Legislature(1997 - 1998)

04/28/1998 03:15 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE HEALTH, EDUCATION AND SOCIAL                                    
            SERVICES STANDING COMMITTEE                                        
                   April 28, 1998                                              
                     3:15 p.m.                                                 
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Representative Con Bunde, Chairman                                             
Representative Joe Green, Vice Chairman                                        
Representative Brian Porter                                                    
Representative Fred Dyson                                                      
Representative J. Allen Kemplen                                                
Representative Tom Brice                                                       
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Representative Al Vezey                                                        
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
HOUSE BILL NO. 426                                                             
"An Act relating to the establishment of Operation About Face as an            
alternative type of juvenile detention and treatment."                         
                                                                               
     - HEARD AND HELD                                                          
                                                                               
CS FOR SENATE CONCURRENT RESOLUTION NO. 11(FIN)                                
Creating the Long-Term Care Task Force.                                        
                                                                               
     - PASSED CSSCR 11(FIN) FROM COMMITTEE                                     
                                                                               
HOUSE BILL NO. 434                                                             
"An Act requiring drug testing for applicants for and recipients of            
assistance under the Alaska temporary assistance program; and                  
providing for an effective date."                                              
                                                                               
     - HEARD AND HELD                                                          
                                                                               
(* First public hearing)                                                       
                                                                               
PREVIOUS ACTION                                                                
                                                                               
BILL: HB 426                                                                   
SHORT TITLE: JUVENILE BOOT CAMP PROGRAM                                        
SPONSOR(S): REPRESENTATIVES(S) MULDER                                          
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 2/16/98      2334     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 2/16/98      2334     (H)  HES                                                
 4/28/98               (H)  HES AT  3:00 PM CAPITOL 106                        
                                                                               
BILL: SCR 11                                                                   
SHORT TITLE: LONG-TERM CARE TASK FORCE                                         
SPONSOR(S): SENATOR(S) SHARP, Duncan, Ward, Adams, Ellis,                      
Hoffman, Kelly, Taylor, Wilken, Torgerson, Mackie, Green;                      
REPRESENTATIVE(S) Hudson                                                       
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 4/11/97      1102     (S)  READ THE FIRST TIME - REFERRAL(S)                  
 4/11/97      1102     (S)  HES, FIN                                           
 3/02/98               (S)  HES AT  9:00 AM BUTROVICH ROOM 205                 
 3/02/98               (S)  MINUTE(HES)                                        
 3/04/98               (S)  MINUTE(HES)                                        
 3/04/98      2732     (S)  HES RPT  CS  4DP           SAME TITLE              
 3/04/98      2732     (S)  DP: WILKEN, LEMAN, WARD, GREEN                     
 3/04/98      2732     (S)  FN TO SCR & CS (LAA)                               
 3/04/98      2732     (S)  ZERO FNS TO SCR & CS (DCED, GOV)                   
 3/10/98      2819     (S)  COSPONSOR: WARD                                    
 3/18/98               (S)  FIN AT  9:00 AM SENATE FINANCE 532                 
 3/19/98               (S)  FIN AT 10:00 AM SENATE FINANCE 532                 
 3/19/98               (S)  MINUTE(RLS)                                        
 3/19/98      2895     (S)  FIN RPT  CS  3DP 2NR      SAME TITLE               
 3/19/98      2895     (S)  DP: SHARP, PHILLIPS, ADAMS                         
 3/19/98      2895     (S)  NR: PARNELL, DONLEY                                
 3/19/98      2895     (S)  PREVIOUS FN (LAA)                                  
 3/19/98      2895     (S)  PREVIOUS ZERO FN (GOV, DCED)                       
 3/20/98      2918     (S)  RULES TO CALENDAR  3/20/98                         
 3/20/98      2921     (S)  READ THE SECOND TIME                               
 3/20/98      2922     (S)  FIN  CS ADOPTED UNAN CONSENT                       
 3/20/98      2922     (S)  COSPONSOR(S):  ADAMS, ELLIS, HOFFMAN               
 3/20/98      2922     (S)  KELLY, TAYLOR, WILKEN, TORGERSON                   
 3/20/98      2922     (S)  MACKIE, GREEN                                      
 3/20/98      2922     (S)  PASSED Y18 N- E2                                   
 3/20/98      2925     (S)  TRANSMITTED TO (H)                                 
 3/23/98      2701     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 3/23/98      2701     (H)  HES, FINANCE                                       
 3/23/98      2715     (H)  CROSS SPONSOR(S): HUDSON                           
 4/09/98               (H)  HES AT  3:00 PM CAPITOL 106                        
 4/09/98               (H)  MINUTE(HES)                                        
 4/28/98               (H)  HES AT  3:00 PM CAPITOL 106                        
                                                                               
BILL: HB 434                                                                   
SHORT TITLE: DRUG TESTING OF WELFARE RECIPIENTS                                
SPONSOR(S): REPRESENTATIVES(S) ROKEBERG                                        
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 2/18/98      2354     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 2/18/98      2354     (H)  HES, JUDICIARY                                     
 4/23/98               (H)  HES AT  3:00 PM CAPITOL 106                        
 4/23/98               (H)  MINUTE(HES)                                        
 4/28/98               (H)  HES AT  3:00 PM CAPITOL 106                        
                                                                               
WITNESS REGISTER                                                               
                                                                               
REPRESENTATIVE ELDON MULDER                                                    
Alaska State Legislature                                                       
Capitol Building, Room 501                                                     
Juneau, Alaska 99801-1182                                                      
Telephone:  (907) 465-2647                                                     
POSITION STATEMENT:  Testified as sponsor of HB 426.                           
                                                                               
ROBERT BUTTCANE, Administrative Juvenile Probation Officer                     
Department of Health and Social Services                                       
P.O. Box 110630                                                                
Juneau, Alaska  99811                                                          
Telephone:  (907) 465-3228                                                     
POSITION STATEMENT:  Testified on HB 426.                                      
                                                                               
JOHN CYR, President                                                            
NEA-Alaska                                                                     
114 Second Street                                                              
Juneau, Alaska  99801                                                          
Telephone:  (907) 586-3090                                                     
POSITION STATEMENT:  Testified in support of HB 426.                           
                                                                               
MARILYN WILSON, Legislative Assistant                                          
   to Senator Bert Sharp                                                       
Alaska State Legislature                                                       
Capitol Building, Room 516                                                     
Juneau, Alaska  99801-1182                                                     
Telephone:  (907) 465-3004                                                     
POSITION STATEMENT:  Presented sponsor statement for CSSCR 11(FIN).            
                                                                               
