Legislature(2003 - 2004)

04/10/2003 09:05 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 10, 2003                                                                                         
                           9:05 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bruce Weyhrauch, Chair                                                                                           
Representative Jim Holm, Vice Chair                                                                                             
Representative Nancy Dahlstrom                                                                                                  
Representative Bob Lynn                                                                                                         
Representative Paul Seaton                                                                                                      
Representative Ethan Berkowitz                                                                                                  
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Max Gruenberg                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 47                                                                                                               
"An Act prohibiting discrimination by credit rating or credit                                                                   
scoring in certain insurance rates; and providing for an                                                                        
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSHB 47(STA) OUT OF COMMITTEE                                                                                      
                                                                                                                                
SENATE JOINT RESOLUTION NO. 7                                                                                                   
Expressing support for Vancouver, British Columbia's, bid for                                                                   
the 2010 Olympic Winter Games and the Paralympic Winter Games.                                                                  
                                                                                                                                
     - MOVED HCS SJR 7(EDT) OUT OF COMMITTEE                                                                                    
                                                                                                                                
HOUSE BILL NO. 229                                                                                                              
"An Act relating to special medical parole and to prisoners who                                                                 
are severely medically and cognitively disabled."                                                                               
                                                                                                                                
     - MOVED CSHB 229(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 5                                                                                                                
"An Act prohibiting discrimination by credit rating or credit                                                                   
scoring in insurance rates; and providing for an effective                                                                      
date."                                                                                                                          
                                                                                                                                
     - MOVED CSHB 5(STA) OUT OF COMMITTEE                                                                                       
                                                                                                                                
HOUSE BILL NO. 102                                                                                                              
"An Act relating to concealed deadly weapons."                                                                                  
                                                                                                                                
     - MOVED CSHB 102(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 55                                                                                        
"An  Act   expressing  legislative  intent   regarding  privately                                                               
operated correctional  facility space  and services;  relating to                                                               
the development and financing  of privately operated correctional                                                               
facility  space  and  services;  authorizing  the  Department  of                                                               
Corrections to  enter into an  agreement for the  confinement and                                                               
care  of prisoners  in privately  operated correctional  facility                                                               
space; authorizing  the Department  of Corrections to  enter into                                                               
agreements  with municipalities  to expand  existing correctional                                                               
facilities; and providing for an effective date."                                                                               
                                                                                                                                
     - MOVED CSSSHB 55(STA) OUT OF COMMITTEE                                                                                    
                                                                                                                                
CS FOR SENATE JOINT RESOLUTION NO. 5(STA)                                                                                       
Urging the  President of  the United States  and the  Congress to                                                               
act  to  ensure  that  federal agencies  do  not  retain  records                                                               
relating  to lawful  purchase or  ownership of  firearms gathered                                                               
through the Brady Handgun Bill instant check system.                                                                            
                                                                                                                                
     - MOVED CSSJR 5(STA) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 221                                                                                                              
"An Act  making it  a class  C felony to  knowingly make  a false                                                               
statement relating to citizenship  or residency on an application                                                               
for voter registration or reregistration."                                                                                      
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HB 47                                                                                                                   
SHORT TITLE:INSURANCE DISCRIMINATION BY CREDIT RATING                                                                           
SPONSOR(S): REPRESENTATIVE(S)CHENAULT                                                                                           
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
01/21/03     0043       (H)        PREFILE RELEASED (1/10/03)                                                                   
01/21/03     0043       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
01/21/03     0043       (H)        STA, L&C                                                                                     
02/05/03     0135       (H)        COSPONSOR(S): STEVENS                                                                        
02/06/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
02/06/03                (H)        Heard & Held                                                                                 
                                   MINUTE(STA)                                                                                  
02/10/03     0173       (H)        COSPONSOR(S): CRAWFORD                                                                       
03/29/03                (H)        STA AT 9:30 AM FAHRENKAMP 203                                                                
03/29/03                (H)        Heard & Held                                                                                 
                                   MINUTE(STA)                                                                                  
04/10/03                (H)        STA AT 9:00 AM CAPITOL 102                                                                   
                                                                                                                                
BILL: SJR 7                                                                                                                   
SHORT TITLE:VANCOUVER'S BID FOR 2010 WINTER GAMES                                                                               
SPONSOR(S): WORLD TRADE AND STATE/FEDERAL RELATIONS                                                                             
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/07/03     0132       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/07/03     0132       (S)        L&C, STA                                                                                     
03/04/03                (S)        L&C AT 1:30 PM BELTZ 211                                                                     
03/04/03                (S)        Moved Out of Committee                                                                       
03/04/03                (S)        MINUTE(L&C)                                                                                  
03/05/03     0354       (S)        L&C RPT 2DP 1NR                                                                              
03/05/03     0354       (S)        NR: BUNDE; DP: DAVIS, FRENCH                                                                 
03/05/03     0355       (S)        FN1: ZERO(LEG)                                                                               
03/11/03                (S)        STA AT 3:30 PM BELTZ 211                                                                     
03/11/03                (S)        Moved Out of Committee                                                                       
03/11/03                (S)        MINUTE(STA)                                                                                  
03/12/03     0469       (S)        STA RPT 5DP                                                                                  
03/12/03     0469       (S)        DP: STEVENS G, HOFFMAN,                                                                      
                                   COWDERY,                                                                                     
03/12/03     0469       (S)        DYSON, GUESS                                                                                 
03/12/03     0469       (S)        FN1: ZERO(LEG)                                                                               
03/13/03     0493       (S)        RULES TO CALENDAR 3/13/2003                                                                  
03/13/03     0493       (S)        READ THE SECOND TIME                                                                         
03/13/03     0493       (S)        ADVANCED TO THIRD READING                                                                    
                                   UNAN CONSENT                                                                                 
03/13/03     0494       (S)        READ THE THIRD TIME SJR 7                                                                    
03/13/03     0494       (S)        PASSED Y19 N- E1                                                                             
03/13/03     0496       (S)        TRANSMITTED TO (H)                                                                           
03/13/03     0496       (S)        VERSION: SJR 7                                                                               
03/14/03     0531       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/14/03     0531       (H)        EDT, STA                                                                                     
03/31/03                (H)        EDT AT 5:00 PM CAPITOL 120                                                                   
03/31/03                (H)        Moved HCS SJR 7(EDT) Out of                                                                  
                                   Committee                                                                                    
                                   MINUTE(EDT)                                                                                  
04/02/03     0735       (H)        EDT RPT HCS(EDT) 6DP                                                                         
04/02/03     0735       (H)        DP: CISSNA, KOTT, KOHRING,                                                                   
                                   MCGUIRE,                                                                                     
04/02/03     0735       (H)        CRAWFORD, HEINZE                                                                             
04/02/03     0736       (H)        FN1: ZERO(LEG)                                                                               
04/10/03                (H)        STA AT 9:00 AM CAPITOL 102                                                                   
                                                                                                                                
BILL: HB 229                                                                                                                  
SHORT TITLE:PAROLE FOR MEDICAL/COGNITIVE DISABILITY                                                                             
SPONSOR(S): FINANCE                                                                                                             
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
03/31/03     0712       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/31/03     0712       (H)        STA, FIN                                                                                     
04/10/03                (H)        STA AT 9:00 AM CAPITOL 102                                                                   
                                                                                                                                
BILL: HB 5                                                                                                                    
SHORT TITLE:INSURANCE DISCRIMINATION BY CREDIT RATING                                                                           
SPONSOR(S): REPRESENTATIVE(S)CRAWFORD                                                                                           
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
01/21/03     0031       (H)        PREFILE RELEASED (1/10/03)                                                                   
01/21/03     0031       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
01/21/03     0031       (H)        STA, L&C                                                                                     
03/06/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
03/06/03                (H)        Heard & Held                                                                                 
03/06/03                (H)        MINUTE(STA)                                                                                  
03/17/03     0566       (H)        COSPONSOR(S): CROFT                                                                          
03/29/03                (H)        STA AT 9:30 AM FAHRENKAMP 203                                                                
03/29/03                (H)        Heard & Held                                                                                 
                                   MINUTE(STA)                                                                                  
04/10/03                (H)        STA AT 9:00 AM CAPITOL 102                                                                   
                                                                                                                                
