Legislature(1993 - 1994)
01/19/1994 01:34 PM Senate HES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE
January 19, 1994
1:34 p.m.
MEMBERS PRESENT
Senator Steve Rieger, Chairman
Senator Bert Sharp, Vice-Chairman
Senator Loren Leman
Senator Mike Miller
Senator Jim Duncan
Senator Johnny Ellis
Senator Judy Salo
MEMBERS ABSENT
NONE
COMMITTEE CALENDAR
SENATE BILL NO. 221
"An Act relating to arrest of a person for illegal possession,
consumption, or control of alcohol; and providing for an effective
date."
HOUSE BILL NO. 122
"An Act eliminating a requirement that a court consider the
findings and recommendations of a neutral mediator when awarding
shared child custody."
CS FOR HOUSE BILL NO. 214(JUD)
"An Act allowing the parent or legal guardian of a minor to
disclose information about the minor to certain state officials and
state employees; prohibiting further disclosure of the information
to unauthorized persons; amending Alaska Child in Need of Aid Rule
22; and providing for an effective date."
CS FOR HOUSE JOINT RESOLUTION NO. 36(HES)
Urging the federal Department of Health and Human Services to
repeal the "100-hour rule" relating to employment of certain
persons receiving AFDC and to replace it with a regulation that
will serve as an incentive for AFDC recipients to accept employment
of more than 100 hours a month.
PREVIOUS SENATE COMMITTEE ACTION
SB 221 - No previous action to record.
HB 122 - No previous action to record.
HB 214 - No previous action to record.
HJR 36 - No previous action to record.
WITNESS REGISTER
Joe Ambrose
Staff to Senator Taylor
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Reviewed SB 221.
Dan Anslinger
Ketchikan Police Department
361 Main Street
Ketchikan, Alaska 99901
POSITION STATEMENT: Supported SB 221.
Juanita Hensley
Chief, Driver Services
Division of Motor Vehicles
Department of Public Safety
P.O. Box 20020
Juneau, Alaska 99802-0020
POSITION STATEMENT: Offered information.
Sergeant Randy Crawford
Division of Alaska State Troopers
Department of Public Safety
5700 E. Tudor Road
Anchorage, Alaska 99507-1225
POSITION STATEMENT: Supported SB 221.
Jeanneane Henry
3812 Baranof
Ketchikan, Alaska 99901
POSITION STATEMENT: Supported SB 221.
Duncan Fowler
State Ombudsman
Box 113000
Juneau, Alaska 99811-3000
POSITION STATEMENT: Supported HB 214.
Kathy Tibbles
Division of Family and Youth Services
Box 110630
Juneau, Alaska 99811-0630
POSITION STATEMENT: Supported HB 214.
Chris Christensen
Staff Counsel
Alaska Court System
303 K Street
Anchorage, Alaska 99501-2084
POSITION STATEMENT: Reviewed HB 122.
Elmer Lindstrom
Special Assistant
Department of Health and Social Services
Juneau, Alaska
POSITION STATEMENT: Supported HJR 36.
Representative Tom Brice
Prime Sponsor of HJR 36
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Supported HJR 36.
ACTION NARRATIVE
TAPE 94-1, SIDE A
Number 001
CHAIRMAN RIEGER called the Senate Health, Education and Social
Services (HESS) Committee to order at 1:34 p.m.
CHAIRMAN RIEGER introduced SB 221 (ARREST OF MINORS FOR CONSUMING
ALCOHOL) as the first order of business.
Number 020
JOE AMBROSE, staff to Senator Taylor, gave an overview of the
history of SB 221. He stated that the bill is more about
protecting minors rather than prosecuting them. SB 221 as drafted
amends the list of crimes for which police can make warrantless
arrests to include minors consuming.
CHAIRMAN RIEGER asked what was the difference between a warrantless
and a non-warrantless arrest. Mr. Ambrose said that SB 221 allows
for immediate arrest, a non-warrantless arrest.
Number 088
DAN ANSLINGER, Chief of the Ketchikan Police Department testifying
from Ketchikan, cited statistics on juvenile alcohol consumption.
He described the present procedures followed by the Ketchikan
Police Department. SB 221 will provide consistent treatment
throughout the state. In general, the standard for arrest without
a warrant is based on probable cause. He supported SB 221.
JUANITA HENSLEY, Department of Public Safety, was present to answer
questions.
Number 165
SENATOR SALO asked what is a citation versus taking a minor into
custody. She also asked what is the standard procedure when a
minor is taken into custody for consuming.
SERGEANT RANDY CRAWFORD, Division of State Troopers, Department of
Public Safety testifying from Anchorage, said that a citation is a
uniform summons for a judicial appearance. Sergeant Crawford cited
that a citation is most typically given in a drinking episode that
has not gotten out of control or does not result in criminal
activity. He stated the Anchorage Department's support of SB 221.
