Legislature(1997 - 1998)

03/02/1998 09:06 AM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
      SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE                   
                          March 2, 1998                                        
                            9:06 a.m.                                          
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Senator Gary Wilken, Chairman                                                  
Senator Loren Leman, Vice-Chairman                                             
Senator Lyda Green                                                             
Senator Jerry Ward                                                             
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Senator Johnny Ellis                                                           
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
SENATE CONCURRENT RESOLUTION NO. 11                                            
Creating the Long-Term Care Task Force.                                        
     HEARD AND HELD                                                            
                                                                               
SENATE BILL NO. 252                                                            
"An Act relating to paternity establishment and child support;                 
relating to the crimes of criminal nonsupport and aiding the                   
nonpayment of child support; and amending Rule 37(b)(2)(D), Alaska             
Rules of Civil Procedure; and providing for an effective date."                
     HEARD AND HELD                                                            
                                                                               
SENATE JOINT RESOLUTION NO. 39                                                 
Relating to improving reading instruction in elementary and                    
secondary schools.                                                             
                                                                               
                                                                               
PREVIOUS SENATE COMMITTEE ACTION                                               
                                                                               
SCR 11 - No previous Senate action.                                            
                                                                               
SB 252 - No previous Senate action.                                            
                                                                               
SJR 39 - No previous Senate action.                                            
                                                                               
WITNESS REGISTER                                                               
                                                                               
Senator Bert Sharp                                                             
Alaska State Capitol                                                           
Juneau, Alaska  99801-1182                                                     
POSITION STATEMENT: Sponsor of SCR 11                                          
                                                                               
Mr. Floyd Heimbuch                                                             
OPAG                                                                           
235 E 3rd Ave                                                                  
Anchorage, AK  99501                                                           
POSITION STATEMENT:  Supports SCR 11                                           
                                                                               
Ms. Dulce Noble                                                                
Alzheimer's Association                                                        
240 E Tudor Road, Suite 110                                                    
Anchorage, Alaska  99504                                                       
POSITION STATEMENT:  Supports SCR 11                                           
                                                                               
Ms. Florence Orr                                                               
2110 Dawnlight                                                                 
Anchorage, Alaska  99501                                                       
POSITION STATEMENT:  Supports SCR 11                                           
                                                                               
Mr. Frank Appel                                                                
6424 Hampton Drive                                                             
Anchorage, AK  99504                                                           
POSITION STATEMENT:  Supports SCR 11                                           
                                                                               
Mr. Robert Hanson                                                              
6730 Lawlor                                                                    
Anchorage, Alaska  99509                                                       
POSITION STATEMENT:  Supports SCR 11                                           
                                                                               
Mr. Edward Barber Jr.                                                          
1060 Belmont Drive                                                             
Anchorage, Alaska  99517                                                       
POSITION STATEMENT:  Supports SCR 11                                           
                                                                               
Ms. Kay Branch                                                                 
Bristol Bay Native Association                                                 
P.O. Box 310                                                                   
Dillingham, Alaska  99576                                                      
POSITION STATEMENT:  Supports SCR 11                                           
                                                                               
Mr. Bob Hufman                                                                 
1018 Galena St.                                                                
Fairbanks, Alaska  99709                                                       
POSITION STATEMENT:  Supports SCR 11                                           
                                                                               
Mr. Merrill Hakala                                                             
140 Front Street                                                               
Fairbanks, Alaska  99701                                                       
POSITION STATEMENT:  Supports SCR 11                                           
                                                                               
Ms. Kathleen Dalton                                                            
P.O. Box 70681                                                                 
Fairbanks, Alaska  99707                                                       
POSITION STATEMENT:  Supports SCR 11                                           
                                                                               
Mr. Don Hoover                                                                 
1029 Kodiak                                                                    
Fairbanks, Alaska  99709                                                       
POSITION STATEMENT:  Supports SCR 11                                           
                                                                               
Mr. Frank McGilvary                                                            
504 Monroe                                                                     
Fairbanks, Alaska  99701                                                       
POSITION STATEMENT:  Supports SCR 11                                           
                                                                               
Ms. Betty Hufman                                                               
1018 Galena St.                                                                
Fairbanks, Alaska  99709                                                       
POSITION STATEMENT:  Supports SCR 11                                           
                                                                               
