Legislature(1993 - 1994)
03/16/1994 01:40 PM Senate HES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE
March 16, 1994
1:40 p.m.
MEMBERS PRESENT
Senator Steve Rieger, Chairman
Senator Bert Sharp, Vice-Chairman
Senator Loren Leman
Senator Mike Miller
Senator Jim Duncan
Senator Johnny Ellis
Senator Judy Salo
MEMBERS ABSENT
All members present.
COMMITTEE CALENDAR
SENATE BILL NO. 312
"An Act relating to school construction grants; and providing for
an effective date."
CS FOR SENATE BILL NO. 255(CRA)
"An Act establishing a comprehensive policy relating to human
resource development in the state."
CS FOR HOUSE BILL NO. 2(RLS)
"An Act requiring drug and alcohol tests for school bus drivers."
HOUSE CONCURRENT RESOLUTION NO. 31
Relating to Alcohol-Related Birth Defects Awareness Week.
SENATE BILL NO. 270
"An Act creating the Alaska Health Commission; relating to the
delivery, quality, access, and financing of health care; relating
to review and approval of rates and charges of health insurers;
relating to certain civil actions against health care providers and
health insurers; repealing Alaska Rule of Civil Procedure 72.1; and
providing for an effective date."
SENATE BILL NO. 284
"An Act establishing the Alaska Health Insurance Corporation and
requiring licensed health care providers to comply with certain
statutes and regulations relating to the corporation; relating to
disability insurance claims processing and to approval of rates for
disability insurance, including health insurance; and providing for
an effective date."
PREVIOUS SENATE COMMITTEE ACTION
SB 312 - No previous action to record.
SB 255 - See Community & Regional Affairs minutes dated
1/25/94, 2/1/94, 2/3/94 & 2/8/94.
HB 2 - No previous action to record.
HCR 31 - No previous action to record.
SB 270 - See Health, Education & Social Services minutes dated
2/9/94, 2/18/94, 3/2/94, 3/9/94, 3/11/94 and 3/14/94.
SB 284 - See Health, Education & Social Services minutes dated
2/14/94, 2/18/94, 3/2/94, 3/9/94, 3/11/94 and 3/14/94.
WITNESS REGISTER
Representative Jerry Mackie
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Supported SB 312.
Shirley Armstrong, Staff
Senator Randy Phillips
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Reviewed SB 255.
Debbie Call, Chair
Alaska Job Training Council
12342 W. Prince of Peace
Eagle River, Alaska 99577
POSITION STATEMENT: Supported SB 255 and Amendment 1.
Mary Shields, General Manager
Northwest Technical Services
Vice-Chair, Alaska Job Training Council
4041 B Street, STE 102
Anchorage, Alaska 99503
POSITION STATEMENT: Supported SB 255 and Amendment 1.
Dan Middaugh
Alaska Training Coordinators Association
1822 W Northern Lights #305
Anchorage, Alaska 99517
POSITION STATEMENT: Supported SB 255 and Amendment 1.
Mike Heimbuch, Staff
Representative Gail Phillips
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Reviewed HB 2.
Romayne Kareen, Program Coordinator
People Transportation, School Bus Safety
Department of Education
Juneau, Alaska
POSITION STATEMENT: Reviewed HB 2.
Brad Whistler
Department of Health and Social Services
Juneau, Alaska
POSITION STATEMENT: Present for questions.
Dr. Peter Nakamura, Director
Division of Public Health
Department of Health and Social Services
P.O. Box 110610
Juneau, Alaska 99811-0610
POSITION STATEMENT: Reviewed public health issues.
Jay Livey, Deputy Commissioner
Department of Health and Social Services
P.O. Box 110601
Juneau, Alaska 99811-0610
POSITION STATEMENT: Reviewed SB 270.
ACTION NARRATIVE
TAPE 94-20, SIDE A
Number 006
CHAIRMAN RIEGER called the Senate Health, Education and Social
Services (HESS) Committee to order at 1:40 p.m. He introduced SB
312 (SCHOOL CONSTRUCTION GRANT REVIEW) as the first order of
business before the committee.
SENATOR MILLER moved to adopt the CSSB 312 (HES) for discussion
purposes. Hearing no objections, CSSB 312 (HES) was adopted.
CHAIRMAN RIEGER pointed out that the HES CS adds language regarding
participation of interscholastic school activities to the original
bill. Section 2 removes the Alaska School Activities Association
(ASAA), Inc. statutes AS 14.07.058 and AS 14.075.059 which would
preclude an appeal to the Department of Education on cases such as
eligibility.
REPRESENTATIVE JERRY MACKIE stated that SB 312 was a result of
discussions regarding school construction problems and the
inability to set limits on school construction. He felt that SB
312 was necessary, especially during the current climate of
declining revenues. He urged that the bill be moved out of
committee.
