate   from  the  policy                                                               
clarifications.  The term "youth  counselors" is repealed because                                                               
it  is antiquated  and "youth  counselor  powers" is  inaccurate.                                                               
She  noted the  document is  color-coded:   terms being  repealed                                                               
have   an  orange   background;  terms   amended  have   a  green                                                               
background;  new  terms  have a  blue  background;  locations  in                                                               
statute have  a yellow background;  references to  relevant areas                                                               
of  statute have  a  white background.    Additional terms  being                                                               
repealed  in   the  bill  are  juvenile   detention  home,  youth                                                               
detention facility, juvenile work  camp, and correctional school.                                                               
She  further explained  juvenile  detention home  is replaced  by                                                               
juvenile  detention  facility  and  is defined  to  be  a  secure                                                               
facility for the detention of  minors under DJJ custody.  Further                                                               
indicated  on page  2,  for accuracy  and  consistency, the  bill                                                               
replaces  the   terms  "juvenile   detention  home"   and  "youth                                                               
detention  facility" with  "juvenile  detention  facility" in  AS                                                               
Title 9, Title 14, Title 17, Title 18, and Title 41.                                                                            
                                                                                                                                
4:02:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT  asked  if   the  new  terminology  allows                                                               
flexibility  for additional  changes in  statute should  there be                                                               
future policy changes.                                                                                                          
                                                                                                                                
MS. DOMPELING  opined the new definitions  are sufficiently broad                                                               
unless there are unforeseen drastic changes.                                                                                    
                                                                                                                                
MS. HOLLAND continued to [page 4],  noting section 28 of the bill                                                               
amends  the definition  of "minor"  to include  a person  who was                                                               
under [18  years of age]  at the  time an offense  was committed.                                                               
Section  27   amends  the   definition  of   "juvenile  detention                                                               
facility" to  be a  secure facility for  the detention  of minors                                                               
under DJJ  custody.  Also, on  [page 4 and continuing  to pages 5                                                               
and  6]   are  the   references  to   statute  affected   by  the                                                               
aforementioned definition.                                                                                                      
                                                                                                                                
4:06:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JACKSON asked, "If  we change the definitions from                                                               
a correctional  school juvenile  detention home,  is that  to say                                                               
that we can never have one?"                                                                                                    
                                                                                                                                
MS.   DOMPELING,   in   response  to   Representative   Jackson's                                                               
clarification of  her question, said  to her knowledge  the state                                                               
has  never had  a correctional  school; DJJ  partners with  local                                                               
school  districts to  provide youth  with education  in a  locked                                                               
facility, but not in a correctional school per se.                                                                              
                                                                                                                                
REPRESENTATIVE JACKSON  asked whether  the state  has ever  had a                                                               
juvenile detention home.                                                                                                        
                                                                                                                                
MS. DOMPELING explained  there are many definitions  for the same                                                               
thing and  so the  name juvenile detention  home could  have been                                                               
used to  describe a certain  facility; the bill seeks  to clarify                                                               
the statute  by providing one definition  for various facilities.                                                               
In  further  response to  Representative  Jackson,  she said  DJJ                                                               
operates  two types  of secure  facilities:   juvenile  detention                                                               
facilities and juvenile secure treatment facilities.                                                                            
                                                                                                                                
REPRESENTATIVE  JACKSON surmised,  were  the state  to operate  a                                                               
correctional school, it would be included in the "generic name."                                                                
                                                                                                                                
MS. DOMPELING said yes.                                                                                                         
                                                                                                                                
MS. HOLLAND returned  attention to [page 6] and  noted section 29                                                               
defines "juvenile  treatment facility"  as a secure  facility for                                                               
treatment  of minors  adjudicated delinquent  and committed  by a                                                               
court  to the  care and  custody of  DJJ under  a "(b)  1 order."                                                               
Current  statute defines  juvenile treatment  institutions, which                                                               
is   an  inaccurate   connotation  of   DJJ's  facilities,   thus                                                               
throughout the  bill "institution"  is replaced  with "facility."                                                               
Further,  the  bill  clarifies  "secure  residential  psychiatric                                                               
center" is a  separate institution that would not  be operated by                                                               
DJJ, for example, the Alaska Psychiatric Institute (API).                                                                       
                                                                                                                                