Ms. Vera Gazaway                                                               
Older Persons Action Group (OPAG)                                              
415 Willoughby Ave. #414                                                       
Juneau, Alaska  99801                                                          
POSITION STATEMENT:  Supports SCR 11                                           
                                                                               
Ms. Marie Darlin                                                               
National Assn. of Retired Federal Employees                                    
415 Willoughby Ave. #506                                                       
Juneau, Alaska  99801                                                          
POSITION STATEMENT:  Supports SCR 11                                           
                                                                               
Laraine Derr                                                                   
Alaska State Hospital Assn.                                                    
319 Seward Street, #11                                                         
Juneau, Alaska  99801                                                          
POSITION STATEMENT:  Supports SCR 11                                           
                                                                               
Ms. Barbara Miklos                                                             
Child Support Enforcement Division                                             
550 West 7th Avenue, Suite 310                                                 
Anchorage, Alaska  99501                                                       
POSITION STATEMENT:  Explained the provisions of SB 252                        
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-19, SIDE A                                                             
Number 001                                                                     
                                                                               
CHAIRMAN WILKEN called the Senate Health, Education and Social                 
Services (HESS) Committee to order at 9:06 a.m.  Present were                  
Senators Wilken, Ward and Green.  CHAIRMAN WILKEN announced the                
order of bills would SCR 11, SB 252 and SJR 39.                                
                                                                               
               SCR 11 - LONG-TERM CARE TASK FORCE                              
                                                                               
SENATOR BERT SHARP, sponsor of SCR 11, gave the following overview             
of the measure.  As Alaska's senior citizen community continues to             
increase in size, the state needs to plan for the long term care               
and needs of these citizens.  While most families desire to provide            
home care for their elderly parents, the reality is that most will             
live in a long term care facility sooner or later.  Either way, the            
cost of providing long term care is becoming insurmountable to the             
state and to private citizens.  In an effort to assure that                    
Alaska's senior citizens can plan and get the best care possible,              
the Legislature established a working group in 1996 to analyze long            
term care services available in the state and the projected costs              
of such care.  SCR 11 will create a long term care task force to               
review the working group's findings and to develop equitable plans             
for providing actuarially sound and affordable long term care                  
options for all senior citizens.  He urged committee members to                
support SCR 11 so that the dialogue to find the answers to the long            
term care needs of senior citizens within the State of Alaska will             
continue.                                                                      
                                                                               
SENATOR WARD stated the task force will be comprised of four                   
majority members, two minority members, and six non-elected                    
members.  He expressed concern that this task force will be making             
recommendations to the Legislature, yet because of its make-up,                
might not adequately reflect the views of the majority of the                  
Legislature.  He asked Senator Sharp if he thought the composition             
of the task force could be a problem.                                          
                                                                               
SENATOR SHARP said he thinks this particular topic lends itself                
more toward common ground than most.  He explained the task force              
is designed to determine options and their costs to individuals and            
group plans, and not to dictate a specific course of action.  The              
task force will establish what the need for, and marketplace is,               
for long term care. He thought representatives from the various                
commissioners' offices will add expertise in their particular                  
fields and will not control the direction or the outcome of the                
task force's work because the need is universal.                               
                                                                               
SENATOR WARD maintained that although the task force will be                   
working on a common goal, the resolution directs it to submit                  
proposed legislation.  He repeated his concern that the task force             
will have eight non-majority members.                                          
                                                                               
Number 137                                                                     
                                                                               
CHAIRMAN WILKEN noted he only had one copy of the work group's                 
report which he offered to pass around to committee members. He                
then took testimony from participants on the teleconference                    
network.                                                                       
                                                                               
BOB HUFMAN, a Fairbanks resident, testified in favor of SCR 11                 
because establishing an actuarially sound system of long term care             
for senior citizens is an admirable goal.  In checking over a                  
number of long term care policies offered by several underwriters,             
he found they all fell short of what is truly required in the way              
of benefit needs and costs.  Judging from what is available on the             
market today, the state could devise an adequate plan that may be              
an attractive proposal to middle-aged people whose participation               
would help balance out the payment schedule.  The results of the               
McDowell Group report show the tremendous impact the cost of                   
supporting residents in the Pioneer Homes will have on the state               
budget as the rates rise to the full cost of care by the year 2003.            
The cost of state monetary assistance will rise from $1,408,000 in             
1997 to over $15,800,000 in 2003.  That figure alone justifies                 
underwriting a long term care policy, either by the state alone or             
in concert with a reputable company.  Alaskans desperately need                
assistance with this monumental problem.  He urged formation of the            
task force as soon as possible.                                                
                                                                               
