Legislature(2005 - 2006)BUTROVICH 205

04/23/2005 04:00 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Rescheduled from 04/22/05 --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 74 CRIMES INVOLVING MARIJUANA/OTHER DRUGS TELECONFERENCED
Heard & Held
+= SB 125 LICENSING MEDICAL OR CARE FACILITIES TELECONFERENCED
Heard & Held
+= HB 85 PRESCRIBED MEDICATION FOR STUDENTS TELECONFERENCED
Moved SCS CSHB 85(JUD) Out of Committee
+= HB 88 CRIM LAW:MINORS, SCHOOLS, DRUGS,SENTENCES TELECONFERENCED
Moved SCS CSHB 88(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 23, 2005                                                                                         
                           4:06 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Ralph Seekins, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Gene Therriault                                                                                                         
Senator Hollis French                                                                                                           
Senator Gretchen Guess                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 88(RLS)                                                                                                   
"An Act  relating to certain  weapons offenses  involving minors;                                                               
relating to  the definition of  'recreation or youth  center' for                                                               
purposes  of  misconduct  involving a  controlled  substance;  to                                                               
aggravating factors in sentencing  for certain offenses committed                                                               
on school grounds, on a  school bus, at a school-sponsored event,                                                               
or in administrative offices of  a school district; to mitigating                                                               
factors   in  sentencing   for   a   defendant's  assistance   to                                                               
authorities to detect, apprehend,  or prosecute other persons who                                                               
committed an offense; and providing for an effective date."                                                                     
                                                                                                                                
     MOVED SCS CSHB 88(JUD) OUT OF COMMITTEE                                                                                    
                                                                                                                                
CS FOR HOUSE BILL NO. 85(JUD)                                                                                                   
"An  Act relating  to  self-administration  and documentation  of                                                               
certain  types  of medication  prescribed  to  a child  attending                                                               
school."                                                                                                                        
                                                                                                                                
     MOVED SCS CSHB 85(JUD) OUT OF COMMITTEE                                                                                    
                                                                                                                                
SENATE BILL NO. 125                                                                                                             
"An Act  relating to the licensing,  regulation, enforcement, and                                                               
appeal  rights of  ambulatory surgical  centers, assisted  living                                                               
homes, child  care facilities,  child placement  agencies, foster                                                               
homes,  free-standing   birth  centers,  home   health  agencies,                                                               
hospices  or  agencies  providing  hospice  services,  hospitals,                                                               
intermediate   care  facilities   for   the  mentally   retarded,                                                               
maternity  homes,  nursing  facilities,  residential  child  care                                                               
facilities, residential psychiatric  treatment centers, and rural                                                               
health clinics; relating to criminal  history requirements, and a                                                               
registry, regarding certain  licenses, certifications, approvals,                                                               
and  authorizations  by  the  Department  of  Health  and  Social                                                               
Services;  making conforming  amendments;  and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 74                                                                                                              
"An   Act  making   findings  relating   to  marijuana   use  and                                                               
possession;  relating to  marijuana  and  misconduct involving  a                                                               
controlled substance; and providing an effective date."                                                                         
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 88                                                                                                                   
SHORT TITLE: CRIM LAW: MINORS, SCHOOLS, DRUGS,SENTENCES                                                                         
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/19/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        