4:11:25 PM                                                                                                                    
                                                                                                                                
MS. DOMPELING,  in response to Representative  Jackson, explained                                                               
DJJ requested  changes to the  language [in statute]  not because                                                               
it  sounds too  strict, but  because  it does  not reflect  DJJ's                                                               
mission.   Youth  are  ordered  by the  court  into DJJ  juvenile                                                               
secure  treatment  programs;  however,  DJJ  facilities  are  not                                                               
jails:   youth are required  to participate in  school, substance                                                               
abuse treatment, family therapy, and other treatment.                                                                           
                                                                                                                                
CO-CHAIR ZULKOSKY  expressed her understanding the  intent of the                                                               
bill  is to  bring  alignment and  consistency  into all  related                                                               
definitions in  order to more  accurately reflect  the activities                                                               
within DJJ.                                                                                                                     
                                                                                                                                
MS. DOMPELING said correct.                                                                                                     
                                                                                                                                
4:12:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JACKSON  said, "... you're saying  we're doing the                                                               
same things, but we just want to call it a facility."                                                                           
                                                                                                                                
MS.  DOMPELING advised  DJJ  has two  different  types of  secure                                                               
facilities:  detention  facilities are for youth  alleged to have                                                               
committed a crime but who  have not been convicted, and therefore                                                               
are  put in  a short-term  holding  situation without  treatment;                                                               
secure  treatment   facilities  are  for  youth   who  have  been                                                               
adjudicated for a crime and sentenced  to treatment for up to two                                                               
years.    In  further  response to  Representative  Jackson,  she                                                               
confirmed  youth  were   sent  to  a  detention   home  prior  to                                                               
sentencing.                                                                                                                     
                                                                                                                                
4:15:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JACKSON  cautioned,  "What  I'm  just  trying  to                                                               
clarify ... as a  kid I don't want to go to  a detention home ...                                                               
but a facility doesn't sound so bad."                                                                                           
                                                                                                                                
CO-CHAIR ZULKOSKY asked  Ms. Dompeling to discuss  the mission of                                                               
DJJ  as it  differs from  that of  the Department  of Corrections                                                               
(DOC).                                                                                                                          
                                                                                                                                
MS.  DOMPELING explained  the mission  of  DJJ is  to hold  youth                                                               
accountable  for  their  actions,   to  promote  the  safety  and                                                               
restoration   of  victims   and  communities,   and  to   provide                                                               
competency and  development for  youth in  order to  prevent them                                                               
from committing crimes in the future.                                                                                           
                                                                                                                                
CO-CHAIR ZULKOSKY asked how DOC completes its work.                                                                             
                                                                                                                                
MS. DOMPELING said  DOC is also aware of  research that indicates                                                               
incarceration  for a  sentenced period  of time  is not  a strong                                                               
deterrent against  recidivism.  In  fact, research has  shown, in                                                               
both juvenile and  adult systems, that addressing  the root cause                                                               
of  why one  is committing  a criminal  or delinquent  offense is                                                               
more  likely  to prevent  recidivism.    In juvenile  facilities,                                                               
youth do  not have an  option as  to whether they  participate in                                                               
treatment programs so they can  progress to release; however, DOC                                                               
does  not  have  the  ability  to provide  [a  similar  level  of                                                               
mandatory individual treatment].                                                                                                
                                                                                                                                
4:18:10 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ,  in   response  to  Representative  Jackson,                                                               
explained   HB   133   does   not   make   broad-ranging   policy                                                               
restructuring by changing  the names used by DJJ.   The intent of                                                               
the bill is to conform law  with changes that have been made over                                                               
the last  several decades  related to  changes in  DJJ operations                                                               
and changes  in the  treatment of youth  that have  occurred over                                                               
several decades,  but the  law and language  in statute  have not                                                               
kept  up  with the  pace  of  the  changes.   In  fact,  outdated                                                               
nomenclature has created problems for  DJJ, the court system, and                                                               
law enforcement; she  stressed the bill does not  propose to make                                                               
"facilities more  or less strict ...  and I would argue  that the                                                               
term facility isn't  more or less strict - or  more or less scary                                                               
- than  previous names,  it's just  that those  institutions like                                                               
homes,  juvenile detention  homes,  just don't  exist anymore  so                                                               
it's more appropriate to have a broader definition ...."                                                                        
                                                                                                                                