Number 215
SENATOR ELLIS asked what is the existing law and current practice
when dealing with an illegal drug other than alcohol. Public
Safety stated that when minors are under the influence they are
basically treated the same. Senator Ellis requested the presence
of the Department of Law to discuss the Superior Court decisions.
Number 263
JEANNEANE HENRY,a twenty year Alaskan resident testifying from
Ketchikan, noted that in the summer, 98 percent of Ketchikan youth
consume alcohol. She said that the current law is enabling youths
to consume alcohol. She supported SB 221.
CHAIRMAN RIEGER moved SB 221 to the bottom of the calendar.
Number 290
CHAIRMAN RIEGER brought HB 214 (DISCLOSURE OF MINOR'S RECORDS BY
PARENT) before the committee.
Number 303
DUNCAN FOWLER, State Ombudsman, supported HB 214. He indicated
that HB 214 is a common sense bill.
SENATOR ELLIS asked if HB 214 would create any complications with
the duties of the Division of Family and Youth Services (DFYS) and
what is standard in other states.
KATHY TIBBLES, Social Service Program Officer for DFYS, said that
HB 214 would have no impact on DFYS duties; furthermore, HB 214
would not jeopardize federal funding. She stated support for HB
214.
SENATOR MILLER moved that CSHB 214 (JUD) be moved out of Senate
HESS committee with individual recommendations. Hearing no
objections it was so ordered.
Number 360
CHAIRMAN RIEGER brought HB 122 (CHILD CUSTODY PROCEDURES) before
the committee.
CHRIS CHRISTENSEN, General Counsel to the Judicial Branch, informed
the committee that HB 122 is a non-controversial, technical change.
HB 122 deletes from the statute the requirement that the findings
and recommendations of a neutral mediator be considered by a court.
CHAIRMAN RIEGER asked if the court is allowed to receive input from
an arbitrator although it's not specifically referenced in statute.
Mr. Christensen said that he did not believe the current
arbitration statutes were applicable to family law area.
SENATOR SALO questioned if the remaining list is adequate without
misreading of the mediator as an arbitrator. Mr. Christensen
pointed out that according to statute, the judge is to base
decisions of custody on the best interest of the child. Many
factors are taken into consideration when determining the best
interest of the child.
SENATOR ELLIS asked if the Alaska Family Support Group, MADD, or
DADD have a position on HB 122. Mr. Christensen implied that they
had no opposition due to no complaints from these groups.
SENATOR MILLER moved that HB 122 be moved out of Senate HESS
committee with individual recommendations. Hearing no objections,
it was so ordered.
Number 420
CHAIRMAN RIEGER introduced HJR 36 (REPEAL OF 100-HOUR RULE FOR AFDC DC
PROGRAMS) as the next order of business before the committee.
ELMER LINDSTROM, Special Assistant in the Department of Health and
Social Services (DHSS), stated that the department, specifically
the Division of Public Assistance, supports HJR 36 in its current
form. He noted that HJR 36 is consistent with other activities
that DHSS and the Governor have undertaken in support of
eliminating the 100-Hour Rule.
REPRESENTATIVE BRICE, the primary sponsor, cited welfare reform as
a savings of state money. He expressed the need to find ways to
humanely transfer people off AFDC to become self-sufficient. In
answer to Senator Leman, Representative Brice clarified that
"remaining eligible" means remaining eligible for benefits for
participation at the appropriate level.
Number 466
SENATOR LEMAN referred to page 2 line 10 of the bill when asking if
the program has an offsetting scale which would partially decrease
the welfare benefit if the recipient is working a certain number of
hours.
ELMER LINDSTROM explained that this is a problem only for AFDC when
both parents in the family are present, the AFDC Unemployed Parent
portion. The one parent family situation is not covered in this
bill. Currently, if one works more than 100 hours they receive no
AFDC support. Elimination of the 100-Hour Program would allow
people to take a lower paying job with the expectation of moving
off welfare eventually while maintaining a reduced level of AFDC
support. He said this could result in savings for the program.
Mr. Lindstrom, in response to Senator Sharp, stated that AFDC is an
income-needs based program, therefore assistance is dependent upon
income and other resources of the recipient.
SENATOR ELLIS referred to the welfare reform of three years ago;
the federal law did not allow a one for one scheme working the
person off public assistance. A one for one scheme reduces public
assistance according to earnings, dollar for dollar. He cited the
prohibition of persons with accumulated resources from public
assistance as another disincentive of getting off welfare. He
emphasized that the greatest disincentive of getting off welfare is
the lack of health insurance in entry level jobs.
Number 530
SENATOR MILLER moved that CSHJR 36 (HESS) be moved out of the
Senate HESS committee with individual recommendations. Hearing no
objections, it was so ordered.
CHAIRMAN RIEGER held SB 221 until the Monday meeting when the
Department of Law should be present.
Number 540
There being no further business to come before the committee,
Chairman Rieger adjourned the Senate HESS committee at 2:15 p.m.
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