Legislature(2005 - 2006)HOUSE FINANCE 519
03/15/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB446 | |
| HB377 | |
| HB312 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 312 | TELECONFERENCED | |
| + | HB 377 | TELECONFERENCED | |
| + | HB 446 | TELECONFERENCED | |
| + | HB 478 | TELECONFERENCED | |
| + | SB 232 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE FINANCE COMMITTEE
March 15, 2006
1:44 P.M.
CALL TO ORDER
Co-Chair Meyer called the House Finance Committee meeting to
order at 1:44:19 PM.
MEMBERS PRESENT
Representative Mike Chenault, Co-Chair
Representative Kevin Meyer, Co-Chair
Representative Bill Stoltze, Vice-Chair
Representative Richard Foster
Representative Mike Hawker
Representative Jim Holm
Representative Reggie Joule
Representative Mike Kelly
Representative Beth Kerttula
Representative Carl Moses
Representative Bruce Weyhrauch
MEMBERS ABSENT
None
ALSO PRESENT
Michael Pawlowski, Staff, Representative Kevin Meyer;
Jacqueline Tupou, Staff, Representative Bruce Weyhrauch;
Diane Casto, Manager, Prevention/Early Intervention
Services, Division of Behavioral Health, Department of
Health & Social Services; Ric Iannolino, Juneau Fetal
Alcohol Syndrome Disorder (FASD) Diagnostic Clinic, Juneau;
Laura Rorem, Juneau Fetal Alcohol Syndrome Disorder (FASD)
Team, Juneau; Larry Rorem, Pastor, Sheppard of the Valley
Lutheran Church, Juneau Fetal Alcohol Syndrome Disorder
(FASD) Team, Juneau; Craig Johnson, Staff, Representative
Lesil McGuire; Mark Morris, Professional Engineer, State
Board of Registration for Architects, Engineers and Land
Surveyors (AELS), Juneau; Patricia Senner, Alaska Nurses
Association, Anchorage
PRESENT VIA TELECONFERENCE
Cheryl Scott, Parent, Stone Soup Group, Anchorage; Bill
Taylor, Anchorage, Homebuilder's Association, Taylor
Enterprises, Anchorage; Ed Sniffen, Assistant Attorney
General, Fair Business Section, Department of Law,
Anchorage; Paul Michaelson, National Committee of Home
Builders, Builder, Anchorage; Sueshanna Fiona Stewart-
Campbell, FASD Adult, Fairbanks; Jeanne Gerharbt-Cyruf,
Kiana; Michael Baldwin, Mental Health Therapist, Anchorage;
Kara Nyquist, Alaska Association for Homes for Children
(AAHC), Anchorage; Patricia Senner, Chair, Legislative
Committee for the Alaska Nurses Association, Anchorage
SUMMARY
HB 312 An Act relating to pregnant women; requiring
hospitals, schools, and alcohol licensees and
permit tees to distribute information about fetal
alcohol effects and fetal alcohol syndrome;
relating to the consumption of alcoholic beverages
by and the sale or service of alcoholic beverages
to a pregnant woman; requiring involuntary
commitment of a pregnant woman who has consumed
alcohol; creating a fund for the prevention and
treatment of fetal alcohol syndrome and fetal
alcohol effects; relating to fines and to the
taking of permanent fund dividends for selling or
serving alcoholic beverages to pregnant women; and
increasing taxes on sales of alcoholic beverages
to fund treatment and education related to fetal
alcohol syndrome and fetal alcohol effects.
HB 312 was HEARD and HELD in Committee for further
consideration.
HB 377 An Act relating to an exemption from certain
registration and practice requirements for persons
preparing drawings or specifications related to
the construction of certain buildings.
HB 377 was HEARD and HELD in Committee for further
consideration.
HB 446 An Act relating to the amount of a civil penalty
for an unlawful act or practice in the conduct of
trade or commerce.
CS HB 446 (JUD) was REPORTED out Committee with a
"no recommendation" and with a new indeterminate
note by the House Finance Committee for the
Department of Law and zero note #1 by the Alaska
Court System.