REPRESENTATIVE JACKSON asked  for an example of  how the [current                                                               
language in statute] interfered with law enforcement.                                                                           
                                                                                                                                
MS. DOMPELING  gave an example  of a law enforcement  officer who                                                               
seeks  to place  a juvenile  in  a juvenile  detention home,  but                                                               
finds Johnson Youth Center is a juvenile detention facility.                                                                    
                                                                                                                                
4:22:05 PM                                                                                                                    
                                                                                                                                
MS. HOLLAND returned attention to  [page 6 and continuing through                                                               
page 8] which listed the  statutes affected by the new definition                                                               
"juvenile  treatment  facility."    She continued  to  [page  9],                                                               
noting  section  29  creates  a   new  definition  for  the  term                                                               
"temporary  secure juvenile  holding  area":   separate  quarters                                                               
used for temporary detention of  a delinquent pending court order                                                               
or transportation to a juvenile  detention facility.  Ms. Holland                                                               
explained the  reason for the  new term is that  existing statute                                                               
relates only  to short-term  detention in a  city jail,  which is                                                               
not an  option in  many rural  communities in  Alaska.   On [page                                                               
10], section 24 creates a  new definition for "juvenile probation                                                               
officers"  and repeals  the  definition  for "youth  counselors."                                                               
Section 24 also  gives juvenile probation officers  the powers of                                                               
probation  officers   and  describes   the  duties   of  juvenile                                                               
probation officers.                                                                                                             
                                                                                                                                
REPRESENTATIVE JACKSON  asked for the difference  between a youth                                                               
counselor and a probation officer.                                                                                              
                                                                                                                                
MS. DOMPELING  explained DJJ no  longer has youth  counselors but                                                               
has juvenile  justice officers  who are staff  who work  in DJJ's                                                               
twenty-four hour, seven  day-per-week facilities providing direct                                                               
care and supervision of youth who  have been ordered by the court                                                               
into secure  treatment or secure  detention.   Probation officers                                                               
are  DJJ  staff  who  receive   and  respond  to  allegations  of                                                               
delinquency,  and  work  with youth,  families,  and  victims  to                                                               
determine appropriate  formal or  informal action,   Furthermore,                                                               
after  a court  finding,  probation officers  work directly  with                                                               
youth and families, seeking to  prevent recidivism.  In addition,                                                               
if  youth  are in  violation  of  terms of  probation,  probation                                                               
officers intercede.                                                                                                             
                                                                                                                                
4:27:02 PM                                                                                                                    
                                                                                                                                
MS.  HOLLAND turned  attention to  the  [*Edited 4/23*  sectional                                                               
analysis] in order to review  the policy clarifications within HB                                                               
133.  She  noted the document is color-coded:   new, amended, and                                                               
repealed   definitions   have   an  orange   background;   policy                                                               
clarifications  have a  blue  background;  references to  updated                                                               
terminology   in  relevant   areas  of   statute  have   a  white                                                               
background.  As  indicated in blue on [page 2],  section 5 of the                                                               
bill clarifies employees of  juvenile treatment institutions, and                                                               
juvenile  and   adult  probation   officers,  qualify   as  legal                                                               
guardians; legal  guardians are  defined as persons  who exercise                                                               
supervision  over a  minor,  or other  person  committed to  DHSS                                                               
custody.   To  address the  aforementioned [State  of Alaska  vs.                                                               
Daniel  M. Carey]  court decision,  section  6 adds  correctional                                                               
employees and  DJJ staff  to the list  of individuals  defined as                                                               
being in  a position of  authority over  a minor when  applied to                                                               
charges of  sexual abuse  of a  minor in  the first,  second, and                                                               
fourth degree.                                                                                                                  
                                                                                                                                
CO-CHAIR ZULKOSKY surmised  this policy change is  to address the                                                               
aforementioned loophole in statute.                                                                                             
                                                                                                                                
MS. HOLLAND said yes.                                                                                                           
                                                                                                                                
REPRESENTATIVE  PRUITT asked  for an  explanation of  the current                                                               
loophole in statute.                                                                                                            
                                                                                                                                