MARIE DARLIN, Legislative Chairman                                             
National Association of Retired Federal Employees                              
415 Willoughby Avenue, Number 506                                              
Juneau, Alaska  99801                                                          
Telephone:  (907) 586-3637                                                     
POSITION STATEMENT:  Testified in support of CSSCR 11(FIN).                    
                                                                               
VERA GAZAWAY, Representative                                                   
Older Persons Action Group                                                     
515 Willoughby Avenue, Number 415                                              
Juneau, Alaska 99801                                                           
Telephone:  (907) 586-1777                                                     
POSITION STATEMENT:  Testified in support of CSSCR 11(FIN).                    
                                                                               
REPRESENTATIVE NORM ROKEBERG                                                   
Alaska State Legislature                                                       
Capitol Building, Room 24                                                      
Juneau, Alaska  99801-1182                                                     
Telephone:  (907) 465-4968                                                     
POSITION STATEMENT:  Testified as sponsor of HB 434.                           
                                                                               
RON KREHER, Special Assistant                                                  
Division of Public Assistance                                                  
Department of Health and Social Services                                       
P.O. Box 110640                                                                
Juneau, Alaska  99811-0640                                                     
Telephone:  (907) 465-3349                                                     
POSITION STATEMENT:  Testified on HB 434.                                      
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-49, SIDE A                                                             
Number 0001                                                                    
                                                                               
CHAIRMAN CON BUNDE called the House Health, Education and Social               
Services Standing Committee meeting to order at 3:15 p.m.  Members             
present at the call to order were Representatives Bunde, Dyson,                
Kemplen and Brice.  Representatives Green and Porter arrived while             
the meeting was in progress. Representative Vezey was absent.                  
                                                                               
HB 426 - JUVENILE BOOT CAMP PROGRAM                                            
                                                                               
Number 0063                                                                    
                                                                               
CHAIRMAN BUNDE said the first order of business to come before the             
Committee was HB 426, "An Act relating to the establishment of                 
Operation About Face as an alternative type of juvenile detention              
and treatment."  He asked Representative Mulder to come forward to             
present his bill.                                                              
                                                                               
Number 0080                                                                    
                                                                               
REPRESENTATIVE ELDON MULDER, Alaska State Legislature, sponsor of              
HB 426, said for the past several years, the Alaska National Guard             
has been running the Challenge Program which is addressed and                  
focused toward juveniles who are at risk.  House Bill 426 takes it             
one step further and proposes the "Operation About Face" program               
to run side-by-side with the Challenge Program.  The "Operation                
About Face" Program would focus on juveniles who are actually                  
confined or placed in juvenile facilities, but would allow them the            
opportunity to go into a 22-week program similar to a boot camp                
program as a means of confinement and to rehabilitation.  He said              
Alaska had the luxury of learning from other states and HB 426 is              
a model used by many states.  He noted a couple states have done               
very well with the program while other states have failed because              
too many kids were thrown into the program without adequate                    
oversight and supervision or after-care.  This legislation focuses             
on adequate supervision throughout the program and supervision in              
after care.                                                                    
                                                                               
Number 0195                                                                    
                                                                               
REPRESENTATIVE MULDER said the purpose of House Bill 426 is to                 
allow the Department of Health and Social Services to provide an               
alternative means of dealing with juvenile offenders.  An                      
"Operation About Face" Program is designed to take first time                  
juvenile offenders and provide them with the skills and attitudes              
they will need to become productive Alaskans.  The program will                
consist of a 22-week period of intense military-style physical                 
training, work, and discipline and a period of after-care                      
consisting of not less than six months of intensive probation                  
supervision and services.  The program would include education, job            
training and placement, community service, substance abuse                     
counseling and treatment, health and mental health care and                    
continuous individualized case management.  Once a juvenile is                 
assigned to the custody of the department, the department will                 
select which juveniles they feel will most benefit from the                    
program.  Juveniles may be assigned to the program if the juvenile:            
1) has not been adjudicated delinquent, or committed to the custody            
of the department more than once; 2) is over 16 years of age but               
not more than 18 years of age at the time of placement; 3) has been            
committed to the custody of the department for not less than 160               
days; 4) has not been convicted of or adjudicated delinquent for a             
sexual offense; and 5) has not previously completed the program.               
                                                                               
REPRESENTATIVE MULDER stated these last five points focus on the               
strengths of the programs that have been successful.  He didn't                
believe this legislation at this late date would move all the way              
through the legislative process, but he expressed his appreciation             
to the committee for hearing the bill.  He didn't view this bill as            
a final solution to the problem of juvenile detention, but rather              
as a piece of the puzzle that provides an alternative to simply                
throwing kids behind bars.                                                     
                                                                               
Number 0360                                                                    
                                                                               
CHAIRMAN BUNDE asked if Representative Mulder conceptualized this              
as being a parallel program to the Challenge Program or would these            
kids be intermingled with the Challenge Program.                               
                                                                               
REPRESENTATIVE MULDER said it would be parallel.                               
                                                                               
CHAIRMAN BUNDE said his experience with the Challenge Program has              
been very positive, but he wanted to relate an experience:  "I went            
to one of their first graduations and these kids were really                   
spiffed up and looking great and after it was all over, there was              
lots of hugging and carrying on and I ran into two of these guys in            
the men's room and they were hugging each other and they were so               
happy and for former, what I would have called for a lack of a                 
better term, "street toughs", they were pretty emotional and one               
said to the other, 'Man, we made it; we got our GEDs and we're not             
in jail.'  At first I thought boy, what an indictment of the                   
program, but then I thought, they're right - they wouldn't have                
their GED and they probably would be in jail."  He said this                   
program is keeping some kids out of jail, and the program being                
proposed by Representative Mulder is a parallel program that would             
keep kids from going back to jail.                                             
                                                                               
REPRESENTATIVE MULDER said that was absolutely true.  He added the             
Challenge Program has been far more successful than he imagined and            
because of its success, he believed it made good sense to run a                
program utilizing the same instructors, the same regiment, at the              
same location, but the separation of fence, but utilizing that same            
primary focus that "Challenge" is going toward.                                
                                                                               
Number 0472                                                                    
                                                                               
CHAIRMAN BUNDE asked if the funds for this program would come from             
the Department of Correction's budget or new money.                            
                                                                               
REPRESENTATIVE MULDER said it's new money, and it's one of the                 
hurdles that need to be overcome.  He noted there are proposals to             
expand MacLaughlin Youth Center again, as well as other juvenile               
facilities around the state and as he started looking at the matrix            
at what needs to be done in terms of juvenile corrections, he                  
believed this is one piece that should be explored.                            
                                                                               