HB 478 An Act relating to the municipal harbor facility
grant program; and providing for an effective
date.
HB 478 was SCHEDULED but not HEARD.
HOUSE BILL NO. 446
An Act relating to the amount of a civil penalty for an
unlawful act or practice in the conduct of trade or
commerce.
1:44:58 PM
CRAIG JOHNSON, STAFF, REPRESENTATIVE LESIL MCGUIRE,
testified that the Federal Trade Commission recently
reported that Alaska topped the nation in fraud complaints
last year with 249 per 100,000 people. Unfortunately,
Alaska's current consumer protection laws provide one of the
lowest civil penalties of any state. To strengthen Alaska's
consumer protection law and send a message to those who prey
on Alaska consumers, HB 446 acts to increase civil penalties
authorized under Alaska's Unfair Trade Practices and
Consumer Protection Act.
Under current law, when a person or company violates an
injunction prohibiting unfair or deceptive business
practices, they are subject to a maximum penalty of $25,000.
HB 446 would increase that maximum to $50,000.
Mr. Johnson continued, current law provides for a $5,000
civil penalty for each violation. The bill increases that
amount to a range between $1,000 and $25,000 per violation.
The current $5,000 penalty was established in 1970. By
adjusting for inflation alone, the penalty should be
$20,200. Obtaining injunctive relief and civil penalties
are the tools that enable the attorney general to protect
Alaska consumers against unfair and deceptive trade
practices. The changes are vital enforcement tools and a
court assesses all civil penalties after a violation has
been proven. All penalty payments go directly to the State
of Alaska.
1:47:21 PM
Co-Chair Chenault inquired why the $5,000 penalty had been
dropped.
1:48:58 PM
ED SNIFFEN, (TESTIFIED VIA TELECONFERENCE), ASSISTANT
ATTORNEY GENERAL, FAIR BUSINESS SECTION, CRIMINAL SECTION,
DEPARTMENT OF LAW, ANCHORAGE, explained that there are a
number of cases involving violation of the act that warrant
some-kind of penalty. He provided an example of a business
engaging in advertising violations but not realizing there
has been some kind of violation causing consumer harm.
However, in that type of case, the Department of Law works
with the business to provide a meaningful penalty less than
$5,000. Then the Department gets the business to change
their practices so that future violations do not occur and
those are the cases where fewer penalties are warranted.
1:50:27 PM
Representative Hawker referenced the fiscal notes, pointed
out increased penalties and thought the note should indicate
that.
Mr. Johnson hoped the note would be neutral, and would keep
business from violating the law. It may be a bill that does
nothing; with relationship to consumer fraud, doing nothing
is a good thing.
Representative Hawker asked how the fines were accounted for
and which department would be indicating the note from fines
collected.
Mr. Sniffen advised that the funds collected by the
Department for civil penalty efforts go to either the
general fund or are earmarked to be used by the consumer
agency for future consumer protection education and
enforcement. The reason that a positive fiscal note cannot
be identified is because the Department does not know what
kind of activity might occur. Some cases do provide a
windfall into the State's general fund.
1:53:15 PM
Representative Hawker thought it would be more appropriate
to have an indeterminate note from the Department of Law.
Co-Chair Meyer agreed.
1:53:42 PM
Representative Hawker MOVED a conceptual change to the
Department of Law's note changing it to indeterminate for
all years indicated. There being NO OBJECTION, the change
was made.
1:54:33 PM
Representative Joule recommended that the indeterminate note
be indicated in the Department's budget next year.
Co-Chair Chenault commented that their office would attempt
to track some of the indeterminate notes.
Vice Chair Stoltze MOVED to REPORT CS HB 446 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes.
Representative Hawker did not think that the Alaska Court
System note would be affected.
There being NO OBJECTION, the bill moved from Committee.
CS HB 446 (JUD) was reported out of Committee with a "no
recommendation" and with a new indeterminate note by the
House Finance Committee for the Department of Law and zero
note #1 by the Alaska Court System.
HOUSE BILL NO. 377
An Act relating to an exemption from certain
registration and practice requirements for persons
preparing drawings or specifications related to the
construction of certain buildings.
