Legislature(1995 - 1996)
03/25/1996 09:06 AM Senate HES
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SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE
March 25, 1996
9:06 a.m.
MEMBERS PRESENT
Senator Lyda Green, Chairman
Senator Loren Leman, Vice-Chairman
Senator Mike Miller
Senator Judy Salo
MEMBERS ABSENT
Senator Johnny Ellis
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 215(RES)
"An Act streamlining the functions of state government, including
allowing agents selling fish and game licenses and tags to retain
certain compensation; authorizing the Department of Health and
Social Services to award grants for certain services for
developmentally delayed or disabled children; relating to rabies
control and administration of flour and bread standards by the
Department of Environmental Conservation; repealing the Athletic
Commission, the regulation of boxing and wrestling, the
certification of professional geologists, and the Water Resources
Board; repealing certain filing statements and bonds for
enforcement and collection of certain taxes; relating to service of
process on nonresident taxpayers; and providing for an effective
date."
HOUSE BILL NO. 523
"An Act expressing the state's policy with respect to sobriety."
PREVIOUS SENATE COMMITTEE ACTION
SB 215 - See Resources minutes dated 3/18/96.
HB 523 - No previous action to record.
WITNESS REGISTER
Elmer Lindstrom, Special Assistant
Department of Health & Social Services
PO Box 110601
Juneau, Alaska 99811-0601
POSITION STATEMENT: Answered questions.
Daniella Loper, Staff
Representative Brian Porter
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Reviewed HB 523.
Don Dapcevich, Executive Director
Advisory Board of Alcoholism and Drug Abuse
PO Box 110608
Juneau, Alaska
POSITION STATEMENT: Supported HB 523.
ACTION NARRATIVE
TAPE 96-22, SIDE A
SB 215 OMNIBUS STATE AGENCY OPERATIONS & PROGRAM
Number 003
CHAIRMAN GREEN called the Senate Health, Education and Social
Services (HESS) Committee to order at 9:06 a.m. and introduced
SB 215 as the first order of business before the committee.
ELMER LINDSTROM, Special Assistant in Department of Health & Social
Services, said that he would speak to Section 5 regarding the
Infant Learning Program. When the Infant Learning Program
attempted to promulgate regulations in order to bring the program
into compliance with new federal requirements, the Department of
Law informed the department that it did not have specific grant
making authority for this program. This program has and is
currently operating as a grant program. Without the grant
authority, this program would be required to go to a contractual
basis which requires the procurement process and some additional
costs to the department.
CHAIRMAN GREEN asked if he was referring only to the Infant
Learning Program. ELMER LINDSTROM explained that the Infant
Learning Program is funded through the Division of Public Health.
Mr. Lindstrom acknowledged that there is often confusion that the
program is in the Division of Mental Health and Developmental
Disabilities. In response to Chairman Green, review of the full
statute would indicate that it only refers to the Infant Learning
Program. Mr. Lindstrom said that the department had assumed that
they had grant powers for this program, but the Department of Law
indicated otherwise when approached about regulations.
Number 066
SENATOR LEMAN expressed concern with what sideboards were placed on
the grant authority. Senator Leman believed it is probably right
to grant this authority. Does the federal law establish certain
restrictions regarding what this can be used for? ELMER LINDSTROM
did not have the regulations nor did he recall the issue with the
federal government. The regulations were clean up regulations of
no programmatic impact, but were required in order to receive
federal funds. Mr. Lindstrom said that he could obtain that
information for the committee.
CHAIRMAN GREEN restated that without this grant making authority,
the department would have to contract which creates more work and
increases the costs. ELMER LINDSTROM agreed and said that
additional administrative costs would be incurred by the
department. This program has always operated as a grant program;
this is a technical clean up. With regards to Section 6, Mr.
Lindstrom did not believe that section applied to the program.
CHAIRMAN GREEN thought that Sections 5 and 6 were related to the
department. ELMER LINDSTROM said that he was incorrect, Sections
5 and 6 work together.