SENATOR MILLER moved CSSB 312 (HES) out of committee with
individual recommendations. Hearing no objections, it was so
ordered.
Number 070
CHAIRMAN RIEGER introduced SB 255 (STATE POLICY ON HUMAN RESOURCE
DEVELOPMT) as the next order of business before the committee. He
noted the request for an amendment from Senator Randy Phillips.
SHIRLEY ARMSTRONG, staff to Senator Randy Phillips, stated that
SB 255 was introduced on behalf of the Alaska Joint Training
Council. She urged passage of SB 255. The proposed amendment was
passed by the Alaska Joint Training Council at their last meeting
in order to assure the departments coordination of education and
training programs. She offered to answer any questions.
CHAIRMAN RIEGER moved Senator Randy Phillips amendment, Amendment
1, for discussion purposes.
AMENDMENT 1
Page 3, line 5:
Insert a new subsection to read:
"(h) The legislative auditor shall conduct a performance audit
of the implementation of the policy provided in this section
during fiscal year 1998 and every four years thereafter."
SENATOR ELLIS asked if the Alaska Job Training Council was the
overall pick for the state under JTPA. SHIRLEY ARMSTRONG said yes
and noted membership from the state, various industries, all the
departments, and various disciplines.
CHAIRMAN RIEGER reminded the committee of the motion before them.
Hearing no objection, Amendment 1 was adopted into a HES CS.
DEBBIE CALL, Chair of the Alaska Job Training Council, supported
SB 255 and Amendment 1. She clarified that the Alaska Job Training
Council is an advisory council to the Governor which oversees the
Private Industry Council around the state. The Council advises the
Governor on JTPA programs and human resource development issues.
She stated that SB 255 is a comprehensive policy relating the human
resource development in Alaska. Alaska will have to better
coordinate the human resource development programs, especially in
rural areas. She noted her own experience as a private sector
employer who was attempting her own human resources development
programs on the North Slope. SB 255 would help achieve better
coordination and programs.
Number 182
SENATOR ELLIS thanked Ms. Call for her testimony and the language
on page 2 that addresses incentives and disincentives regarding the
state public assistance programs to move people from public
assistance to private sector employment. He encouraged everyone to
be aware of federal level tools and initiatives, such as President
Clinton's apprenticeship proposal, that could be used.
DEBBIE CALL said that SB 255 does realize the national issues. She
noted that some council members attend meetings in Washington, D.C.
MARY SHIELDS, General Manager of the Northwest Technical Services
and Vice-Chair of the Alaska Job Training Council, stated that
SB 255 would enable movement forward on these human resource
development issues. She urged passage of SB 255 with Amendment 1.
She mentioned that the business community does like SB 255.
DAN MIDDAUGH, Alaska Training Coordinators Association, explained
that he is currently recoordinating labor's attempt to create a
statewide job placement referral system, the Apprenticeship
Information Center. He asserted that apprenticeship is the primary
manner in which to train individuals to their highest potential
through the trade. He expressed the need and desire to improve on
these issues in rural areas. He stated support for SB 255 and
Amendment 1 from the Alaska Training Coordinators Association.
SENATOR MILLER moved SB 255 as amended out of committee with
individual recommendations. Hearing no objections, it was so
ordered.
Number 267
CHAIRMAN RIEGER introduced HB 2 (DRUG TESTING FOR SCHOOL BUS
DRIVERS) as the next order of business before the committee.
SENATOR SALO asked if HB 2 applies to temporary drivers and how
does HB 2 apply to volunteer drivers.
MIKE HEIMBUCH, staff to Representative Gail Phillips, stated that
the intent of HB 2 was to speak to those employed by the school
district. The language seemed to be flexible enough to allow the
Department of Education (DOE) to adopt the scope of the bill
through regulations.
SENATOR SALO noted that contracted drivers also fall within the
scope of the bill. She informed the committee that currently, some
districts are drug testing upon initial employment, randomly
testing, or testing for cause. She expressed her belief that
testing for cause was of primary importance. HB 2 would mandate
drug testing. She asked who would pay for the testing.
MIKE HEIMBUCH stated that at present there is an $84,000 fiscal
note for DOE.
SENATOR DUNCAN believed that the fiscal note does not specify who
would pay for the testing. He assumed that the $79,000 contractual
portion of the fiscal note would pay for the testing. He inquired
of the possibility that individual drivers would be required to pay
for the drug test if the fiscal note was zeroed out. MIKE HEIMBUCH
could not answer. SENATOR DUNCAN did not believe that school bus
drivers should have to pay for the testing.
MIKE HEIMBUCH said that he read HB 2 as saying that the school
districts or areas that provide for transportation would provide
for the random drug testing. SENATOR DUNCAN noted that the
language was "shall require." MIKE HEIMBUCH stated that HB 2
requires that the driver would submit to the testing, but not
requiring that the driver pay for the testing.