1:56:52 PM
MICHAEL PAWLOWSKI, STAFF, REPRESENTATIVE KEVIN MEYER, stated
that State law requires that an engineer or architect
prepare drawings for specifications for a residence if it is
more than two stories high. However, building codes adopted
by the State Fire Marshal and many municipalities require an
engineer or architect only if a residence is more than three
stories high.
The process of consulting with an engineer or architect adds
an unnecessary expense to the construction or renovation of
a home. HB 377 amends Alaska Statute to reflect the
standard already present in the adopted codes across the
State. The bill would allow contractors and homebuilders to
build or expand a residence if it is not more than three
stories high.
1:58:11 PM
Co-Chair Meyer pointed out that the Alaska Home Builders
Association does support the legislation. Mr. Pawlowski
understood there was a new letter addressing the committee
substitute and had not yet seen it. He indicated safety
concerns that had been voiced. The current exemptions are
listed on Page 2, Line 19 & 20, for a four family residence
and not more than two stories high. The international
building and residential codes identify buildings three
stories, which is the issue addressed by HB 377. With
present building codes, a builder would need to go through a
planning review process to obtain a building permit.
2:00:02 PM
Representative Kelly inquired why it was not left to four
families - three stories. Mr. Pawlowski explained the
original version had been drafted that way, however, the
dilemma was:
· So not directly meet with the code reference of two
families and three stories, and/or
· Once expanded from two to four families and three
stories, the buildings became bigger than a duplex - a
change made in the House Labor and Commerce Committee.
2:00:51 PM
MARK MORRIS, PROFESSIONAL ENGINEER, STATE BOARD of
REGISTRATION FOR ARCHITECTS, ENGINEERS AND LAND SURVEYORS
(AELS), JUNEAU, spoke in opposition to HB 377. He noted the
th
two letters of opposition dated February 24 and March 14.
The State AELS Board was unanimous in its opposition because
of the height, not the size of a structure. Increasing the
height affects the design load expeditiously & radically
modifies what an engineer must take into consideration.
Mr. Morris discussed these concerns, emphasizing that the
statute was initially written to protect the public's
safety. Contractors and home builders are not required by
the State of Alaska to have the education, training, and
exam verification to ensure that they are capable of
designing that level building. Design professionals are
trained to ensure buildings are safe for human habitation.
He reiterated that in the interest of public safety, the
AELS Board strongly opposes the proposed modification to
statute.
2:05:37 PM
Vice Chair Stoltze questioned the typical cost for
architectural services and/or the general percentage used.
Mr. Morris responded that is difficult to determine; on a
home as proposed, an electrical engineer would not be
needed, only a structural engineer and that would be a
smaller percentage. On a commercial building, typically it
would be somewhere between 6% and 8% of the cost of the
structure; on a home, it might amount to 3%.
2:06:40 PM
Vice Chair Stoltze voiced concerned on engineering failures
of some public buildings and asked if a "statute of repose"
could be traded, giving the consumer more. He asked if the
legislation had resulted from a "turf war".
2:08:19 PM
Mr. Morris did not understand the question. He stated that
as a professional, he had nothing to gain by the proposed
modification. The issue results from structural design
concerns. A person would be foolish to build a three-story
home without a registered professional providing the
appropriate calculations. A contractor would not be aware
of those requirements.
2:08:30 PM
Mr. Morris continued that with regards to design, loads must
be addressed. He thought that a professional must determine
the numbers affecting a nailing schedule and wall design.
2:09:57 PM
Representative Hawker worried that the bill proposes
something not supported by the State AELS Board and asked
the applicability of the Alaska Homebuilders Association
request. Mr. Morris could not comment on exactly what the
codes say. He warned that codes are an established minimum
standard for safety. To remove someone with the knowledge
on how to run calculations to determine the loads on certain
portions of a structure and make sure that the loads are
adequate would be the intent of a code. Only professionals
are trained to do that.
2:12:50 PM
Co-Chair Meyer asked if it was correct that when building
one's own home, any standard could be used. Mr. Morris
understood that in statute, if a home were built over that
size, a professional would need to review the plan.