BILL: HB 102                                                                                                                  
SHORT TITLE:CONCEALED DEADLY WEAPONS LEGAL                                                                                      
SPONSOR(S): REPRESENTATIVE(S)CROFT                                                                                              
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/14/03     0215       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/14/03     0215       (H)        STA, JUD                                                                                     
02/19/03     0257       (H)        COSPONSOR(S): GATTO                                                                          
03/13/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
03/13/03                (H)        Scheduled But Not Heard                                                                      
03/27/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
03/27/03                (H)        Heard & Held                                                                                 
03/27/03                (H)        MINUTE(STA)                                                                                  
03/28/03     0688       (H)        COSPONSOR(S): ANDERSON                                                                       
04/07/03     0830       (H)        COSPONSOR(S): DAHLSTROM, KOTT                                                                
04/08/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
04/08/03                (H)        Heard & Held                                                                                 
04/08/03                (H)        MINUTE(STA)                                                                                  
04/10/03                (H)        STA AT 9:00 AM CAPITOL 102                                                                   
                                                                                                                                
BILL: HB 55                                                                                                                   
SHORT TITLE:CORRECTIONAL FACILITIES                                                                                             
SPONSOR(S): REPRESENTATIVE(S)HAWKER, ROKEBERG                                                                                   
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
01/21/03     0046       (H)        PREFILE RELEASED (1/17/03)                                                                   
01/21/03     0046       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
01/21/03     0046       (H)        STA, FIN                                                                                     
02/07/03     0154       (H)        COSPONSOR(S): KOHRING                                                                        
03/05/03     0395       (H)        SPONSOR SUBSTITUTE INTRODUCED                                                                
03/05/03     0395       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/05/03     0395       (H)        STA, FIN                                                                                     
03/13/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
03/13/03                (H)        Heard & Held                                                                                 
                                   MINUTE(STA)                                                                                  
04/10/03                (H)        STA AT 9:00 AM CAPITOL 102                                                                   
                                                                                                                                
BILL: SJR 5                                                                                                                   
SHORT TITLE:DESTROY BRADY BILL RECORDS                                                                                          
SPONSOR(S): SENATOR(S) WAGONER                                                                                                  
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
01/21/03     0014       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
01/21/03     0014       (S)        STA, JUD                                                                                     
02/11/03                (S)        STA AT 3:30 PM BELTZ 211                                                                     
02/11/03                (S)        Moved CSSJR 5(STA) Out of                                                                    
                                   Committee                                                                                    
02/11/03                (S)        MINUTE(STA)                                                                                  
02/12/03     0170       (S)        STA RPT CS 4DP 1NR SAME TITLE                                                                
02/12/03     0170       (S)        DP: TAYLOR, COWDERY, DYSON,                                                                  
                                   GUESS;                                                                                       
02/12/03     0170       (S)        NR: HOFFMAN                                                                                  
02/12/03     0170       (S)        FN1: ZERO(LEG)                                                                               
03/12/03                (S)        JUD AT 1:30 PM BELTZ 211                                                                     
03/12/03                (S)        Moved CSSJR 5(STA) Out of                                                                    
                                   Committee                                                                                    
                                   MINUTE(JUD)                                                                                  
03/13/03     0490       (S)        JUD RPT CS(STA) 5DP                                                                          
03/13/03     0490       (S)        DP: SEEKINS, ELLIS, FRENCH,                                                                  
03/13/03     0490       (S)        OGAN, THERRIAULT                                                                             
03/13/03     0491       (S)        FN1: ZERO(LEG)                                                                               
03/31/03     0646       (S)        RULES TO CALENDAR 3/31/2003                                                                  
03/31/03     0646       (S)        READ THE SECOND TIME                                                                         
03/31/03     0646       (S)        STA CS ADOPTED UNAN CONSENT                                                                  
03/31/03     0646       (S)        COSPONSOR(S): TAYLOR, OGAN,                                                                  
                                   COWDERY,                                                                                     
03/31/03     0646       (S)        WILKEN, GREEN, STEVENS G,                                                                    
                                   DAVIS,                                                                                       
03/31/03     0646       (S)        STEVENS B, SEEKINS, BUNDE                                                                    
03/31/03     0646       (S)        ADVANCED TO THIRD READING                                                                    
                                   UNAN CONSENT                                                                                 
03/31/03     0647       (S)        READ THE THIRD TIME CSSJR                                                                    
                                   5(STA)                                                                                       
03/31/03     0647       (S)        PASSED Y17 N- E3                                                                             
03/31/03     0648       (S)        TRANSMITTED TO (H)                                                                           
03/31/03     0648       (S)        VERSION: CSSJR 5(STA)                                                                        
04/02/03     0728       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/02/03     0728       (H)        STA, JUD                                                                                     
04/02/03     0751       (H)        CROSS SPONSOR(S): CROFT                                                                      
04/10/03                (H)        STA AT 9:00 AM CAPITOL 102                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
RICHARD SCHMITZ, Staff                                                                                                          
to Senator John Cowdery                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented SJR 7 on behalf of the Senate                                                                    
Special Committee on World Trade and State/Federal Relations,                                                                   
sponsor, which is chaired by Senator Cowdery.                                                                                   
                                                                                                                                
TOM WRIGHT, Staff                                                                                                               
to Representative John Harris                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 229 on behalf of the House                                                                    
Finance    Committee,   sponsor,    which   is    co-chaired   by                                                               
Representative Harris.                                                                                                          
                                                                                                                                
JOHN ROBERTSON, M.D., Medical Director                                                                                          
Division of Administrative Services                                                                                             
Department of Corrections (DOC)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing on HB 229.                                                                    
                                                                                                                                
MARC ANTRIM, Commissioner                                                                                                       
Department of Corrections                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the hearing on HB 229.                                                                    
                                                                                                                                
LEITONI TUPOU, Special Assistant                                                                                                
Office of the Commissioner                                                                                                      
Department of Corrections                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     Answered  questions  by   the  committee                                                               
regarding HB 229.                                                                                                               
                                                                                                                                
BOB BRIGGS, Staff Attorney                                                                                                      
Disability Law Center of Alaska                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions regarding HB 229.                                                                       
                                                                                                                                
REPRESENTATIVE ERIC CROFT                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as sponsor of HB 102.                                                                            
                                                                                                                                
AMY SEITZ, Staff                                                                                                                
to Senator Tom Wagoner                                                                                                          
Alaska State Legislature                                                                                                        
POSITION  STATEMENT:    Presented  SJR 5  on  behalf  of  Senator                                                               
Wagoner, sponsor.                                                                                                               
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                              
TAPE 03-39, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  BRUCE WEYHRAUCH  called the  House State  Affairs Standing                                                             
Committee  meeting  to  order  at   9:05  a.m.    Representatives                                                               
Weyhrauch, Holm, Seaton, Dahlstrom, and  Lynn were present at the                                                               
call to order.   Representative Berkowitz arrived  as the meeting                                                               
was in progress.                                                                                                                
                                                                                                                                
HB  47-INSURANCE DISCRIMINATION BY CREDIT RATING                                                                              
                                                                                                                                
Number 0049                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that the  first order of  business was                                                               
HOUSE BILL NO.  47, "An Act prohibiting  discrimination by credit                                                               
rating  or  credit  scoring  in   certain  insurance  rates;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
Number 0104                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HOLM  moved  to   adopt  the  proposed  committee                                                               
substitute  (CS), Version  23-LS0306\H, Ford,  4/8/03, as  a work                                                               
draft.   [No objection was stated,  and Version H was  treated as                                                               
adopted.]                                                                                                                       
                                                                                                                                