01/19/05 (H) JUD, FIN

01/26/05 (H) JUD AT 1:00 PM CAPITOL 120

01/26/05 (H) -- Meeting Canceled -- 02/02/05 (H) JUD AT 1:00 PM CAPITOL 120 02/02/05 (H) <Bill Hearing Postponed to Fri. 2/4/05> 02/04/05 (H) JUD AT 1:00 PM CAPITOL 120 02/04/05 (H) -- Rescheduled from Wed. 2/2/05 -- 02/07/05 (H) JUD AT 1:00 PM CAPITOL 120 02/07/05 (H) Heard & Held 02/07/05 (H) MINUTE(JUD) 02/16/05 (H) JUD AT 1:00 PM CAPITOL 120 02/16/05 (H) Moved CSHB 88(JUD) Out of Committee 02/16/05 (H) MINUTE(JUD) 02/18/05 (H) JUD RPT CS(JUD) NT 1DP 6NR 02/18/05 (H) DP: GRUENBERG; 02/18/05 (H) NR: ANDERSON, KOTT, COGHILL, DAHLSTROM, GARA, MCGUIRE 03/16/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519 03/16/05 (H) Bill Postponed To 3/17/05 03/17/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519 03/17/05 (H) Heard & Held 03/17/05 (H) MINUTE(FIN) 03/21/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519 03/21/05 (H) Moved CSHB 88(FIN) Out of Committee 03/21/05 (H) MINUTE(FIN) 03/22/05 (H) FIN RPT CS(FIN) NT 8NR 03/22/05 (H) NR: HAWKER, WEYHRAUCH, JOULE, MOSES, HOLM, KELLY, CROFT, STOLTZE 03/31/05 (H) RLS AT 9:00 AM FAHRENKAMP 203 03/31/05 (H) Moved CSHB 88(RLS) Out of Committee 03/31/05 (H) MINUTE(RLS) 04/01/05 (H) RLS RPT CS(RLS) NT 5DP 1NR 04/01/05 (H) DP: HARRIS, COGHILL, MCGUIRE, KOHRING, ROKEBERG; 04/01/05 (H) NR: BERKOWITZ 04/01/05 (H) RETURNED TO RLS COMMITTEE 04/08/05 (H) TRANSMITTED TO (S) 04/08/05 (H) VERSION: CSHB 88(RLS) 04/11/05 (S) READ THE FIRST TIME - REFERRALS 04/11/05 (S) JUD, FIN 04/22/05 (S) JUD AT 8:30 AM BUTROVICH 205 04/22/05 (S) Heard & Held 04/22/05 (S) MINUTE(JUD) 04/23/05 (S) JUD AT 4:00 PM BUTROVICH 205 BILL: HB 85 SHORT TITLE: PRESCRIBED MEDICATION FOR STUDENTS SPONSOR(s): REPRESENTATIVE(s) MEYER

01/19/05 (H) READ THE FIRST TIME - REFERRALS

01/19/05 (H) HES, JUD 02/15/05 (H) HES AT 3:00 PM CAPITOL 106 02/15/05 (H) Moved CSHB 85(HES) Out of Committee 02/15/05 (H) MINUTE(HES) 02/18/05 (H) HES RPT CS(HES) 6DP 02/18/05 (H) DP: CISSNA, GARDNER, ANDERSON, MCGUIRE, SEATON, WILSON 02/18/05 (H) FIN REFERRAL ADDED AFTER JUD 03/07/05 (H) JUD AT 1:00 PM CAPITOL 120 03/07/05 (H) Moved CSHB 85(JUD) Out of Committee 03/07/05 (H) MINUTE(JUD) 03/09/05 (H) JUD RPT CS(JUD) 5DP 03/09/05 (H) DP: GRUENBERG, DAHLSTROM, COGHILL, GARA, MCGUIRE 03/09/05 (H) FIN REFERRAL WAIVED 03/15/05 (H) TRANSMITTED TO (S) 03/15/05 (H) VERSION: CSHB 85(JUD) 03/16/05 (S) READ THE FIRST TIME - REFERRALS 03/16/05 (S) HES, JUD 04/04/05 (S) HES AT 1:30 PM BUTROVICH 205 04/04/05 (S) Moved CSHB 85(JUD) Out of Committee 04/04/05 (S) MINUTE(HES) 04/05/05 (S) HES RPT 4DP 1NR 04/05/05 (S) DP: DYSON, GREEN, WILKEN, OLSON 04/05/05 (S) NR: ELTON 04/22/05 (S) JUD AT 8:30 AM BUTROVICH 205 04/22/05 (S) Heard & Held 04/22/05 (S) MINUTE(JUD) 04/23/05 (S) JUD AT 4:00 PM BUTROVICH 205 BILL: SB 125 SHORT TITLE: LICENSING MEDICAL OR CARE FACILITIES SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR 03/02/05 (S) READ THE FIRST TIME - REFERRALS 03/02/05 (S) HES, JUD, FIN 03/14/05 (S) HES AT 1:30 PM BUTROVICH 205 03/14/05 (S) Heard & Held 03/14/05 (S) MINUTE(HES) 04/06/05 (S) HES AT 1:30 PM BUTROVICH 205 04/06/05 (S) Heard & Held 04/06/05 (S) MINUTE(HES) 04/13/05 (S) HES AT 2:00 PM BUTROVICH 205 04/13/05 (S) Moved CSSB 125(HES) Out of Committee 04/13/05 (S) MINUTE(HES) 04/14/05 (S) HES RPT CS 3DP 2NR NEW TITLE 04/14/05 (S) DP: DYSON, WILKEN, GREEN 04/14/05 (S) NR: ELTON, OLSON 04/20/05 (S) JUD AT 8:30 AM BUTROVICH 205 04/20/05 (S) Heard & Held 04/20/05 (S) MINUTE(JUD) 04/23/05 (S) JUD AT 4:00 PM BUTROVICH 205 BILL: SB 74 SHORT TITLE: CRIMES INVOLVING MARIJUANA/OTHER DRUGS SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR

01/21/05 (S) READ THE FIRST TIME - REFERRALS

01/21/05 (S) HES, JUD, FIN 03/21/05 (S) HES AT 1:30 PM BUTROVICH 205 03/21/05 (S) Heard & Held 03/21/05 (S) MINUTE(HES) 03/23/05 (S) HES AT 1:30 PM BUTROVICH 205 03/23/05 (S) Heard & Held 03/23/05 (S) MINUTE(HES) 04/01/05 (S) HES AT 1:30 PM BUTROVICH 205 04/01/05 (S) Moved SB 74 Out of Committee 04/01/05 (S) MINUTE(HES) 04/04/05 (S) HES RPT 2DP 1DNP 1NR 04/04/05 (S) DP: DYSON, WILKEN 04/04/05 (S) DNP: ELTON 04/04/05 (S) NR: OLSON 04/11/05 (S) JUD AT 8:00 AM BUTROVICH 205 04/11/05 (S) Heard & Held 04/11/05 (S) MINUTE(JUD) 04/19/05 (S) JUD AT 8:30 AM BUTROVICH 205 04/19/05 (S) Scheduled But Not Heard 04/20/05 (S) JUD AT 8:30 AM BUTROVICH 205 04/20/05 (S) Heard & Held 04/20/05 (S) MINUTE(JUD) 04/23/05 (S) JUD AT 4:00 PM BUTROVICH 205 WITNESS REGISTER Mr. Dean Guaneli Department of Law PO Box 110300 Juneau, AK 99811-0300 POSITION STATEMENT: Commented on SB 74 Ms. Stacey Kraly, Senior Assistant Attorney General Department of Law PO Box 110300 Juneau, AK 99811-0300 POSITION STATEMENT: Commented on SB 125 Dr. Richard Mandsager Department of Health & Social Services PO Box 110601 Juneau, AK 99801-0601 POSITION STATEMENT: Commented on SB 125 Mr. Michael Pawlowski Staff to Representative Meyer Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Commented on SB 85 ACTION NARRATIVE CHAIR RALPH SEEKINS called the Senate Judiciary Standing Committee meeting to order at 4:06:41 PM. Present were Senators Hollis French, Charlie Huggins, Gretchen Guess and Chair Ralph Seekins. CSHB 88(RLS)-CRIM LAW: MINORS, SCHOOLS, DRUGS, SENTENCES 4:06:41 PM CHAIR RALPH SEEKINS announced HB 88 to be up for consideration. CHAIR SEEKINS moved SCS CSHB 88 Version \S as the working document. Hearing no objections, the motion carried. 4:10:19 PM CHAIR SEEKINS announced SCS CSHB 88 open for committee discussion. SENATOR GRETCHEN GUESS reminded Chair Seekins that Senator Therriault had concerns over Section 1. CHAIR SEEKINS recalled the concern was over licensing. Senator Gene Therriault joined the committee. SENATOR THERRIAULT said limiting where the entities were licensed satisfied his concern. SENATOR CHARLIE HUGGINS moved SCS CSHB 88(JUD) from committee with individual recommendations and attached fiscal note(s). There being no objection, the motion carried. CHAIR SEEKINS announced a brief recess at 4:11:59 PM. CSHB 85(JUD)-PRESCRIBED MEDICATION FOR STUDENTS 4:13:12 PM CHAIR RALPH SEEKINS announced HB 85 to be up for consideration and then he moved SCS CSHB 85 Version \I to be the working document. Hearing no objections, the motion carried. 4:14:18 PM MR. MICHAEL PAWLOWSKI, staff to Representative Meyer offered to answer questions. The Senate Standing Judiciary Committee reviewed the committee substitute (CS). 4:15:40 PM SENATOR HOLLIS FRENCH moved Amendment 1, which would take the words, "for the pupil" from line 11 and insert them after the word, "plan" on line 10. Hearing no objection, the motion carried. CHAIR SEEKINS asked whether the sponsor had a chance to review the CS. MR. PAWLOWSKI answered yes and informed the committee legislative legal kept the word "public" in reference to schools. A title change was not needed. SENATOR THERRIAULT reminded the committee the change "to carry and to store" was not in the CS as previously discussed. MR. PAWLOWSKI advised it was his error not to include that change. SENATOR THERRIAULT moved Amendment 2. Hearing no objection, the motion carried. SENATOR HUGGINS moved SCS CSHB 85(JUD) from committee with individual recommendations and attached fiscal note(s). There being no objection, the motion carried. 