Co-Chair Meyer mentioned an existing conflict between the
Homebuilders Association and the Anchorage Municipal Code.
Mr. Morris did not know about codes outside of Juneau.
Co-Chair Meyer thought that the legislation could bring
consistency statewide.
2:15:01 PM
BILL TAYLOR, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE
HOMEBUILDER'S ASSOCIATION, TAYLOR ENTERPRISES, ANCHORAGE,
said the bill's language proposes merely a "housekeeping
measure". It is intended to clean up the statute and the
codes. He believed that the change would have no safety
concern, as all areas where the codes do apply, have
scrutiny and design review schedules.
Representative Kerttula asked clarification if the plan
would be reviewed for safety provisions. Mr. Taylor
responded that there would be a level of scrutiny by every
plan review section.
2:17:55 PM
Representative Joule requested a definition of "three
stories". Mr. Taylor read the definition from the
International Residential Code (IRC): "Anything more than
6' above the great plain or more than 6' above the finished
ground level for more than 50% of the total building
perimeter or more than 12' above the finished ground level
at any point."
2:19:22 PM
PAUL MICHAELSON, (TESTIFIED VIA TELECONFERENCE), NATIONAL
ASSOCIATION OF HOMEBUILDERS, BUILDER, ANCHORAGE, echoed
comments made by Mr. Taylor. He added that most three
story, single family dwelling structures are drawn and
designed by professionals. The designers have the right to
self-engineer the building and then it would move through
the Plan Review Committee. The builders are instructed
where sheer walls & nails are placed. Each designer has the
option to hire an engineer. Mr. Michaelson did not think
that self-engineering would be dangerous to the public.
Co-Chair Meyer noted that testimony had not taken into
consideration how it would affect the areas outside
Anchorage.
2:22:13 PM
Co-Chair Chenault assumed that if any municipality had
building codes, they would be required to build to that
code. Mr. Michaelson explained that the manner in which
International Residential Code (IRC) was developed, there
were several codes used throughout the entire United States.
Most jurisdictions that adopt codes have provisions allowing
building three stories, while considering safety of the
occupants. Co-Chair Chenault clarified that each
municipality adopts their codes. Mr. Michaelson said they
do.
Representative Kelly questioned if current law was being
enforced. Mr. Pawlowski did not know. Individuals building
their own homes do not have to go through the process.
2:25:09 PM
Mr. Pawlowski noted that the building community has
indicated that in areas that have a code and planning review
committee, that process is strictly enforced.
Vice Chair Stoltze pointed out the absence of letters from
municipalities outside of Anchorage. Mr. Pawlowski replied
their office had requested comments from other areas but did
not receive any.
Representative Kerttula asked if a plan review done by the
architect could meet necessary safety concerns. Mr. Morris
said that if the person performing the review has the
expertise to run the calculations, then a safety net would
be available. The concern is given to the loads and the
complexity of the structures, it becomes more complex when
vertically building-up. The State has a method to register
structural engineers to run the calculations and make the
necessary changes. Building codes require much in the
interest of public safety, but if the loads are not
determined, the situation becomes vulnerable. All designs
must meet the national electrical codes. The codes by
themselves are not enough; someone with the expertise is
essential. He knew that the City and Borough of Juneau does
not have a registered structural engineer on staff.
2:30:46 PM
Mr. Michaelson interjected that most lending institutions
require that their structure have an ICPO inspector provide
the proper engineering. He did not believe anything would
slip through the cracks.
Co-Chair Meyer acknowledged he was "uneasy" moving the bill
from Committee and requested Mr. Morris be available for
further discussion with Mr. Pawlowski.
Vice Chair Stoltze reiterated his concerns and asked
assurance that the consideration is a public safety issue
and not an industry protection bill.
2:33:51 PM
Representative Holm mentioned his own situation regarding
costs resulting from homeowner withholding information
regarding a vapor barrier and the costs that accumulated to
more than $90,000 dollars for him and his family. He agreed
with the concerns regarding building codes and the
protection of assets when buying homes.
HB 377 was HELD in Committee for further consideration.
