Legislature(1993 - 1994)
02/24/1994 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 378 - REVISE OLDER ALASKANS COMMISSION Number 360 CHAIR VEZEY opened HB 378 for discussion. Number 368 NANCY USERA, COMMISSIONER, DEPARTMENT OF ADMINISTRATION, testified in favor of HB 378. She stated Governor Hickel has submitted a package of three bills to the legislature in an effort to strengthen the safety net and provide a better continuum of care for seniors in Alaska. She said HB 378 follows through on an administrative order, having gone into effect earlier in 1994, which merged the Division of Pioneer Benefits and the Division of the Older Alaskans Commission into one administrative division. MS. USERA explained that HB 378 establishes a more centralized delivery system for senior citizens and one point of entry for seniors into the system. A concern, expressed by seniors throughout the state, is that it can be very confusing trying to access available services because of the wide variety of divisions. MS. USERA said both the Older Alaskans Commission and the Division of Pioneer Home Advisory Board will remain virtually intact as they were before. The Older Alaskans Commission becomes the Alaska Commission on Aging, being more consistent with interfacing federal funding and actions in other states. MS. USERA stated HB 378 reduces the mandatory number of meetings for the Pioneer Home Advisory Board and the Commission on Aging because it is very difficult to get them to meet on a regular basis. MS. USERA said an interchange of information will be created by HB 378 when the chairman of one commission will be a member of the other board, and vice versa. MS. USERA noted that HB 378 provides a term limit whereby current members will be allowed to serve up to eight more years and then it transitions to staggered terms. MS. USERA noted the Pioneer Home Advisory Board is very supportive of term limits. MS. USERA said the chairperson of the pioneers' home board and the commissioner of Health & Social Services, Community and Regional Affairs administration, are made voting members of the Commission on Aging, rather than non-voting. MS. USERA said the governor will be empowered to appoint the chairman of each of the boards. She noted this provision is probably the only one out of all three bills with opposition to it. Both of the boards would prefer to elect their own chairman among the members because they feel they are better suited to determine who would be the best to perform chairmanship duties. MS. USERA explained the opposite view, whereby the Commission on Aging, "which has a statutory mandate to also be an advocate for those programs, to have a chairman personally appointed by the governor, it strengthens that board's access to the executive office and provides better conduit for advocacy." She felt it would be in the best interest of the boards to establish this relationship with the governor. MS. USERA noted HB 378 includes language to clarify the executive director of the commission carries out the policies and decisions of the board. MS. USERA said HB 378 allows the commission the flexibility to reduce, or waive, or match requirements for grantees, when the waiver is in the public's interest. MS. USERA introduced CONNIE SIPE, EXECUTIVE DIRECTOR OF THE DIVISION OF SENIOR SERVICES, DEPARTMENT OF ADMINISTRATION, AND FORMER EXECUTIVE DIRECTOR OF THE OLDER ALASKANS COMMISSION, to offer her testimony to the committee. She stated the committee should have letters of support from both boards, the AARP, and other seniors organizations with regard to the governor's initiative. They are, however, opposed to the one provision which states the governor will appoint the chairman. Number 453 REPRESENTATIVE G. DAVIS believed MS. USERA's explanation of Section 7, which states, "the governor shall designate the chairman of the commission", implied she wanted access easier for the governor, as opposed to easier for the commission. REP. DAVIS said he had been approached with this concern and the commission would be more comfortable choosing their own chairman. Number 468 MS. USERA responded that all of the appointees on the commission are appointees of the governor. She noted each person is appointed by the governor in any case. She and the people who have worked with boards and commissions have observed that when there is a close working relationship between the chairman of a commission and the governor's office, the issues before that commission raise the level of attention it gets. She stated her intention was to make sure senior's program issues maintain a high policy level profile. MS. USERA responded to REPRESENTATIVE G. DAVIS that Section 7 was not for the purpose of easing the relationship for the governor, it is to provide better advocacy and more policy consideration to senior's issues. Number 489 REPRESENTATIVE G. DAVIS continued it was his understanding that HB 378 is merging two commissions; however, it still talks about the Pioneers' Home Advisory Board. He did not see where it was eliminated. Number 496 MS. USERA replied the two divisions are not merged. She said HB 378 maintains both boards separately, but houses them in a single division administratively. The Older Alaskans Commission has a name change and the Pioneers' Home Advisory Board stays virtually as it is. Number 501 REPRESENTATIVE G. DAVIS questioned if they could be merged. Number 503 REPRESENTATIVE FRAN ULMER recollected Governor Hickel, when first elected, went through a proces of merging and eliminating commissions, and she thought the Older Alaskans Commission and the Pioneers' Home Advisory Board were slated for a merger. She then asked why they are not, and is it because their missions are so distinctly different. Number 509 MS. USERA responded that at one time the Older Alaskans Commission was banned from discussing anything