03/23/2023 03:00 PM House HEALTH & SOCIAL SERVICES

        HB  60-RUNAWAYS; DFCS/DOH: DUTIES/LICENSING/INFO                                                                    
                                                                                                                                
4:49:07 PM                                                                                                                    
                                                                                                                                
CHAIR PRAX  announced that the  final order of business  would be                                                               
HOUSE BILL NO.  60, "An Act relating to the  licensing of runaway                                                               
shelters; relating  to advisors to  the board of trustees  of the                                                               
Alaska Mental Health Trust Authority;  relating to the sharing of                                                               
confidential health information between  the Department of Health                                                               
and the Department of Family  and Community Services; relating to                                                               
the  duties of  the Department  of Health  and the  Department of                                                               
Family  and Community  Services; and  providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
4:49:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  moved to  adopt the  proposed committee                                                               
substitute  (CS)  for  HB  60,  33-GH1343\S,  Bergerud,  3/21/23,                                                               
("Version S") as a working document.                                                                                            
                                                                                                                                
4:50:14 PM                                                                                                                    
                                                                                                                                
CHAIR PRAX objected for the purpose of discussion.                                                                              
                                                                                                                                
4:50:37 PM                                                                                                                    
                                                                                                                                
RILEY  NYE,   Staff,  Representative  Mike  Prax,   Alaska  State                                                               
Legislature,  on behalf  of  the bill  sponsor,  House Rules,  by                                                               
request  of the  governor, explained  that HB  60 was  originally                                                               
introduced  to support  the reorganization  of the  Department of                                                               
Health  and Social  Services into  the Department  of Family  and                                                               
Community  Services (DFCS)  and the  Department of  Health (DOH),                                                               
under Executive  Order 121, and  Version S would  implement fixes                                                               
and  missions  to  support the  reorganization.    This  includes                                                               
adding DFCS to the definition of  "department" in A.S. 18.65.  He                                                               
explained that this would clarify  the role of each department as                                                               
it relates to shelters for runaways.                                                                                            
                                                                                                                                
4:52:32 PM                                                                                                                    
                                                                                                                                
HEATHER CARPENTER,  Deputy Director, Office of  the Commissioner,                                                               
Department  of  Health, on  behalf  of  the bill  sponsor,  House                                                               
Rules, by  request of the  governor, paraphrased  the explanation                                                               
of  changes  for  Version  S  [copy  included  in  the  committee                                                               
packet], which read as follows [original punctuation provided]:                                                                 
                                                                                                                                
     Section 1      This language is unchanged from section                                                                     
                    1 of version A.                                                                                             
                                                                                                                                
     Section 2      Version S includes the newly identified                                                                     
                    need to include the Department of                                                                           
                    Family and Community Services in the                                                                        
                    definition of department.                                                                                   
                                                                                                                                
     Section 3      This language is unchanged from section                                                                     
                    2 of version A.                                                                                             
                                                                                                                                
     Section 4      This language is unchanged from section                                                                     
                    3 of version A.                                                                                             
                                                                                                                                
     Sections 5-9                                                                                                               
     and 11-14      Version S updates these sections to                                                                         
                    further clarify the duties of each                                                                          
                    department related to programs for                                                                          
                    runaways.                                                                                                   
                                                                                                                                
     Section 10     Version S updates the bill to include a                                                                     
                    necessary clarification related to the                                                                      
                    confidentiality of records related to                                                                       
                    shelters for runaways.                                                                                      
                                                                                                                                
     Section 15     This language is unchanged from section                                                                     
                    10 of version A.                                                                                            
                                                                                                                                
     Section 16     Version S amends this section to                                                                            
                    replace the term "authorizing" with                                                                         
                     "applicable" from section 11 of                                                                            
                    version A. This change reflects the                                                                         
                    removal of the definition for the term                                                                      
                     "authorizing" in section 20 below.                                                                         
                                                                                                                                
     Sections 17-18 This language is unchanged from                                                                             
                    sections 12-13 of version A.                                                                                
                                                                                                                                
     Section 19     This language is unchanged from section                                                                     
                    14 of version A.                                                                                            
                                                                                                                                
     Section 20     Version S amends Section 15 from                                                                            
                    version A to remove the new definition                                                                      
                    for "authorizing department" to avoid                                                                       
                    potential confusion with the duplicate                                                                      
                    definition of "applicable department."                                                                      
                                                                                                                                
