Legislature(1997 - 1998)

02/24/1997 09:00 AM HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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      SENATE HEALTH, EDUCATION & SOCIAL SERVICES COMMITTEE                     
                       February 24, 1997                                       
                           9:00 a.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Gary Wilken, Chairman                                                 
 Senator Loren Leman, Vice Chairman                                            
 Senator Lyda Green                                                            
 Senator Jerry Ward                                                            
 Senator Johnny Ellis                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 All members present.                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 94                                                            
 "An Act relating to designating flunitrazepam as a schedule IVA               
 controlled substance; and providing for an effective date."                   
                                                                               
  - MOVED SB 94 OUT OF COMMITTEE                                               
                                                                               
                                                                               
 SENATE BILL NO. 66                                                            
 "An Act relating to the collection by victims of restitution from             
 prisoners; relating to the definition of `serious provocation' as             
 a defense to murder; relating to the definition of `incapacitated'            
 for sexual offenses; creating the crime of interfering with a                 
 report of a crime involving domestic violence; relating to the                
 safety of victims, other persons, and the community in setting bail           
 or conditions of release; relating to mental examinations of                  
 victims in criminal prosecutions; relating to the rights of victims           
 of crimes under AS 12.61; relating to access to certain records of            
 the Violent Crimes Compensation Board; relating to medical death              
 investigations; amending Alaska Rules of Criminal Procedure 5 and             
 6, Alaska Rules of Evidence 404 and 615, and Alaska Delinquency               
 Rule 3; and providing for an effective date."                                 
                                                                               
  - HEARD AND HELD                                                             
                                                                               
 SENATE BILL NO. 96                                                            
 "An Act regulating hospice care."                                             
                                                                               
  - HEARD AND HELD                                                             
                                                                               
 SENATE BILL NO. 71                                                            
 "An Act relating to the issuance, suspension, limitation,                     
 revocation, and reinstatement of drivers' licenses, permits, or               
 privileges to drive concerning alcohol-related offenses; relating             
 to the fees charged for the reinstatement of drivers' licenses, to            
 alcohol information courses for drivers, and to youth assessment              
 and referral programs for minor drivers."                                     
                                                                               
  - HEARD AND HELD                                                             
                                                                               
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 94 - No previous Senate action to record.                                  
                                                                               
 SB 66 - See Senate Health, Education & Social Services Committee              
         minutes dated 2/21/97.                                                
                                                                               
 SB 96 - No previous Senate action to record.                                  
                                                                               
 SB 71 - No previous Senate action to record.                                  
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Senator Ellis                                                                 
 State Capitol                                                                 
 Juneau, Alaska 99801-1182                                                     
  POSITION STATEMENT:   Prime Sponsor of SB 94.                                
                                                                               
 George Taft, Director                                                         
 Alaska Crime Laboratory                                                       
 5500 E Tudor Road                                                             
 Anchorage, Alaska 99507-1221                                                  
  POSITION STATEMENT:   Discussed Rohypnol.                                    
                                                                               
 Anne Carpeneti, Assistant Attorney General                                    
 Legal Services Section                                                        
 Criminal Division                                                             
 Department of Law                                                             
 PO Box 110300                                                                 
 Juneau, Alaska 99811-0300                                                     
  POSITION STATEMENT:   Reviewed SB 94.                                        
                                                                               
 Jayne Andreen, Executive Director                                             
 Council on Domestic Violence & Sexual Assault                                 
 Department of Public Safety                                                   
 PO Box 111200                                                                 
 Juneau, Alaska 99811-1200                                                     
  POSITION STATEMENT:   Supported SB 66, but noted concerns.                   
                                                                               
 Blair McCune, Deputy Public Defender                                          
 Alaska Public Defender Agency                                                 
 900 W 5th Avenue, Suite 200                                                   
 Anchorage, Alaska 99501-2090                                                  
  POSITION STATEMENT:   Discussed concerns with SB 66.                         
                                                                               
 Charles Quarre', President                                                    
 Hospice of the Central Peninsula                                              
 HC 1 Box 3336                                                                 
 Sterling, Alaska 99672                                                        
  POSITION STATEMENT:   Recommended that volunteer hospices be                 
                      excluded from SB 96.                                     
                                                                               
 Benjamin Brown, Staff                                                         
 Senator Kelly                                                                 
 State Capitol                                                                 
 Juneau, Alaska 99801-1182                                                     
  POSITION STATEMENT:   Reviewed SB 96.                                        
                                                                               
 Mike Shiffer, Board Member                                                    
 Hospice of Anchorage                                                          
 Anchorage, Alaska                                                             
  POSITION STATEMENT:   Supported SB 96.                                       
                                                                               
 Paula McCarron, Executive Director                                            
 Hospice of Anchorage                                                          
 Anchorage, Alaska                                                             
  POSITION STATEMENT:   Discussed the history of hospice care.                 
                                                                               