Number 0523                                                                    
                                                                               
REPRESENTATIVE TOM BRICE asked, "Why not specifically --                       
delinquents who have been adjudicated for a sexual offense -- in my            
talking and dealing with all these folks, those are probably the               
people that need the most intensive work."                                     
                                                                               
REPRESENTATIVE MULDER said it was mostly from the predation factor;            
that this is reduced down to a somewhat minimum security operation             
and nothing would ruin a program faster than to have an unwanted               
encounter and because both sexes are involved in the program, most             
successful states have stayed away from including individuals                  
convicted of those types of crimes as participants in the program.             
                                                                               
Number 0597                                                                    
                                                                               
REPRESENTATIVE J. ALLEN KEMPLEN asked the reason why Representative            
Mulder chose 16 as the age for participants in the program.                    
                                                                               
REPRESENTATIVE MULDER said it was in the model and basically those             
are the individuals addressed in the Challenge Program.  He added              
the Challenge Program currently is applied to youth 16-, 17- and               
18-years-old and it is his intent to run this program parallel to              
the Challenge Program.                                                         
                                                                               
Number 0650                                                                    
                                                                               
REPRESENTATIVE KEMPLEN remarked one of the issues he has come                  
across is the need for programs designated for youth at a younger              
age.  He recently learned that the sixth grade is a transition                 
period in the development of youth and Anchorage, for example, has             
a fairly substantial momentum to create middle schools for sixth,              
seventh and eighth grades because they are recognizing that as a               
transition period for kids.  His constituents have often expressed             
the need for this type of program for 11- and 12-year-old kids,                
which is the critical phase of development.  He noted that most                
programs are for 16- and 17-year-old kids, after they're locked                
into the juvenile pattern.  He asked if there was any opportunity              
to make this type of program applicable to a younger age group in              
terms of operating as a parallel path to compliment the Challenge              
Program.                                                                       
                                                                               
REPRESENTATIVE MULDER said Representative Kemplen had brought up a             
lot of good points, most of which he agreed with in terms of being             
able to attack the problem as early as possible.  He was attempting            
to stay within the constraints of the focus of Challenge and                   
provide that parallel so as not to create a lot of new operational             
expenses; it certainly could be a lot more expensive than what's               
projected now.  He said the Department of Health and Social                    
Services may be the appropriate agency to discuss the potential                
opportunities for the younger age groups.  He commented his focus              
has really been to create the parallel track and in so doing, it               
not only helps with this program, but because there's a certain                
amount of economy and size being provided to the program, it helps             
make the Challenge Program more cost efficient.  That is a concern             
of his because the federal government is putting more of the                   
financial burden of the Challenge Program on to the state, so if               
that program can be more fully utilized to not only run these at               
risk youth, but also the juvenile detainees, it would make that                
program more efficient and more justified.                                     
                                                                               
CHAIRMAN BUNDE asked Mr. Buttcane from the Department of Health and            
Social Services to come before the committee at this time.                     
                                                                               
Number 0930                                                                    
                                                                               
ROBERT BUTTCANE, Administrative Juvenile Probation Officer,                    
Department of Health and Social Services, said the department's                
official position is to oppose HB 426 because of some technical                
issues, but conceptually strongly supports the boot camp concept.              
He commented that as Representative Mulder had pointed out, the                
Challenge Program is a proven, successful program that really is a             
viable option for a number of young people.  The program proposed              
in this bill, "Operation About Face" has shown some promise and                
potential in other states.  The Office of Juvenile Justice                     
Delinquency Prevention has studied this type of program and has                
found it is an effective intermediate intervention when it is                  
coupled with a strong after-care component, which HB 426 does                  
provide.  He said one of the technical problems the department has             
with HB 426 is that because it's written as an alternative to                  
juvenile institutional placement, the department doesn't know if it            
would be able to generate sufficient numbers of referrals to                   
justify an operational budget or the expenditure of building                   
facilities to house this kind of program.  He didn't see that as an            
insurmountable problem in that when looking at some of the other               
kinds of offender populations that could be channeled into this                
program, he thought some of those practical needs could be met in              
terms of getting sufficient numbers to justify the development and             
operation of a program.                                                        
                                                                               
MR. BUTTCANE said the department has discussed this with the people            
from the Challenge Program, as well as the National Guard and                  
everyone is supportive of the concept, but further discussions                 
regarding the details are needed.                                              
                                                                               
Number 1075                                                                    
                                                                               
MR. BUTTCANE said with regard to Representative Kemplen's concern              
about younger adolescents, typically mixing an older adolescent                
group with a younger population is not advisable for a number of               
reasons:  different cognitive developmental stages, different                  
issues, et cetera.  That's not to say that the younger offender                
population needs should be ignored, but quite honestly, the                    
department's resources have been devoted to the middle or later                
adolescent offender populations.  He added this type of program                
nationwide has been more successful with the older adolescent                  
population and is geared to that type of offender population which             
he thought should be continued, but efforts should be made to                  
enhance the resources for the other age group through some other               
venue.                                                                         
                                                                               
Number 1118                                                                    
                                                                               
REPRESENTATIVE BRICE said inasmuch as the proposal is to run the               
Challenge and Operation About Face side-by-side, he wondered if                
there would be a problem housing adjudicated juvenile delinquents              
with minors who have not been adjudicated a delinquent.                        
                                                                               
MR. BUTTCANE said it was his understanding there would be two                  
separate programs so the adjudicated youth would be housed                     
separately and would actually be going through a more intense type             
of program than what the population currently enrolled in the                  
Challenge Program would be subject to.  He noted there are some                
differences between the two programs in terms of the national                  
development of these different programs - the Challenge Program is             
seen more as a voluntary intermediate intervention approach,                   
whereas the Operation About Face Program is one where the court and            
the youth corrections entities have compelled the person's                     
attendance in that program, although there is some level of                    
willingness on the part of the participant or they wouldn't be                 
necessarily be selected.  The levels of freedoms, the levels of                
choices, the willingness to participate in certain activities or               
components of the program are different when looking at the                    
adjudicated population as opposed to those who have voluntarily                
agreed to participate.  He reiterated they really are two separate             
groups and it's his understanding the department would look at a               
whole new program, hopefully, running parallel to the Challenge                
Program but there wouldn't be the intermingling of the populations.            
                                                                               
Number 1222                                                                    
                                                                               
REPRESENTATIVE KEMPLEN asked if the department's data indicates a              
number of adjudicated youth in early adolescence or is it not until            
later on in the youthful years.                                                
                                                                               