REPRESENTATIVE  HOLM  moved  to   report  CSHB  47  [Version  23-                                                               
LS0306\H,  Ford,   4/8/03]  out  of  committee   with  individual                                                               
recommendations and the accompanying fiscal note.                                                                               
                                                                                                                                
Number 0125                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON  noted that  Version  H  is based  on  the                                                               
National Conference of Insurance Legislators (NCOIL) model.                                                                     
                                                                                                                                
[The motion to  report the bill from committee  was withdrawn and                                                               
then renewed.]                                                                                                                  
                                                                                                                                
CHAIR WEYHRAUCH asked  if there was any objection  to the motion.                                                               
There  being no  objection, CSHB  47(STA) was  reported from  the                                                               
House State Affairs Standing Committee.                                                                                         
                                                                                                                                
SJR 7-VANCOUVER'S BID FOR 2010 WINTER GAMES                                                                                   
                                                                                                                                
Number 0240                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that  the next  order of  business was                                                               
SENATE JOINT RESOLUTION NO. 7,  Expressing support for Vancouver,                                                               
British Columbia's,  bid for  the 2010  Olympic Winter  Games and                                                               
the  Paralympic   Winter  Games.    [Before   the  committee  was                                                               
HCS SJR 7(EDT).]                                                                                                                
                                                                                                                                
Number 0250                                                                                                                     
                                                                                                                                
RICHARD  SCHMITZ, Staff  to Senator  John  Cowdery, Alaska  State                                                               
Legislature,  presented SJR  7 on  behalf of  the Senate  Special                                                               
Committee on  World Trade  and State/Federal  Relations, sponsor,                                                               
which  is chaired  by Senator  Cowdery.   He  explained that  the                                                               
resolution   lends  Alaska's   support   to  Vancouver,   British                                                               
Columbia, in its  effort to obtain the 2010  Olympic Winter Games                                                               
and the Paralympic  Winter Games.  Indicating  this would express                                                               
cross-border friendship, Mr. Schmitz noted  that Alaska has a lot                                                               
of shared boundary with British  Columbia and said there are many                                                               
economic and cultural ties between the two.                                                                                     
                                                                                                                                
MR. SCHMITZ opined  that a practical aspect to  the resolution is                                                               
the  economic   boost  of  approximately  $1   billion;  although                                                               
Alaskans won't  benefit directly from  the games in  Vancouver, a                                                               
big carryover in  terms of publicity for  tourism is anticipated.                                                               
He said when  Calgary and Salt Lake City held  the Olympic Winter                                                               
Games, for example,  there was a boost in Western  Canada and the                                                               
Western U.S., respectively.  Mr.  Schmitz said many former Winter                                                               
Olympic  athletes have  hailed from  Alaska,  and the  resolution                                                               
would give  Alaskans the chance  to follow their  athletes closer                                                               
to home.                                                                                                                        
                                                                                                                                
Number 0472                                                                                                                     
                                                                                                                                
MR. SCHMITZ, in response to  a question by Representative Seaton,                                                               
said the two  other cities competing [for the chance  to host the                                                               
Winter  Olympics]  are   Salzburg,  Austria,  and  [Pyeongchang],                                                               
Korea.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  SEATON moved  to  report HCS  SJR  7(EDT) out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal note.   There being no objection, HCS  SJR 7(EDT) was                                                               
reported from the House State Affairs Standing Committee.                                                                       
                                                                                                                                
HB 229-PAROLE FOR MEDICAL/COGNITIVE DISABILITY                                                                                
                                                                                                                                
Number 0540                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that  the next  order of  business was                                                               
HOUSE BILL  NO. 229, "An  Act relating to special  medical parole                                                               
and  to  prisoners who  are  severely  medically and  cognitively                                                               
disabled."                                                                                                                      
                                                                                                                                
Number 0590                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON  moved  to adopt  the  proposed  committee                                                               
substitute  (CS), Version  23-LS0885\H, Luckhaupt,  4/7/03, as  a                                                               
work draft.   There being no objection, Version H  was before the                                                               
committee.                                                                                                                      
                                                                                                                                
Number 0635                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  offered Amendment 1, a  handwritten amendment to                                                               
the original bill that read [original punctuation provided]:                                                                    
                                                                                                                                
     At page 2, line 25, delete "and"                                                                                           
     At page 2, line 29, after "noticeably" add:                                                                                
     ";  and  (6) an  appropriate  discharge  plan has  been                                                                    
     formulated that  addresses basic  life domains  for the                                                                    
     prisoner,   including   care   coordination,   housing,                                                                    
     eligibility  for  public   benefits,  and  health  care                                                                    
     (including necessary medication)."                                                                                         
                                                                                                                                
CHAIR WEYHRAUCH opined, "If we're going to discharge these                                                                      
prisoners, I think there needs to be some thought given to                                                                      
what's going to happen to them."                                                                                                
                                                                                                                                
Number 0785                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH offered an amendment to Amendment 1 [to match                                                                   
the page and line numbers to Version H].  Amendment 1, as                                                                       
amended, would read as follows:                                                                                                 
                                                                                                                                
     At page 3, line 2, delete "and"                                                                                            
     At page 3, line 6, after "noticeably" add:                                                                                 
     ";  and  (7) an  appropriate  discharge  plan has  been                                                                    
     formulated that  addresses basic  life domains  for the                                                                    
     prisoner,   including   care   coordination,   housing,                                                                    
     eligibility  for  public   benefits,  and  health  care                                                                    
     (including necessary medication)."                                                                                         
                                                                                                                                
[No objection was stated, and the amendment to Amendment 1 was                                                                  
treated as adopted.]                                                                                                            
                                                                                                                                
CHAIR WEYHRAUCH continued explaining his reasoning:                                                                             
                                                                                                                                
     In  developing   this,  it  was  my   belief  that  the                                                                    
     facilities have  become an institution for  many people                                                                    
     with illnesses and cognitive impairment.   And if those                                                                    
     prisoners  have  been  diagnosed   with  some  sort  of                                                                    
     illness  or  discharged  from  correctional  facilities                                                                    
     without  some sort  of discharge  plan in  place [with]                                                                    
     regard to  the disability,  at least it's  an amendment                                                                    
     with  [the]   attempt  to  have  the   facility  ensure                                                                    
     appropriate discharge  planning would be  required for,                                                                    
     at  least, the  most severely  impaired persons  in the                                                                    
     correctional system, if those  people were judged to be                                                                    
     severely  impaired, so  that at  least [they]  would be                                                                    
     given  some  consideration to  the  after-correctional-                                                                    
     facility sort of care of these type of individuals.                                                                        
                                                                                                                                
CHAIR WEYHRAUCH  announced that he'd  hold action on  Amendment 1                                                               
[as amended] until the committee had heard testimony.                                                                           
                                                                                                                                
Number 0975                                                                                                                     
                                                                                                                                
TOM  WRIGHT, Staff  to Representative  John Harris,  Alaska State                                                               
Legislature,  presented HB  229 on  behalf of  the House  Finance                                                               
Committee,  sponsor,   which  is  co-chaired   by  Representative                                                               
Harris.   He  said the  basic intent  of HB  229 is  to give  the                                                               
Alaska  parole board  the flexibility  to grant  or deny  medical                                                               
parole to applicants,  and to give the  Department of Corrections                                                               
(DOC)  a little  more flexibility  in  its health  care costs  by                                                               
allowing  DOC  to find  other  means  to  care for  inmates  with                                                               
conditions that  have deteriorated to  a point that  [the inmate]                                                               
isn't likely to reoffend.                                                                                                       
                                                                                                                                