 Shelbert Larsen, Administrator                                                
 Health Facilities Licensing & Certification                                   
 4730 Business Park Boulevard, Suite 18                                        
 Anchorage, Alaska 99503-7117                                                  
  POSITION STATEMENT:   Did not oppose licensing hospice, but                  
                      recommended changes to SB 96.                            
                                                                               
 Margot Knuth, Assistant Attorney General                                      
 Department of Law                                                             
 PO Box 110300                                                                 
 Juneau, Alaska 99811-0300                                                     
  POSITION STATEMENT:   Reviewed SB 71.                                        
                                                                               
 Juanita Hensley, Chief                                                        
 Drivers Services                                                              
 Division of Motor Vehicles                                                    
 Department of Public Safety                                                   
 PO Box 20020                                                                  
 Juneau, Alaska 99811-0020                                                     
  POSITION STATEMENT:   Answered questions.                                    
                                                                               
 Students from the Youth Congress:  Audrey Caulum, Petersburg; Jeff            
 Lund, Klawock; Dennis Plantz, Sitka; Jessica Gardner, King Salmon             
 Chaperons:  Rex Carver, Sitka; Denise Weyhmiller, Craig                       
                                                                               
 Loren Jones, Director                                                         
 Division of Alcoholism & Drug Abuse                                           
 Department of Health & Social Services                                        
 PO Box 110607                                                                 
 Juneau, Alaska 99811-0607                                                     
  POSITION STATEMENT:   Discussed the need for age appropriate                 
                      programs.                                                
                                                                               
 Valerie Therrien, Chair                                                       
 Legislative Committee                                                         
 Advisory Board on Alcoholism & Drug Abuse                                     
 779 Eighth Avenue                                                             
 Fairbanks, Alaska 99701                                                       
  POSITION STATEMENT:   Discussed the findings of the Youth Congress           
                      and supported SB 71.                                     
                                                                               
 Don Dapcevich, Executive Director                                             
 Governor's Advisory Board on Alcoholism & Drug Abuse                          
 PO Box 110608                                                                 
 Juneau, Alaska 99801-0608                                                     
  POSITION STATEMENT:   Discussed the need for SB 71.                          
                                                                               
 Cesar DiMatteo, Executive Director                                            
 Alaska Council on Prevention of Alcohol & Drug Abuse                          
 3333 Denali                                                                   
 Anchorage, Alaska                                                             
  POSITION STATEMENT:   Supported SB 71.                                       
                                                                               
 Rex Carver, Chaperon                                                          
 Youth Congress                                                                
 Sitka Teen Resource Center                                                    
 Sitka, Alaska                                                                 
  POSITION STATEMENT:   Discussed the Youth Congress.                          
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 97-18, SIDE A                                                           
                                                                               
                                                                               
             SB  94 ROHYPNOL AS SCHEDULE IV-A DRUG                            
                                                                              
 Number 001                                                                    
                                                                               
  CHAIRMAN WILKEN  called the Senate Health, Education & Social                
 Services Committee (HES) to order at 9:00 a.m. and introduced  SB 94          
 as the first order of business before the committee.                          
                                                                               
  SENATOR ELLIS , Prime Sponsor, explained that SB 94 proposes to add          
 the drug Rohypnol to a Schedule IVA which is the prohibited drug              
 list.  While Rohypnol is an illegal drug under federal law,                   
 Rohypnol is currently legal in Alaska.  Rohypnol, 'the date rape              
 drug', is a growing drug problem across the U.S.  When Rohypnol is            
 placed in a person's alcoholic beverage, the person can be out for            
 between 8 and 24 hours when a sexual assault can occur.  Rohypnol             
 is also being combined with alcohol for a cheap high.  Senator                
 Ellis reported that the first seizure of Rohypnol in Alaska just              
 occurred.  Many believe, as does Senator Ellis, that Rohypnol is              
 more serious than Schedule IV, but the state governments are                  
 waiting to see the results of the federal survey regarding this.              
 There is the option to increase the schedule at a later time.                 
 Schedule IV has a Class C felony, a penalty of one to five years.             
                                                                               
 Number 081                                                                    
                                                                               
  SENATOR WARD  inquired as to the current federal penalties for               
 Rohypnol.   SENATOR ELLIS  said that it is a Class C felony under the         
 federal law, just as is being proposed in SB 94.                              
                                                                               
 In response to Senator Leman,  SENATOR ELLIS  clarified that Schedule         
 I is the most serious and Schedule IV is less serious.  Senator               
 Ellis reiterated that there is a study to determine whether the               
 federal government will move from Schedule IV to the higher                   
 penalties of Schedule I.  With SB 94, Alaska would match federal              
 law with regard to Rohypnol.  Senator Ellis could not recall what             
 drugs were listed on Schedule IIIA.                                           
                                                                               