MS. HOLLAND  explained there are  two issues, the first  of which                                                               
is  the inaccurate  definition of  juvenile  probation officer  -                                                               
which  is repealed  in  section 3  of  HB 133  -  that defines  a                                                               
juvenile probation officer as one  who is assigned to supervising                                                               
individuals 18  or 19 years  of age.  This  inaccurate definition                                                               
is part  of the  reason the  [defendant in  the lawsuit]  was not                                                               
successfully prosecuted for sexual abuse of a minor.                                                                            
                                                                                                                                
REPRESENTATIVE PRUITT  asked, "... can you  clarify we're getting                                                               
rid of  a different  terminology than they  highlighted in,  in a                                                               
court case?"                                                                                                                    
                                                                                                                                
MS. HOLLAND further explained the  current definition of position                                                               
of authority  does not clearly  list DJJ staff,  parole officers,                                                               
or employees of DJJ, even  though the definition does include "or                                                               
a substantially similar position to  examples such as guardian ad                                                               
litem,  babysitter,  teacher,  et  cetera  ...."    She  restated                                                               
section 6  of the bill  clearly lists DJJ facility  staff members                                                               
under  the definition  of position  of authority  so they  can be                                                               
included in  charges of  sexual abuse  of a  minor in  the first,                                                               
second, and fourth degree.                                                                                                      
                                                                                                                                
4:33:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT asked  about  the second  issue, which  is                                                               
"the under  18 challenge" and  surmised the [DJJ]  employee would                                                               
have had  to be  over the age  of 18 and  thus would  have fallen                                                               
"within  other  statutory  designations   of  rape,  even."    He                                                               
discussed several other related scenarios.                                                                                      
                                                                                                                                
CO-CHAIR  SPOHNHOLZ  suggested  there is  confusion  between  the                                                               
perpetrator and  the victim:   the perpetrator  was an  adult and                                                               
the victim was underage.  She remarked:                                                                                         
                                                                                                                                
     The  way  that  the  statute  was  written  is  that  a                                                                    
     juvenile probation  officer means a person  assigned to                                                                    
     supervise another  person 18 or  19 years of  age when,                                                                    
     in fact, they  are supervising people that  are ... the                                                                    
     age of 19 and under.   ...  And, the juvenile probation                                                                    
     officer  was  not  identified in  statute  as  being  a                                                                    
     person who  has authority over  the victim.   For those                                                                    
     two reasons,  this person was able  to demonstrate that                                                                    
     they  should  not  be  held  accountable  for  sexually                                                                    
     abusing  this   minor.    ...     They  were   able  to                                                                    
     demonstrate in a court of  law because our, because our                                                                    
     language   hadn't  kept   up  with   what  was   really                                                                    
     happening, they were able to get him off.                                                                                  
                                                                                                                                
CO-CHAIR ZULKOSKY inquired as to  the minimum age required for an                                                               
individual who works as a  juvenile justice officer or a juvenile                                                               
probation officer within DHSS.                                                                                                  
                                                                                                                                
MS.  DOMPELING answered  usually 21  years of  age; although  job                                                               
classes  differ, probation  officer  staff are  usually a  little                                                               
older because  they are required  to have a bachelor's  degree or                                                               
five or six years of prior experience.                                                                                          
                                                                                                                                
CO-CHAIR ZULKOSKY, in response  to Representative Pruitt, advised                                                               
the  bill  will  be  referred to  the  House  Judiciary  Standing                                                               
Committee and returned  attention to aspects of  the bill germane                                                               
to the House Health and Social Services Standing Committee.                                                                     
                                                                                                                                