MR. BUTTCANE didn't recall what the numbers were for Alaska, but               
there has been an increase in the numbers of younger adolescents               
being adjudicated delinquent, but that doesn't constitute the                  
majority of youth that are adjudicated in the state; the majority              
still fall in the middle adolescent range of ages 15-16.  He added             
in general, the department is seeing an increase in the number of              
younger children being referred into the delinquency system;                   
there's an increase in the numbers of 10- and 11-year-olds coming              
to attention and absent a real serious violation, the department               
tries not to adjudicate them delinquent but rather try to work with            
them through other means and avenues.  He added those resources                
need to be improved and enhanced which is being looked at by the               
department.  He noted there's a lot of family work involved with               
the younger adolescents as opposed to the older adolescents - it's             
a different approach, a different program perspective.  His                    
personal experience has been that when an 11- or 12-year-old                   
delinquent is adjudicated, it's almost condemning them to a life               
though the delinquency system so a number of options are tried to              
keep them out of the formal delinquency system.                                
                                                                               
REPRESENTATIVE KEMPLEN reiterated that early adolescence is the                
period of time that really needs to be focused on in terms of                  
adequate services being available to meet their needs.  He asked               
Mr. Buttcane to provide him with information on what programs the              
department has available for the early adolescence group.                      
                                                                               
CHAIRMAN BUNDE thanked Mr. Buttcane for his comments and asked John            
Cyr to come forward to present his remarks at this time.                       
                                                                               
Number 1400                                                                    
                                                                               
JOHN CYR, President, NEA-Alaska, said NEA-Alaska is in favor of                
this type of alternative program.  He stated the state needs to                
take a hard look at this issue and figure out how to build a                   
program.  There are too many young people in this age bracket and              
younger who need that kind of special care, so the more that can be            
done to build alternative programs for these children, the better              
off the state will eventually be.                                              
                                                                               
Number 1440                                                                    
                                                                               
CHAIRMAN BUNDE asked if anyone else wished to testify on HB 426.               
There being no additional witnesses, he closed public testimony and            
said HB 426 would be held in committee.                                        
                                                                               
CSSCR 11(FIN) - LONG-TERM CARE TASK FORCE                                      
                                                                               
Number 1460                                                                    
                                                                               
CHAIRMAN BUNDE announced the next item on the agenda was CSSCR 11              
(FIN), Creating the Long-Term Care Task Force.  He asked Marilyn               
Wilson to come forward to present CSSCR 11(FIN).                               
                                                                               
Number 1450                                                                    
                                                                               
MARILYN WILSON, Legislative Assistant to Senator Bert Sharp, Alaska            
State Legislature, read the following sponsor statement into the               
record:  "As Alaska's senior community grows, it is necessary that             
we plan for the long-term care and needs of these citizens.  While             
it is the desirable goal of most families to provide home care for             
their elderly parents, the reality is that most will live in a                 
long-term care facility.  Either way, the costs of providing long-             
term care is becoming insurmountable to the state and to our                   
private citizens.  In an effort to assure our senior citizens are              
getting the best care possible, the legislature in 1996,                       
established a working group to analyze long-term care services                 
available in the state and their projected costs.  Senate                      
Concurrent Resolution 11 will create a long-term care task force.              
Their mission is to review the findings of the working group and to            
develop an equitable plan for providing an actuarially sound and               
affordable long-term care options for all of Alaska's senior                   
citizens.  I urge your support in passing this very important and              
necessary resolution."                                                         
                                                                               
CHAIRMAN BUNDE asked if there were questions of the sponsor's                  
representative.                                                                
                                                                               
Number 1527                                                                    
                                                                               
REPRESENTATIVE BRICE said the legislature passed a moratorium on               
long-term care a couple years ago and there was a provision within             
that bill that established yet another long-term care task force.              
He asked how the working group established in CSSCR 11 related to              
the findings of the previous task force.                                       
                                                                               
MS. WILSON asked if Representative Brice was referring to the long-            
term care working group?                                                       
                                                                               
REPRESENTATIVE BRICE affirmed that.                                            
                                                                               
MS. WILSON said, "This is the findings that the task force has to              
look at and take into consideration."                                          
                                                                               
CHAIRMAN BUNDE asked Marie Darlin to come before the committee to              
present her testimony at this time.                                            
                                                                               
Number 1575                                                                    
                                                                               
MARIE DARLIN, Legislative Chairman, National Association of Retired            
Federal Employees, testified in support of CSSCR 11(FIN).  She said            
resolutions had been passed at the last two statewide conventions              
in support of this legislation.  It is the association's position              
that the study done in 1996 was merely the beginning and this needs            
to go forward in the establishment of the state's plan for long-               
term care for the senior population.  She pointed out there are                
other individuals besides senior citizens who need long-term care.             
                                                                               
CHAIRMAN BUNDE thanked Ms. Darlin for her comments and asked Vera              
Gazaway to present her comments at this time.                                  
                                                                               
Number 1630                                                                    
                                                                               
VERA GAZAWAY, Representative, Older Persons Action Group, said the             
Older Persons Action Group has also studied in-home health care and            
endorses almost to the word, the comments of the previous speaker.             
                                                                               
CHAIRMAN BUNDE thanked Ms. Gazaway and asked if there was further              
testimony on CSSCR 11(FIN).  Hearing none, he closed public                    
testimony.                                                                     
                                                                               
Number 1687                                                                    
                                                                               
REPRESENTATIVE BRICE said the Governor's Council on Special                    
Education Disabilities is considered the coordinating council for              
the state of Alaska for individuals with disabilities.  He asked               
what that council's involvement is with the long-term task force?              
                                                                               
MS. WILSON said the Commissioner of the Department of Health and               
Social Services serves as a nonvoting member of the Long-Term Care             
Task Force and while it's not addressed in CSSCR 11(FIN), she                  
thought it would be up to the commissioner to make that decision.              
                                                                               
CHAIRMAN BUNDE asked if there were further questions.  Hearing                 
none, he asked the wishes of the committee.                                    
                                                                               
Number 1750                                                                    
                                                                               
REPRESENTATIVE JOE GREEN made a motion to move CSSCR 11(FIN) from              
committee with individual recommendations and attached fiscal                  
notes.  There being no objection, CSSCR 11(FIN) moved from the                 
House Health, Education and Social Services Standing Committee.                
                                                                               
HB 434 - DRUG TESTING OF WELFARE RECIPIENTS                                    
                                                                               
Number 1770                                                                    
                                                                               
CHAIRMAN BUNDE announced the next item on the agenda was HB 434,               
"An Act requiring drug testing for applicants for and recipients of            
assistance under the Alaska temporary assistance program; and                  
providing for an effective date."  He asked Representative Rokeberg            
to come before the committee.                                                  
                                                                               
