Legislature(1999 - 2000)
04/15/1999 03:32 PM Senate STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE STATE AFFAIRS COMMITTEE
April 15, 1999
3:32 p.m.
MEMBERS PRESENT
Senator Jerry Ward, Chairman
Senator Lyda Green
Senator Gary Wilken
Senator Randy Phillips
Senator Kim Elton
MEMBERS ABSENT
None
COMMITTEE CALENDAR
SENATE BILL NO. 119
"An Act relating to absences from the state while serving on
oceangoing vessels of the United States merchant marine for
purposes of eligibility for permanent fund dividends; and providing
for an effective date."
-HEARD AND HELD
REVIEW OF ALASKA PIONEERS' HOMES
PREVIOUS SENATE COMMITTEE ACTION
SB 119 - No previous Senate action.
WITNESS REGISTER
Harold Holten
Seafarers International Union
PO Box 192
Ketchikan, AK 99901
POSITION STATEMENT: Supports SB 119
Mark Hodgins, Legislative Aide
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented SB 119
Jay Tucker
3513 Creekside #2
Anchorage, AK 99504
POSITION STATEMENT: Supports SB 119
Eden Latta
6704 Lunar Dr
Anchorage, AK 99504
POSITION STATEMENT: Supports SB 119
Rocky Latta
6704 Lunar Dr
Anchorage, AK 99504
POSITION STATEMENT: Supports SB 119
Mark Tabbott
2511 Tidewater
Anchorage, AK 99515
POSITION STATEMENT: Supports SB 119
Paul Fuhs
Sea-Land Services, Inc.
10652 Porter Lane
Juneau, AK 99801
POSITION STATEMENT: Supports SB 119
Edward Burke, Legislative Aide
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Answered question regarding an amendment to SB
119
Commissioner-Designee Robert Poe
PO Box 110200
Juneau, AK 99811-0200
POSITION STATEMENT: Discussed Alaska Pioneers' Homes
Mr. Jim Kohn, Director
Division of Alaska Longevity Programs
Department of Administration
PO Box 110211
Juneau, AK 99811-0211
POSITION STATEMENT: Discussed Alaska Pioneers' Homes
Mr. Dwight Becker, Program Coordinator
Division of Senior Services
Department of Administration
3601 C St., Ste. 310
Anchorage, AK 99503-5984
POSITION STATEMENT: Discussed Alaska Pioneers' Homes
ACTION NARRATIVE
TAPE 99-10, SIDE A
Number 001
CHAIRMAN WARD called the Senate State Affairs Committee to order at
3:32 p.m. All members were present. The first order of business
to come before the committee was SB 119.
SB 119-PFD ALLOWABLE ABSENCES
CHAIRMAN WARD informed committee members a companion bill to SB 119
was introduced in the House by Representative Jerry Sanders.
MARK HODGINS, legislative staff to Senator Ward, sponsor of the
measure, explained SB 119 will allow absences for otherwise
qualified Alaskans, for the purpose of eligibility for permanent
fund dividends, serving under foreign or coastal articles of
employment aboard an oceangoing vessel of the United States
Merchant Marine.
HAROLD HOLTEN, Seafarers International Union (SIU), made the
following comments regarding SB 119. The SIU opened an office in
Anchorage two years ago to recruit Alaskans to its apprenticeship
program in Maryland to give them an opportunity to obtain good
paying jobs with benefits. Those Alaskan merchant seamen are
denied permanent fund dividend (PFD) checks even though they may
own homes and vote in Alaska, have Alaska drivers' licenses, and
intend to return and maintain Alaska residency. Alaskan merchant
seamen cannot choose whether or not to sail in Alaska and even
those who do sail in Alaskan waters have been denied PFDs. Mr.
Holten said he hates to see young people turn down a great career
opportunity because absences during periods of work will prevent
them from receiving a PFD.