4:39:10 PM                                                                                                                    
                                                                                                                                
MS.  HOLLAND   directed  attention  to  section   8,  which  adds                                                               
treatment institutions  and juvenile treatment facilities  to the                                                               
list  of  facilities  excluded   from  the  legal  definition  of                                                               
"private exposure."   Private exposure occurs  when an individual                                                               
exposes their  body or part  of their body  in a place  and under                                                               
circumstances  where  they  believe  that no  one  would  see  or                                                               
photograph them, however, private  exposure does not occur within                                                               
correctional  facilities and  [by provisions  in HB  133], within                                                               
juvenile justice  treatment facilities.  Section  9 clarifies DJJ                                                               
facilities  and  treatment  facilities  are  places  were  public                                                               
education must  be provided.   [On page 3], section  11 clarifies                                                               
juvenile  detention  facilities   and  treatment  facilities  are                                                               
included in  the list  of facilities operated  by the  state that                                                               
are  not  required to  provide  medical  marijuana.   Section  16                                                               
inserts "juvenile" before "probation  officers" to clarify duties                                                               
are   specific   to   juvenile  probation   officers,   and   not                                                               
correctional  officers.    Section  17  clarifies  DJJ  may  file                                                               
amended  or   supplemental  petitions   if  new   information  is                                                               
received.   [On page 4],  section 22 inserts the  term "juvenile"                                                               
to clarify  the authority  to arrest  a minor  rests specifically                                                               
with  juvenile  probation officers.    Section  23 clarifies  the                                                               
authority  to detain  a minor  rests  specifically with  juvenile                                                               
probation  officers.     Section  25  adds   "secure  residential                                                               
psychiatric  treatment centers"  to the  list of  facilities from                                                               
which, at  the victim's request,  they will  receive notification                                                               
upon  release of  a juvenile.  [On page  5], section  26 corrects                                                               
language  authorizing  the  department to  disclose  confidential                                                               
information  related to  the  offense  at the  time  a minor  has                                                               
received an adjudication,  and not at the time  of an allegation.                                                               
[On page  6], section  38 adds  juvenile probation  officers, DJJ                                                               
office staff,  and staff  of juvenile facilities  to the  list of                                                               
mandatory  reporters  of child  abuse  or  neglect.   Section  39                                                               
repeals revocation of driver's  licenses for non-driving offenses                                                               
that are  adjudicated informally -  a provision which  was absent                                                               
from 2016 legislation - and Ms. Holland gave an example.                                                                        
                                                                                                                                
4:46:26 PM                                                                                                                    
                                                                                                                                
CO-CHAIR ZULKOSKY returned attention to  sections 5 through 7 and                                                               
asked DJJ  to provide  an executive summary  to the  committee to                                                               
clarify  how the  bill would  resolve the  issues related  to DJJ                                                               
staff who  are in a  position of  authority.  Further,  she asked                                                               
that the executive  summary include references to  the [State vs.                                                               
Daniel M. Carey] court case.                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT concurred.                                                                                                
                                                                                                                                
REPRESENTATIVE TARR  returned attention  to section 22  and asked                                                               
for clarification  of "parole  officers" and  "juvenile probation                                                               
officers."                                                                                                                      
                                                                                                                                
MS. DOMPELING explained there are  no juvenile parole officers in                                                               
Alaska,  and  all  are  juvenile   probation  officers  [who  are                                                               
assigned] whether  a youth is  placed on probation by  the court,                                                               
or after release from a DJJ secure treatment facility.                                                                          
                                                                                                                                
REPRESENTATIVE  TARR asked  whether  juvenile probation  officers                                                               
are involved at  pre-trial, during custody, and after  a youth is                                                               
released.                                                                                                                       
                                                                                                                                
MS.  DOMPELING said  yes.   She  informed the  committee in  most                                                               
areas,  the  probation officer  involved  with  the first  report                                                               
alleging  delinquency  will  usually  stay with  that  youth  and                                                               
family  all  the  way  up  through  their  period  of  probation.                                                               
Furthermore, a youth ordered into  a secure treatment facility is                                                               
assigned  a transitional  services  probation  officer who  works                                                               
with the  youth on  reentry and during  their time  of supervised                                                               
probation.                                                                                                                      
                                                                                                                                
4:49:53 PM                                                                                                                    
                                                                                                                                
MATT  DAVIDSON, Social  Services Program  Officer, DJJ,  DHSS, in                                                               
further  response to  Representative Pruitt's  questions, related                                                               
the Department of  Law drafted the provisions of  HB 133 intended                                                               
to close  the [loophole]  that allowed for  the acquittal  in the                                                               
State vs. Daniel  M. Carey court case, and he  offered to provide                                                               
further  information  in  this  regard.   He  said  part  of  the                                                               
confusion [about  the remedy]  is that the  victim was  almost 18                                                               
and  was not  a  resident of  the  facility at  the  time of  the                                                               
offense.  He remarked:                                                                                                          
                                                                                                                                