SENATOR DUNCAN explained that without funding for the state to pay
for the testing, then the bill would not prohibit a school district
requiring the drivers to submit and pay for the testing. He
expressed the need to make the language explicit.
MIKE HEIMBUCH pointed out that the language referring to developing
regulations was thought to speak to the possibility that DOE and
different districts could not adequately administer the testing,
this language would allow them to address it quicker than through
the statutes.
SENATOR DUNCAN requested a DOE representative.
SENATOR SALO inquired of the percentage of Alaska school bus
drivers currently under a drug testing program.
Number 345
ROMAYNE KAREEN, Program Coordinator for People Transportation in
the School Bus Safety section, the Department of Education, did not
know the percentage of the large districts with the contracted
operations. She noted some internal requirements of drug testing
in the contracted operations. On the peninsula, random testing is
prohibited by the union contract with the drivers, the company and
the school district. SENATOR SALO suggested that perhaps 80 or 90
percent of the drivers are under drug testing. ROMAYNE KAREEN
thought the percentage was probably not that high.
SENATOR DUNCAN asked who would be charged under HB 2. ROMAYNE
KAREEN explained that the fiscal note was present with the
understanding that DOE would coordinate and oversee the program on
a statewide basis. If the fiscal note was zeroed out, Ms. Kareen
assumed that DOE would have to address that situation.
SENATOR DUNCAN expressed concern that the bus drivers may be
required to pay for the drug testing. He suggested that the
language be made more explicit. ROMAYNE KAREEN stated that
regarding the contractual amount, the fiscal note would include the
cost of the testing. She pointed out various ways to handle this
issue: a written contract between the school district and the
school bus contractor, and an agreement between the department and
school districts who run their own transportation system.
SENATOR DUNCAN did not understand why the language could not be
more explicit and say that the school bus driver would not be
charged for the drug testing. ROMAYNE KAREEN explained that school
bus drivers have a high turnover rate and there are incentives for
the employer to pick up some costs. For instance, the commercial
drivers license and the mandatory training program are some of the
up front costs a bus driver may face.
SENATOR SALO stated that there are reasons that contacts between
companies and bus drivers have opposed random testing. Many
believe that random drug testing is demeaning not to mention the
possibilities of a false positive. She felt that drug testing for
cause is appropriate. She explained that in this time of fiscal
constraints with educational funding, money could be better spent
elsewhere. She indicated that HB 2 could open up to drug testing
in other areas, such as food service workers. She believed that
the drug testing of HB 2 does not in general protect the
individual. Perhaps, it would act as a deterrent to some extent.
She said that the fiscal note must only be coordination of the
program, how could that include the testing.
ROMAYNE KAREEN informed the committee that the $84,000 fiscal note
included the testing. She detailed the fiscal note for the
committee: $5,000 for a hearing officer, $3,000 for travel, $2,000
for supplies, $2,000 for printing and postage, and the remaining
$72,000 for testing. She stated that there should have been an
attachment to the fiscal note explaining the details.
Number 427
SENATOR DUNCAN asked if HB 2 would override those contracts such as
the Kenai Peninsula that prohibit random drug testing. ROMAYNE
KAREEN said that HB 2 would override those contracts that currently
prohibit random drug testing. She indicated that the school bus
industry believes random drug testing would be a deterrent.
SENATOR SALO asked if the school bus industry believes there is a
problem. ROMAYNE KAREEN said yes, the industry does feel there is
a problem in some areas that they are notable to address currently.
SENATOR SALO inquired of the industries' ability to test for cause.
ROMAYNE KAREEN stated that it would depend upon the internal
structure between the school and the bus contractor within the
company.
SENATOR SHARP moved HB 2 out of committee with individual
recommendations and the accompanying fiscal note. Senator Salo
objected. A hand vote was taken and the bill moved.
Number 455
CHAIRMAN RIEGER introduced HCR 31 (ALCOHOL-RELATED BIRTH DEFECTS
AWARENESS) as the next order of business before the committee.
SENATOR MILLER moved HCR 31 out of committee with individual
recommendations. Hearing no objections, it was so ordered.
Number 465
CHAIRMAN RIEGER introduced SB 270 (COMPREHENSIVE HEALTH CARE)
and SB 284 (COMPREHENSIVE HEALTH INSURANCE ACT) as the final order r
of business before the committee. He directed the committee to a
discussion of public health regarding these bills.
BRAD WHISTLER, Department of Health and Social Services, deferred
the discussion of public health to Dr. Nakamura.
DR. PETER NAKAMURA, Director of the Division of Public Health in
the Department of Health and Social Services, deferred to Jay Livey
to present the position of the department. He said that he could
address public health and those elements critical to any health
care reform.