MR.  WRIGHT  recalled  that  the   parole  board  considered  two                                                               
applicants  last  year,  but   [neither]  was  granted  [parole].                                                               
Notwithstanding  that, he  stated,  the parole  board  has had  a                                                               
"pretty  good   success  rate."     It  has  granted   parole  to                                                               
approximately 45 percent of  all discretionary parole applicants.                                                               
Noting  that  there is  a  difference  between discretionary  and                                                               
mandatory  parole, he  suggested that  the commissioner  [of DOC]                                                               
could explain  in detail if  the committee  so desired.   He said                                                               
less than 8  percent of those parolees  violated their conditions                                                               
by  missing  a  meeting  with  a  parole  officer,  for  example;                                                               
approximately 1 percent of those have committed a new offense.                                                                  
                                                                                                                                
MR. WRIGHT offered to explain the  changes in Version H, which he                                                               
said was  drafted to tighten up  some of the conditions  found in                                                               
the original bill.                                                                                                              
                                                                                                                                
Number 1112                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ  said the [recidivism] rates  seem good,                                                               
but  asked  how  they  compare  with rates  for  people  who  are                                                               
[paroled] for other reasons.                                                                                                    
                                                                                                                                
MR.  WRIGHT clarified  that the  numbers  he'd previously  stated                                                               
were  in regard  to all  parole applicants.   He  reiterated that                                                               
there were only two medical parole applicants in 2002.                                                                          
                                                                                                                                
REPRESENTATIVE  BERKOWITZ, referring  to the  fiscal note,  asked                                                               
how  many would  be in  the potential  applicant pool  that would                                                               
benefit from  HB 229.  He  further asked, "You've got  a $500,000                                                               
net positive fiscal note.  How did you get that?"                                                                               
                                                                                                                                
Number 1240                                                                                                                     
                                                                                                                                
JOHN   ROBERTSON,    M.D.,   Medical   Director,    Division   of                                                               
Administrative  Services,  Department  of Corrections,  told  the                                                               
committee he  has held  the medical  director and  health service                                                               
administrator  position  at  DOC  since 2001.    In  response  to                                                               
Representative  Berkowitz's  question   regarding  the  applicant                                                               
pool, Dr. Robertson  said it's probably in the range  of 10 to 15                                                               
inmates,  individuals throughout  the  system  who have  advanced                                                               
medical conditions  that would render them  extremely unlikely to                                                               
reoffend;  conditions  run  the  gamut from  terminal  cancer  to                                                               
advanced heart failure or being more than 70 years old.                                                                         
                                                                                                                                
REPRESENTATIVE BERKOWITZ  offered his assessment that  the fiscal                                                               
note  analysis seems  rather superficial.   He  mentioned the  15                                                               
people generating  $500,000 in costs to  DOC.  He asked  if other                                                               
state  agencies would  pick up  the cost  of services  when those                                                               
individuals are released.                                                                                                       
                                                                                                                                
Number 1348                                                                                                                     
                                                                                                                                
MARC ANTRIM,  Commissioner, Department  of Corrections,  said the                                                               
theory  is  that  [DOC]  will   "cost  shift"  over  to  Medicaid                                                               
services,   for  example,   possibly   even   working  with   the                                                               
"interstate compact"  in moving the individuals  to other states.                                                               
He said, "It  not about dumping prisoners into the  street by any                                                               
means;  it's   about  cost  shifting   into  other   health  care                                                               
providers."                                                                                                                     
                                                                                                                                
Number 1400                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH   asked  Commissioner  Antrim  if   he  had  any                                                               
objection to Amendment 1 [as amended].                                                                                          
                                                                                                                                
COMMISSIONER ANTRIM answered no.                                                                                                
                                                                                                                                
Number 1420                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LYNN  asked  how  difficult it  would  be  for  a                                                               
prisoner to fake a cognitive disability such as dementia.                                                                       
                                                                                                                                
DR. ROBERTSON responded that nothing  in medicine is 100 percent,                                                               
but  there are  objective as  well  as subjective  findings.   He                                                               
explained  that there  are people  with advanced  disease states,                                                               
such as Alzheimer's  and multi-infarct dementia, for  whom an MRI                                                               
[magnetic   resonance   imaging]   of    the   head   will   show                                                               
abnormalities.  He continued as follows:                                                                                        
                                                                                                                                
     The intent  of this was  that these would  be carefully                                                                    
     picked individuals  that had  all the  other background                                                                    
     corroborating medical  information to ensure  that this                                                                    
     was  not  something that  was  short-term.   There's  a                                                                    
     series of  more formal,  psychometric testing  that can                                                                    
     be  performed.   It's  generally pretty  hard to  fake,                                                                    
     once  you  get  a  more   advanced  state.    And  it's                                                                    
     something  that,   obviously,  has  to  be   looked  at                                                                    
     carefully.   But  I think  to have  the latitude  to do                                                                    
     this would be very beneficial to us.                                                                                       
                                                                                                                                
Number 1520                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ asked if  any other cognitive conditions                                                               
besides  irreversible  dementia  would  substantially  reduce  an                                                               
individual's ability to commit an  offense, or why the definition                                                               
of cognitive  condition is being  limited solely  to irreversible                                                               
dementia.                                                                                                                       
                                                                                                                                
Number 1550                                                                                                                     
                                                                                                                                
DR.  ROBERTSON related  his understanding  that  [it isn't  being                                                               
limited].   For example,  someone who'd  suffered a  massive head                                                               
injury could  be cognitively  disabled.   He noted  that dementia                                                               
has  a  different  medical  meaning and  refers  to  a  different                                                               
process;  the  end  result,  clinically,  would  be  someone  who                                                               
wouldn't  be  capable  of being  particularly  aware  of  his/her                                                               
surroundings.    Someone  in a  vegetative  state,  for  example,                                                               
wouldn't  [suffer  from] dementia,  but  wouldn't  be capable  of                                                               
functioning independently.                                                                                                      
                                                                                                                                
REPRESENTATIVE  BERKOWITZ referred  to Section  3 [page  3, lines                                                               
16-17], which read:                                                                                                             
                                                                                                                                
               (11) "severely medically or cognitively                                                                      
     disabled" means that a person  has a medical condition,                                                                
     or a cognitive condition due to irreversible dementia,                                                                 
                                                                                                                                
He suggested the definition needs some reworking.                                                                               
                                                                                                                                
Number 1620                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH  asked  Dr.  Robertson  if there  is  a  way  to                                                               
"finesse" the definition of "cognitively disabled".                                                                         
                                                                                                                                
DR. ROBERTSON responded  that it could be expanded  to say "other                                                               
medical  conditions  that,  in the  opinion  of  the  appropriate                                                               
specialist  - a  neurologist,  a neuropsychologist,  et cetera  -                                                               
leads to a  state where a person is cognitively  disabled."  Thus                                                               
it could  be expanded  to include  more than  just dementia.   He                                                               
surmised that  examples could  be included,  and said  the intent                                                               
was not to be restrictive.                                                                                                      
                                                                                                                                
Number 1680                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON   said  he   didn't  think   "a  cognitive                                                           
condition due to  irreversible dementia" would have  to mean that                                                           
the  only  cognitive  condition   would  be  [dementia],  because                                                               
another cognitive  medical condition could reduce  the ability to                                                               
commit  the offense.   He  pointed  out that  the word  "reduces"                                                               
appears [in Section 3, page 3, line 18].                                                                                        
                                                                                                                                
Number 1738                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  said he  was  "sort  of agreeing  with                                                               
Representative Seaton,"  and suggested  that removing  the phrase                                                               
"due to irreversible  dementia" may solve the problem.   He asked                                                           
what the bill does that is  not already permitted in statute.  He                                                               
commented  that   the  [statute]  already  allows   for  "medical                                                               
condition".  He  said it seems that a  cognitive disability would                                                               
be a medical condition.                                                                                                         
                                                                                                                                