  GEORGE TAFT , Director of the Alaska Crime Laboratory, noted that            
 the first case in Alaska was about two weeks ago with about 250               
 tablets of Rohypnol as well as heroine and cocaine.  Mr. Taft                 
 informed the committee that one of the uses of Rohypnol was to                
 extend and heighten the high of heroine.  Mr. Taft offered to                 
 answer any questions.                                                         
                                                                               
 Hearing no questions,  CHAIRMAN WILKEN  inquired as to the pleasure           
 of the committee.                                                             
                                                                               
  SENATOR LEMAN  moved to report SB 94 out of committee with                   
 individual recommendations and accompanying fiscal notes.  Without            
 objection, it was so ordered.                                                 
                                                                               
                                                                               
                 SB  66 CRIMES & CRIME VICTIMS                                
                                                                              
 Number 147                                                                    
                                                                               
  CHAIRMAN WILKEN  introduced  SB 66  as the next order of business            
 before the committee.                                                         
                                                                               
  ANNE CARPENETI , Assistant Attorney General, explained that SB 66            
 amends the bail statutes in Title 12 so as to agree with the                  
 constitutional amendment Article 1 Section 24.  SB 66 also amends             
 the victims rights statute, AS 12.61 in order to mirror language in           
 the amendment and cross references to that statute, the notice                
 rights from other titles.                                                     
  CHAIRMAN WILKEN  noted that the committee packet included a detailed         
 sectional analysis of SB 42.                                                  
                                                                               
  JAYNE ANDREEN , Executive Director of the Council on Domestic                
 Violence & Sexual Assault, supported SB 66.  SB 66 ensures the                
 right of the victim to be present at any proceedings pertaining to            
 the crime.  Alaskan's have passed a constitutional amendment                  
 ensuring this as well.  Ms. Andreen noted that this issue is also             
 being reviewed at the federal level.  SB 66 expands the domestic              
 violence bill passed last year by factoring in the safety of                  
 victims of  all  violent crimes during sentencing and release                 
 procedures.  In response to Senator Green, Ms. Andreen clarified              
 that the safety of the victim would be factored in during any part            
 of the process from the conditions of bail to release.                        
                                                                               
 Number 228                                                                    
                                                                               
 Ms. Andreen felt that the tightened standards for the court when              
 ordering a psychological examination of a victim in Section 13 is             
 very important, particularly in sexual assault and domestic                   
 violence cases.  During such cases the credibility and mental                 
 capacity of the victim are often inappropriately questioned by the            
 defense.  Section 17 provides statutory protection to the records             
 that the Violent Crimes Compensation Board has on the cases being             
 reviewed.  The Violent Crimes Compensation Board by virtue of the             
 federal guidelines must keep those records confidential, however              
 the records are often subpoenaed in sexual assault cases.  In such            
 cases, the defense wants access to that information which is                  
 available to the defense through the course of discovery.                     
 Therefore, the Violent Crimes Compensation Board spends much time             
 filing motions to thwart the subpoenas.  Section 17 would bring               
 Alaska in compliance with the federal guidelines the board must               
 follow.                                                                       
                                                                               
 Ms. Andreen was concerned with Section 6 regarding serious                    
 provocation in homicide cases because the language could exclude              
 victims of domestic violence.  Section 8 which establishes a crime            
 with the interference of a report of domestic violence is also of             
 concern.  Ms. Andreen was supportive of this crime being                      
 established, however it should exclude a victim from being charged            
 with this crime.  The victim should be allowed to determine whether           
 or not the crime of domestic violence is reported.  Ms. Andreen               
 explained that often during a violent episode, the victim attempts            
 to call 911 for protection and the perpetrator dismantles the phone           
 to stop the call.  Although such action by the perpetrator is not             
 a crime in his/her own home, the seriousness of the assault is                
 compounded and mentally and physically increases the risk of the              
 victim.                                                                       
                                                                               
  SENATOR WARD  believed that Section 8 meant that it is illegal to            
 interfere with the reporting of domestic violence; could that                 
 include the request not to call?   JAYNE ANDREEN  deferred to the             
 Department of Law regarding the interpretation of interference. Ms.           
 Andreen supported Section 8 and noted that there are many subtle              
 ways in which the perpetrator can interfere with the victim's                 
 ability to gain control.  Ms. Andreen foresaw this being a                    
 combination charge with assault in most cases.                                
                                                                               
  SENATOR WARD  understood that most judges already consider the               
 safety of the victim when determining bail.   JAYNE ANDREEN  said             
 that anecdotal information from the courts indicate that many                 
 judges do consider the safety of the victim, but Ms. Andreen did              
 not believe it to be done consistently.                                       
                                                                               