4:20:02 PM SB 74-CRIMES INVOLVING MARIJUANA/OTHER DRUGS 4:21:27 PM CHAIR RALPH SEEKINS announced SB 74 to be up for consideration. MR. DEAN GUANELI, chief assistant attorney general, Department of Law (DOL) advised the committee the DOL submitted revised findings, which may not have been adopted. CHAIR SEEKINS advised him the findings were under consideration. MR. GUANELI summarized the findings, which were revised to more accurately reflect the evidence presented. There are a total of nine findings. The lead-in finding says based on the type of marijuana today and its effect on young people, Alaska Natives and those undergoing alcohol treatment, there is a threat posed to the public health and welfare, which justifies its prohibition. The Legislature has a duty to promote the public health and welfare set out in Article 7 Section 4 of the state constitution. The next finding reflects the fact that marijuana has changed. The potency is much higher and the price is much higher. The increase in potency has added to the cost of treatment for young people. 4:23:45 PM MR. GUANELI stated several hundred Alaskans each year are seeking treatment for marijuana abuse. The third finding talks about the potential for dependency. 4:26:28 PM The fourth finding talks about early exposure to a young person, which increases the likelihood they will go on to more potent illegal drugs. The fifth finding refers to the high percentage of people in treatment. The sixth finding talks about the physical dangers of marijuana. 4:28:39 PM The seventh finding talks about the high percentage of people arrested who have marijuana in their system. The eighth finding talks about how children of parents who use marijuana are five times more likely to become marijuana users. 4:31:19 PM The ninth finding talks about the two court of appeals cases that have happened in the past two years. 4:32:17 PM SENATOR THERRIAULT asked the amount of marijuana cigarettes in four ounces. MR. GUANELI answered one cigarette is equal to one-quarter gram and so there are 400 cigarettes in four ounces of marijuana. Because the potency degrades over time, one would have to either use a lot of it quickly or give it away or sell it. 4:33:20 PM SENATOR THERRIAULT moved the findings be amended to CSSB 74. Hearing no objections, Amendment 1 passed. SENATOR FRENCH moved Amendment 2 as a committee substitute (CS). A M E N D M E N T 2 24-GS1054\G Luckhaupt CS FOR SENATE BILL NO. 74( ) IN THE LEGISLATURE OF THE STATE OF ALASKA TWENTY-FOURTH LEGISLATURE - FIRST SESSION BY Offered: Referred: Sponsor(s): SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR A BILL FOR AN ACT ENTITLED "An Act relating to marijuana and misconduct involving a controlled substance; and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. AS 11.71.040(a) is amended to read: (a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the fourth degree if the person (1) manufactures or delivers any amount of a schedule IVA or VA controlled substance or possesses any amount of a schedule IVA or VA controlled substance with intent to manufacture or deliver; (2) manufactures or delivers, or possesses with the intent to manufacture or deliver, one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more containing a schedule VIA controlled substance; (3) possesses (A) any amount of a schedule IA or IIA controlled substance; (B) 25 or more tablets, ampules, or syrettes containing a schedule IIIA or IVA controlled substance; (C) one or more preparations, compounds, mixtures, or substances of an aggregate weight of three grams or more containing a schedule IIIA or IVA controlled substance; (D) 50 or more tablets, ampules, or syrettes containing a schedule VA controlled substance; (E) one or more preparations, compounds, mixtures, or substances of an aggregate weight of six grams or more containing a schedule VA controlled substance; (F) one or more preparations, compounds, mixtures, or substances of an aggregate weight of four ounces [ONE POUND] or more containing a schedule VIA controlled substance; or (G) 25 or more plants of the genus