Number 1778                                                                    
                                                                               
REPRESENTATIVE NORM ROKEBERG, Alaska State Legislature, sponsor of             
HB 434, expressed his appreciation for the committee's interest in             
HB 434 and introduced his staff intern, Randy Lorenz, who has been             
working on this legislation.  He pointed out there were proposed               
amendments to be considered by the committee.  He noted the                    
committee had heard public testimony at a previous meeting.                    
                                                                               
Number 1835                                                                    
                                                                               
CHAIRMAN BUNDE made a motion to adopt Amendment 1 which reads:                 
                                                                               
Page 2, lines 2-3, following "to" delete "reduction or elimination             
of benefits" and insert "benefit reductions".                                  
                                                                               
REPRESENTATIVE BRIAN PORTER objected for discussion purposes.                  
                                                                               
CHAIRMAN BUNDE asked Ron Kreher to come forward to speak to                    
Amendment 1.                                                                   
                                                                               
Number 1865                                                                    
                                                                               
RON KREHER, Special Assistant, Division of Public Assistance,                  
Department of Health and Social Services, explained that Amendment             
1, in essence, cleans up this piece of legislation in that it                  
eliminates a possible conflict between the family self-sufficiency             
provisions and the existing provisions regarding the imposition of             
sanctions which are intended to be directed toward the noncomplying            
individual, resulting in a reduction of benefits to the household              
as opposed to the elimination of benefits for the household.  The              
concern is the elimination of benefits to the household could have             
a fairly severe impact on the dependents in that household by                  
taking away all the cash assistance.                                           
                                                                               
Number 1898                                                                    
                                                                               
REPRESENTATIVE ROKEBERG said he doesn't look kindly on the                     
amendment inasmuch as what he was endeavoring to do with this                  
particular piece of legislation was to give the department a tool              
to inform the recipients of public assistance their benefits would             
be in jeopardy if the recipient did not join a program through the             
self-sufficiency plan and adhere to the requirements of the                    
department.  He noted that Section 1 merely indicates there's a                
revision to the statement that a recipient would be signing prior              
to receiving benefits; therefore, Representative Rokeberg's                    
intention is to put the recipient on notice that the use of alcohol            
or a controlled substance would subject the recipient to                       
elimination of benefits.                                                       
                                                                               
Number 1955                                                                    
                                                                               
REPRESENTATIVE FRED DYSON observed as long as the language is                  
permissive, he didn't see a problem with indicating that                       
elimination of benefits is a possibility.                                      
                                                                               
MR. KREHER said there wasn't a real problem with that, but the                 
concern is that it may cause some confusion in other statutes                  
regarding the imposition of sanctions; it's more of a technical                
concern.  He explained the division's procedure for notifying                  
clients of the potential for sanctions, the procedure to levy                  
sanctions, the cumulative impact of sanctions and the process by               
which the department notifies clients of the impact of                         
noncompliance is sufficient at this time.  He didn't believe the               
threat of elimination of benefits would do any more than is already            
being done through the current sanction process.                               
                                                                               
Number 2044                                                                    
                                                                               
REPRESENTATIVE KEMPLEN said, "The notion of elimination of benefits            
grew from the notion of benefit reductions, it seems to me that                
inserting the language of elimination really gives more power to               
the state and I guess, I've heard from a number of Alaskans that               
they are concerned about the power of the state - or that the state            
has too much power - and I'm not sure that giving the state                    
personnel this type of discretionary authority really addresses the            
concerns raised by a number of different Alaskans that we've heard             
in a number of different bills that have come before this                      
committee."                                                                    
                                                                               
CHAIRMAN BUNDE asked if there was further questions or discussion.             
He called an at-ease at 3:55 p.m. inasmuch as other committee                  
members had been called to another committee for a vote.                       
                                                                               
CHAIRMAN BUNDE reconvened the committee at 4:03 p.m.  He asked if              
there was further discussion on Amendment 1.  Hearing none, he                 
asked for a roll call vote.  Representatives Kemplen, Green and                
Bunde voted in favor of Amendment 1.  Representative Dyson voted               
against it.  Therefore, Amendment 1 was adopted by a vote of 3-1.              
                                                                               
Number 2115                                                                    
                                                                               
CHAIRMAN BUNDE made a motion to adopt Amendment 2 which reads:                 
                                                                               
     Page 2, line 13, following".":                                            
                                                                               
     Insert "If a blood test administered during an assessment                 
     conducted under this subsection indicates the presence of                 
     alcohol or a controlled substance, the person tested is                   
     liable for the cost of the blood test."                                   
                                                                               
REPRESENTATIVE GREEN objected for discussion purposes.                         
                                                                               
Number 2130                                                                    
                                                                               
REPRESENTATIVE ROKEBERG said the department does not use blood                 
tests or urine analysis for this particular screening or                       
assessment.                                                                    
                                                                               
Number 2147                                                                    
                                                                               
CHAIRMAN BUNDE withdrew Amendment 2.  He made a motion to adopt                
Amendment 3 which reads:                                                       
                                                                               
     Page 1, line 4, following ",":                                            
                                                                               
          Insert "relating to family self-sufficiency plans;"                  
                                                                               
     Page 2, line 7:                                                           
                                                                               
          Delete "a new subsection"                                            
                                                                               
          Insert "new subsections"                                             
                                                                               
     Page 2, following line 13:                                                
                                                                               
          Insert a new subsection to read:                                     
                                                                               
               "(e) The family self-sufficiency plan for                       
          a family that includes a person who is                               
          unmarried and pregnant must include provisions                       
          that require the department to provide, and                          
          the person to accept, parenting classes,                             
          appropriate prenatal care, and family planning                       
          education."                                                          
                                                                               
REPRESENTATIVE GREEN objected for discussion purposes.                         
                                                                               
REPRESENTATIVE ROKEBERG asked for an explanation regarding the                 
intent was of Amendment 3.                                                     
                                                                               
CHAIRMAN BUNDE said, "The family self-sufficiency plan includes                
single parents or unmarried people that - the unwed mother, to use             
the archaic term, I guess - and as long as they are having kids,               
they probably should sit down and give some thought to a family                
plan."                                                                         
                                                                               
Number 2198                                                                    
                                                                               
MR. KREHER said generally, he thought the intent was sound, but his            
biggest concern with the language is that it is almost a mandatory             
provision.  Because the division has clients in areas where these              
services may not be available, he suggested the language might be              
more workable for the division if it read something like, "must as             
appropriate."  He said while many of the rural areas have services             
provided through the Native corporations where this could be                   
provided, it may not be possible in all situations. He wouldn't                
care to see this as a condition for a family self-sufficiency plan             
and the department not be able to provide the services.                        
                                                                               
CHAIRMAN BUNDE asked where Mr. Kreher was suggesting the verbiage              
be added.                                                                      
                                                                               