MERRILL HAKALA testified from Fairbanks and thanked Senator Sharp              
for introducing SCR 11.  She believes SCR 11 is very important to              
senior citizens of the state because the cost of Pioneers' Homes is            
increasing dramatically.  Most seniors enter Pioneers' Homes with              
a few dollars in the bank, but are wiped out once they enter long              
term care.  The dignity of senior citizens needs to be preserved.              
                                                                               
FLOYD HEIMBUCH, Executive Director of the Older Persons Action                 
Group (OPAG), testified from Anchorage on his own behalf.  He                  
stated the Anchorage Advisory Commission is undertaking a study on             
this subject and it intends to produce a study without the bias                
that a funding corporation or entity might build into it.  He hoped            
a new task force will be careful when determining the focus of the             
plan and who is working on the plan.  The following areas of                   
concern are basic to what senior citizens are thinking about:                  
mental health; access; finding an acceptable institution when one              
needs help; physical activity; secure surroundings; financial                  
problems; at-home family care; and consumer protection.  He                    
encouraged the task force to use the Alaska Commission on Aging's              
information effort, OPAG's publication Voices, and senior center               
newsletters to focus on what is available now, rather than on what             
will be available after the plan is made.  Mr. Heimbuch concluded              
that people are living longer and we are using outdated concepts to            
deal with their needs.  He suggested looking at a plan that will               
allow people to "bank" volunteer services, while they are able, to             
be applied toward the cost of long term care in the future.                    
                                                                               
MS. DULCE NOBLE, Executive Director of the Alzheimer's Association,            
spoke in support of SCR 11. The work group's studies resulted in an            
analysis of the current long term care system.  The group                      
determined the strengths of the current system and  the challenges             
that lie ahead.  The creation of a task force is essential to                  
implement some of the group's recommendations.  Because of                     
demographic trends, the number of seniors in need of help in 10 to             
15 years will increase, and many caregivers will be feeling the                
impact.  The task force will need to create an infrastructure to               
address these needs.                                                           
                                                                               
Number 276                                                                     
                                                                               
KAY BRANCH, Bristol Bay Native Association (BBNA) Elderly Services             
Manager, and a board member of the Alzheimer's Association, stated             
she is familiar with the long term care needs of people in rural               
areas and supports SCR 11.  She believes it is important to take               
the analysis that was recently completed and convert it into an                
equitable plan.  The costs of long term care are exceedingly high.             
BBNA received money from the Division of Senior Services to conduct            
its own research on the need for assisted living in the Dillingham             
area.  At present there are no nursing homes or assisted living                
facilities.  BBNA held seven community forums throughout the                   
region:  the sizeable attendance at all meetings was indicative of             
the strong concern people have about ensuring that their elders are            
cared for in the best way possible.  In those areas, people want               
their elders to remain as close to home as possible.  When families            
cannot care for their elderly relatives at home they have to send              
them to long term care facilities in Anchorage and Fairbanks.  She             
suggested that a rural Alaskan who is familiar with senior issues              
be appointed to the task force if SCR 11 passes.                               
                                                                               
KATHLEEN DALTON testified on her own behalf from Fairbanks.  She is            
a conservator-guardian for an 82 year old woman who is in an                   
assisted living facility.  She expressed concern that SCR 11 may be            
redundant and she questioned where the funds for activities of the             
task force will come from.  In addition, she asked that no                     
commissioners or designees be appointed to the task force because              
those people represent the bureaucracy and will provide no original            
thinking. She suggested using people in those positions as                     
resources.  She requested a copy of the McDowell Group report.                 
                                                                               
Number 350                                                                     
                                                                               
DON HOOVER testified as a member of the Alaska Commission on Aging,            
and on his own behalf, in support of SCR 11.  He said SCR 11 does              
not only apply to the elderly, but to people of all ages who need              
long term care.  Alaska rates second highest in the nation in the              
increase in the number of senior citizens.  Growth projections                 
indicate that the population of people 65 and older by the year                
2015 will be 80,957.  About one-third of those people will be in               
the 80 to 85 year old age group; over 48 percent of those will have            
Alzheimer's disease which requires long term care.  He expressed               
concern that SCR 11 requires the task force to complete its work               
between legislative sessions which will not provide enough time.               
                                                                               