     But while  the victim  was in  the facility,  Mr. Carey                                                                    
     used  his   position  of   authority  to   develop  the                                                                    
     relationship and then upon  release, this under-18 year                                                                    
     old minor developed a relationship  with Mr. Carey.  It                                                                    
     was  not  a sexual  assault  because  of, some  of  the                                                                    
     consensual natures because she  was a 16-year-old.  ...                                                                    
     So,  the provisions  of sexual  assault don't  apply in                                                                    
     that  case.    ...     So,  that's  why  you  see  that                                                                    
     definition in  the bill where there's  18- and 19-year-                                                                    
     olds  under  juvenile  probation  officers  ...  that's                                                                    
     about  these young  adults who  are supervised,  and we                                                                    
     want to  make sure  that our staff  are not  allowed to                                                                    
     engage  in  consensual  or not,  you  know,  consensual                                                                    
     relationships with people they are supervising.                                                                            
                                                                                                                                
MR. DAVIDSON said the provisions  of sexual assault did not apply                                                               
in the State vs. Daniel M.  Carey case, so the prosecutor charged                                                               
sexual abuse of  a minor - also a very  serious felony - however,                                                               
to  support that  argument,  the definition  in  statute must  be                                                               
amended to "juvenile justice facility  staff" because position of                                                               
authority under current statute  says "counselor"; thus the judge                                                               
and defense  attorneys in the  case argued successfully  that the                                                               
[statute]  did  not  apply  because   the  defendant  was  not  a                                                               
counselor,  or in  a substantially  similar position,  but was  a                                                               
juvenile justice  officer, "and so,  that's what we're  trying to                                                               
fix here  ...."  He further  reviewed both of the  changes within                                                               
HB 133.                                                                                                                         
                                                                                                                                
4:53:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT expressed his  understanding of portions of                                                               
the preceding testimony related to  the State vs. Daniel M. Carey                                                               
case  and observed  [HB 133]  intends to  address not  the charge                                                               
that there was sexual abuse of  a minor in the second degree, but                                                               
the  abuse of  a  position  of authority,  which  is "that  small                                                               
loophole, and  it is a  small loophole,  from which we  have make                                                               
that slight adjustment."                                                                                                        
                                                                                                                                
MR. DAVIDSON  confirmed that  the position  of authority  was the                                                               
loophole that was  the basis for the court ruling  even though it                                                               
was  intended   to  be  a   broad  definition  [of   position  of                                                               
authority].  He pointed out the  term youth counselor was used to                                                               
define staff in  the past; however, after the creation  of DJJ in                                                               
1998,  a  new   job  class  of  juvenile   justice  officers  was                                                               
developed.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  PRUITT  surmised  the broad  terminology  changes                                                               
within HB  133 are necessary because  of the State vs.  Daniel M.                                                               
Carey court case and its ramifications.                                                                                         
                                                                                                                                
MR. DAVIDSON  acknowledged DJJ was  working on the bill  prior to                                                               
the judgement on State vs. Daniel  M. Carey, and said, "We cannot                                                               
allow another case like this to move forward."                                                                                  
                                                                                                                                
4:56:33 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  ZULKOSKY opened  public  testimony on  HB  133.   After                                                               
ascertaining  no  one wished  to  testify,  public testimony  was                                                               
closed.                                                                                                                         
                                                                                                                                
[HB 133 was held over.]                                                                                                         
                                                                                                                                
4:57:34 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Health and Social Services Standing Committee meeting was                                                                       
adjourned at 4:57 p.m.                                                                                                          