 Number 326                                                                    
                                                                               
  BLAIR MCCUNE , Deputy Public Defender, said that he would review the         
 bill.  Section 1, 14, and 22 would change a long-standing                     
 evidentiary rule which ensures that a witness's testimony will not            
 be impacted by the testimony of other witnesses.  Mr. McCune                  
 recognized the constitutional amendment, however the main concern             
 is to maintain due process and fairness in a trial.  The judge                
 should have the discretion to allow witnesses to testify one at a             
 time.  Mr. McCune pointed out that the case in New Hampshire                  
 acknowledged the courts discretion to exclude witnesses.                      
                                                                               
 The concerns with Section 6 have been mentioned by others.  The law           
 recognizes that when people are under the strain of intense                   
 emotions of fear and anger, the person does not intend to do what             
 he/she does.  Mr. McCune believed that should continue.  Mr. McCune           
 echoed the concerns regarding the definition of interference in               
 Section 8.  AS 11.56.700, resisting and interfering with arrest,              
 requires force or criminal mischief in order to charge.  There                
 needs to be a clear definition of interference.  Section 13 is a              
 problem because the current law is protective of victims rights,              
 but in some cases a mental examination of the victim is necessary.            
 Section 17 is a rare occurrence of a second autopsy in which the              
 judge should have the discretion to order.  Mr. McCune said that              
 Section 19 may lead to propensity evidence whereby a juror may be             
 able to find that if a person did something before, he/she did it             
 on this occasion.                                                             
                                                                               
  CHAIRMAN WILKEN  asked if there was any discussion on the bill.              
 Hearing none, Chairman Wilken announced that SB 66 would be held              
 for further consideration.  In response to Senator Ellis, Chairman            
 Wilken did not know when the legislation would be before the                  
 committee again.                                                              
                                                                               
  SENATOR LEMAN  noted that he had worked on the constitutional                
 amendment and was interested in the implementation of statutes to             
 make the amendment work.  Senator Leman expressed the desire to               
 continue to work on this.                                                     
                                                                               
                                                                               
               SB  96 REGULATION OF HOSPICE CARE                              
                                                                              
 Number 424                                                                    
                                                                               
  CHAIRMAN WILKEN  announced  SB 96  as the next order of business.            
                                                                               
  CHARLES QUARRE' , President of the Hospice of the Central Peninsula,         
 informed the committee that the Hospice of the Central Peninsula              
 had been in operation for 10 years with 90 members and 50                     
 volunteers.  The Hospice of the Central Peninsula operates under              
 the guidelines of the National Hospice Organization.  Mr. Quarre'             
 did not believe it is necessary to include volunteer hospice                  
 programs for licensing.  A fee would cause the hospice to pay for             
 the fee out of the funds used to provide services to its clients.             
 Mr. Quarre' said that the Central Peninsula Hospice adheres to all            
 the licensing provisions of volunteer hospice programs.  Mr.                  
 Quarre' recommended that volunteer hospice programs be excluded               
 from SB 96.  The Central Peninsula Hospice has not received any               
 complaints during its 10 years of operation.  If there is a problem           
 with hospices, that could be handled under the current laws and               
 regulations.                                                                  
                                                                               
  SENATOR WARD  asked how long the Central Peninsula Hospice had been          
 in existence and how much of a clientele does it serve.   CHARLES             
 QUARRE'  reiterated that the Central Peninsula Hospice is in its              
 tenth year and it normally serves approximately 20-22 clients per             
 year.  Most of these clients cannot afford any paid hospice.                  
                                                                               
  SENATOR GREEN  inquired as to who requested SB 96.                           
                                                                               
 Number 462                                                                    
                                                                               
  BENJAMIN BROWN , Staff to Senator Kelly, said that this bill was in          
 response to a request from Hospice of Anchorage.  Mr. Brown noted             
 that the concerns of the small volunteer hospices should be                   
 addressed.  Hospice of Anchorage does not intend to make it                   
 difficult to operate a hospice program, particularly volunteer                
 hospice programs.  Mr. Brown informed the committee that 38 states            
 have state licensing laws for hospice programs, of the 12 that do             
 not six of those have pending licensing laws.  Mr. Brown cited the            
 growth in hospice as the main reason for SB 96.  About one of every           
 three persons in the U.S. dying from cancer and AIDS use a hospice            
 program.                                                                      
                                                                               
 Mr. Brown preferred to let those speaking from Hospice of Anchorage           
 discuss the specifics.  The committee packet does include a                   
 sectional analysis.  There is only one section in SB 96 which                 
 creates Chapter 18 in Title 18 of Alaska Statutes.  The three                 
 articles in Chapter 18 regulate hospices under DHSS.  Article 1               
 establishes parameters for licensing hospice programs that are                
 formal businesses.  Article 2 establishes standards for volunteer             
 hospice programs.  Mr. Brown noted that during drafting,                      
 Legislative Legal Services pointed out that much would hinge on the           
 use of "relevance" in Article 2.  It will be left to DHSS to                  
 determine in regulation what the relevant provisions of the code              
 for larger, formally organized hospices would be applied to                   
 volunteer hospices.  This is the concern mentioned by Mr. Quarre'             
 which would need to be addressed in order to define "relevant" so             
 as not to place onerous regulations on the volunteer hospices.                
 Article 3 merely defines terms in the bill and provides penalties             
 for violations of the statutes.                                               
                                                                               