FLORENCE ORR, representing the Igloo and Womens' Auxiliary of the              
Pioneers in Anchorage, the National Association of Retired Federal             
Employees, and the Anchorage Senior Center, testified from                     
Anchorage.  Ms. Orr said as a person in her late 80's she is very              
personally interested in SCR 11. Most of her contemporaries are                
recognizing that they cannot get along alone anymore and some are              
panicking about where to go.                                                   
                                                                               
FRANK APPEL, representing the Alzheimers Association Board,                    
testified in support of SCR 11 and made the following comments.                
Because the elderly population is likely to increase enormously in             
the next 20 years, it is important to build upon the analysis                  
completed by the working group.  The state will likely experience              
costs for those people with insufficient assets or income to pay               
for long term care.  The state needs to create a plan to provide               
funding for effective, efficient, and equitable long term care.                
                                                                               
FRANK McGILVARY thanked Senators Sharp and Duncan for introducing              
SCR 11 and expressed support for the measure.                                  
                                                                               
JOHN HANCHETT testified on his own behalf from Fairbanks in support            
of SCR 11.  He noted he is a member of the Alzheimers Association,             
an insurance agent, and has taken care of seniors for 23 years, so             
is familiar with this issue from a variety of perspectives.  He                
believes the long term care issue is a problem for the current                 
population of senior citizens but will be moreso for the next                  
generation.  Besides coming up with alternatives, the task force               
can give this issue the publicity and attention it needs to get the            
public to react.                                                               
                                                                               
BOB HANSEN, testifying from Fairbanks, informed committee members              
he has provided care for his aging mother for many years.  He                  
stated the cost of residency in a Pioneer Home is becoming                     
outrageous and unaffordable for most people.  Some seniors have had            
to move out because of the cost.  He believes that is a disgraceful            
thing to do to pioneers.                                                       
                                                                               
ED BARBER JR., representing himself, testified from Anchorage and              
made the following comments.  There are many perceived, as well as             
actual, problems involved in addressing the long term care of                  
senior citizens.  He recommended greater emphasis be placed on the             
membership of the task force so that there is more representation              
by senior groups and less from the bureaucracy.  He commended the              
drafters of SCR 11 for including a sunset clause and noted his                 
support of the resolution.                                                     
                                                                               
Number 474                                                                     
                                                                               
SENATOR LEMAN stated he appreciated the comments about appointing              
more senior citizens to the task force.  He said he thinks it is               
important to get other input, but maybe in an ex-officio capacity.             
                                                                               
BETTY HUFMAN testified from Fairbanks in support of SCR 11.  She               
believes this resolution will have an impact on all Alaskans                   
because a lot of young people are caring for elderly relatives.                
Facilities are not only lacking but are also inadequate, and there             
is a crying need for assisted living homes for people who do not               
need full-scale nursing homes.  She believes the committee should              
consist of a broader cross-section of the population, and the time             
limit should be extended.                                                      
                                                                               
MARIE DARLIN, representing the Alaska Federation of the National               
Association of Retired Federal Employees (AFNARFE), stated at its              
last convention, AFNARFE passed a resolution in support of SCR 11.             
AFNARFE's constituency consists of seniors, and those who are not              
yet seniors but are caring for parents and/or children in need of              
long term care.  AFNARFE is concerned that recommendations put                 
forth by the working group be acted upon and that policies and a               
plan be established to meet the reported needs.  She noted she will            
give committee members copies of the Alaska Commission on Aging's              
latest bulletin which contains updated information on the future               
demographics of Alaska's senior population.  AFNARFE is glad to see            
this issue is going to get some attention.                                     
                                                                               
CHAIRMAN WILKEN asked Ms. Darlin if she is familiar with a report              
put out in the last year by a commission headed by Amos Alder.  MS.            
DARLIN was not aware of it.  CHAIRMAN WILKEN said he was interested            
to hear what people think of that report.                                      
                                                                               
Number 542                                                                     
                                                                               
VERA GAZAWAY, representing OPAG,  stated OPAG has viewed long term             
care as an inter-generational issue for the reasons previously                 
mentioned.  OPAG believes more training and access for home                    
caregivers for people with long term illnesses needs to be provided            
with state funds.  For a number of years, OPAG has endorsed the                
need for in-home health care and actually had training programs for            
in-home health care but many of the trainees eventually went to                
work for hospitals. Also, she noted there is a need for more                   
respite care.  One day per week of respite care is a great help to             
full-time caregivers.                                                          
                                                                               