CHAIRMAN GREEN inquired as to the new language in Section 6.
SENATOR LEMAN believed that Section 6 should be consistent with
Section 5.
Number 129
SENATOR MILLER realized that page 3, line 11 is already existing
law, but how does it work? What happens if a family is determined
to no longer be eligible for a program that they receive funding?
Does the department attempt to recover those funds of families that
were not really eligible? ELMER LINDSTROM did not know the process
in detail. Many of the ILPs are operated by school districts. Mr.
Lindstrom acknowledged that there is still a waiting list in some
areas of the state. Mr. Lindstrom said that he could get this
information from the division.
SENATOR MILLER was curious to what happens when a family is
determined to be ineligible. The language seems to indicate that
the family would receive funding until proven not to be eligible.
In that case, is there an attempt to recover those funds? ELMER
LINDSTROM said that he would get that information.
A discussion ensued about whether or not to hold the bill for the
answers to these questions.
CHAIRMAN GREEN said that the staff is frustrated because people
challenge a decision in order to continue to receive benefits.
During the time between the challenge and the determination, the
person receives benefits. If it is determined that the person is
ineligible, is there an effort to retrieve the money they received?
Chairman Green held the bill until Wednesday when Mr. Lindstrom
would provide the requested information.
HB 523 STATE'S POLICY ON SOBRIETY
Number 188
CHAIRMAN GREEN introduced HB 523 as the next order of business
before the committee.
DANIELLA LOPER, Staff to Representative Porter, explained that
HB 523 places written language into the declaration of policy for
the Division of Alcohol and the Drug Program which states that
Alaska recognizes and reinforces the example set by its citizen
that lead and support a life of sobriety. For the Alaska
Federation of Natives and 58 other local, regional, and statewide
organizations sobriety is understood as "a positive, healthy and
productive way of life free from the devastating effects of alcohol
and drugs." Ms. Loper pointed out that the Division of Alcoholism
and Drug Abuse placed the definition of "sobriety" in their
strategic plan "meeting the Challenge" which has been adopted by
the division and the Governor. Ms. Loper read from a letter from
Greg Nothstine which was included in the committee packets.
SENATOR LEMAN noted that the existing policy of the state is that
alcoholics and intoxicated persons should not be criminally
prosecuted for their consumption. There are laws that prosecute
for the evidence of consumption. Has that been discussed?
DANIELLA LOPER clarified that HB 523 does not address that issue.
This question was also asked in House HESS. HB 523 merely
recognizes that sobriety should be one of the solutions for those
having problems with drugs and alcohol.
Number 257
SENATOR SALO acknowledged that the issue is taking a turn. Does
the current state policy encourage villages to go dry? DANIELLA
LOPER could not answer that question. Ms. Loper said that HB 523
would not substantially change the policy of drug and alcohol
programs. HB 523 merely offers another alternative to appreciate,
recognize, and reinforce. This is not mandatory language.
SENATOR MILLER did not believe that there was any conflict between
current policy and HB 523. He believed that alcoholics were only
being criminally prosecuted when they committed a crime, otherwise
they are held until they are no longer intoxicated.
DANIELLA LOPER said that the Division of Alcohol and Drug Program
supports HB 523.
DON DAPCEVICH, Executive Director for the Advisory Board of
Alcoholism and Drug Abuse, said that the board supported the
legislature's passage of HB 523. The bill advocates sobriety for
those who are addicted to alcohol and other drugs. The bill also
speaks to those who never have a problem with alcohol and drugs,
but who choose to lead a sober lifestyle publicly.
CHAIRMAN GREEN did not oppose HB 523, but was not sure that statute
was the appropriate place for this.
Number 312
SENATOR LEMAN moved that HB 523 be reported from committee with
individual recommendations and the zero fiscal note. Hearing no
objections, it was so ordered.
There being no further business before the committee, the meeting
was adjourned at 9:28 a.m.
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