HOUSE BILL NO. 312
An Act relating to pregnant women; requiring hospitals,
schools, and alcohol licensees and permit tees to
distribute information about fetal alcohol effects and
fetal alcohol syndrome; relating to the consumption of
alcoholic beverages by and the sale or service of
alcoholic beverages to a pregnant woman; requiring
involuntary commitment of a pregnant woman who has
consumed alcohol; creating a fund for the prevention
and treatment of fetal alcohol syndrome and fetal
alcohol effects; relating to fines and to the taking of
permanent fund dividends for selling or serving
alcoholic beverages to pregnant women; and increasing
taxes on sales of alcoholic beverages to fund treatment
and education related to fetal alcohol syndrome and
fetal alcohol effects.
2:36:40 PM
REPRESENTATIVE BRUCE WEYHRAUCH, SPONSOR, explained that the
legislation came forward to address the serious matter
relating to Fetal Alcohol Spectrum Disorder (FASD). It is
deplorable that Alaska ranks first in the Nation for the
highest number of children born with FASD. The bill has
evolved, being amended in the House HESS Committee. He
added that there is at least one amendment to the version
before the Committee.
2:38:29 PM
JACQUELINE TUPOU, STAFF, REPRESENTATIVE BRUCE WEYHRAUCH,
said the saddest fact is that FASD is 100% preventable.
FASD is the leading cause of mental retardation in the State
of Alaska. She stressed the problem in Alaska is large.
FASD can cause birth defects, retarding brain function,
arrested emotional and physical development, cause poor
behavior, deformed facial features and harming learning and
sleeping patterns.
Ms. Tupou stated that it has been estimated that the State
of Alaska will pay $3.1 million dollars over the lifetime of
each child with FASD. Right now, that cost amounts to
approximately $45 million dollars a year paid by the State.
Every department is affected by the costs associated by
FASD.
Ms. Tupou explained the changes that had been made to the
House HESS version:
· It requires a continuing education component for
doctors and nurses;
· It provides for an educational requirement targeting
schools and hospitals; and
· It institutionalizes continuing education, training
and diagnosis.
The legislation is a small step forward in addressing the
vast problem throughout Alaska.
2:41:48 PM
Representative Weyhrauch pointed out the five zero inter-
departmental notes and the one fiscal impact note by the
Department of Health and Social Services. Ms. Tupou
corrected, there are three fiscal impact notes from the
Department of Health and Social Services.
2:42:43 PM
PUBLIC TESTIMONY
DIANE CASTO, MANAGER, PREVENTION/EARLY INTERVENTION
SERVICES, DIVISION OF BEHAVIORAL HEALTH, DEPARTMENT OF
HEALTH & SOCIAL SERVICES, testified that the Department of
Health and Social Services is in favor of HB 312,
emphasizing that FASD is preventable. She mentioned the
social belief that drinking during pregnancy is acceptable
in certain circumstances. Ms. Casto discussed, drinking
during pregnancy is not okay at any time by anyone. There
are still medical providers that still do tell women that it
is okay to drink in moderation. The reality is that the
part of the brain most impacted by alcohol evolves
throughout the entire pregnancy. There is no safe time to
drink alcohol.
Ms. Casto addressed developmental issues related to FASD.
She termed the bill a building block and shared the history
of progress relating to the issue. She mentioned a survey
about to be disbursed that will provide much needed data.
Training is an important aspect of the service delivery
system. The intent of the legislation is to work with the
systems already in place that are working.
Ms. Casto advised that currently, there are a number of
functioning diagnostic teams. In the past year, a series of
regional summits were held to identify the needs of each
community. HB 312 closely aligns with what people in the
public are recommending.
Ms. Casto urged that prevention issues be addressed. FASD
requires a two-pronged approach:
· Prevention, and
· Early services in place.
2:50:00 PM
Representative Kelly questioned if other states were
treating it as a crime. Ms. Casto replied, a few states
have found that many of the women with serious alcohol
problems are not receiving services. Women, who would ask
for help, stopped seeking services when a penalty was
imposed. A better plan would be intervention, including
services and that pregnant women should have a priority for
substance abuse treatment.