MR. KREHER responded after the word "must".                                    
                                                                               
REPRESENTATIVE DYSON suggested as an alternative, to insert "as                
available" at the end of the sentence.                                         
                                                                               
MR. KREHER indicated that would be workable, also.  He pointed out             
the division has not as yet generated a fiscal note for this bill              
because the division is still in the planning stages for the                   
service delivery model.  He did, however, suspect this amendment               
would add some cost.                                                           
                                                                               
Number 2257                                                                    
                                                                               
REPRESENTATIVE GREEN said, "That's where I was coming from too.                
This is bound to add some cost - somebody's got to do this and in              
the amendment that was withdrawn, there was a requirement that the             
person would pay for that and I would suggest that before I could              
accept this, I would think that there should also then be some sort            
of provision that the person who is going to get this training                 
should pay for that training."                                                 
                                                                               
CHAIRMAN BUNDE observed these are people are on welfare.                       
                                                                               
REPRESENTATIVE GREEN understood that, but if Chairman Bunde felt it            
was necessary this be done in order for these people to continue               
getting welfare, then it should be at the expense of the                       
individual.                                                                    
                                                                               
MR. KREHER said, "As the Chair indicated, these are people who are             
literally living on the fringe.  I think it would certainly create             
an additional burden to the household and may in fact hinder                   
efforts at self-sufficiency if we were to require them to pay for              
services that we, in essence, are by statute, required to provide              
to individuals in order for them to achieve self-sufficiency.  I               
believe there's another amendment in this package that addresses               
providing specific services as part of the self-sufficiency plan.              
While it's already addressed in the statute, anything that we do               
that's designed to promote self-sufficiency, encourage employment,             
we are in essence, obligated to provide certain supportive services            
so that people can pursue those activities."  It was his opinion               
the department would not support a requirement for people to pay               
for these types of services.                                                   
                                                                               
Number 2320                                                                    
                                                                               
REPRESENTATIVE ROKEBERG agreed with the intention of the amendment;            
however, it's his understanding the committee substitute was                   
drafted so it would not have a fiscal note.  Inasmuch as this                  
amendment would clearly have a fiscal impact, he would have to                 
oppose it.                                                                     
                                                                               
CHAIRMAN BUNDE asked if there was further discussion.                          
                                                                               
TAPE 98-49, SIDE B                                                             
Number 0004                                                                    
                                                                               
CHAIRMAN BUNDE asked for a roll call vote.  Representatives Dyson,             
Kemplen and Bunde voted to adopt Amendment 3.  Representative Green            
voted against it.  Therefore, Amendment 3, as amended was adopted              
by a vote of 3-1.                                                              
                                                                               
CHAIRMAN BUNDE made a motion to adopt Amendment 4 which read:                  
                                                                               
     Page 2, line 8:                                                           
                                                                               
          Delete "adult participants"                                          
                                                                               
          Insert "family members who are 16 years of age or older"             
                                                                               
     Page 2, line 10:                                                          
                                                                               
          Delete "the participant"                                             
                                                                               
          Insert "a family member"                                             
                                                                               
     Page 2, line 11"                                                          
                                                                               
          Delete "participant"                                                 
                                                                               
          Insert "family member"                                               
                                                                               
Number 0076                                                                    
                                                                               
REPRESENTATIVE GREEN objected for discussion purposes.                         
                                                                               
MR. KREHER stated his belief that the intent of this amendment was             
most likely a realization it is quite possible, given that there               
are other household members other than the adults who might have a             
problem with chemical dependency or alcohol abuse.  His biggest                
concern is primarily the added fiscal impact.  He explained that               
currently under the family self-sufficiency plan, the only members             
who are required to sign the plan are the adults.  The intent of               
the plan is to promote the employability of the adults in the                  
household so the family can achieve self-sufficiency.  While it                
appears the positive side of this amendment is that it would be                
preparing dependent children for that eventuality as well, this                
would require the screening of many more individuals.  The                     
department estimates the most simple screening would add an                    
additional 15 minutes to an interview or the development of the                
family self-sufficiency plan, which doesn't seem like much on an               
individual basis, but it adds up quite quickly considering the                 
volume of applications.  He noted there would be additional impacts            
to the Medicaid program if those children were required to go to               
treatment or through an in-depth assessment.  There is also some               
question regarding the availability of facilities for the children.            
                                                                               
Number 0225                                                                    
                                                                               
CHAIRMAN BUNDE asked at what age does the department determine an              
individual to be an adult.                                                     
                                                                               
MR. KREHER responded 18 and emancipated or married minors.                     
                                                                               
CHAIRMAN BUNDE noted the lack of a quorum and called an at-ease at             
4:15 p.m.  He reconvened the meeting at 4:17 p.m.                              
                                                                               
Number 0285                                                                    
                                                                               
REPRESENTATIVE ROKEBERG said the department had indicated this was             
not appropriate because family members are not part of the payees              
who have reduced benefits; they're indirect recipients.  They don't            
sign on the plan and therefore, children under the age of majority             
are family members, not the actual plan participants.                          
                                                                               
CHAIRMAN BUNDE commented that gets to be a policy call.  He added,             
"The parents are -- I think you said, many of these children may be            
in danger of substance abuse and probably could use some screening.            
The parents are using and I assume there's an increased likelihood             
that the children are using.  The policy call becomes if the                   
children are using, are we going to make the parents pay the                   
penalty of reduced benefits."                                                  
                                                                               
MR. KREHER said that would be the end result if in the family self-            
sufficiency plan it was specified that a child had to attend                   
assessment and treatment and the child is noncompliant, then in                
essence, the adults who signed the plan would be out of compliance.            
He said there could potentially be a number of ramifications such              
as causing some sort of internal rift amongst the family.                      
                                                                               
Number 0400                                                                    
                                                                               
CHAIRMAN BUNDE said he could see it coming from two angles:  One,              
parents will have to be more in tune with what their children are              
doing; and two, it gives the child a hammer over the parents.                  
                                                                               
Number 0439                                                                    
                                                                               
REPRESENTATIVE GREEN asked if a family on welfare has a reasonably             
behaved child, but tests positive for chemical dependency, does                
that eliminate the family or the child under this amendment?                   
                                                                               
MR. KREHER explained, "The legislation, as it stands now, would                
just require screening and assessment, not testing.  If that                   
individual child was screened and it was found that he had a                   
substance abuse issue and it was determined that it was to the                 
benefit of the family, the way this amendment reads, that the child            
would have to submit to screening and assessment and if the child              
then either refused or didn't comply with the conditions of the                
treatment plan, then yes, the penalty would be levied against the              
family by reducing the household benefit."                                     
                                                                               