LARRAINE DERR, representing the State Hospital and Nursing Home                
Association, stated the number one goal of the long term care                  
committee is the formation of a long term care task force to                   
address long term care problems in the state.  The committee has               
been reviewing reports over the last few years and has realized                
that little progress has been made in this area.  The committee has            
a task force appointment scheduled and is willing to offer its                 
support to the task force in SCR 11 in any way it can.  The group              
is definitely in favor of the resolution.                                      
                                                                               
SENATOR LEMAN suggested holding the resolution until the next                  
meeting to restructure the make-up of the task force and update the            
time-frame during which it will operate.                                       
                                                                               
CHAIRMAN WILKEN announced SCR 11 will be held in committee until               
the following Wednesday.                                                       
TAPE 98-19, SIDE B                                                             
                                                                               
The committee took a brief at-ease.                                            
       SB 252 - PATERNITY/CHILD SUPPORT/NONSUPPORT CRIMES                      
                                                                               
BARBARA MIKLOS, Director of the Child Support Enforcement Division             
(CSED), explained that SB 252 was introduced solely to comply with             
federal welfare reform requirements.  The Personal Responsibility              
and Work Opportunity Reconciliation Act, commonly known as welfare             
reform, passed in Congress in 1996.  The intent of the Act is to               
change the welfare system so that it is not viewed as a life long              
income source, but rather as something temporarily available when              
people are in need.  When Congress passed the Act, it realized                 
people need tools to enable the reform to take place so a great                
deal of focus was put on child support enforcement provisions. Some            
of those provisions require legislative changes. SB 154, passed                
last year, met many of the requirements.  Some requirements were               
put on hold until this year and in the meantime Congress passed                
technical amendments to the Act.  Congress has warned that if this             
legislation is not enacted, the state could suffer financial                   
penalties in CSED funds and the welfare grant.                                 
                                                                               
MS. MIKLOS described the provisions of the bill as follows.  The               
legislation requires all employers to report new hires within 20               
days.  Existing law only requires larger employers to report.  That            
provision expands the legislation but reduces the penalty for not              
reporting from $1,000 to $25.  SB 252 also gives the Courts                    
authority to revoke sports fishing and hunting licenses in criminal            
cases or when a person is found in contempt of court.  Only a judge            
may revoke the license and only in those two cases.  SB 252                    
requires social security numbers be placed on drivers' licenses and            
on hunting and sport fishing licenses.  MS. MIKLOS noted Dan Branch            
of the Department of Law, who drafted SB 252, and Phil Petrie, the             
Operations Manager of CSED, were available to answer questions.                
                                                                               
Number 554                                                                     
                                                                               
SENATOR WARD asked Ms. Miklos to expand on her comment that non-               
compliance with the federal Act could result in financial penalties            
to the State.                                                                  
                                                                               
MS. MIKLOS explained the Act contains language that authorizes the             
Secretary of the Department of Health and Human Services to                    
withhold all federal child support enforcement and welfare program             
funding for non-compliance.  The "could" is because the decision to            
withhold is left to the discretion of the Secretary.  She added the            
State of Idaho has already received a letter advising it to hold a             
hearing and take action within 60 days, or federal funds will be               
withheld.                                                                      
                                                                               
SENATOR WARD questioned whether committee members had a copy of                
that letter and what specific conditions the State of Idaho has to             
meet.                                                                          
                                                                               
MS. MIKLOS offered to provide committee members with a copy of the             
letter.  She said the agency is requiring the State of Idaho to                
pass the provisions of welfare reform but it does not specify which            
provisions the State of Idaho is out of compliance with.                       
                                                                               
SENATOR WARD asked why the State of Idaho has received that                    
ultimatum and other states that are out of compliance have not.                
                                                                               
MS. MIKLOS replied last year Idaho's Legislature passed a bill that            
did not meet all of the requirements of the federal Act and                    
indicated it did not plan to do any more.  She thought the reason              
Alaska has not received similar correspondence is because the                  
Department of Health and Social Services believes Alaska intends to            
pass legislation this year.                                                    
                                                                               