that pertained to the Pioneers' Home Advisory Board. She said HB 378 would be a huge step in bringing senior's programs together and merging them. The primary function of the Pioneers' Home Advisory Board is to conduct annual reviews of the homes by interfacing with local councils and doing on sight reviews. Bonding the commissions administratively will create more consistent policies. The Department of Administration felt the pioneers still had a real need to have their own identification. Number 529 REPRESENTATIVE ULMER felt HB 378 was more housekeeping and administrative action, rather than a policy question. She asked what the senior citizen's perspective was of the difference HB 378 will make. CHAIR VEZEY interrupted and asked the teleconference operator to disconnect the teleconference if she could determine the source of the technical difficulties. Number 539 MS. USERA agreed HB 378 is primarily housekeeping. She said HB 378 is necessary to clean up the statutes as the result of the administrative order, which merged the two divisions. The adult protection functions and assistant living licensing will move into this division. Number 554 REPRESENTATIVE ULMER commented that the division would be "sort of like one stop shopping." Number 555 MS. USERA agreed. Number 556 REPRESENTATIVE KOTT inquired how the chairperson is selected presently for the two boards. Internally from the membership? Or is the governor determining the chairperson? Number 560 MS. USERA answered that the governor appoints the members of the commission and then the members elect their chairman among themselves. Number 561 REPRESENTATIVE KOTT asked if this process was not working well. Number 562 MS. USERA said the question is not whether HB 378 would be fixing something that is "broken," rather it is a question of implanting something that may do a better job at providing policy development and focusing on senior's issues. The commissions need not just give advice to the administrators, but actually have a real role in developing policies affecting the senior constituency in Alaska. When her department looked at things to help senior's policy advance, having the governor designate the chairperson was one of the recommendations. REPRESENTATIVE G. DAVIS clarified there had been opposition to this action. MS. USERA responded, not the seniors particularly, but the boards themselves prefer to elect their own chairman. REPRESENTATIVE OLBERG questioned if a provision making an all senior services needs base would be a simple addition to HB 378. MS. USERA answered no, it would be a simple addition. REPRESENTATIVE OLBERG clarified it would be complicated. MS. USERA said it would be very complicated. REPRESENTATIVE OLBERG asked if it would be worth considering. Number 588 MS. USERA responded it would not be the intent of HB 378. Number 589 CHAIR VEZEY asked for further questions from the committee. Having no more questions from the committee, he stated it was not necessary for CONNIE SIPE testify. Number 595 REPRESENTATIVE G. DAVIS recalled COMMISSIONER USERA to ask her another question. He asked how objectionable the Department of Administration would be if the committee allowed the commissions to elect their chair. Number 599 MS. USERA replied that the "governor certainly would not veto the bill if that were to occur." Number 602 REPRESENTATIVE KOTT asked if there were any further witnesses to testify on HB 378. Number 605 CHAIR VEZEY said there were additional witnesses by teleconference; however, all teleconference sites had been disconnected. Number 606 REPRESENTATIVE KOTT asked what CHAIR VEZEY's intent was on HB 378 and if he intended to move it to Health & Social Services. Number 608 CHAIR VEZEY responded that HB 378 could be amended, held in committee, or passed on as is. He noted he had reviewed it and felt COMMISSIONER USERA had explained it well. Number 612 REPRESENTATIVE KOTT moved to amend page 3, Section 7, with language to ensure the commission members would determine their own chairman. He could see the rationale to have the governor appoint the chair; however, a dominating chairperson may cause problems in the future. CHAIR VEZEY recognized the amendment and stated the amendment would probably be just to delete Section 7. He asked for the committee aide to hand him Title 44. CHAIR VEZEY stated the "current statute provides that the commission shall elect one of its members as chairperson, and may select other officers if considered necessary." He asked REPRESENTATIVE KOTT if deleting Section 7 would be his motion. REPRESENTATIVE KOTT said deleting Section 7 would be the motion. Number 642 CHAIR VEZEY recognized the motion to delete Section 7. Number 643 REPRESENTATIVE ULMER stated Section 7 only deals with the Commission on Aging, not the chairmanship of the Pioneers' Home Advisory Board. Deleting Section 7 would only be half of the amendment. She suggested deleting subsection (c), line 17, on page 2. Number 659 CHAIR VEZEY noted the section would have to be reworded. Number 661 REPRESENTATIVE ULMER believed deleting subsection (c), line 17, on page 2, would be enough and the section could be left as is. Number 664 REPRESENTATIVE KOTT stated Amendment 1 one would be to delete line 17, Section 3, subsection (c), on page 2, and also Section 7, lines 11-13, on page 3. Number 670 CHAIR VEZEY recognized the motion to amend HB 378. The committee secretary called roll, and Amendment 1 passed by a simple majority. CHAIR VEZEY said he preferred to have the committee substitute before the committee before passing it out. Hearing no more questions or comments, HB 378 was held over in committee. CHAIR VEZEY called for a short recess at 8:47 a.m. TAPE 94-18, SIDE B Number 000 CHAIR VEZEY called the meeting back to order at 9:02 a.m. and opened discussion on HB 394.
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