Number 1812                                                                                                                     
                                                                                                                                
LEITONI  TUPOU, Special  Assistant, Office  of the  Commissioner,                                                               
Department  of Corrections,  informed the  committee that  he has                                                               
worked with  the [State Board  of Parole] for probably  less than                                                               
three years.   Referring  to Representative  Berkowitz's previous                                                               
question regarding  how the  [proposed legislation]  is different                                                               
from existing law, Mr. Tupou said  the current law is very tight,                                                               
[which  affects  the  ability  of]   the  parole  board  to  make                                                               
decisions regarding any medical  parole obligations.  In layman's                                                               
terms,  he added,  "You are  basically ready  to die  before they                                                               
even look at you."  The  legislation will give [the parole board]                                                               
the flexibility to  consider a lot of the  applications that will                                                               
be made,  as well as give  [DOC] the flexibility to  consider the                                                               
cost associated with most of the applications.                                                                                  
                                                                                                                                
Number 1892                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH asked  if there was any objection  to Amendment 1                                                               
[as amended].                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  for a  definition of  the phrase                                                               
"basic life  domain" [included  in the  amendment as  "basic life                                                               
domains"].                                                                                                                      
                                                                                                                                
Number 1940                                                                                                                     
                                                                                                                                
BOB  BRIGGS, Staff  Attorney, Disability  Law  Center of  Alaska,                                                               
told   Representative  Gruenberg   he   thinks  the   appropriate                                                               
[committee]  to  provide  a  definition   is  the  House  Finance                                                               
Committee.    He  explained,  "It's  basically  focusing  on  the                                                               
elements of  how this person  can be sustained  once discharged."                                                               
He  said it  is a  common issue  "in our  work" that  people with                                                               
disabilities are discharged from  the prison system and struggle,                                                               
in particular, with  housing.  A convicted felon  is not eligible                                                               
for Alaska  Housing Finance Corporation (AHFC)  housing, which he                                                               
said is an  issue.  He said, "We think  that before people should                                                               
be discharged,  there ought to  be an appropriate  discharge plan                                                               
in place."                                                                                                                      
                                                                                                                                
MR. BRIGGS  noted that  [Amendment 1,  as amended]  doesn't state                                                               
who  will prepare  the  discharge  plan, and  he  added, "But  we                                                               
certainly  continue in  our advocacy  to favor  partnerships with                                                               
community  mental  health  service  providers,  hospitals,  [and]                                                               
hospices, [for  example], so that appropriate  discharge planning                                                               
takes place."                                                                                                                   
                                                                                                                                
MR.  BRIGGS,   in  response  to  a   question  by  Representative                                                               
Gruenberg, said  "life domain" is  "areas of function."   He said                                                               
it includes housing, shelter, food, and health care.                                                                            
                                                                                                                                
REPRESENTATIVE GRUENBERG asked Mr.  Tupou if DOC understands that                                                               
definition.                                                                                                                     
                                                                                                                                
MR. TUPOU answered yes.                                                                                                         
                                                                                                                                
Number 2060                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ asked if anyone  has done an analysis of                                                               
HB  229   to  ascertain  consistency  with   the  Americans  with                                                               
Disabilities Act (ADA).                                                                                                         
                                                                                                                                
MR. BRIGGS answered:                                                                                                            
                                                                                                                                
     We don't  find any problem  with this bill in  terms of                                                                    
     discrimination.    Our effort  always  is  to seek  the                                                                    
     institutionalization of  people with  disabilities. ...                                                                    
     You   always  are   focusing   on  a   least-restricted                                                                    
     environment  for somebody  with  a disability.   And  I                                                                    
     don't know about the fiscal  note and whether it really                                                                    
     will save as much as we  anticipate it will save, but I                                                                    
     can't say that we would be opposed to this.                                                                                
                                                                                                                                
Number 2103                                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLM  asked, since  "basic life  domains" includes                                                               
housing, why housing is specified as well.                                                                                      
                                                                                                                                
MR.  BRIGGS explained  that the  purpose for  the delineation  of                                                               
areas of life domain was because  those are the most common areas                                                               
that would have to be  addressed before somebody could reasonably                                                               
be discharged from  any facility.  For someone who  has been in a                                                               
long-term  institutional placement,  housing  is  an issue  after                                                               
discharge,  but the  same isn't  usually  true when  a person  is                                                               
discharged from  a hospital, for  example.  He said  the severely                                                               
disabled  and  severely cognitively  impaired  may  not have  the                                                               
ability to arrange for housing  for themselves; care coordination                                                               
for  those  people  is  important.   He  said  [the  legislation]                                                               
doesn't  resolve how  that will  be done,  but "we  recognize the                                                               
fiscal situation,  and we just all  have to keep working  on that                                                               
issue."                                                                                                                         
                                                                                                                                
Number 2194                                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLM  said the conundrum  is that "we want  to let                                                               
people out,  but we want  to give  them the freedom  when they're                                                               
out to be as flexible as they can  be."  He said he doesn't quite                                                               
"get that."   He added, "It seems  to me that if  we're trying to                                                               
help  the  State of  Alaska  reduce  its medical  treatments,  we                                                               
shouldn't  be putting  restrictions  on the  State  of Alaska  to                                                               
provide all  of these other things  at the outside."   He said he                                                               
was having trouble grasping [Amendment 1, as amended].                                                                          
                                                                                                                                
REPRESENTATIVE HOLM  said he understands  the attempt  to protect                                                               
the people under  someone's charge, but questions what  is in the                                                               
state's  best  interest.   For  example,  a sociopath  will  have                                                               
nothing to  pay and  "can go  out and do  anything he  wants to."                                                               
Representative Holm said he has  a problem with writing laws that                                                               
let people out,  to be taken care  of "any way that  they want to                                                               
be taken care of, or that someone chooses to take care of them."                                                                
                                                                                                                                
Number 2324                                                                                                                     
                                                                                                                                
MR. BRIGGS said  this bill addresses a very  narrow population of                                                               
the correctional  system, [including]  people with  severe mental                                                               
or cognitive impairment who aren't  likely to be able to function                                                               
well in  total independence,  but will need  support and  help to                                                               
function at all outside of the  prison system - if they are going                                                               
to  die in  dignity, rather  than just  on a  street corner.   He                                                               
said,  "I think  the  folks  sitting to  my  left recognize  that                                                               
discharge  planning  is an  element  of  what  is planned.    The                                                               
amendment just simply recognizes that."                                                                                         
                                                                                                                                
MR.  BRIGGS  said  he  is  satisfied with  the  colloquy  if  the                                                               
amendment is not  adopted, but said "we" think it  ought to be in                                                               
the  statute   to  recognize  that  discharge   planning  is  "an                                                               
important piece  of helping  these people  move on  with whatever                                                               
life they're going to have outside this institution."                                                                           
                                                                                                                                
Number 2381                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  said it  sounds as if  there is  a plan                                                               
and  then  the  person  is  cut  loose.   He  said  both  he  and                                                               
Representative Holm  are speaking to  the issue of  aftercare and                                                               
"after  supervision"  and  are  concerned  about  protecting  the                                                               
public.    He  indicated  there   is  another  concern  regarding                                                               
protection of the  prisoner and assurance that he/she  is able to                                                               
function "on  the outside."  He  said there is a  common solution                                                               
to  both   concerns  that  is   not  specifically   addressed  in                                                               
Amendment 1,  but may  be  elsewhere.   He  asked,  "What is  the                                                               
required  supervision  and care  of  these  people after  they're                                                               
discharged, or are they just cut loose?"                                                                                        
                                                                                                                                
MR. BRIGGS responded  that a focus of disability  and health care                                                               
laws involves trying  to recognize the freedom  of individuals to                                                               
have  a choice  in the   matter.   He  said he  thinks the  short                                                               
answer is  that there's  no strict  requirement; it  will [depend                                                               
on]  the conditions  imposed by  the parole  board.   He said  he                                                               
thinks [HB 229] gives the parole  board the flexibility to ensure                                                               
public safety.                                                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked who would take  care of practical                                                               
things such as arranging for housing.                                                                                           
                                                                                                                                