SENATOR LEMAN referred to a CSED question and answer document in               
committee members' packets, and specifically to the question of                
whether the use of social security numbers in CSED matters serves              
enough of a compelling state interest to override a person's right             
to privacy.  Senator Leman read the following statement from the               
document.  "The Courts likely will find that any privacy concerns              
are far outweighed by society's interest in effective child support            
enforcement."  He stated that while he agrees with that statement,             
he is concerned that the Alaska Courts have handed down two                    
separate rulings in the past week that are very bizarre in the                 
application of the Right to Privacy clause as it links with Equal              
Protection.  He said he has very little confidence in what that                
court might do in interpreting CSED's use of social security                   
numbers.  He thought CSED would have a compelling state interest to            
protect the right of the child but likewise, so would enhancing the            
relationship of a child with a parent, but one judge did not agree.            
He said it concerns him when the courts misinterpret what others               
find to be common sense.                                                       
                                                                               
SENATOR WARD maintained the State of Idaho has taken the position              
that it will go through the administrative hearing process first               
and should lose no money until that process is complete.  He noted             
he spoke to a few people whose believe the federal government has              
not articulated its position well enough for states to fully                   
understand the requirements.                                                   
                                                                               
Number 504                                                                     
                                                                               
MS. MIKLOS indicated it is her understanding the State of Idaho is             
working on legislation to meet the requirements, and that maybe                
both things are occurring simultaneously.  She noted the people she            
spoke with in Idaho were hoping to get legislation through this                
year.                                                                          
                                                                               
SENATOR WARD asked if she spoke with legislators.                              
                                                                               
MS. MIKLOS answered she spoke with officials in the child support              
division.                                                                      
                                                                               
SENATOR WARD asked if the State of Idaho will be the first to have             
an administrative hearing.                                                     
                                                                               
MS. MIKLOS was not sure.  She added that most states have attempted            
to comply.                                                                     
                                                                               
SENATOR WARD pointed out the State of Idaho wants to have a hearing            
for the purpose of clarification of the Act's requirements.                    
                                                                               
Number 492                                                                     
                                                                               
CHAIRMAN WILKEN informed committee members an analysis, prepared by            
the National Council of State Legislators, was in committee                    
packets.  He asked Ms. Miklos to review the letter from the                    
Department of Health and Human Services.                                       
                                                                               
MS. MIKLOS stated the letter says Alaska must comply according to              
the welfare reform legislation.  She read excerpts from the letter             
as follows.                                                                    
     "Therefore, a determination that a state IV-D plan is                     
     disapproved will result in immediate suspension of all federal            
     payments for the state's child support enforcement programs.              
     ...Alaska received approximately $12.4 million in Title IV-D              
     funding for the administration of its child support program in            
     FY 97 and over $3.2 million in Title IV-D performance related             
     child support incentives.                                                 
                                                                               
     In addition, in order to be eligible for a block grant for                
     Temporary Assistance for Needy Families (TANF), the Act                   
     requires the State to certify that it will operate a child                
     support enforcement program under the state plan approved                 
     under part D.  Therefore, TANF funding would also be                      
     jeopardized if the State failed to enact the required child               
     support legislation on a timely basis. Alaska's federal                   
     funding for IV-A was approximately $63 million."                          
                                                                               
MS. MIKLOS indicated the total amount of federal funds that could              
be lost is $78 million.                                                        
                                                                               
SENATOR WARD questioned whether anyone from the Department of                  
Health and Human Services has notified CSED in writing that even $1            
would be eliminated without a hearing.                                         
                                                                               
MS. MIKLOS said no.                                                            
                                                                               
SENATOR WARD stated he does not like blackmail in any form, and he             
is unsure of the process.  He did not think the federal government             
has adequately defined its mandates and it is approaching the                  
problem on a state-by-state basis.                                             
                                                                               
SENATOR GREEN noted the NCSL analysis contains provisions that are             
not mandated: one in Section 2, one in Sections 4 and 5, and                   
Sections 15 and 17.  It also contains a repeal of the sunset clause            
from last year which is the reason this measure had enough support             
to pass the Senate.  She said she would be hard pressed to support             
this package.                                                                  
                                                                               
SENATOR WARD thought the committee might need to look at a                     
different package or require an administrative hearing as the State            
of Idaho has.                                                                  
                                                                               
CHAIRMAN WILKEN stated that unless the HESS committee is willing               
and able to rewrite this legislation, the bill should be moved to              
the Judiciary Committee where its legal implications will be                   
analyzed.                                                                      
                                                                               
SENATOR WARD thought the HESS committee would be passing on its                
duty and right to request a hearing.                                           
                                                                               