MR. HOLTEN estimated that SB 119 will affect no more than 200
Alaska merchant seamen over a ten-year period. He pointed out that
for the purpose of eligibility verification, the Coast Guard keeps
records of where and when merchant seamen are working on ships.
Number 129
SENATOR PHILLIPS expressed concern that SB 119 will become a
"Christmas tree" bill because many others will argue that they
should receive PFDs while out of state for various reasons.
MR. HOLTEN said the difference is that Alaskan merchant seamen
travel by ship from Anchorage, spend one night in Tacoma while the
ship is being loaded, and return to Anchorage. Also, all of their
family members receive PFDs.
CHAIRMAN WARD took teleconference testimony.
Number 174
JOY TUCKER, testifying from Anchorage via teleconference, informed
committee members she is married to John O.Glen, a merchant seaman.
His work shift is four months on and two months off throughout the
year and he sails from Tacoma to Anchorage every seven days.
Although he and his family reside in Alaska, he is the only member
of his family who does not receive a PFD.
EDEN LATTA, a merchant seaman and 10-year resident of Alaska,
stated he spends all of his time and money in Alaska when he is not
at sea. He noted he would be required to pay the Alaska State
income tax if one existed, yet he is ineligible for a PFD.
Number 222
ROCKY LATTA, father of Eden, stated the Seafarer's International
Union provides high-paying jobs for Alaskan youth at a time when
low paying service jobs are the order of the day. While the
unemployment rate is lower, the quality of service jobs is poor in
pay and benefits. He questioned why Alaska blatantly discriminates
against seamen by denying resident seamen their PFDs. A second
bothersome issue is the response he received when he asked
Permanent Fund Dividend Division employees why merchant seamen are
denied the PFD while military members stationed outside Alaska
receive PFDs even though they do not intend to return to Alaska.
The response was that military members have no choice of where they
are stationed and they are placed in life threatening situations.
He noted military members are volunteers, and although they have no
choice of where they are sent once they enlist, neither do merchant
seamen. He also pointed out the highest casualty incident rate in
World War II was for merchant seamen and that his son's ship
carries cruise missiles while at sea.
MR. LATTA concluded by saying Representative Don Young started the
apprenticeship program for Alaskans because he saw it as a viable
Alaskan industry however the State of Alaska denies participants
the PFD. PFD denial makes merchant seamen second class citizens in
their own state.
Number 271
MARK TABBOTT, Vice President of Totem Motion Trailer Express for
Alaska, informed committee members his company has three vessels
that run between Tacoma and Anchorage and supply about 70 percent
of the groceries consumed in Alaska. Both his company and the
industry are committed to hiring Alaskans and bringing them into
the trade. SB 119 will support the industry's effort to hire more
Alaskans. He urged the committee's support.
Number 299
PAUL FUHS, representing Sealand Services, stated Sealand went along
with other Jones Act carriers to help provide this Alaska training
and hire program and believes it is ironic that participants are
denied their PFDs. In regard to Senator Phillips concern about
other groups with the same request, MR. FUHS said the sea time
records of merchant seamen are documented by the U.S. Coast Guard
and are extremely accurate. He believes seamen could easily
provide that information when applying for a PFD.
CHAIRMAN WARD noted Dwight Perkins, Department of Labor, was
available to answer questions if need be, and that the Department
of Labor supports SB 119.
Number 318
NANCI JONES, Director of the Permanent Fund Dividend Division,
pointed out SB 119 creates a bright line meaning it specifically
allows only merchant seamen to leave the state on an allowable
absence; it does not provide an allowance for family members to
accompany a seaman out-of-state while working. SB 119 also allows
Alaskans attending the apprenticeship program an additional 120 day
absence as other college students get.
SENATOR WILKEN asked Ms. Jones if SB 119 pertains to a person who
resides in Alaska but is absent from Alaska for more than 180 days
because of a job. MS. JONES said that is correct.
SENATOR WILKEN asked whether he would receive a PFD if he worked
for British Petroleum and was assigned to Kuwait for more than 180
days. MS. JONES said he would not.