MR. BRIGGS replied that he thinks  that is left open in [HB 229].                                                               
He  added, "But  I don't  think  ... existing  law resolves  that                                                               
question.  It is something that  we will have to continue to work                                                               
on."   He  said the  [issue]  is the  strength of  [the State  of                                                               
Alaska's] social  service network  outside the  institutions, and                                                               
its  ability  to interact  with  the  correctional system.    Mr.                                                               
Briggs  opined that  it's a  larger question  than this  bill can                                                               
address.                                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG referred to page  1 [line 8], which says                                                               
an  application  [for  medical  parole]  could  be  made  by  the                                                               
"prisoner  or  the  commissioner".    He gave  an  example  of  a                                                               
prisoner  who  applies to  get  out,  but can't  understand  that                                                               
he/she is not  going to be able to function;  as a cost-saving or                                                               
administrative measure,  the corrections system cuts  that person                                                               
loose and he/she is out on the street.   He asked if there is any                                                               
provision in  the law  to ensure  that that  doesn't happen.   He                                                               
said people on the street will  reoffend and be back in [prison],                                                               
which will be "a revolving door situation."                                                                                     
                                                                                                                                
MR. BRIGGS reiterated  that the population addressed  by the bill                                                               
is a  very limited part  of the  [prison] population, made  up of                                                               
severely  disabled   people  who   aren't  likely   to  reoffend;                                                               
therefore, "revolving door"  is really not a part  of the current                                                               
debate.   In response  to a  follow-up comment  by Representative                                                               
Gruenberg,  he  said with  Amendment  1,  the bill  will  solidly                                                               
demonstrate  that  there should  be  a  discharge plan  in  place                                                               
before the parole board can sign  off on discharge.  He explained                                                               
that  the discharge  plan should  include  care coordination;  it                                                               
would become the care coordinator's  responsibility to ensure the                                                               
safety of that individual out on the street.                                                                                    
                                                                                                                                
Number 2612                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON referred  again to Section 3.   He said the                                                               
population  being considered  is not  made up  of people  who are                                                               
going  to  "go  out  and  recommit offenses."    He  referred  to                                                               
Amendment  1 and  said it  [would] solve  "the other  problems of                                                               
mandating it."  He said people  [on] the parole board aren't just                                                               
"cutting these folks loose," but  have a responsibility for them.                                                               
Representative  Seaton  indicated  Medicare  isn't  available  to                                                               
those  in prison,  and said  it is  more economical  to [release]                                                               
people [who don't  have] the ability to reoffend and  to get them                                                               
into more economical [care] programs.                                                                                           
                                                                                                                                
Number 2701                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ emphasized  that parole  is permissive,                                                               
not  mandatory.   He  referred to  [Section  1, subsection  (a)],                                                               
page 1, which read in part, "a  prisoner who is serving a term of                                                               
at least 181  days, may, upon application by the  prisoner or the                                                               
commissioner, be released by the  board on special medical parole                                                           
if the  board determines".  He  emphasized that the word  used is                                                               
"may", not  "shall".   A medical  or cognitive  condition doesn't                                                               
require  the parole  board to  grant  parole; thus  he said  that                                                               
safety valve is still present.                                                                                                  
                                                                                                                                
Number 2739                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH  moved  to  adopt  Amendment  1  [text  provided                                                               
previously, as amended to conform to  Version H].  There being no                                                               
objection, Amendment 1, as amended, was adopted.                                                                                
                                                                                                                                
Number 2758                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ moved to  adopt [Conceptual Amendment 2]                                                               
as follows:                                                                                                                     
                                                                                                                                
     Page 3, line 17                                                                                                            
     Delete "due to irreversible dementia"                                                                                  
                                                                                                                                
Number 2791                                                                                                                     
                                                                                                                                
DR.  ROBERTSON said  he  has no  objection to  it  and thinks  it                                                               
"clarifies."   He added, "It  was our intent to  have flexibility                                                               
here."                                                                                                                          
                                                                                                                                
REPRESENTATIVE  SEATON  asked  Dr.   Robertson  if,  without  the                                                               
language  [that would  be deleted  with Conceptual  Amendment 2],                                                               
there would  be any  possibility that  the parole  board wouldn't                                                               
understand  that   dementia  would   be  one  of   the  cognitive                                                               
conditions considered under this bill.                                                                                          
                                                                                                                                
DR. ROBERTSON explained the process as follows:                                                                                 
                                                                                                                                
     Prior to  the parole board reviewing  these requests, I                                                                    
     write up  a medical  summary [that] tells  exactly what                                                                    
     the medical condition consists of  and what the medical                                                                    
     prognosis  and expectations  are.   So,  I can  clarify                                                                    
     that.   And then the  parole board has  the opportunity                                                                    
     to  either bring  me  to them,  to  further discuss  or                                                                    
     explain it in  person, or to provide  them more written                                                                    
     material so  that at  the time  they're looking  at it,                                                                    
     they  have a  full overview,  pretty much  in layperson                                                                    
     terms, so  they can  understand exactly what  it means.                                                                    
     So  if it  was a  case like  you're referring  to -  of                                                                    
     dementia - I  would make it clear what  that meant, and                                                                    
     I would define it in my report to the parole board.                                                                        
                                                                                                                                
Number 2900                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH asked  if there  was any  objection to  adopting                                                               
Conceptual  Amendment 2.   There  being no  objection, it  was so                                                               
ordered.                                                                                                                        
                                                                                                                                
Number 2929                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  related his  concern that  people would                                                               
fall through the cracks after [being released].                                                                                 
                                                                                                                                
MR.  TUPOU explained  that there  is an  unwritten policy  of law                                                               
that  the parole  board requires  DOC to  basically "explain  and                                                               
come up with  a plan for this  person who comes in  front of them                                                               
... asking for special medical parole."   He said there is no way                                                               
the parole  board will even  look at the  person until it  sees a                                                               
detailed plan  regarding who will  be taking care of  the person.                                                               
He  said the  community is  the  foremost concern  of the  parole                                                               
board.                                                                                                                          
                                                                                                                                
Number 2964                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  clarified  that the  situation  he  is                                                               
postulating is  when the  person is no  danger to  the community;                                                               
his concern  is with regard  to the person's ability  to function                                                               
and [ensuring] follow-up for that person.                                                                                       
                                                                                                                                
TAPE 03-39, SIDE B                                                                                                            
Number 2992                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  posited, "If  somebody's in for  a long                                                               
period  of time,  society  has a  responsibility  for them  while                                                               
they're in."   He reiterated that  he wants to be  sure follow-up                                                               
supervision is available.                                                                                                       
                                                                                                                                
COMMISSIONER  ANTRIM said  [the released  prisoner] is  on parole                                                               
and would be  supervised by a probation officer.   He referred to                                                               
Section 1, page 3, lines 1-2, which read:                                                                                       
                                                                                                                                
            (5) the prisoner is incapacitated to an                                                                         
     extent that incarceration does not impose significant                                                                  
     additional restrictions on the prisoner;                                                                               
                                                                                                                                
COMMISSIONER ANTRIM said [DOC] envisions  that the person will be                                                               
in a  managed care  facility.   He added,  "This is  really about                                                               
cost shifting."                                                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG  indicated  that made  him  feel  "much                                                               
better."                                                                                                                        
                                                                                                                                