MS. MIKLOS said if members want to pass the bill on to the                     
Judiciary Committee, she would be glad to write a letter to Senator            
Ward that explains exactly what is happening in Idaho to clarify               
this issue.                                                                    
                                                                               
Number 419                                                                     
                                                                               
SENATOR GREEN stated she does not know what changes have been made             
and what provisions might be implanted in the bill that might have             
unintended implications.  She noted she is not comfortable passing             
this legislation on without a clear understanding of it.                       
                                                                               
SENATOR WARD pointed out he understands what SB 252 does, but does             
not know that the State of Alaska is necessarily required by                   
federal law to comply.  The mandate has been implied through                   
correspondence from the Department of Health and Social Services,              
but the mandate is subject to an action, which is usually a case of            
federal officials deciding precisely what the state must do.                   
                                                                               
CHAIRMAN WILKEN announced SB 252 would be held in committee to give            
members more time to discuss the bill's implications with agency               
staff.                                                                         
                                                                               
SENATOR LEMAN asked Ms. Miklos to provide the committee with an                
analysis of SB 252 that determines how much of its content was not             
in last year's bill, and that compares the bill to the federal law.            
                                                                               
MS. MIKLOS noted she already prepared that material and would                  
provide it to Senator Leman.                                                   
                                                                               
CHAIRMAN WILKEN informed committee members he was recently                     
contacted by an irate constituent about CSED's handling of his                 
case.  Ms. Miklos intervened in the case and the problem was                   
resolved to everyone's satisfaction.  He thanked Ms. Miklos and                
stated she is off on the right foot as CSED's new director.                    
The committee took a brief at-ease.                                            
            SJR 39 - SUPPORT READING EXCELLENCE ACT                            
                                                                               
SENATOR ROBIN TAYLOR, sponsor of SJR 39, stated he is not alone in             
his concern about the current level of reading skills and the level            
those skills have dropped to over the last 20 years. He described              
an article in Forbes magazine about Boeing as follows. Boeing                  
estimates it will lose over $2 billion because it was not able to              
complete projects and meet contract deadlines last year.  The cause            
of the problem is that of the 12,000 new hires in its workforce,               
about 8,000 needed remediation in reading and math.  The same                  
article spoke about other major businesses across the United States            
experiencing the similar problem of entry level workers' inability             
to read.  The purpose of SJR 39 is to notify Congress that Alaska              
supports the Reading Excellence Act, or S 1596, sponsored by                   
Senator Paul Coverdell.  The purpose of that Act is to teach every             
child to read in the early childhood years as soon as they are                 
ready, or as soon as possible once they enter school, but not later            
than the third grade.  The Act then goes on to provide $212 million            
for research, teaching, and individual grants for primary and                  
secondary reading instruction.  Senator Taylor said he would like              
to see Alaska be in a position to take advantage of that federal               
money and begin a pilot program.  Alaska's student enrollment is               
less than many medium school districts elsewhere yet it is diverse.            
Senator Taylor explained S 1596 also provides for tutorial                     
assistance, and 95 percent of the funds would go directly into                 
instruction to children.  It also authorizes grants to parents for             
tutorial assistance.                                                           
                                                                               
Number 202                                                                     
                                                                               
SENATOR GREEN stated, as a former teacher, she is struck by the                
notion that the Legislature is getting into somebody else's                    
business thereby demeaning the profession of teachers.  She said               
the Legislature must give assurance that it is striving for better             
performance and is not out to demean the teaching profession.                  
Senator Green questioned whether the word "systematic" as contained            
in S 1596, is in relation to phonics.  She noted literacy experts              
have been caught up on that word and she was unsure that any                   
legislator knows the full implication of the word when it comes to             
an educational method of delivery.  She asked Senator Taylor                   
whether S 1596 specifically refers to phonics.                                 
                                                                               
SENATOR TAYLOR said it wouldn't dare because that word is so                   
frightening to the professional community.  He repeated the goal is            
that children learn to read.  He maintained that over 30 years of              
research shows that phonics is one of the best methods to use.  He             
noted the federal law will require that teachers use methods based             
on replicable research, research that is objective and valid, and              
that has had a peer review.  He maintained that school districts               
seem to try a new approach about every two or three years without              
any follow-up; therefore no one knows which approach succeeded.  S             
1596 requires methods to be used that have been studied and for                
which empirical evidence is available.                                         
                                                                               