CHAIRMAN BUNDE asked if there was further questions or discussion.             
Hearing none, he asked for a roll call vote.  Representative Bunde             
voted in favor of the amendment.  Representatives Dyson, Kemplen               
and Green voted against it.  Therefore, Amendment 4 failed by a                
vote of 3-1.                                                                   
                                                                               
Number 0594                                                                    
                                                                               
REPRESENTATIVE KEMPLEN made a motion to adopt Amendment 5 which                
reads:                                                                         
                                                                               
     Page 1, line 13:                                                          
                                                                               
          After "self-sufficiency"                                             
                                                                               
          Insert, "including child care, transportation                        
          to and from job interviews and work related                          
          activities, and transitional health care                             
          coverage."                                                           
                                                                               
CHAIRMAN BUNDE objected for discussion purposes.                               
                                                                               
REPRESENTATIVE KEMPLEN said Amendment 5 provides child care                    
transportation assistance and transitional health care coverage for            
recipients.  He noted this committee, as well as other committees              
has heard testimony from individuals that these two issues are                 
critical to participants in the Temporary Assistance Program                   
(ATAP).                                                                        
                                                                               
REPRESENTATIVE ROKEBERG objected to the amendment.  He agrees with             
Representative Kemplen in terms of the importance of helping people            
out, but he didn't think it was appropriate given the goal is self-            
sufficiency.                                                                   
                                                                               
MR. KREHER explained under existing statute and regulation, the                
department is obligated to provide these sorts of services to                  
individuals.  He said transitional health care coverage, typically             
referred to as transitional Medicaid, is a post-ATAP eligibility               
benefit; in other words once an individual has gone off assistance,            
they are then eligible for transitional Medicaid coverage.  An                 
individual has full Medicaid coverage while receiving ATAP.  He                
said if the intent of the amendment is to address the time period              
when a person becomes self-sufficient and off the system, the                  
existing statute already provides for that.  If Representative                 
Kemplen's thought is to ensure that provisions of the self-                    
sufficiency plan are set in statute, he suggested the verbiage                 
should read "including but not limited to" because there are other             
services that can be provided to individuals.  In essence, these               
services are already mandated by statute in an effort toward self-             
sufficiency and employment.                                                    
                                                                               
REPRESENTATIVE ROKEBERG interjected that it would be redundant.                
                                                                               
Number 0781                                                                    
                                                                               
REPRESENTATIVE KEMPLEN inquired if the department currently                    
provides transportation to and from job interviews and work related            
activities to ATAP recipients.                                                 
                                                                               
MR. KREHER responded yes.  He added the department cannot require              
any ATAP recipient to engage in a work activity if transportation              
is a barrier and the department can provide a means to overcome                
that barrier either by providing vouchers for gasoline, bus tokens             
or in some instances provide support to repair a vehicle.  He noted            
there are limits, depending on the budget.                                     
                                                                               
REPRESENTATIVE KEMPLEN withdrew Amendment 5.                                   
                                                                               
Number 0836                                                                    
                                                                               
REPRESENTATIVE KEMPLEN made a motion to adopt Amendment 6 which                
reads:                                                                         
                                                                               
     Page 2, line 4,                                                           
                                                                               
          Before "fails"                                                       
                                                                               
          Insert "substantially"                                               
                                                                               
REPRESENTATIVE GREEN objected for the purpose of discussion.                   
                                                                               
REPRESENTATIVE ROKEBERG pointed out this raises a much higher level            
and asked Mr. Kreher to explain the impact.                                    
                                                                               
MR. KREHER said his biggest concern is the definition of                       
"substantially."  He said at first glance, it appears the intent is            
to almost provide a safeguard to clients so there has to be some               
demonstration of gross failure to comply with the conditions of the            
self-sufficiency plan.  Currently, under statute, individuals have             
the right to demonstrate good cause if a penalty is levied against             
them for failure to comply with the family self-sufficiency plan.              
He said "substantially" would need to be defined in the Definitions            
Section for clarification.                                                     
                                                                               
REPRESENTATIVE KEMPLEN asked how the department currently                      
determines (indisc.) fails to comply?                                          
                                                                               
MR. KREHER explain, "It's - I'm on the verge on saying it's kind of            
black and white thing.  The family self-sufficiency plan defines               
the steps an individual is going to take.  If for instance the                 
first step is going to work search, the second step is getting                 
their GED, if we get notification from the contractor or the                   
division employee responsible for work search that this person has             
not showed up for five days out of ten, that would be noncompliance            
- a failure to comply with the plan and we would notify them that              
they were out of compliance and we were going to levy a sanction               
against them and impose a penalty.  In that notice, they are told              
that if they can demonstrate and document good cause for that, then            
we would not impose the sanction.  The onus is on the client to                
demonstrate why they weren't there - I was at a doctor's                       
appointment, my kid was sick, I didn't have transportation, child              
care fell through, whatever.  Because we are emphasizing personal              
responsibility through this whole program, we try to convince the              
client that if something goes wrong and you can't comply with the              
condition of your family self-sufficiency plan, contact your case              
worker immediately."  He stated his belief that good cause                     
provisions provide adequate protection for individuals who for good            
reason haven't complied with a factor in their self-sufficiency                
plan.                                                                          
                                                                               
Number 1017                                                                    
                                                                               
REPRESENTATIVE KEMPLEN said, "So it seems to me that the inserting             
the verbiage such as "substantially" doesn't materially affect the             
ability of the agency to administer the Temporary Assistance                   
Program and to require adherence to the self-sufficiency plan and              
the substantially fails, as was mentioned, it does sort of raise               
the bar a little so it's not a black or white type of thing -                  
either/or - but it moves it to a different level of and I think                
that would by how the department interprets it, but at the very                
least, at least two criteria would be met rather than the                      
impression that I have received from your comments that all it                 
would take would be just the noncompliance with one criteria and it            
could be stated they are out of compliance with the plan."                     
                                                                               
MR. KREHER said Representative Kemplen was correct - an individual             
would only have to mess up on one aspect of their family self-                 
sufficiency plan and suffer a potential penalty as a result.  The              
amendment would require a bit more finesse on the part of the case             
managers and the eligibility staff to use prudent judgment to                  
determine whether or not there was intent for noncompliance.                   
                                                                               
REPRESENTATIVE ROKEBERG suggested this particular amendment does               
more than raise the bar just a little; it raises it substantially              
and in his opinion, it would seriously hamper the department's                 
ability to make sanctions come into play for even the benefit                  
reduction, as the bill now has been amended to read.                           
                                                                               
Number 1190                                                                    
                                                                               
CHAIRMAN BUNDE thought the concern he was hearing was that it might            
give too much power to the department to abuse their discretion.               
                                                                               