SENATOR WILKEN asked whether he would receive a PFD if he was an
Alaska teacher teaching in Australia for nine months. MS. JONES
said he would not.
SENATOR ELTON asked Ms. Jones if the companion bill on the House
side has been changed at all. MS. JONES said it has not. She
pointed out the difference between SB 119 and its companion bill,
and other House legislation, is that the other legislation
addresses employment absences in general. SB 119 is specific to
merchant seamen.
CHAIRMAN WARD noted the general employment absence legislation Ms.
Jones was referring to was sponsored by Representative Cowdery.
SENATOR ELTON moved the adoption of Amendment 1, which reads as
follows.
Page 1, line 2, following "marine":
Insert "or while serving as a volunteer in the Peace Corps"
Page 2, following line 21:
Insert a new paragraph to read:
"(13) serving as a volunteer in the Peace Corps;"
Page 2, line 22:
Delete "(13)"
Insert "(14)"
Page 2, line 23:
Delete "(14)"
Insert "(15)"
Page 2, line 25:
Delete "(14)"
Insert "(15)"
Page 2, line 28:
Delete "(1)-(13)"
Insert "(1)-(14)"
Page 2, line 31:
Delete "(3)-(13)"
Insert "(3)-(14)"
Page 3, line 2:
Delete "(1)-(13)"
Insert "(1)-(14)"
Page 3, line 3:
Delete "(a)(1)-(13)"
Insert "(a)(1)-(14)"
Page 3, line 11:
Delete "(a)(13)"
Insert "(a)(14)"
CHAIRMAN WARD objected for the purpose of discussion.
SENATOR ELTON explained Amendment 1 will return to statute the
excused absence for Peace Corps volunteers. The cost of providing
a permanent fund dividend to Alaskan Peace Corps volunteers is
estimated at $39,000. Peace Corps volunteers serve for 27 months.
Their living expenses are paid and they receive a lump sum payment
of $225 per month served upon discharge. He wagered that more
Peace Corps volunteers return to Alaska to reside than college
students or military members and he noted the difference between
Peace Corps volunteers and military members is the tools they use.
SENATOR ELTON said it is not only egregious that Peace Corps
volunteers do not receive their PFDs while serving for 27 months,
they also have to wait two to three years to re-establish
residency.
Number 385
SENATOR PHILLIPS asked Eddie Burke, legislative aide to
Representative Sanders, his opinion of Amendment 1.
MR. BURKE replied this legislation was designed to apply to
merchant seamen only.
SENATOR WILKEN noted his support for Amendment 1 as he believes the
Legislature erred last year in removing Peace Corps volunteers from
PFD eligibility.
CHAIRMAN WARD maintained his objection to Amendment 1. Amendment
1 was adopted with Senators Elton, Wilken, and Phillips voting
"yea," and Senator Green and Chairman Ward voting "nay."
CHAIRMAN WARD announced CSSB 119(STA) would be held in committee
until a later date.
Number 424
COMMISSIONER-DESIGNEE POE, Department of Administration (DOA) and
JIM KOHN, Director of Alaska Longevity Programs, updated committee
members on issues involving Alaska's Pioneers' Homes.
CHAIRMAN WARD interjected to inform committee members that Marty
Margeson, Kathy Emmons, Fran Purdy, Lisa Caress-Beau, Tyler
Handley, Robin Johnson and Dwight Becker would be testifying via
teleconference.
COMMISSIONER-DESIGNEE POE reviewed the three part plan he developed
to correct some of the concerns raised at previous meetings.
First, he agreed to prepare a budget proposal for the next fiscal
year to expand the Pioneers' Homes to a dual model facility so that
the homes have some skilled nursing facility licensing abilities.
That proposal will also include a budget for a model without a
skilled nursing facility license in case the Legislature chooses
that option. Second, to correct medical administration errors to
ADRD clients at the Anchorage and Palmer Pioneers' Homes, the
Anchorage and Palmer Pioneers' Homes are only allowing RNs and LPNs
to administer medications in ADRD and Comprehensive Care Units.