Representative Kelly inquired about forcibly incarcerating
women. Ms. Casto asked further clarification.
Representative Kelly restated his query. Ms. Casto
addressed the involuntary commitment statute; there are a
few states, which have addressed it with some of the same
problems following that method with the women going "under-
ground", not coming forward for services out of fear. In
Alaska, there is an involuntary commitment statute allowing
family members to go through the courts to commit a person.
2:54:57 PM
Representative Holm questioned the Alaska FASD ratio
compared nationally per 1,000 FASD cases. Ms. Casto said
that, unfortunately, Alaska is not one of the few states
that keep good data on it. In a five-state study, Alaska
was significantly higher, 1.6% per 1,000 for full-blown
FASD. 10% have FAS and 85% have a disability related to
prenatal exposure to alcohol.
Representative Holm shared his concern about the extent of
the problem and lack of data and solutions from a public
health standpoint. He warned that choice is involved and
that forced birth control might be a solution.
Ms. Casto corrected assumptions made by Representative Holm
regarding the amount of available data. Alaska has
extensive data and agreed that there is a lot to be done
with it. Contraception is a large part of the solution and
it is included in the current version of the bill.
Additionally, it is important to look at FASD from a public
health standpoint. She thought the Department could not
support mandatory birth control. Representative Holm
clarified that the data he was referring to was statistics
that show a decrease or increase due to the Department's
intervention.
Ms. Casto shared her history in the FASD program and the
results of having a State registry. Data shows that FASD is
not frequently reported. She described the data changes due
to better reporting and that education should result in a
decline of FASD in the birthrate. The Birth Defects
Registry Data only goes through 1998; currently, the State
has increased their ability to diagnose the condition, with
increased education among medical providers, there has been
an increase in reports.
3:04:41 PM
Representative Holm voiced frustration about lack of data
regarding significant reductions in FASD. He asked what the
Legislature could do to help. He suggested mandatory
incarceration.
Ms. Casto emphasized that the Department has done quite a
lot through awareness campaigns. Behavior has changed with
those who do not have a substance abuse problem. Now the
focus is on women who do having a drinking problem. Early
intervention must reach the women who need substance abuse
treatment before they become pregnant.
3:08:06 PM
Vice Chair Stoltze pointed out that the intended beneficiary
of the bill is the unborn child. He wondered if such a law
could actually be enforced on those who have a disregard of
life. Representative Weyhrauch said they had not gotten
into that.
3:10:32 PM
Representative Joule commented that he had sat on the State
Drug and Alcohol Control Board in the 1980's when FAS was
relatively unknown. He commented on the magnitude of the
problem and maintained that education needs to be constant
because change comes slowly. The State needs to be
consistent. The most compelling fact is the cost to the
State every year at $45 million dollars. The proposed
legislation will save the State a lot of money in the long
run.
3:13:53 PM
Co-Chair Meyer acknowledged everyone is passionate about the
concern.
Representative Kerttula addressed the intent of the
registry. Mr. Casto explained that the information would be
carefully guarded and that the names would not be released.
The registry helps track the concerns.
3:15:09 PM
LAURA ROREM, PARENT NAVIGATOR ON THE FETAL ALCOHOL SYNDROME
DIAGNOSTIC (FASD) TEAM, ADVOCATE FOR PERSONS WITH FASD,
JUNEAU, introduced herself and her affiliation.
LARRY ROREM, PASTOR, SHEPPARD OF THE VALLEY LUTHERN CHURCH,
MEMBER OF THE JUNEAU FETAL ALCOHOL SYNDROME DISORDER (FASD)
TEAM, JUNEAU, explained the role of his church in serving
"marginalized" people in the community. Pastor Rorem
interwove his involvement with the church and that of his
two adopted FASD adult children.
Ms. Rorem discussed HB 312. She addressed the lifetime
reality of adopting two children with FASD, with whom State
services claimed were healthy at the time of adoption. She
presented a photo picture book of her adult children.