Document Name Date/Time Subjects
HB133 Supporting Document-Carey Case 4.22.19.pdf HHSS 4/23/2019 3:00:00 PM
HHSS 4/25/2019 3:00:00 PM
HB 133
HB133 Sectional Analysis ver M 4.22.19.pdf HHSS 4/23/2019 3:00:00 PM
HB 133
HB133 Supporting Document-Reference by Definition 4.22.19.pdf HHSS 4/23/2019 3:00:00 PM
HHSS 4/25/2019 3:00:00 PM
HB 133
HB133 Sponsor Statement 4.22.19.pdf HHSS 4/23/2019 3:00:00 PM
HHSS 4/25/2019 3:00:00 PM
HB 133
SB37 AVAP Renewal vsn A 1-25-19.PDF HHSS 4/23/2019 3:00:00 PM
SHSS 2/6/2019 1:30:00 PM
SB 37
SB37 Hearing Request HSS 1-30-19.pdf HHSS 4/23/2019 3:00:00 PM
SB 37
SB37 Letter of Support AK Pediatric Grp 1-24-19.pdf HHSS 4/23/2019 3:00:00 PM
SHSS 2/6/2019 1:30:00 PM
SB 37
SB37 Letter of Support American Academy of Pediatrics - AK 1-24-19.pdf HHSS 4/23/2019 3:00:00 PM
SHSS 2/6/2019 1:30:00 PM
SB 37
SB37 Sponsor Statement 1-28-19.cg.pdf HHSS 4/23/2019 3:00:00 PM
SFIN 2/13/2019 9:00:00 AM
SHSS 2/6/2019 1:30:00 PM
SB 37
SB37 Supporting Document WA Post Anti Vaccine NC outbreak 11-18.pdf HHSS 4/23/2019 3:00:00 PM
SFIN 2/13/2019 9:00:00 AM
SHSS 2/6/2019 1:30:00 PM
SB 37
SB37 Supporting Document Alaska Public Health Advisory 1-29-19.pdf HHSS 4/23/2019 3:00:00 PM
SFIN 2/13/2019 9:00:00 AM
SHSS 2/6/2019 1:30:00 PM
SB 37
SB37 Supporting Document AVAP Annual Report 2018.pdf HHSS 4/23/2019 3:00:00 PM
SFIN 2/13/2019 9:00:00 AM
SHSS 2/6/2019 1:30:00 PM
SB 37
SB37 Supporting Document AVAP Status Update 2017.pdf HHSS 4/23/2019 3:00:00 PM
SFIN 2/13/2019 9:00:00 AM
SHSS 2/6/2019 1:30:00 PM
SB 37
SB37 Sectional Analysis 2-3-19.pdf HHSS 4/23/2019 3:00:00 PM
SFIN 2/13/2019 9:00:00 AM
SHSS 2/6/2019 1:30:00 PM
SB 37
SB37 Supporting Document NPR 2-2-19.pdf HHSS 4/23/2019 3:00:00 PM
SFIN 2/13/2019 9:00:00 AM
SHSS 2/6/2019 1:30:00 PM
SB 37
SB37 Supporting Document AVAP Payers.pdf HHSS 4/23/2019 3:00:00 PM
SFIN 2/13/2019 9:00:00 AM
SHSS 2/6/2019 1:30:00 PM
SB 37
HB133 Fiscal Note DHSS DJJ 4.21.2019.pdf HHSS 4/23/2019 3:00:00 PM
HHSS 4/25/2019 3:00:00 PM
HB 133
SB37 Supporting Document AVAP Providers.pdf HHSS 4/23/2019 3:00:00 PM
SFIN 2/13/2019 9:00:00 AM
SHSS 2/6/2019 1:30:00 PM
SB 37
HB096 Bill Version A 3.25.19.PDF HHSS 4/9/2019 3:00:00 PM
HHSS 4/23/2019 3:00:00 PM
HSTA 3/26/2019 3:00:00 PM
HB 96
HB096 Sponsor Statement 3.25.19.pdf HHSS 4/9/2019 3:00:00 PM
HHSS 4/23/2019 3:00:00 PM
HSTA 3/26/2019 3:00:00 PM
HB 96
HB096 Sectional Analysis 3.25.19.pdf HHSS 4/9/2019 3:00:00 PM
HHSS 4/23/2019 3:00:00 PM
HSTA 3/26/2019 3:00:00 PM
HB 96
HB096 Fiscal Note DHSS-APHPA 3.25.19.pdf HHSS 4/9/2019 3:00:00 PM
HHSS 4/23/2019 3:00:00 PM