Third, the creation and training of family councils at Pioneers'
Homes is underway.
COMMISSIONER-DESIGNEE POE informed committee members that John
Vowell, Director of the Anchorage Pioneer Home, resigned recently.
Robin Johnson, Assistant Administrator at the Anchorage Pioneer
Home for three years, is acting as the director. In addition,
Michelle Holloway has replaced Ms. Johnson as the Assistant
Administrator.
COMMISSIONER-DESIGNEE POE asked Mr. Kohn to address Ms. Margeson's
concerns about her rather raised at previous meetings: exercise,
activities, access to television, and acquiring a private room.
MR. KOHN explained an exercise program has been developed for Ms.
Margeson's father and he is able to take a long walk at least three
times per day. An orientation related to activities for patients
with dementia will be provided to new employees by the Alzheimers'
Association and that association will help develop new activity
programs during the next few weeks. The big-screen TV has been
returned to the ADRD unit and last, Mr. Margeson was moved into the
one available private room last week.
COMMISSIONER-DESIGNEE POE asked MR. KOHN to update committee
members about DOA's connection with the Alzheimers' Association.
MR. KOHN indicated DOA's relationship with the Alzheimers'
Association began about seven years ago and the relationship is a
good one. The Alzheimers' Association helped develop programs in
the original ADRD unit. The Alzheimers' Association has been part
of DOA's effort to provide training at the Pioneers' Homes for
people in the community who care for family members with ADRD.
COMMISSIONER-DESIGNEE POE informed committee members he is
committed to making the family council process as successful as
possible. A consultant from the Minnesota Advocacy Office for Long
Term Care will be available to visit from mid-May through the end
of June to provide guidance to family councils and Pioneers' Home
staff. He noted the family councils have elected officers.
MR. KOHN informed committee members a new policy has been
established whereby Pioneer Home nursing staff will administer
appropriately packaged nutritional supplements upon a physician's
order. The resident and/or family members will be asked to sign an
informed consent.
MR. KOHN explained he is working with the three assisted living
coordinators employed at the Anchorage Pioneer Home so that
residents, family members, and staff feel the assisted living
coordinators are successful in their roles.
Number 530
CHAIRMAN WARD thanked Commissioner-Designee Poe for diving into
this issue quickly. He noted time will tell whether the resolutions
are effective, however family members are hopeful that progress is
taking place.
SENATOR ELTON asked what is considered a nutritional supplement.
MR. KOHN stated nutritional supplements can be defined as non-FDA
approved preparations that some physicians believe have positive
effects. He added that one-half of all dollars spent on medical
care in the United States are spent on alternative medications and
procedures.
SENATOR ELTON questioned whether requiring a doctor's order prior
to administering nutritional supplements will interfere with the
nutritionist's ability to prescribe special diets or dietary
supplements, such as fiber. MR. KOHN said it will not.
Number 574
SENATOR WILKEN asked if all new employees will be required to take
the ADRD training offered by the Alzheimers' Association. MR. KOHN
replied they will attend a two-day orientation seminar which
includes some ADRD training. He noted ADRD training is ongoing:
last summer 20 employees were sent to a workshop provided by the
National Alzheimers Association. Those employees then provided
training to their co-workers.
SENATOR WILKEN also thanked Commissioner-Designee Poe, MR. KOHN,
and Deputy Commissioner Elgee for working on this project.
TAPE 99-10
Side B
DWIGHT BECKER, Program Coordinator with the Division of Senior
Services, DOA, informed committee members he has oversight
responsibility for assisted living licensing and Adult Protective
Services (APS).
