Legislature(2021 - 2022)DAVIS 106
02/24/2022 03:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB308 | |
| HSCR2 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 292 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 308 | TELECONFERENCED | |
| += | HSCR 2 | TELECONFERENCED | |
HSCR 2-DISAPPROVING EXECUTIVE ORDER 121
3:18:51 PM
[Due to technical difficulties, a brief portion of audio was not
recorded but the information was captured from the secretary's
log notes.]
CO-CHAIR ZULKOSKY announced that the final order of business
would be HOUSE SPECIAL CONCURRENT RESOLUTION NO. 2, Disapproving
Executive Order No. 121.
CO-CHAIR ZULKOSKY observed that it seemed odd for an
administration to put forward an executive order in its last
year. She asked whether the department had considered a "relief
valve" or backup plan.
3:20:48 PM
ADAM CRUM, Commissioner, Department of Health and Social
Services, responded that the idea for EO 121 came from long-
tenured staff within the department. As it moves forward, he
said, this staff will be present to ensure the success of the
bifurcation of DHSS into the Department of Health (DOH) and the
Department of Family and Community Services (DFCS). He said
there is also stakeholder support. He indicated there would be
opportunity for more legislative oversight. In response to a
follow-up question, he gave examples of how EO 121 could lead to
success with staffing, oversight, and internal functions.
3:26:21 PM
CO-CHAIR ZULKOSKY requested a list of metrics be given to the
committee.
3:26:44 PM
CO-CHAIR SNYDER asked for clarification of a concern Mr. Dunmire
had expressed in writing about Section 133. She offered her
understanding that he had quoted Section 134.
3:27:20 PM
ANDREW DUNMIRE, Attorney, Legislative Legal Services,
Legislative Affairs Agency, explained that he had addressed a
transitional provision which grants DHSS and the two new
departments the authority to create their own regulations. The
granting of rule-making authority, he explained, typically comes
from the legislature.
CO-CHAIR SNYDER requested a response from the Department of Law
(DOL).
3:28:34 PM
STACIE KRALY, Director, Civil Division (Juneau), Department of
Law, said Section 133 is a transitional provision which would
allow the administration "to effectuate the executive order
through necessary regulation changes." She explained that not
having this ability would not be an effective use of having the
power. She expressed that creating regulatory authority, which
does not exist, would not be taking legislative power. She
explained that the authority to create regulations in the
administering of these programs exists under Title 47. She
stated that DOL would not consider this to be a substantive
change. She pointed out that previous executive orders have
been similar concerning this issue.
3:31:21 PM
CO-CHAIR SNYDER asked Mr. Dunmire if he agreed that the language
has been seen before [in similar situations].
3:31:38 PM
MR. DUNMIRE replied that he does not know the answer, but he
would research the issue and follow up to the committee.
3:31:55 PM
REPRESENTATIVE FIELDS offered a question to be answered at a
later time. The question concerned whether the division
directors had done an analysis to determine an adequate level of
frontline staff.
[HSCR 2 was held over.]
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