HSTA 3/26/2019 3:00:00 PM
HB 96
HB096 Supporting Document Alaska Pioneer Homes Advisory Board Report 2018 3.25.19.pdf HHSS 4/9/2019 3:00:00 PM
HHSS 4/23/2019 3:00:00 PM
HSTA 3/26/2019 3:00:00 PM
HB 96
HB096 Supporting Document Consumer Price Index in AK Statutes 3.25.19.pdf HHSS 4/9/2019 3:00:00 PM
HHSS 4/23/2019 3:00:00 PM
HSTA 3/26/2019 3:00:00 PM
HB 96
HB096 Supporting Document-PPT Presentation 3.5.19 HSS Finance Subcommittee, 3.25.19.pdf HHSS 4/9/2019 3:00:00 PM
HHSS 4/23/2019 3:00:00 PM
HSTA 3/26/2019 3:00:00 PM
HB 96
HB096 Letters of Support 3.25.19.pdf HHSS 4/9/2019 3:00:00 PM
HHSS 4/23/2019 3:00:00 PM
HSTA 3/26/2019 3:00:00 PM
HB 96
HB096 Supporting Document AK Dept of Labor Consumer Price Index 2018 3.25.19.pdf HHSS 4/9/2019 3:00:00 PM
HHSS 4/23/2019 3:00:00 PM
HSTA 3/26/2019 3:00:00 PM
HB 96
HB096 Fiscal Note DHSS-PH 3.26.19.pdf HHSS 4/9/2019 3:00:00 PM
HHSS 4/23/2019 3:00:00 PM
HSTA 3/26/2019 3:00:00 PM
HB 96
HB096 Supporting Document DHSS Budget Subcommittee Amendment No. 1 PASSED 3.26.19.pdf HHSS 4/9/2019 3:00:00 PM
HHSS 4/23/2019 3:00:00 PM
HSTA 3/26/2019 3:00:00 PM
HB 96
HB096 Letter of Support #11 3.27.19.pdf HHSS 4/23/2019 3:00:00 PM
HB 96
HB096 Letter of Support #12 3.27.19.pdf HHSS 4/23/2019 3:00:00 PM
HB 96
HB096 Letters of Support Redacted 3.27.19.pdf HHSS 4/23/2019 3:00:00 PM
HB 96
HB096 Letters of Support Redacted 3.27.19.pdf HHSS 4/23/2019 3:00:00 PM
HSTA 3/28/2019 3:00:00 PM
HB 96
HB096 ver U Sectional Analysis 3.28.19.pdf HHSS 4/23/2019 3:00:00 PM
HSTA 3/28/2019 3:00:00 PM
HB 96
HB096 Opposing Document - Letter of Opposition 3.28.19.pdf HHSS 4/9/2019 3:00:00 PM
HHSS 4/23/2019 3:00:00 PM
HB 96
HB096 Supporting Document - Letter of Support 3.28.19.pdf HHSS 4/23/2019 3:00:00 PM
HB 96
HB096 Fiscal Note ver U PHPA-HSTA 4.3.19.pdf HHSS 4/23/2019 3:00:00 PM
HSTA 4/2/2019 4:00:00 PM
HB 96
CSHB 96 Sectional Analysis Version M 4.3.19.pdf HHSS 4/23/2019 3:00:00 PM
HB 96
CSHB 96 Hearing Request Memo-Rep Fields to HSS Committee 4.3.19.pdf HHSS 4/23/2019 3:00:00 PM
HB 96
CSHB 96 Fiscal Note Pioneer Home Allocation 4.3.19.pdf HHSS 4/23/2019 3:00:00 PM
HB 96
CSHB 96 Fiscal Note Payment Assistance Allocation 4.3.19.pdf HHSS 4/23/2019 3:00:00 PM
HB 96
HB0096 Bill Version M 4.3.19.PDF HHSS 4/23/2019 3:00:00 PM
HB 96
CSHB 96 Version U 4.3.19.pdf HHSS 4/23/2019 3:00:00 PM
HB 96
CSHB 96 Supporting Document Combined Letters of Support 4.8.19.pdf HHSS 4/23/2019 3:00:00 PM
HB 96
CSHB 96 Summary of Changes Version M to Version U 4.3.19.pdf HHSS 4/23/2019 3:00:00 PM
HB 96
CSHB 96 Sponsor Statement 4.3.19.pdf HHSS 4/23/2019 3:00:00 PM
HB 96