cannabis; (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance (A) with reckless disregard that the possession occurs (i) on or within 500 feet of school grounds; or (ii) at or within 500 feet of a recreation or youth center; or (B) on a school bus; (5) knowingly keeps or maintains any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for keeping or distributing controlled substances in violation of a felony offense under this chapter or AS 17.30; (6) makes, delivers, or possesses a punch, die, plate, stone, or other thing that [WHICH] prints, imprints, or reproduces a trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of these upon a drug, drug container, or labeling so as to render the drug a counterfeit substance; (7) knowingly uses in the course of the manufacture or distribution of a controlled substance a registration number that is fictitious, revoked, suspended, or issued to another person; (8) knowingly furnishes false or fraudulent information in or omits material information from any application, report, record, or other document required to be kept or filed under AS 17.30; (9) obtains possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge; or (10) affixes a false or forged label to a package or other container containing any controlled substance. * Sec. 2. AS 11.71.050(a) is amended to read: (a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the fifth degree if the person (1) manufactures or delivers, or possesses with the intent to manufacture or deliver, one or more preparations, compounds, mixtures, or substances of an aggregate weight of one-half ounce or more containing a schedule VIA controlled substance; (2) manufactures or delivers, or possesses with the intent to manufacture or deliver, one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than one-half ounce containing a schedule VIA controlled substance, for remuneration; (3) possesses (A) less than 25 tablets, ampules, or syrettes containing a schedule IIIA or IVA controlled substance; (B) one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than three grams containing a schedule IIIA or IVA controlled substance; (C) less than 50 tablets, ampules, or syrettes containing a schedule VA controlled substance; (D) one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than six grams containing a schedule VA controlled substance; or (E) one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce [ONE-HALF POUND] or more containing a schedule VIA controlled substance; or (4) fails to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under AS 17.30. * Sec. 3. AS 11.71.060(a) is amended to read: (a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the sixth degree if the person (1) uses or displays any amount of a schedule VIA controlled substance; (2) [OR] possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than one ounce [ONE-HALF POUND] containing a schedule VIA controlled substance; or (3) [(2)] refuses entry into a premise for an inspection authorized under AS 17.30. * Sec. 4. This Act takes effect immediately under AS 01.10.070(c). CHAIR SEEKINS objected. SENATOR FRENCH advised his CS takes three of the provisions supplied by the DOL and makes a separate bill out of them. The provisions relate to the C felony, the A misdemeanor and the B misdemeanor levels of the crime. The proposed CS reduces the amount of the C felony down from one pound to four ounces, reduces the A misdemeanor to under four ounces, and the B misdemeanor down to one ounce. Previous expert testimony suggested that since the potency has elevated, people are smoking less. He expressed doubt as to whether the war on drugs is headed in the right direction. 