Number 2914                                                                                                                     
                                                                                                                                
DR. ROBERTSON  stated, "We would  not put  this up to  the parole                                                               
board  unless we  had a  medically prudent  discharge plan."   He                                                               
told the  committee that he has  not "put anybody forward  to the                                                               
board" without  having an idea  "where they were  going," whether                                                               
it  was [to]  a family  member  or community  health center,  for                                                               
example.  If  there were no plan available to  the department, he                                                               
said, the request wouldn't go forward.   He added, "That's one of                                                               
the stop-gaps, and that's just  a pure matter of professionalism,                                                               
in terms of a  physician.  We have a duty  to [ensure] that there                                                               
is  a continuity  of care  and a  plan."   Regarding [the  people                                                               
released  on this  plan], Dr.  Robertson  said it's  a matter  of                                                               
maintaining  those people  in a  setting different  from that  in                                                               
DOC,  where there  really are  no inpatient  facilities "in  that                                                               
capacity."                                                                                                                      
                                                                                                                                
Number 2855                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HOLM  moved  to  report  CSHB  229  [Version  23-                                                               
LS0885\H, Luckhaupt,  4/7/03, as  amended] out of  committee with                                                               
individual recommendations and the attached fiscal note.                                                                        
                                                                                                                                
Number 2841                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ objected  for  purposes  of making  the                                                               
following comments:                                                                                                             
                                                                                                                                
     The fiscal note here  is wholly inadequate, and there's                                                                    
     only one  of them.   This ... measure's  been described                                                                    
     as a cost-shifting exercise.   If costs are going to be                                                                    
     [shifted], I think that the  other departments that are                                                                    
     going to incur  costs ought to include  fiscal notes as                                                                    
     part of this package.                                                                                                      
                                                                                                                                
     Furthermore, this fiscal note  is based on assumptions.                                                                    
     It's  not  based on  any  sort  of empirical  evidence.                                                                    
     It's not  based on anything  specific at all.   And, to                                                                    
     me, these are just numbers  that have been conjured out                                                                    
     of  thin air.    And  for us  -  particularly in  these                                                                    
     budgetary times  - to try  and make decisions,  we need                                                                    
     better evidence.  We need better fiscal notes.                                                                             
                                                                                                                                
REPRESENTATIVE BERKOWITZ concluded  by asking Commissioner Antrim                                                               
to  revise the  fiscal note  and "put  more substance  behind it"                                                               
before it is viewed by the House Finance Committee.                                                                             
                                                                                                                                
Number 2795                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ withdrew his objection.                                                                                
                                                                                                                                
[No further objection was stated,  and CSHB 229(STA) was reported                                                               
from the House State Affairs Standing Committee.]                                                                               
                                                                                                                                
HB   5-INSURANCE DISCRIMINATION BY CREDIT RATING                                                                              
                                                                                                                                
CHAIR WEYHRAUCH  announced that  the next  order of  business was                                                               
HOUSE BILL  NO. 5, "An  Act prohibiting discrimination  by credit                                                               
rating or  credit scoring in  insurance rates; and  providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
Number 2767                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH  announced  that  before  the  committee  was  a                                                               
proposed  committee substitute  (CS), Version  23-LS0021\H, Ford,                                                               
4/2/03.    [No  objection  was  stated, and  it  was  treated  as                                                               
adopted.]                                                                                                                       
                                                                                                                                
Number 2730                                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLM moved to report  CSHB 5 [Version 23-LS0021\H,                                                               
Ford, 4/2/03]  out of  committee with  individual recommendations                                                               
and  the accompanying  fiscal note.   There  being no  objection,                                                               
CSHB 5(STA)  was reported from  the House State  Affairs Standing                                                               
Committee.  [An amendment was adopted later in the meeting.]                                                                    
                                                                                                                                
HB 102-CONCEALED DEADLY WEAPONS LEGAL                                                                                         
                                                                                                                                
CHAIR WEYHRAUCH  announced that  the next  order of  business was                                                               
HOUSE  BILL  NO.  102,  "An  Act  relating  to  concealed  deadly                                                               
weapons."   [Before  the committee,  adopted as  a work  draft on                                                               
4/8/03,  was a  proposed  committee substitute  (CS), Version  I,                                                               
labeled 23-LS0515\I, Luckhaupt, 4/2/03.]                                                                                        
                                                                                                                                
Number 2708                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ERIC CROFT,  Alaska  State Legislature,  sponsor,                                                               
noted that  the three issues raised  at the [hearing on  April 8,                                                               
2003]  related to  the bill's  title, the  so-called Patriot  Act                                                               
[the federal  Act entitled "Uniting and  Strengthening America by                                                               
Providing Appropriate  Tools Required  to Intercept  and Obstruct                                                               
Terrorism  (USA PATRIOT)  Act of  2001"], and  the definition  of                                                               
"contacted by an officer".                                                                                                      
                                                                                                                                
REPRESENTATIVE CROFT  indicated he'd distributed a  memo from the                                                               
bill's drafter,  Mr. Luckhaupt, regarding  the definition  of and                                                               
some history  on "contacted by an  officer".  He agreed  with Mr.                                                               
Luckhaupt's contention  that "it is a  sufficient definition that                                                               
has worked  well in the  old permit  system, and can  continue to                                                               
work well."   He suggested  that any further questions  about the                                                               
definition  be   addressed  in   the  House   Judiciary  Standing                                                               
Committee, the next committee of referral.                                                                                      
                                                                                                                                
REPRESENTATIVE CROFT noted  that the Patriot Act is  new and that                                                               
the  bill deals  with "concealed  carries."   He indicated  there                                                               
would be extended  discussion regarding the Patriot  Act and said                                                               
a resolution regarding it is coming before the committee.                                                                       
                                                                                                                                
CHAIR WEYHRAUCH  remarked that the  Senate is  seriously debating                                                               
the Patriot Act.                                                                                                                
                                                                                                                                
Number 2590                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CROFT emphasized  that  all  the restrictions  in                                                               
current  law would  be kept.    He mentioned  privacy rights  and                                                               
Section 6 [beginning  on line 5], which read in  part:  "permits,                                                               
and renewals are not public  records under AS 40.25.110-40.25.125                                                               
and  may  only  be  used  for  law  enforcement  purposes".    He                                                               
remarked, "Whatever  the results  of that, I  didn't feel  like I                                                               
could  tackle them  or even  adequately  deal with  them in  this                                                               
bill."  With regard to the  breadth of the title, he indicated he                                                               
wasn't  aware of  any reason  for tightening  it to  prevent some                                                               
action in the Senate, for instance.                                                                                             
                                                                                                                                
CHAIR WEYHRAUCH  said the  subject of the  title had  simply been                                                               
brought  up  [during  the  prior hearing],  and  that  he  wasn't                                                               
proposing anything.  In response  to a question by Representative                                                               
Dahlstrom,  he  said public  testimony  was  closed at  the  last                                                               
hearing.                                                                                                                        
                                                                                                                                
Number 2466                                                                                                                     
                                                                                                                                
REPRESENTATIVE DAHLSTROM  moved to  report CSHB 102  [Version 23-                                                               
LS0515\I,  Luckhaupt, 4/2/03]  out of  committee with  individual                                                               
recommendations and  the accompanying  fiscal note.   There being                                                               
no objection,  CSHB 102(STA)  was reported  from the  House State                                                               
Affairs Standing Committee.                                                                                                     
                                                                                                                                
HB  5-INSURANCE DISCRIMINATION BY CREDIT RATING                                                                               
                                                                                                                                
CHAIR WEYHRAUCH returned  attention to HOUSE BILL NO.  5, "An Act                                                               
prohibiting discrimination by credit  rating or credit scoring in                                                               
insurance rates; and providing for an effective date."                                                                          
                                                                                                                                
Number 2458                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG explained  that he'd  been informed  of                                                               
something about  the bill  that doesn't  appear to  be true.   He                                                               
referred to  the previous  hearing [April 5,  2003] and  said his                                                               
concern had been that the Division  of Insurance would be able to                                                               
get the  information regarding  Fair Isaac's  [model] so  that it                                                               
would  know internally  the basis  for the  credit scoring;  that                                                               
information would remain confidential.  He continued:                                                                           
                                                                                                                                