  SENATOR LEMAN  asked if of the 38 states with such legislation, do           
 any have exclusions for volunteer hospices?   BENJAMIN BROWN                  
 specified that SB 96 was drafted from Maine's law which does not              
 specify what is relevant, the Department of Health is left to                 
 determine the regulations.  Mr. Brown stressed that SB 96 does not            
 intend to create difficulties for small, volunteer organizations.             
 The intent is to standardize without regulating with too much                 
 burden as well as having the regulation pay for itself.                       
                                                                               
 Number 522                                                                    
                                                                               
  MIKE SHIFFER , Board Member with Hospice of Anchorage, indicated the         
 need to ensure the quality of hospice care that was being diluted             
 by the definition of what a hospice program is.  Mr. Shiffer                  
 supported SB 96 and did not want to restrict any of the volunteer             
 hospices efforts.  Mr. Shiffer offered to work with the committee             
 and the volunteer hospices on this issue.                                     
                                                                               
  PAULA MCCARRON , Executive Director of Hospice of Anchorage,                 
 informed the committee that she had been working with the program             
 since 1982.  Hospice of Anchorage began as a volunteer program in             
 1980 and is a member of the National Hospice Organization who                 
 establishes what a hospice program should entail.  Ms. McCarron               
 echoed comments regarding the increased profile and use of hospice            
 programs.  The current change in health care increases the need for           
 licensing of hospice programs.  Originally, hospice began as an               
 alternative for persons who wished to die at home.  Currently,                
 people are not afforded the opportunity to remain in a hospital.              
 Furthermore, increased reimbursement for home care services, and a            
 need for people to remain near their home has sometimes made                  
 hospice the program of choice by patients, family and other health            
 care providers.                                                               
                                                                               
 Mr. McCarron expressed concern with the use of the term hospice               
 without regard for the philosophy of the National Hospice                     
 Organization.  SB 96 would preserve and protect the components of             
 the National Hospice Organization while ensuring that those seeking           
 such services would receive at least a minimum level of standards             
 and quality.                                                                  
                                                                               
 Number 563                                                                    
                                                                               
  SHELBERT LARSEN , Administrator of Health Facilities Licensing &             
 Certification for DHSS, stated that he had heard about SB 96 last             
 week and therefore, has not had much time to review.  Mr. Larsen              
 did not oppose the idea of licensing hospice programs, but there              
 are some concerns with SB 96.  If the bill moves forward, the                 
 powers of DHSS should be very clear with regard to licensing, the             
 denial of a license, the suspension of a license, and the                     
 revocation of a license.  Mr. Larsen recommended the deletion of              
 Section 18.18.030.  Medicare only requires on site visits for those           
 facilities at 10-15 percent frequency, therefore many years could             
 pass before any oversight would take place.  Currently, there are             
 no licensed facilities or provider types that are Medicare                    
 certified that have deemed status for licensure.  Mr. Larsen echoed           
 the concerns regarding the need to define "relevant" in Section               
 18.18.040.                                                                    
                                                                               
  TAPE 97-18, SIDE B                                                           
                                                                               
 Mr. Larsen was unsure as to the results of lines 16-18 on page 2.             
 Currently, licensed facilities have the right to throw out the                
 department although such action can effect the licensure status.              
 The meaning of "discrete entity" in subsection (c) under Section              
 18.18.100 is not clear.  Mr. Larsen recommended the deletion of a             
 "discrete entity."  In conclusion, Mr. Larsen noted that he could             
 recommend many other changes and would forward his suggestions to             
 the committee.                                                                
                                                                               
  CHAIRMAN WILKEN  noted that SB 96 would be held in order to receive          
 that information from Mr. Larsen.  He asked if the committee had              
 any questions.                                                                
                                                                               
  SENATOR WARD  requested a copy of the national standards to which            
 have been referred.                                                           
                                                                               
  SENATOR GREEN  asked if this created a need for occupational                 
 licensing.   BENJAMIN BROWN  replied no.  The end of Article 1 says           
 that licensure of a facility or a program does not obviate the need           
 for the individuals part of that program's interdisciplinary team             
 to have the appropriate occupational licenses.  This only creates             
 program licensure of the hospice.                                             
                                                                               
  SENATOR WARD  asked if SB 96 would create a situation in which               
 someone who does not currently have to be licensed would have to              
 become licensed.   BENJAMIN BROWN  explained that would depend upon           
 what provisions in Article 1 were deemed relevant to volunteers.              
 No one would have to obtain additional licenses if DHSS determines            
 that a volunteer program can exist without a doctor, a certified              
 nurse practitioner, or other people with various licenses.  There             
 is nothing explicit in the statute that would require additional              
 licenses for individuals.  Mr. Brown said that the relevant                   
 provisions for volunteer programs and service providers should be             
 determined.  In response to Senator Ward, Mr. Brown said that SB 96           
 does not require additional licenses, but the resulting regulations           
 may if the definition of "relevant" is not clarified.                         
                                                                               