4:37:13 PM SENATOR FRENCH read from the 1994 La Guardia Commission Report that concluded there is no direct relationship between the commission of crimes of violence and marijuana. A 1969 report indicated there was no direct relation between smoking cannabis and serious physical danger. A 1970 Canadian report found physical dependence on marijuana has not been proven and that no physiological affects have been shown to occur even to regular users. 4:39:34 PM A 1997 commission from the Australian government concluded the toxicity of marijuana is low compared to any other drug and there are no major health effects shown to manifest from it's use. 4:40:43 PM The American Enterprise Institute, a very conservative think tank, published a report on March 26, 2005 that says despite billions of tax dollars spent combating the war on drugs, the United States still have the worst drug problem among western nations. They concluded criminal prosecution of marijuana does not appear to be justified. Just focusing on possession in Alaska, there were 1500 arrests in 2003, which led to 500 convictions. Of the 500 convictions, 80 percent were dismissed. It seems to be a waste of resources. 4:45:21 PM SENATOR FRENCH asserted his proposed CS puts the level where it belongs in light of modern evidence concerning marijuana. SENATOR HUGGINS asked Senator French if he supported overturning Ravin. SENATOR FRENCH answered he is agnostic on that point. The government isn't interested in prosecuting people for simple possession. The basis of SB 74 could overturn Ravin. 4:46:55 PM MR. GUANELI pointed out most simple possession cases are almost always those of using marijuana while driving. 4:50:19 PM MR. GUANELI disagreed with Senator French's amendment and stated it does not address the situation where young people are selling to other young people. By making that a felony offense sends a message loud and clear. 4:53:10 PM SENATOR FRENCH pointed out it is currently a crime to sell marijuana to anyone. 4:56:59 PM CHAIR SEEKINS announced he would allow the committee members time to consider Senator French's CS. The committee would take up SB 74 at a later date. SB 125-LICENSING MEDICAL OR CARE FACILITIES 5:01:14 PM CHAIR RALPH SEEKINS announced SB 125 to be up for consideration. SENATOR GRETCHEN GUESS moved Version \Y as the working document. Hearing no objection, the motion carried. 5:02:07 PM DR. RICHARD MANDSAGER, director, Division of Public Health (DPH), summarized the changes of SB 125: Adds DHSS as the administrative hearing entity for hearings related to centralized registry. Adds "volunteers" as an entry type of the registry. Adds "decisions" to the types of findings that can result in an entry in the registry. Adds "medical assistance fraud" as a condition for entry on the registry. Adds new subsections to require reporting to the department of any allegations of neglect, abuse or exploitation in the last ten years, or any court findings of these conditions. Defines the central registry as a confidential document with limited access. Adds immunity protections for people who report abuse, neglect of exploitation. Clarifies individuals associated with the term "entities". 5:06:43 PM DR. MANDSAGER concluded SB 125 makes sure anything pertaining to licensure is enforced. 5:09:34 PM MS. STACEY KRALY, senior assistant attorney, Department of Law (DOL), advised the committee the DOL inadvertently left off an amendment and asked to include it. The amendment would be to insert on Page 34, line 2, the phrase "personal assistance" and then to renumber the section. Chair Seekins announced a brief recess at 5:13:12 PM. Chair Seekins reconvened the meeting at 5:16:45 PM. 5:16:45 PM CHAIR SEEKINS announced he would give the DOL time to incorporate the missing amendment into a final version and the committee would hear SB 125 at a later date. 5:19:27 PM There being no further business to come before the committee, he adjourned the meeting at 5:19:35 PM.

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