JAY LIVEY, Deputy Commissioner of the Department of Health and
Social Services, noted that they had proposed an amendment in the
House that had been adopted, which would be suggested for SB 270.
He explained that the amendment has a public health focus in terms
of developing a public health plan and providing public health
information and guidance through the Commission.
CHAIRMAN RIEGER asked if the establishment of a Public Health
Advisory Committee was the only amendment from Healthy Alaska 2000
that the department would like in this legislation. JAY LIVEY said
that they were not ready to propose legislation regarding Healthy
Alaska 2000. At this point, the public health focus would be
included in SB 270.
DR. PETER NAKAMURA pointed out that the proposed amendment includes
a public health improvement plan which would identify the essential
functions necessary to ensure that public health is addressed. He
explained that health care reform usually addresses cost
containment, access, universal coverage, and tort reform; those
issues relating to clinical services. He observed that population
based public health services, such as safe water and food, never
seem to be addressed. In order to develop a public health plan,
those major population based public health services must be
addressed; that would include the Healthy Alaska 2000 objectives.
Number 524
SENATOR DUNCAN did not see any directives toward public health in
the proposed amendment. JAY LIVEY noted that the amendment before
the committee was not the version that the House passed. Mr. Livey
stated that they supported the House version amendment being added
to SB 270.
DR. PETER NAKAMURA explained that the House version of the
amendment is similar to Representative Sitton's bill. He clarified
for Senator Duncan that the development of the health improvement
plan is permissive, not required.
SENATOR DUNCAN inquired of the rationale behind adopting permissive
language. JAY LIVEY noted that the majority of the discussion was
centered on available resources and what could be achieved without
attaching the large fiscal note of the original public health bill.
SENATOR DUNCAN informed the committee that the fiscal note of
Representative Sitton's public health bill was approximately
$300,000. He suggested that the permissive language indicates that
they are not going to do public health because they are not going
to have the money. He expressed surprise that Dr. Nakamura would
agree with this language. Public health can already be addressed
now, legislation is not necessary. He stated that the language
should require public health be addressed.
JAY LIVEY said that the public health issue was a matter of scope
regarding what could be reasonably achieved given current
resources. He noted that some additions to the original fiscal
note were made in order to provide some resources to do public
health work. He agreed with Senator Duncan, the scope is not as
broad as that of Representative Sitton's bill. Getting a start on
public health planning is reasonable even if a comprehensive plan
cannot be achieved.
SENATOR DUNCAN did not understand how a start could be made with
this permissive language. He suggested that they develop a scope
that could be achieved in the first year and use mandatory
language. He expressed frustration with the Administration's view
that nothing can be done; therefore, resources, which are not
present anyway, should not be committed.
JAY LIVEY offered to work with the committee on the scope and
language regarding the public health issue.
SENATOR DUNCAN discussed Dr. Nakamura's efforts towards public
health. He stated that there was not a piece meal approach to
public health or comprehensive health care reform. He suggested
that the Administration say exactly what they are doing with these
issues so that the legislature could continue its work.
JAY LIVEY reiterated the added resources for public health. He
expected that if the amendment passes they would work on a public
health plan.
TAPE 94-20, SIDE B
Number 593
CHAIRMAN RIEGER stated that Healthy Alaska 2000 had more specific
recommendations than occur in either SB 270 or SB 284. He
indicated that he may choose some of those recommendations to bring
before the committee for consideration. He welcomed other
committee members to do the same. He regarded both bills as
setting up an entity to further develop the public health
improvement plan. This hearing was an opportunity to review
specific legislative recommendations from Healthy Alaska 2000 which
are not present in either bill.
SENATOR DUNCAN disagreed with Chairman Rieger and pointed out that
page 16 of SB 284 has recommendations that the public health
improvement plan must include. He said that this section basically
takes the language from Representative Sitton's bill.
DR. PETER NAKAMURA explained that they are trying to avoid choosing
specific activities without knowing the trade-off costs of those
activities. He stated that choosing something at the cost of
something else could result in a greater deficit situation. He
indicated that knowing all the issues and the base core functions
would create the ability to choose specific activities identified
in Healthy Alaska 2000 and know their actual cost.
Dr. Nakamura expressed concern that the issue of public health
often gets lost in dialogue. He stated that the public health
improvement plan can be done while the dialogue regarding cost
containment, financing, insurance, deductibles, and comprehensive
coverage issues continues. He did not want public health
improvement to be lost in this debate.
Number 552
SENATOR DUNCAN asked for the total of the fiscal note for
Representative Sitton's bill. DR. PETER NAKAMURA estimated that it
was about $358,000. JAY LIVEY believed the fiscal note was around
$350,000.
SENATOR DUNCAN was interested in how Representative Sitton's fiscal
note matches that of SB 284.
There being no further business before the committee, the meeting
was adjourned at 2:30 p.m.
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