HOUSE FINANCE COMMITTEE MAY 2, 1996 2:00 P.M. TAPE HFC 96 - 156, Side 1, #000 - #631. CALL TO ORDER Co-Chair Mark Hanley called the House Finance Committee meeting to order at 2:00 P.M. PRESENT Co-Chair Hanley Representative Martin Co-Chair Foster Representative Mulder Representative Brown Representative Navarre Representative Grussendorf Representative Parnell Representative Kelly Representative Therriault Representative Kohring ALSO PRESENT John Walsh, Staff, Representative Richard Foster; Allison Gordon, Staff, Senator Steve Frank; Anne Carpeneti, Assistant Attorney General, Department of Law; Diane Worley, Director, Division of Family and Youth Services, Department of Health and Social Services; Del Smith, Deputy Commissioner, Department of Public Safety; Catherine Massa, (Testified via teleconference), Student, University of Alaska, Anchorage; Louise Charles, JOBS Program Coordinator, Tanana Chiefs Conference, Inc., Fairbanks; Lauree Hugonin, Executive Director, Alaska Network on Domestic Violence and Sexual Assault, Juneau. SUMMARY SB 52 An Act authorizing capital punishment, classifying murder in the first degree as a capital felony, and establishing sentencing procedures for capital felonies; authorizing an advisory vote on instituting capital punishment; and providing for an effective date. SB 52 was rescheduled for hearing at a latter date. SB 98 An Act making changes related to the aid to families with dependent children program, the Medicaid program, the general relief assistance program, and the adult public assistance program; directing the Department of Health and Social 1 Services to apply to the federal government for waivers to implement the changes where necessary; relating to eligibility for permanent fund dividends of certain individuals who receive state assistance, to notice requirements applicable to the dividend program; and providing for an effective date. SB 98 was HELD in Committee for further discussion. SB 289 An Act relating to runaway minors and their families or legal custodians. HCS CS SB 289 (FIN) was reported out of Committee with a "do pass" recommendation and with fiscal notes by the Department of Administration, (3) by the Department of Health and Social Services, the Department of Law, and the Alaska Court System. SCR 23 Relating to long range financial planning. SCR 23 was rescheduled for hearing at a latter date. HB 500 An Act making capital and other appropriations; and providing for an effective date. HB 500 was HELD in Committee for further discussion. HOUSE BILL 500 "An Act making capital and other appropriations; and providing for an effective date." Co-Chair Foster provided Committee members with a handout analysis. [Copy on file]. He asked members to provide any proposed amendments to his office. Co-Chair Hanley clarified that the handout listed all the reappropriation. He added that a version of the bill from the Senate would be received in the House Finance Committee soon and would include the capital budget and the reappropriation list. The list currently available includes all requests turned in to date. JOHN WALSH, STAFF, REPRESENTATIVE RICHARD FOSTER, reiterated that all amendments should be submitted by the evening of May 2, 1996. HB 500 was HELD in Committee for further consideration. 2 SENATE BILL 289 "An Act relating to runaway minors and their families or legal custodians." ALLISON GORDON, STAFF, SENATOR STEVE FRANK, provided the Committee with a work draft for SB 289, 9-LS1635\J, Lauterbach, 5/2/96. [Copy on file]. She pointed out that the version before the Committee was a compromise with Senator Frank, the Department of Law and the Department of Health and Social Services. Ms. Gordon provided a sectional analysis of the proposed legislation. Page 2, Subsection (4) contains new language recommended by the Department of Law in regard to contributing to the delinquency of a minor. Changes would be to Page 3, Subsection (1) resulting from concerns within the Department of Public Safety in returning a minor run-away home and the distance necessary to drive in order to return that person. Language has been added to address that concern. Ms. Gordon noted the change to Page 3, Line 19 and 20. The new language would give officers permission to take the child to the Division of Family and Youth Services (DFYS) if they had reasonable cause to believe that the child had been abused. Representative Brown inquired if the parent referenced in that section could be the legal custodian. DIANE WORLEY, DIRECTOR, DIVISION OF FAMILY AND YOUTH SERVICES, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, replied, the referenced section deals with the parent or legal guardian. Previous language would give the parent or legal guardian the decision power to decide where the child would be returned to. The change made indicates that if there was a suspicion of abuse or neglect, a report to the Department would be made and the Department would then decide (not the parent), the location of placement of the child. Ms. Gordon continued, the most substantial change in the work draft would be to Page 5, Line 24, giving back the determination whether or not to file a petition, if the child was in need of aid. The language of the bill would require the Department to provide a finding if they did not file a petition. That information would then become available to the parents. Representative Kelly asked if the Department would be required to file a petition within 24 hours of taking custody of a child. Ms. Worley responded, at this point the Department is not required to file a petition on any case. The Department is required to file a "determination" based 3 on the findings. She emphasized that discretion is needed. ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW, spoke to Page 5, Line 31, recommending that language "including the factual findings on which the determination was based" be deleted. She stated that there would be determinations based on information other than factual findings. To require factual findings for a determination does not reflect what happened. Ms. Gordon stated that the sponsor would not object to that deletion. Representative Therriault asked a circumstance in which a decision would be made on evidence not supported by factual findings. Ms. Worley suggested that concern would be addressed more through the verbiage of an agreement or determination. She suggested that there could be a negotiated compromise between a child and a parent giving the Division the discretion to not file a petition. Following discussion with Committee members, Ms. Carpeneti suggested replacing the language with "reasons". Representative Parnell MOVED deletion of "factual findings" and inserting "reasons". There being NO OBJECTION, it was adopted. Ms. Carpeneti discussed changes to Page 6, beginning on Line 6, which would mirror the provision previously passed on the House floor to "delinquent minors". The language would require that parents attend the delinquency hearings of their children. It would also allow the Court to order that parents participate and pay for treatment. Representative Parnell asked what would happen if the parent did not attend. Ms. Carpeneti noted that was addressed in Subsection (J); the proceeding would continue. If they were not present, they could be charged with contempt and then fined. Ms. Gordon noted that Section 7 would deal with the time when the minor was brought before the court. Representative Parnell asked what would happen if the parents did not follow the established conditions. Ms. Carpeneti explained the same standard would be enforced. Ms. Gordon continued, Section 8 would deal with the program for run-away minors; the same language as contained in version (D). Subsection (6) requires State facilities to maintain semi-secure areas. She urged the Committee's support in passage of the legislation. Representative Parnell questioned that if subjecting the 4 juvenile's parents to contempt of court violations would cause an increase to the Department of Public Safety fiscal note. DEL SMITH, DEPUTY COMMISSIONER, DEPARTMENT OF PUBLIC SAFETY, replied, the Department does not anticipate more than a few additional warrants or summons to be served, which would not increase the fiscal note. Representative Kelly MOVED to report HCS CS SB 289 (FIN) out of Committee with individual recommendations and the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. HCS CS SB 289 (FIN) was reported out of Committee with a "do pass" recommendation and with fiscal notes by the Department of Administration, (3) by the Department of Health and Social Services, the Department of Law, and the Alaska Court System. SENATE BILL 98 "An Act making changes related to the aid to families with dependent children program, the Medicaid program, the general relief assistance program, and the adult public assistance program; directing the Department of Health and Social Services to apply to the federal government for waivers to implement the changes where necessary; relating to eligibility for permanent fund dividends of certain individuals who receive state assistance, to notice requirements applicable to the dividend program; and providing for an effective date." LAUREE HUGONIN, EXECUTIVE DIRECTOR, ALASKA NETWORK ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT, JUNEAU, stated, in reviewing the proposed legislation, she requested to comment. The first concern was the benefit reductions in the months of July, August and September. She pointed out that in those months, people needed to take off work to do their subsistence activities, recommending that the cap be removed. The largest concern for the Network was with the benefit time limits. Of particular concern is the 10% "hardship" criteria. Ms. Hugonin continued, an additional concern would be the provision which requires participants to perform unsubsidized work in order to receive benefits. Representative Brown requested further information regarding the facts submitted by Ms. Hugonin and the 10% limit. Ms. Hugonin responded that victims of domestic violence often have to leave whatever economic resources they have to 5 escape the violence. Often they have to go on Aid to Families with Dependent Children (AFDC) to receive initial assistance while trying to disentangle themselves from the violence. They could need more than 24 months within a five year period. CATHERINE MASSA, (TESTIFIED VIA TELECONFERENCE), STUDENT, UNIVERSITY OF ALASKA, ANCHORAGE, spoke in support of SB 98 used in addition to the Governor's FY97 proposed operating budget. LOUISE CHARLES, JOBS PROGRAM COORDINATOR, TANANA CHIEFS CONFERENCE, INC., FAIRBANKS, provided the Committee with a letter written by Ed Singler, Deputy Regional Administrator, Tanana Chiefs Conference, Fairbanks. [Copy on file]. She emphasized how effectively the JOBS program was working for those people trying to get off AFDC. She suggested that if wages were reduced during summer months, the reductions should be reinvested for those families to help them throughout the remainder of the year to "get off" AFDC. SB 98 was HELD in Committee for further consideration. ADJOURNMENT The meeting adjourned at 2:40 P.M. 6