CHAIRMAN WILKEN noted that the words "phonics skills," rather than             
"phonics," are referred to on page 4 in two places.                            
                                                                               
SENATOR WARD suggested adding "and all members of Congress" on line            
17 after the word "Representative."                                            
                                                                               
SENATOR TAYLOR agreed the resolution should go to all members of               
Congress.                                                                      
                                                                               
SENATOR GREEN suggested naming Paul Coverdell as a recipient in the            
resolution.                                                                    
                                                                               
SENATOR TAYLOR agreed his name should be added.                                
                                                                               
Number 202                                                                     
                                                                               
SENATOR LEMAN stated he appreciates Senator Coverdell's promotion              
of individual education accounts which will give parents the                   
flexibility to find the best educational opportunity for their                 
children.  He stated he would like to include endorsement of that              
type of approach to education in SJR 39 as he believes the two are             
interrelated.                                                                  
                                                                               
SENATOR TAYLOR commented SJR 39, especially in regard to the                   
provision allowing tutorial grants, will accommodate those families            
who have one child out of several who has trouble reading who need             
special help.                                                                  
                                                                               
SENATOR LEMAN stated one of his concerns is that the Alaska                    
Legislature will be promoting a federal program that has a high                
cost.  He stated S 1596 requires that funds for teacher training               
be spent on programs proven effective by scientific research.  He              
noted although he agrees with that concept, he offered a similar               
amendment regarding sex education to a bill several years ago which            
was defeated in the House.  He agreed these programs should be                 
based on valid research.                                                       
                                                                               
Number 168                                                                     
                                                                               
SENATOR TAYLOR commented that after listening to concerns that the             
bill is an unfunded mandate, he drafted a sponsor substitute which             
only requires that a nationally normed test be given to second                 
graders to find out how students are faring in Alaska.  That                   
approach should determine how serious the problem is and should                
provide direction for future legislative action.  If the students'             
scores are below the national average, the Legislature could                   
recommend the use of phonics instruction in the curriculum and                 
provide financial assistance to schools willing to use it to remove            
the mandate concept.  SENATOR TAYLOR maintained that spending money            
on the problem in the lower grades will save money later on.                   
                                                                               
CHAIRMAN WILKEN commented that everyone agrees on the end result               
Senator Taylor is trying to reach with SB 203, but everyone                    
involved needs to agree on the way to go so all can buy in on the              
approach.                                                                      
                                                                               
Number 084                                                                     
                                                                               
SENATOR WARD asked for suggestions on language to amend SJR 39 to              
include other members of Congress.                                             
                                                                               
CHAIRMAN WILKEN questioned whether SJR 39 will impede the progress             
of S 1596 by specifically referring to "phonics" on lines 8 and 10.            
He suggested deleting that reference and addressing the phonics                
issue in SB 203.                                                               
                                                                               
SENATOR TAYLOR suggested replacing the language on line 17 with the            
following: "...Representative, and all of the members of Congress."            
                                                                               
SENATOR WARD moved to amend line 17 as Senator Taylor suggested.               
There being no objection, the motion carried.                                  
                                                                               
SENATOR LEMAN moved to add Senator Coverdell's name after the names            
of Alaska's Congressional delegation, in SJR 39.  There being no               
objection, the motion carried.                                                 
                                                                               
SENATOR WARD informed committee members he supports including the              
word "phonics" in SJR 39.                                                      
                                                                               
BARBARA THOMPSON, Director of the Division of Teaching and Learning            
Support for the Alaska Department of Education (DOE), testified.               
DOE supports SJR 39 as it finds the illiteracy rate alarming and               
believes a greater emphasis on reading needs to occur.  DOE                    
supports phonics in the context of a balanced comprehensive reading            
program.                                                                       
                                                                               
SENATOR LEMAN commented that a weaker emphasis is now placed on                
phonics in the earlier grades than he experienced as an elementary             
grade student, and as a result, students experience more of a                  
struggle when it comes to spelling and the interrelationship of                
letters to words.                                                              
                                                                               
TAPE 98-20, SIDE A                                                             
                                                                               
SENATOR WARD asked Ms. Thompson to articulate on DOE's position on             
using the word "phonics" in SJR 39.                                            
                                                                               
MS. THOMPSON replied DOE recognizes phonics as being a part of a               
balanced and comprehensive program.                                            
There being no further business to come before the committee,                  
CHAIRMAN WILKEN adjourned the meeting.                                         

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