     Section 21     Version S moves the repeal of this                                                                          
                    language related to the licensure of                                                                        
                     shelters for runaways from Section 9                                                                       
                     in version A. AS 47.32.010 was                                                                             
             repealed and reenacted under Executive                                                                             
                     Order 121, section 79.                                                                                     
                                                                                                                                
     Section 22     This language is unchanged from section                                                                     
                    16 of version A.                                                                                            
                                                                                                                                
4:55:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  pointed out  that the date  of the  CS is                                                               
labeled March  21, and a legal  opinion, also dated March  21, by                                                               
Margaret  Bergerud, Legislative  Legal  Counsel,  points out  the                                                               
potential single subject law violations.   He asked if this legal                                                               
opinion applies to the CS before the committee.                                                                                 
                                                                                                                                
4:56:18 PM                                                                                                                    
                                                                                                                                
STACIE  KRALY,  Director,  Civil  Division,  Department  of  Law,                                                               
answered  yes, in  that,  the  memo relates  to  the  CS and  the                                                               
overall  framework of  Version S.    In response  to a  follow-up                                                               
question                                                                                                                        
                                                                                                                                
MS.  KRALY,  in  response  to  a  follow-up  question,  expressed                                                               
disagreement  with Legislative  Legal Service's  assessment of  a                                                               
single subject  issue with Version S.   She pointed to  the title                                                               
of the  proposed legislation, which  shows there are a  number of                                                               
different issues  being addressed, and looking  at the underlying                                                               
theme, she pointed  out that the bill would deal  with all of the                                                               
powers and duties  for DOH and DFCS.  She  related that there was                                                               
a  concern  raised in  regard  to  who was  going  to  be on  the                                                               
advisory council  for the Alaska  Mental Health  Trust Authority.                                                               
She continued that last year,  at the advice of Legislative Legal                                                               
Services, the  department had  picked a  particular commissioner.                                                               
This commissioner  was picked because Legislative  Legal Services                                                               
advised that  a member could not  be added to the  advisory board                                                               
because  of the  subject change,  as  this is  not allowed  under                                                               
executive order  rule.  She  explained that the  commissioner was                                                               
picked  with the  understanding  that  a bill  would  need to  be                                                               
introduced this year to articulate  how the two departments would                                                               
interact  with the  Alaska Mental  Health Trust  Authority.   She                                                               
explained that  there are no  substantive changes to  the trust's                                                               
statutes  in   the  bill,  rather,   it  articulates   that  both                                                               
departments  need  to be  involved  as  advisory members  to  the                                                               
board.  She  elaborated that every provision in  the bill relates                                                               
to  the operations  of  the  two departments  and  how they  meet                                                               
statutory  duties.   She expressed  the understanding  that there                                                               
are no problems with the proposed legislation, as drafted.                                                                      
                                                                                                                                
REPRESENTATIVE  SADDLER advised  that  these  issues be  resolved                                                               
now, and  he expressed the hope  that there will be  a meeting to                                                               
hash this out.                                                                                                                  
                                                                                                                                
5:00:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SUMNER  read from  Section 13 of  the Constitution                                                               
of the State of Alaska, which read as follows:                                                                                  
                                                                                                                                
     Every bill shall be confined to one subject unless it                                                                      
      is an appropriation bill or one codifying, revising,                                                                      
     or rearranging existing laws.                                                                                              
                                                                                                                                
REPRESENTATIVE  SUMNER offered  his  understanding that,  through                                                               
the executive  order, the two  departments are separated  and now                                                               
the legislature would be codifying this.                                                                                        
                                                                                                                                
5:01:18 PM                                                                                                                    
                                                                                                                                
MS.  KRALY stated  that  the  power to  split  the department  is                                                               
authorized  by  the constitution.    She  explained that  it  was                                                               
conveyed  last year  that  there would  be  some minor  technical                                                               
changes this year, and this  is because an executive order cannot                                                               
be amended during  the process, and that Version S  is a clean-up                                                               
bill.                                                                                                                           
                                                                                                                                
5:02:23 PM                                                                                                                    
                                                                                                                                
CHAIR  PRAX  withdrew his  objection.    There being  no  further                                                               
objection, Version S was before the committee.                                                                                  
                                                                                                                                
5:03:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE moved  to report  CSHB 60,  Version 33-                                                               
GH1343\S,  Bergerud, 3/21/23,  out of  committee with  individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no objection, CSHB  60(HSS) was reported out of  the House Health                                                               
and Social Services Standing Committee.