     I  was informed  that there  was a  provision in  there                                                                    
     that dealt with this.   And I'm looking at the proposed                                                                    
     CS.  It's  on page 4 and  5.  And this  was supposed to                                                                    
     have been taken  off of the version that  passed the --                                                                    
     it  was Senate  Bill  320 that  passed  the House  last                                                                    
     time.   There were four  subsections in that.   And the                                                                    
     first  three   subsections  are  on  pages   4  and  5:                                                                    
     [Section] 21.39.035  (b)(1), (2),  and (3).   But there                                                                    
     was a fourth that is not  in the current version of the                                                                    
     bill, and  I don't know  why.   And that would  add the                                                                    
     phrase:   "may be displayed  by the insurer  that files                                                                    
     the information."                                                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG  expressed  concern because  he'd  been                                                               
informed that [the two were] identical.                                                                                         
                                                                                                                                
CHAIR WEYHRAUCH said he hadn't noticed that discrepancy.                                                                        
                                                                                                                                
Number 2307                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG moved  that the  committee rescind  its                                                               
action [in  reporting CSHB 5, Version  23-LS0021\H, Ford, 4/2/03,                                                               
out of  committee earlier in  the meeting]; that an  amendment be                                                               
adopted to  put paragraph  (4) in,  as previously  described; and                                                               
that CSHB  5 [Version 23-LS0021\H,  Ford, 4/2/03, as  amended] be                                                               
reported out  of committee  [with individual  recommendations and                                                               
the accompanying  fiscal note].   There  being no  objection, the                                                               
action was rescinded, the amendment  was adopted, and CSHB 5(STA)                                                               
was reported from the House State Affairs Standing Committee.                                                                   
                                                                                                                                
HB 55-CORRECTIONAL FACILITIES                                                                                                 
                                                                                                                                
Number 2275                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that  the next  order of  business was                                                               
SPONSOR  SUBSTITUTE FOR  HOUSE BILL  NO. 55,  "An Act  expressing                                                               
legislative  intent  regarding  privately  operated  correctional                                                               
facility  space and  services; relating  to  the development  and                                                               
financing of  privately operated correctional facility  space and                                                               
services;  authorizing the  Department  of  Corrections to  enter                                                               
into an  agreement for the  confinement and care of  prisoners in                                                               
privately operated  correctional facility space;  authorizing the                                                               
Department  of   Corrections  to   enter  into   agreements  with                                                               
municipalities  to expand  existing correctional  facilities; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
Number 2267                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HOLM  moved  to   adopt  the  proposed  committee                                                               
substitute  (CS), Version  23-LS0285\W, Luckhaupt,  4/9/03, as  a                                                               
work draft.  [No objection was  stated, and Version W was treated                                                               
as adopted.]                                                                                                                    
                                                                                                                                
Number 2236                                                                                                                     
                                                                                                                                
REPRESENTATIVE DAHLSTROM  moved to report CSSSHB  55, Version 23-                                                               
LS0285\W,  Luckhaupt, 4/9/03,  out of  committee with  individual                                                               
recommendations and the accompanying fiscal note.                                                                               
                                                                                                                                
The committee took a brief at-ease at 10:10 a.m.                                                                                
                                                                                                                                
Number 2156                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  informed the committee that  Version W maintains                                                               
the title of the original  version regarding a privately operated                                                               
correctional  facility;  maintains  the   intent  in  Section  1;                                                               
removes  specific language  where  the  legislature expects  [the                                                               
Department  of]   Corrections  to  contract  with   the  City  of                                                               
Whittier;  anticipates  a   competitive  management  style  being                                                               
brought to Alaska;  allows the facility to be built  in the city;                                                               
and  adds  the  language  "whichever   is  less"  to  Section  2,                                                               
subparagraph  (A).    He  said he  thinks  the  most  significant                                                               
amendment in Version W makes  the facility generic, rather than a                                                               
correctional facility in Whittier.                                                                                              
                                                                                                                                
CHAIR  WEYHRAUCH, in  response to  a  question by  Representative                                                               
Gruenberg,  confirmed that  the Department  of Corrections  would                                                               
make the decision where to build the prison.                                                                                    
                                                                                                                                
Number 2070                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG asked if there  is a procedure set forth                                                               
or in law as to how that decision is made.                                                                                      
                                                                                                                                
CHAIR WEYHRAUCH  answered no.  He  said that would be  decided in                                                               
[the House Finance Committee].                                                                                                  
                                                                                                                                
CHAIR WEYHRAUCH  announced that he was  closing public testimony.                                                               
He asked if there were any more comments or questions.                                                                          
                                                                                                                                
[No objection  was stated to  the motion, and CSSSHB  55(STA) was                                                               
reported from the House State Affairs Standing Committee.]                                                                      
                                                                                                                                
SJR  5-DESTROY BRADY BILL RECORDS                                                                                             
                                                                                                                                
CHAIR WEYHRAUCH announced that the  last order of business was CS                                                               
FOR SENATE JOINT  RESOLUTION NO. 5(STA), Urging  the President of                                                               
the United States and the Congress  to act to ensure that federal                                                               
agencies do  not retain  records relating  to lawful  purchase or                                                               
ownership  of firearms  gathered through  the Brady  Handgun Bill                                                               
instant check system.                                                                                                           
                                                                                                                                
Number 2025                                                                                                                     
                                                                                                                                
AMY   SEITZ,  Staff   to  Senator   Tom  Wagoner,   Alaska  State                                                               
Legislature,  presented  SJR  5  on behalf  of  Senator  Wagoner,                                                               
sponsor.   Noting that a  similar House resolution  hadn't passed                                                               
the previous  year, she explained  that when Congress  passed the                                                               
so-called Brady  Handgun Bill in 1993,  it did so to  promote gun                                                               
safety and  reduce gun-related violence.   A  criminal background                                                               
check  system  was  enacted;   those  with  criminal  backgrounds                                                               
couldn't purchase  firearms.   When the  Act was  established, it                                                               
wasn't meant to retain records  of law-abiding citizens who could                                                               
legally  purchase  and  own  firearms.   Thus  SJR  5  urges  the                                                               
President  and Congress  to ensure  that  federal agencies  don't                                                               
retain these  records, and  that they  make statutory  changes to                                                               
ensure that this doesn't happen in the future.                                                                                  
                                                                                                                                
Number 1941                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH referred  to language  on page  1, lines  13-14,                                                               
that read:   "the  system shall  ... destroy  all records  of the                                                               
system with  respect to  the call".   He asked  if that  would be                                                               
done electronically.                                                                                                            
                                                                                                                                
MS. SEITZ  replied that  she believes  the system  is electronic.                                                               
She said the  intent of the original Brady Handgun  Bill was that                                                               
as soon  as an  individual was approved  to legally  purchase and                                                               
own a firearm, all information  except for the identifying number                                                               
and the date was supposed to be destroyed from the system.                                                                      
                                                                                                                                
Number 1895                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH   asked,  when   the  FBI  [Federal   Bureau  of                                                               
Investigation]  indicates its  intent  to  keep records  gathered                                                               
through the Brady Handgun Bill,  whether it's under any statutory                                                               
authority or is "a terrorist thing," for example.                                                                               
                                                                                                                                
MS.  SEITZ  responded  that  it was  the  interpretation  of  the                                                               
administration in 1993 after the Act was voted in.                                                                              
                                                                                                                                
Number 1862                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON  moved  to  report  CSSJR  5(STA)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal  note.   There being no  objection, CSSJR  5(STA) was                                                               
reported from the House State Affairs Standing Committee.                                                                       
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
Number 1834                                                                                                                     
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State  Affairs  Standing  Committee   meeting  was  adjourned  at                                                               
10:17 a.m.                                                                                                                      

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