  CHAIRMAN WILKEN  did not see the need for this legislation and               
 indicated that discussion regarding the need would be discussed at            
 the next hearing of SB 96.  This legislation would also require a             
 fiscal note which should be completed before the next hearing of              
 this bill.                                                                    
                                                                               
  BENJAMIN BROWN  noted that during testimony he reviewed Georgia and          
 California's statutes and found no reference to volunteer programs.           
 He did not know how other states deal with volunteer programs, but            
 the intent here is to allow them to function without unnecessary              
 regulation.  Mr. Brown said that would be reviewed.                           
                                                                               
  CHAIRMAN WILKEN  announced that SB 96 would be held pending further          
 information.                                                                  
                                                                               
                                                                               
        SB  71 DRIVERS LICENSES & DRUG & ALCOHOL PROGRAM                      
                                                                              
  CHAIRMAN WILKEN  introduced  SB 71  as the final order of business           
 before the committee.                                                         
                                                                               
  MARGOT KNUTH , Department of Law, said that SB 71 was the Governor's         
 bill in response to his Conference on Youth & Justice.  Ms. Knuth             
 provided the committee with copies of the abridged version.                   
 Alcohol is one of the most significant problems in Alaska and the             
 youth with this problem are the group most worthy of attention.               
 There is a "use it lose it" law in place which takes a minor's                
 drivers license when convicted of any offense related to alcohol              
 whether a possession, consuming, or driving offense.  Before the              
 minor can have his/her drivers license back, an alcohol education             
 program must be completed.  Adults in the same situation are                  
 treated differently.  An adult must first be screened in order to             
 determine if an education program would solve the problem or if               
 treatment is necessary and at what level.  Adults also have                   
 compliance and the recommendations are monitored.  SB 71 will allow           
 DHSS to prepare and be responsible for an alcohol information                 
 course and create the Junior Alcohol Safety Action Program (ASAP).            
 Junior ASAP will first screen the minor in order to determine the             
 appropriate level of education and treatment.  The minor's                    
 compliance will also be monitored.  SB 71 intends to create a                 
 meaningful intervention in the lives of these minors.  The longer             
 the alcohol problem is left unaddressed, the more difficult it will           
 be to have a meaningful turn around.                                          
                                                                               
 Ms. Knuth pointed out that SB 71 costs money.  SB 71 calls for the            
 reinstatement fees for the revocation of a drivers license to be              
 raised from $100 to $250 in order to provide the funding for this             
 service.  Ms. Knuth acknowledged that $250 is quite a bit, but                
 other sources of revenue could not be identified.  Those targeted             
 to pay for this is the group of offenders who have engaged in                 
 illegal behavior which resulted in the revocation of their license.           
                                                                               
                                                                               
  SENATOR WARD  inquired as to the percentage of the driving test that         
 is related to the laws regarding alcohol and driving.   MARGOT KNUTH          
 could not provide that information.                                           
                                                                               
 Number 453                                                                    
                                                                               
  JUANITA HENSLEY , Chief of Drivers Services, explained that all              
 drivers license tests are required to have a section regarding drug           
 and alcohol and driving.  There are several questions of the 20 on            
 the test regarding drunk driving, the penalties and such.  Ms.                
 Hensley did not have the exact percentage.  In response to Senator            
 Ward, Ms. Hensley offered to bring copies of the tests as well as             
 the drivers manual.  The manual contains a chapter regarding                  
 alcohol, the law, etc.  The drivers manual is also on the internet.           
                                                                               
  SENATOR WARD  believed that an educational possibility, highlighting         
 the extreme consequences through the test, had been missed.                   
 Senator Ward commented that conditional licenses could be issued to           
 minors with drug and alcohol.                                                 
                                                                               
  JUANITA HENSLEY  informed the committee that the Driver Improvement          
 Section has tried to talk to minors in the schools regarding the              
 "use it lose it" law and the penalties.  Ms. Hensley pointed out              
 that the Office of Highway Safety Planning developed a brochure               
 discussing the penalties that is available to minors.                         
                                                                               
  SENATOR WARD  stated that it is a privilege to receive a license.            
 Senator Ward expressed the need to ensure that minors understand              
 the consequences of driving under the influence of drugs and                  
 alcohol even if extra burdens must be placed on the minor.  Senator           
 Ward said that it would not cost a great deal more.  The                      
 educational component may be lacking.                                         
                                                                               
