05/08/1997 08:21 AM House FIN

                                                                               
                                                                               
                      HOUSE FINANCE COMMITTEE                                  
                            May 8, 1997                                        
                             8:21 A.M.                                         
                                                                               
 TAPE HFC 97-129, Side 1, #000 - end.                                          
                                                                               
 CALL TO ORDER                                                                 
                                                                               
 Co-Chair Therriault called the House Finance Committee meeting to             
 order at 8:21 a.m.                                                            
                                                                               
 PRESENT                                                                       
                                                                               
                                                                               
 Co-Chair Therriault           Representative Kohring                          
 Representative Davies         Representative Martin                           
 Representative Davis          Representative Moses                            
 Representative Foster         Representative Mulder                           
 Representative Grussendorf                                                    
                                                                               
 Co-Chair Hanley and Representatives Kelly, Kohring, Mulder, and               
 Grussendorf were absent from the meeting.                                     
                                                                               
 ALSO PRESENT                                                                  
                                                                               
 Myrna Maynard, Staff, Senator Pearce; Robert Buttcane, Division of            
 Family and Youth Services, Department of Health & Social Services;            
 Garrey Peska, Alaska State Hospital and Nursing Home Association;             
 Jay Livey, Deputy Commissioner, Department of Health & Social                 
 Services; Myrna Maynard, Staff, Senator Pearce; Garrey Peska,                 
 Alaska Hospital and Nursing Home Association; Jay Livey, Deputy               
 Commissioner, Department of Health & Social Services;                         
                                                                               
 SUMMARY                                                                       
                                                                               
 SB 3      "An Act authorizing prosecution and trial in the district           
           court of municipal curfew violations."                              
                                                                               
           SB 3 was HELD in Committee for further consideration.               
                                                                               
 SB 149    "An Act relating to reports and audits concerning health            
           care facilities; and providing for an effective date."              
                                                                               
           SB 149 was reported out of Committee with a "do pass"               
           recommendation and with a zero fiscal note by the                   
           Department of Health & Social Services.                             
                                                                               
 SENATE BILL NO. 3                                                             
                                                                               
           "An Act authorizing prosecution and trial in the district           
           court of municipal curfew violations."                              
                                                                               
           SB 3 was HELD in Committee for further consideration.               
                                                                               
 MYRNA MAYNARD, STAFF, SENATOR PEARCE testified in support of SB 3.            
 She explained that the legislation is the result of a                         
 recommendation by the Juneau Assembly to allow curfew violations to           
 be handled in state district courts.  Currently, district courts              
 handle juvenile offenses related to alcohol, tobacco, traffic, fish           
 and game, and parks and recreation.  Other juvenile offenses are              
 handled by the Division of Family and Youth Services in the                   
 Department of Health & Social Services.  The Department of Health             
 & Social Services does not have the resources to process curfew               
 offenses.                                                                     
                                                                               
 Co-Chair Therriault clarified that no citations are issued unless             
 a municipality has its own municipal court system, since there is             
 no court to process violations.                                               
                                                                               
 Representative Davis observed that communities have local option to           
 determine the range of penalties.  Ms. Maynard noted that Anchorage           
 has municipal and juvenile courts.                                            
                                                                               
 ROBERT BUTTCANE, JUVENILE PROBATION OFFICER, DIVISION OF FAMILY AND           
 YOUTH SERVICES, DEPARTMENT OF HEALTH AND SOCIAL SERVICES expressed            
 concern with the placement of curfew violations under district                
 court.  He stressed that youth facilities could be exposed to                 
 increased population referrals.  He noted that HB 16 would limit              
 sanctions for curfew violations to civil remedies.  He stated that            
 the Department would prefer to limit the court's ability to place             
 juveniles in detention for violations of curfew.  He clarified that           
 the Department does not object to community work service.                     
                                                                               
 Ms. Maynard stated that Judge Froehlich indicated that the increase           
 in workload will be minimal.  She stressed that juveniles can be              
 deterred before they commit more serious crimes.                              
                                                                               
 Representative Martin spoke in support of the legislation.  He                
 emphasized that concerns can be addressed later.  Mr. Buttcane                
 noted that the Department supports enabling communities to deal               
 with issues confronting them.  He noted that curfew violations have           
 resulted in an 8 percent increase of detainees at the Johnson Youth           
 Center.  He noted that the facility is overcrowded.  He reiterated            
 the Department's support for a civil sanction.                                
                                                                               
 Representative Davies indicated that he would offer an amendment              
 relating to the issue at a later time.                                        
                                                                               
 SB 3 was HELD in Committee for further consideration.                         
                                                                               
 SENATE BILL NO. 149                                                           
                                                                               
      "An Act relating to reports and audits concerning health care            
      facilities; and providing for an effective date."                        
                                                                               
 GARREY PESKA, ALASKA STATE HOSPITAL AND NURSING HOME ASSOCIATION              
 spoke in support of SB 149.  He noted that the Association has                
 worked with the Department of Health & Social Services on the                 
 legislation.  He explained that the Department's hearing officer              
 has called into question whether or not Alaska statutes                       
 specifically allow the Department to use medicaid audits to set               
 medicaid reimbursement rates for hospitals and nursing homes.  The            
 legislation specifies that the Department of Health & Social                  
 Services may use the audits for this purpose.  Federal law requires           
 that the audits be performed.                                                 
                                                                               
 JAY LIVEY, DEPUTY COMMISSIONER DEPARTMENT OF HEALTH AND SOCIAL                
 SERVICES spoke in support of the legislation.                                 
                                                                               
 Representative Foster MOVED to report SB 149 out of Committee with            
 individual recommendations and the accompanying fiscal note.  There           
 being NO OBJECTION, it was so ordered.                                        
                                                                               
 SB 149 was reported out of Committee with a "do pass"                         
 recommendation and with a zero fiscal note by the Department of               
 Health & Social Services.                                                     
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 The meeting adjourned at 8:36 p.m.