MR. KREHER said his biggest concern is when the department reaches             
the point of imposing a sanction on an individual, outside of the              
arena of good cause, the individual always has the right to request            
a fair hearing to contest an adverse action taken by the division.             
Admittedly, he's not an attorney or a hearing officer, but language            
like "substantially" would cause confusion and cloud the issue to              
the point that it may hamper the ability to arrive at a clear                  
decision in a fair hearing process.  He reiterated his concern that            
without a clear definition of "substantially", there may be                    
problems with enforcing compliance on the self-sufficiency plans.              
                                                                               
Number 1268                                                                    
                                                                               
REPRESENTATIVE DYSON thought the department was already doing what             
Representative Kemplen was aiming his amendment at; he sensed the              
department does not disqualify people on details.  He agreed the               
department's argument is exactly right in that it would invite a               
lot of arguments about what is "substantial."  He wasn't supporting            
the amendment, but believed Representative Kemplen could rest easy             
knowing the department is doing what he intended by the amendment.             
                                                                               
REPRESENTATIVE ROKEBERG pointed out that "substantial" has a                   
meaning and term of art in the law; it's very high.                            
                                                                               
MR. KREHER said the department's intent in this process certainly              
is not to "willy nilly" impose sanctions on individuals.  The                  
department has a relatively refined conciliation process and it is             
the intent of case managers to promote self-sufficiency for these              
individuals, recognizing that while sanctions are the only                     
mechanism by which to get people's attention, the department's                 
intent is to provide the support needed to become self-sufficient.             
He added that sanctions are a heavy thing to be imposed on a family            
and the department gives individuals every opportunity possible to             
demonstrate good cause for not complying with the family self-                 
sufficiency plan.                                                              
                                                                               
Number 1365                                                                    
                                                                               
REPRESENTATIVE KEMPLEN withdrew Amendment 6.                                   
                                                                               
Number 1380                                                                    
                                                                               
REPRESENTATIVE KEMPLEN made a motion to adopt Amendment 7 which                
reads:                                                                         
                                                                               
     Page 2, line 10,                                                          
                                                                               
          After "assessment"                                                   
                                                                               
          Delete "and require the participant to comply                        
          with the recommendations of the assessment as                        
          a condition of the family self-sufficiency                           
          plan."                                                               
                                                                               
CHAIRMAN BUNDE objected for discussion purposes.                               
                                                                               
REPRESENTATIVE KEMPLEN said the amendment deletes language that                
would require the participant to comply with the recommendations of            
the assessment as a condition of the family self-sufficiency plan              
and would allow the department to screen the adult participants and            
refer the participant for assessment.  He said, "One of the                    
concerns I have about this is the infringement on the individual's             
right to privacy and it was raised in testimony before the                     
committee that if the recommendation of an assessment is a urine               
analysis or some sort of specific drug testing technique, that                 
individual would be required to undergo that technique and I don't             
know if it is necessary for the -- to touch upon that, I think                 
infringement on that individual, no matter if they are poor, their             
privacy - what I consider as essential privacy rights - and the                
language that does remain in this subsection gives the department              
the tools they need in order to adequately address the issue that              
I believe that Representative Rokeberg is seeking to address with              
this legislation."                                                             
                                                                               
REPRESENTATIVE ROKEBERG objected.  He said this amendment, on the              
face of it is very much self-defeating in (indisc.-mumbling).  If              
the ability to provide a sanction for noncompliance resulting in               
the assessment is taken away, it disserates the entire section.                
                                                                               
Number 1520                                                                    
                                                                               
REPRESENTATIVE KEMPLEN said the issue is the assessment; first, is             
the notion of screening the adult participants and the second is               
referring them to assessment.  The assessment which is conducted by            
a professional facility will provide sufficient information to the             
client manager for them to direct the participant to the needed                
services.  It appears to him there are sufficient powers that exist            
within the language in both this legislation and other statutes                
regarding ATAP recipients, giving the department and the client                
managers plenty of power to implement the recommendations of the               
family self-sufficiency plan.  If the results of the assessment                
provide strong probabilities that the client is at risk for alcohol            
or controlled substance abuse, the client manager has the ability              
to require that recipient to attend alcohol classes or controlled              
substance classes or treatment as part of the family self-                     
sufficiency plan.                                                              
                                                                               
Number 1612                                                                    
                                                                               
REPRESENTATIVE GREEN objected to the amendment for the same reason             
as the sponsor.                                                                
                                                                               
CHAIRMAN BUNDE asked for a roll call vote.  Representative Kemplen             
voted in favor of the amendment.  Representatives Dyson, Green and             
Bunde voted against it.  Therefore, Amendment 7 failed to pass by              
a vote of 3-1.                                                                 
                                                                               
CHAIRMAN BUNDE noted there were no more amendments for                         
consideration and asked if there was further discussion on CSHB
434.                                                                           
                                                                               
Number 1647                                                                    
                                                                               
REPRESENTATIVE DYSON said, "On further consideration, I would like             
to repent of my earlier approval vote on an amendment that was well            
intended but added more money to the ....  It doesn't mean that I              
don't think these are a good idea, I think that these are a great              
idea, but within the purview of what the department can do now when            
it's appropriate and resources are available.  Is that correct?"               
                                                                               
MR. KREHER replied, "Yes."                                                     
                                                                               
REPRESENTATIVE DYSON made a motion to rescind the committee's                  
action on Amendment 3.                                                         
                                                                               
CHAIRMAN BUNDE objected and asked for a roll call vote.                        
Representatives Dyson and Green voted to rescind the committee's               
action on Amendment 3.  Representatives Kemplen and Bunde voted                
against it.  Therefore, the vote failed 2-2.                                   
                                                                               
Number 1728                                                                    
                                                                               
REPRESENTATIVE DYSON made a motion to pass CSHB 434(HES) from                  
committee with individual recommendations and attached fiscal                  
notes.                                                                         
                                                                               
REPRESENTATIVE KEMPLEN objected.                                               
                                                                               
CHAIRMAN BUNDE asked for a roll call vote.  Representatives Dyson,             
Green and Bunde voted in favor of moving CSHB 434(HES) from                    
committee.  Representative Kemplen voted against it.  Therefore,               
CSHB 434(HES) moved from the House Health, Education and social                
Services Standing Committee on a vote of 3-1.                                  
                                                                               
ADJOURNMENT                                                                    
                                                                               
Number 1748                                                                    
                                                                               
CHAIRMAN BUNDE adjourned the House Health, Education and Social                
Services Standing Committee at 4:44 p.m.                                       

Document Name Date/Time Subjects