 Number 395                                                                    
                                                                               
  CHAIRMAN WILKEN  acknowledged the presence of some young people in           
 the audience.  The following students were present:  Audrey Caulum,           
 Jeff Lund,  Dennis Plantz, and Jessica Gardner.   Chairman Wilken             
 asked if the youths were aware of the "use it lose it" law and if             
 so, how had the youth been introduced to this law.  The youths had            
 learned of the law through the school, the local teen center and              
 talks from the local police.                                                  
                                                                               
  SENATOR WARD  asked the youths if any were introduced to the                 
 consequences of driving under the influence of drugs or alcohol               
 through the licensing procedures.  The youths had read the chapter            
 in the drivers manual and felt the information was adequate, but              
 more information could be present.                                            
                                                                               
  SENATOR LEMAN  asked if the information was effective and would it           
 change behavior.  The youths believed that some would ignore the              
 information and drive without a license.  Senator Leman noted that            
 a constituent had indicated that the "use it lose it" law may be              
 too tough; is the law appropriate?  The youths believed the law to            
 be appropriate, but indicated that the law was not being enforced.            
                                                                               
  SENATOR GREEN  discussed a minor constituent in which she thought            
 she had made arrangements to attend the ASAP, although the letter             
 of transmittal states that there is no program for minors similar             
 to the ASAP.     JUANITA HENSLEY  explained that the minor was referre        
 through one of the licensed alcohol rehabilitation programs for               
 screening and evaluation.  Based on that information, the minor               
 would be referred to the appropriate program.  Currently there are            
 no programs designed for minors which has necessitated this bill.             
 Ms. Hensley informed the committee that she had estimated that                
 there would be 3,500 revocations a year under the "use it lose it"            
 law.  In 1996, almost 4,000 revocations occurred.                             
                                                                               
  SENATOR GREEN  thought a side-by-side comparison regarding what is           
 currently offered and what would be offered under SB 71 would be              
 helpful.  Senator Green was interested in the program that the                
 minors in Mat-Su were attending.                                              
                                                                               
 Number 314                                                                    
                                                                               
  LOREN JONES , Director of the Division of Alcohol & Drug Abuse for           
 DHSS, said that in most areas there are adult ASAP programs which             
 are not age appropriate for those under the age of 18.  All the               
 alcohol information schools are approved through the DMV and the              
 course includes at least four hours of drivers education as part of           
 the eight hour course.  Mr. Jones noted that most of the adult                
 programs attempt to address the needs of minors which does not                
 afford the best opportunity for the minors.  In Mat-Su there is age           
 appropriate intervention and treatment for minors through the                 
 alternative school, the Mat-Su Council, etc.  SB 71 would transfer            
 to the division the approval authority for alcohol information                
 schools in order to create an age appropriate curriculum and then             
 fund local efforts to do assessments and initial screening.  The              
 Community Action Against Substance Abuse Program which was passed             
 six years ago of which Senator Ellis was the sponsor is an                    
 appropriate mechanism to generate local resources and establish               
 standards, quality, and outcomes for the program.                             
                                                                               
 Mr. Jones informed the committee that the youth present were a                
 group reviewing the issues surrounding alcohol and youth access.              
 When Mr. Jones met with the youth, they all knew about the "use it            
 lose it" law, but had concerns.  The youth felt that a minor would            
 lose his/her license, but no further action or education was taken.           
                                                                               
 Number 253                                                                    
                                                                               
  VALERIE THE  RRIEN , Chair of the Legislative Committee for the              
 Advisory Board on Alcohol & Drug Abuse, supported SB 71 in the                
 respect that those minors consuming and other alcohol related                 
 offenses be referred to treatment before the point of revoking the            
 minor's license.  SB 71 is the funding mechanism for JR. ASAP.  Ms.           
 Therrien discussed testimony heard from the participants in the               
 Youth Congress which indicated the easy access minors have to drugs           
 and alcohol.  The Youth Congress participants cited tobacco as the            
 biggest problem for some communities.  In many communities the                
 parents cover up for their children.  Ms. Therrien noted the                  
 enormous availability of drugs in Fairbanks and said that                     
 elementary children were drinking in the sixth grade.  These                  
 elementary children need to be addressed before the point at which            
 their license is revoked.  Ms. Therrien noted that someone at the             
 Youth Congress said that some minors in Ketchikan are arrested for            
 minors consuming alcohol every day and are not referred.                      
                                                                               
 The Youth Congress wants the first time a minor is caught to be the           
 last time.  The fines are too lenient.  The Youth Congress wants              
 stricter laws that are enforced.  Ms. Therrien suggested placing              
 more rookies on the beats to enforce the laws.  Further the                   
 enforcement of the laws should occur, even at the citizen level.              
 Ms. Therrien supported SB 71.  Prevention is the key.                         
                                                                               
