Legislature(2023 - 2024)DAVIS 106
03/23/2023 03:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s): Department of Health, Commissioner|| Confirmation Hearing(s) | |
| HB112 | |
| HB60 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 112 | TELECONFERENCED | |
| += | HB 60 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
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.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 112 Sectional Analysis .pdf |
HHSS 3/23/2023 3:00:00 PM |
HB 112 |
| HB 112 Sponsor Statement Version B.pdf |
HHSS 3/23/2023 3:00:00 PM |
HB 112 |
| HB0112A.PDF |
HHSS 3/23/2023 3:00:00 PM |
HB 112 |
| Heidi Hedberg Resume 2023.pdf |
HHSS 3/23/2023 3:00:00 PM |
|
| HB112 HSS Hearing slides 3.23.23.pdf |
HHSS 3/23/2023 3:00:00 PM |
HB 112 |
| HB 60 CS Version S.pdf |
HHSS 3/23/2023 3:00:00 PM |
HB 60 |
| HB 60 Sectional Analysis (Version S) 3-23-23.pdf |
HHSS 3/23/2023 3:00:00 PM |
HB 60 |
| HB 60 Explanation of Changes Version A to Verson S (3-23-23).pdf |
HHSS 3/23/2023 3:00:00 PM |
HB 60 |
| HB 112 Support as of 3_21 Redacted.pdf |
HHSS 3/23/2023 3:00:00 PM |
HB 112 |
| HB 112 Fiscal Note DCCED.pdf |
HHSS 3/23/2023 3:00:00 PM |
HB 112 |