Pastor Rorem compared his life to a recent fire at their
church; that fire did not show itself on the surface or the
outside of the church, but inside, there was a lot of
damage. Their adult children suffer from severe brain
damage. They have little support systems within the State
of Alaska. He urged something be done to help prevent the
damage occurring for both the person with FASD and their
caretakers. The "garbage dump" for these people is usually
prison. Anything that can be done to prevent the foundation
damage and apply the appropriate repairs is vital.
Ms. Rorem stressed how important passage of HB 312 is as it
addresses the prevention. It provides for education of
professionals. Lifetime costs for FASD are outrageous. She
noted that they call their children the "million dollar
babies" because so much has been spent on their care. Ms.
Rorem stated that they are exhausted by the realities that
await their children. Both of these young people express
anger toward the effects that alcohol has had on their
lives.
3:22:30 PM
Co-Chair Meyer voiced his appreciation for their testimony.
RIC IANNOLINO, JUNEAU FETAL ALCOHOL SYNDROME DISORDER (FASD)
DIAGNOSTIC CLINIC, JUNEAU, read a letter from a child he
cares for with FAS, literally a physical & mental disability
with permanent and irreparable brain damage.
Mr. Iannolino emphasized that approximately 60% of
individuals with FAS will end up in prisons or mental health
facilities. About 50% of Lemon Creek incarcerated people
were prenatally exposed to alcohol and it is estimated that
70% of the children in foster care were exposed. He
mentioned the facial features of some with FAS, which
thth
develop during the 19-24 day of pregnancy. He made the
analogy of the FASD tragedy to that of Hurricane Katrina.
Mr. Iannolino referenced comments made by a physician at the
University of Washington, Dr. Stiscode, who stated that the
costs associated with all alcohol births are very high,
particularly those with the FASD individuals. Those with
secondary disabilities resulting from FASD are dropping out
of school, going to jail, stealing, experience alcoholism
and homelessness. Those individuals actually need more
services than those with full-blown FAS.
Mr. Iannolino provided information on his background working
with Tlinget-Haida tribes of Alaska and the lead agency for
the FAS diagnostic clinic, providing research through an
international agency studying FASD and his involvement with
the U.S. Indian Health Service. Most people do not realize
that the average person that has a child with FAS is 35
years old, white and professional. The associated costs are
huge; 54% of children in custody are estimated to be FAS.
He stressed the seriousness of the concern and the tragedy
involved in the field.
3:29:25 PM
Representative Holm asked if there had been any reduction in
the numbers. Mr. Iannolino responded that the concern is so
huge and unbelievable. The rates are very high compared to
the rest of the country. Canada has many more services in
place and understands that support services are the way to
address the vastness of these concerns. He urged that
treatment and support services be put in place throughout
Alaska.
3:31:01 PM
Representative Holm agreed it is a difficult issue and that
his wife, a schoolteacher, experienced extreme frustration
and sadness in attempting to deal with the heartbreak and
concern. He hoped to find a way to slow-down the process.
3:31:47 PM
Co-Chair Meyer indicated that the amendment in the file
would be held for consideration at a late date.
SUESHANNA FIONA STEWART-CAMPBELL, (TESTIFIED VIA
TELECONFERENCE), FASD ADULT, FAIRBANKS, stated that she is
an adult FAS survivor. She commented on the challenges that
have kept her from functioning fully in the world, stressing
the difficulties accessing services.
Ms. Stewart-Campbell referred to herself as a "cookie
cutter". Life is raw for those with FAS and many are deeply
wounded in their hearts and souls. She stated that because
of her condition, she has not been able to live a rewarding
life; always being either homeless or among the working
poor. She stressed that FASD diagnostic teams could provide
education for the public, support groups because without
diagnosis and support, these people can not discover the
beauty of their own truth and talents. She urged support to
maintain and increase funding.
3:39:10 PM
JEANNE GERHARBT-CYRUF, (TESTIFIED VIA TELECONFERENCE),
PARENTS, KIANA, spoke on behalf of her six children exposed
to prenatal alcohol and now FASD. She addressed the
continual need for services for individuals and families
impacted by FASD. Her children range between six and
eighteen years of age. They have many challenges,
behavioral, social and language and it affects their ability
to function successfully.