 Number 150                                                                    
                                                                               
  DON DAPCEVICH , Executive Director of the Advisory Board on                  
 Alcoholism & Drug Abuse, informed the committee that of the 4,000             
 minors consuming incidents last year, 400 assessments and referrals           
 to treatment were made.  Those 400 were predominately in Juneau and           
 Mat-Su.  Mr. Dapcevich, a former program director in Juneau,                  
 recalled the numerous recurrence of minor consuming incidents which           
 did not result in referral until a later age when the addiction is            
 worse.  Juneau established a JR. ASAP which allowed intervention at           
 an early age.  Mr. Dapcevich encouraged the committee to seriously            
 consider SB 71 due to its ability to offer major change in the                
 delivery of drug and alcohol services in Alaska.                              
                                                                               
  CESAR DIMATTEO , Executive Director of the Alaska Council on                 
 Prevention of Alcohol & Drug Abuse, informed the committee that he            
 was on the Youth & Justice Conference for the Governor, Executive             
 Committee for Prevention, and the Drug & Alcohol Directors                    
 Association.  Mr. DiMatteo supported SB 71.  Mr. DiMatteo agreed              
 with Senator Ward's comments regarding early intervention to avoid            
 later problems.  This discussion is about the different stages of             
 this problem.  First, information is given which Mr. DiMatteo                 
 acknowledged does not necessarily change behavior.  SB 71 offers              
 the next stage of more education.  Mr. DiMatteo agreed with Ms.               
 Therrien that more prevention regarding the consequences is                   
 necessary.  Even still, youth fall between through the system.                
                                                                               
 Under ASAP, the individual's problem is assessed and then referred            
 to the appropriate intervention or treatment.  Then the individual            
 can have a life and stop the cycle.  Currently, an assessment is              
 done, but there is no follow-up or place to refer the minor.                  
                                                                               
  SENATOR WARD  inquired as to the amount of time spent on honoring            
 sobriety in society during the Youth Congress.   CESAR DIMATTEO               
 noted that SB 71 was one of the over 100 recommendations during the           
 Youth & Justice Conference.  Further, the Prevention Group                    
 attempted to recommend a marketing plan submitting the positive               
 aspects of youth to newspapers.  Mr. DiMatteo stressed the need for           
 a constituency for the youth recovering.  Mr. DiMatteo informed the           
 committee that he was a recovering person.                                    
                                                                               
  TAPE 97-19, SIDE A                                                           
                                                                               
  SENATOR WARD  stressed that this includes everyone from youth to             
 seniors.  Senator Ward said that when a solution is highlighted and           
 the people are treated with honor, it grows as is the case in                 
 Anchorage in segments of Mountain View.  Senator Ward did not know            
 if such could even be legislated.                                             
                                                                               
  VALERIE THERRIEN  noted that students were being honored through the         
 Youth Congress which she felt should be done through every                    
 community.                                                                    
                                                                               
  CESAR DIMATTEO  informed the committee that there are prevention and         
 intervention models such as Risk & Resiliency - Protective Factors            
 and Asset Building.  The Search Institute developed Asset Building            
 which determined that if a minor has 25-40 assets, that minor has             
 a minimal ability of participating in drugs and alcohol.  Mr.                 
 DiMatteo emphasized that there are options which are not being                
 used.                                                                         
                                                                               
  VALERIE THERRIEN , a recovering person, noted that many of the               
 minors present for the Youth Congress are either peer helpers or              
 natural helpers who are trained to intervene with other minors.               
 Ms. Therrien reiterated that prevention and education work.                   
                                                                               
 Number 075                                                                    
                                                                               
  CHAIRMAN WILKEN  requested that the public defenders fiscal note             
 needed to be developed further.  Chairman Wilken referred to                  
 paragraph nine of the DHSS fiscal note when requesting that DHSS              
 specify what the $500,000 would accomplish with examples.  Further,           
 the numbers on the fiscal note from the Department of Public Safety           
 is remarkable.  Chairman Wilken directed the committee to paragraph           
 four of the DHSS fiscal note which says that the numbers of second            
 and third time offenders is about equal to the numbers of first               
 time offenders which indicates that something is broken.  Chairman            
 Wilken announced that SB 71 would be held.                                    
                                                                               
  REX CARVER , Chaperon of the Youth Congress, introduced the other            
 chaperon Denise Weyhmiller.  Mr. Carver works at the Sitka Teen               
 Resource Center which provides alcohol information schools.  Ms.              
 Martinson coordinated the Youth Conference where youth will learn             
 more about drug and alcohol issues and how students can impact                
 these issues.  Mr. Carver, through his work, felt that giving                 
 communities the endorsement for early intervention is crucial and             
 beneficial.  Mr. Carver believed that law enforcement could improve           
 if avenues were in place to send minors.                                      
                                                                               
  CHAIRMAN WILKEN  thanked everyone for participating.  Chairman               
 Wilken announced that the foundation formula subcommittee would be            
 meeting soon.  There being no further business before the                     
 committee, the meeting was adjourned at 10:50 a.m.                            
                                                                               

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