MR. BECKER explained the Division of Senior Services receives
complaint reports from either the facility itself or from others
such as family or community members. The reports are directed to
either the APS or a licensing unit, depending on the nature of the
complaint. Any complaint involving a report of harm is directed to
APS. If a victim is 60 years of age or older, and living in an
assisted living home, the complaint is sent to the Office of the
Long Term Care Ombudsman (OLTCO) which conducts an investigation of
abuse. The Division of Senior Services investigates any part of a
complaint related to licensing. Licensing regulations require
every assisted living home to make and keep a record of any
emergency situations that occur in the facility. Those records are
reviewed by the Division of Senior Services. The Division advises
facilities to notify it of every report so that it can determine
whether further investigation is necessary. He and Mr. Kohn have
agreed that all incident reports will be forwarded to APS
regardless of whether the report appears to be appropriate for an
APS investigation. That plan should alleviate family concerns
about incident reports.
MR. BECKER discussed the Division of Senior Services' resources
available to investigate reports. During the current fiscal year,
the Division has had 2 2/3 licensing workers available to take
reports, conduct investigations, and file notices of violations.
At present, the Division has 3 2/3 licensing workers. When a
report involving a 60 year or older person at an assisted living
home is filed, OLTCO conducts its investigation and forwards its
report to the Division of Senior Services. The Division then
conducts any investigation it feels is necessary, files notices of
violation and takes licensing administrative action if appropriate.
If the complaint involves a person under 60 years of age, it is
reviewed by the Division's licensing staff. The Division's first
objective is to work with the facility to correct any problems if
at all possible. If a problem recurs, or requires immediate
action, a notice of violation is filed.
Number 484
SENATOR GREEN asked whether the Division reacts differently to
complaints from Pioneers' Homes versus private homes. MR. BECKER
said not in his opinion. He noted the expectation of cooperation
from the Pioneers' Homes might be higher.
SENATOR GREEN referred to Mr. Becker's statement that he and Mr.
Kohn will receive all incident reports, and asked about the
Division's response time. MR. BECKER said the response time will
depend on the nature of the report, but reports should be assigned
to a staff member within 24 hours of receipt.
Number 455
LISA CARESS-BEU testified via teleconference from Anchorage. She
thanked Chairman Ward for holding committee hearings to review the
Pioneers' Home policies, and thanked Commissioner-Designee Poe for
the actions he has taken. She asked Commissioner-Designee Poe
whether he read the OLTCO report on the Pioneers' Homes dated
October 19, 1998. MS. CARESS-BEU asked committee members to review
the over-inflated fiscal note attached to SB 20.
SENATOR ELTON thanked Ms. Caress-Beu for her comment on the fiscal
note to SB 20 and informed her that other agencies share her
concern.
COMMISSIONER-DESIGNEE POE stated he has not yet read the OLTCO
report.
Number 404
TYLER HANDLEY testified via teleconference from Kenai and asked why
doctors will be required to order nutritional supplements.
MR. KOHN replied much is unknown about nutritional supplements at
this time, including their interactions with other medications. He
believes it is important that the resident's physician be aware of
any type of bio-active substance taken by the resident.
COMMISSIONER-DESIGNEE POE added the Board of Nursing requires that
physicians be involved when any type of medication is dispensed.
MR. HANDLEY questioned whether he will be required to purchase
vitamins and minerals for his mother at the Pioneer Home pharmacy.
MR. KOHN replied the resident or family members will be expected to
supply their own nutritional supplements as few are available in
the pharmacy. He added that another reason a physician's order is
required is to protect the nurses in their responsibility to
administer nutritional supplements.
Number 319
ROSA NEWTON, Anchorage Pioneer Home resident, stated she was
saddened to hear of John Vowell's resignation as she found him to
be very responsive to residents' needs. Regarding reports of abuse
of dementia patients, she noted sometimes ADRD patients try to
escape, which would be harmful to those patients. When that
occurs, staff try to coax patients back into the building but in
worst case scenarios residents must be restrained. She stated she
does not understand how the staff behavior could be called abusive.
MS. NEWTON noted the staff has been very accommodating of her
environment in relation to her multiple sclerosis.
Number 255
There being no further testimony, CHAIRMAN WARD thanked all
participants and adjourned the meeting at 4:50 p.m.
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