Ms. Gerharbt-Cyruf stressed that unless the concerns are
addressed daily, it is difficult to understand the impact on
individuals and their families. These are individuals at
risk. She urged the legislation be adopted and moved from
Committee.
3:43:21 PM
KARA NYQUIST, (TESTIFIED VIA TELECONFERENCE), ATTORNEY,
ALASKA ASSOCIATION FOR HOMES FOR CHILDREN (AAHC), ANCHORAGE,
stated that among the youth their agency serves, as many as
60% suffer from FASD. There is not a diagnosis for all
those youth. The program has never adequately been funded
and consequently, the agency has not been at a point that
they could collect adequate data. Native youth, at this
time, are the only ones being diagnosed. There is no
funding for non-Native youth. The young being served are
the ones coming back from residential treatment programs and
are the ones in the foster care system. Those kids are
having behavioral problems in school and are found
throughout the criminal justice system.
Ms. Nyquist noted AAHC supports the legislation and hopes
that the Legislature will adequately fund treatment
programs. The Legislature keeps complaining that funding
requests from the Department of Health and Social Services
keep increasing; that is because the State is not investing
the necessary dollars early on; instead, treating only the
crisis. A crisis already exists and funds needs to be
invested in diagnosing the data of those youth who already
have fetal alcohol syndrome. She reiterated, current
funding is inadequate and that the real issue is not being
addressed. AAHC supports HB 312 and would like to see it
accompanied with adequate funding so it can be properly
implemented.
3:47:07 PM
MICHAEL BALDWIN, (TESTIFIED VIA TELECONFERENCE), MENTAL
HEALTH THERAPIST, ANCHORAGE, spoke to his involvement with
FASD in his counseling practice and the devastating impact
of alcohol on these families. He spoke to other problem
areas that are tied to the consequences of prenatal alcohol
exposure such as the high suicide & violence rates.
Mr. Baldwin referenced the public health issues of the
legislation. The public health approach changes cultural
beliefs about alcohol and more people need to be educated
regarding these concerns. The system must change; adequate
funding is essential to help educate the populace. There is
research available that upfront dollars reduce long-range
costs associated with FASD. He echoed support for the
legislation.
PATRICIA SENNER, (TESTIFIED VIA TELECONFERENCE), CHAIR,
LEGISLATIVE COMMITTEE FOR THE ALASKA NURSES ASSOCIATION,
ANCHORAGE, advocated for greater funding reserved for
education and training of nurses addressing FASD. She
stressed that many kids are misdiagnosed and women are still
not being educated regarding the dangers of drinking during
pregnancy. Health care providers are not always recognizing
these children.
Ms. Senner recommended that training for nurse practioners
must include midwife direct entry nurse midwives as well.
Prevention is effective and will change the way services are
provided for those kids. Many of the folks currently
getting training are FASD kids themselves and are now having
children of their own.
3:53:37 PM
Ms. Senner mentioned the "secret-drinking mothers", as more
people know that they should not be drinking during
pregnancy.
3:55:19 PM
CHERYL SCOTT, (TESTIFIED VIA TELECONFERENCE), PARENT OF FASD
CHILD, STONE SOUP GROUP, ANCHORAGE, spoke to her child and
his associated FASD disorder. She addressed all the
conditions that occur with the illness. The area of
developmental disabilities is vast. The Stone Soup Group
has been available to provide support for children around
the State with FASD and sharing resource information. It is
families that cannot access in-home support that need
assistance and are in crisis. The challenge is finding
appropriate childcare. She stressed that it is a tragedy
because these children often do not physically look like
they suffer from FAS.
Ms. Scott recommended family camps. The Stone Soup Group
has been researching the issue since 1997 to determine a
strategy to help these children. She emphasized the number
currently living in foster care because their birth families
are in crisis.
HB 312 was HELD in Committee for further consideration.
HOUSE BILL NO.478
An Act relating to the municipal harbor facility grant
program; and providing for an effective date.
HB 478 was SCHEDULED but not HEARD.
ADJOURNMENT
4:02:49 PM
The meeting was adjourned at 4:03 P.M.
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