03/09/2004 03:07 PM House HES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled

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ALASKA STATE LEGISLATURE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE March 9, 2004 3:07 p.m. MEMBERS PRESENT Representative Peggy Wilson, Chair Representative Carl Gatto, Vice Chair Representative Paul Seaton Representative Kelly Wolf Representative Sharon Cissna MEMBERS ABSENT Representative John Coghill Representative Mary Kapsner COMMITTEE CALENDAR SENATE BILL NO. 285 "An Act relating to medical assistance coverage for targeted case management services and for rehabilitative services furnished or paid for by a school district on behalf of certain children; and providing for an effective date." - MOVED SB 285 OUT OF COMMITTEE HOUSE BILL NO. 175 "An Act relating to issuance of a limited driver's license; relating to driving while under the influence of an alcoholic beverage, inhalant, or controlled substance and refusal to take a chemical test for consumption of an alcoholic beverage, inhalant, or controlled substance; and providing for an effective date." - MOVED CSHB 175(HES) OUT OF COMMITTEE PREVIOUS COMMITTEE ACTION BILL: SB 285 SHORT TITLE: MEDICAL ASSISTANCE COVERAGE SPONSOR(S): SENATOR(S) GREEN 01/28/04 (S) READ THE FIRST TIME - REFERRALS

01/28/04 (S) HES, FIN BILL: HB SHORT TITLE: PRIOR CONVICTIONS FOR DUI SPONSOR(S): REPRESENTATIVE(S) ROKEBERG WITNESS REGISTER JACQUELINE TUPOU, Staff to Senator Lyda Green Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Testified on behalf of Senator Green, sponsor of SB JOEL GILBERTSON, Commissioner Office of the Commissioner Department of Health and Social Services Juneau, Alaska POSITION STATEMENT: Testified in support of SB Number 0086 CHAIR WILSON announced that the first order of business would be SENATE BILL NO. 285, "An Act relating to medical assistance coverage for targeted case management services and for rehabilitative services furnished or paid for by a school district on behalf of certain children; and providing for an effective date." Number 0160 JACQUELINE TUPOU, Staff to Senator Lyda Green, Alaska State Legislature, testified on behalf of Senator Green, sponsor 285. [definition] has been limited to three specific groups: substance abusers, chronically mentally ill, and severely emotionally disturbed children. Ms. Tupou told the members that federal Medicaid allows child in need of aid (CINA) case management for all groups that the state determines necessary. This bill would expand the authority to allow for Medicaid billing for expanded CINA case management services, she said. MS. TUPOU told the members that the first of these services that will be [billed to Medicaid is] the family preservation service which has been recognized in numerous studies and surveys as a key tool in addressing these problems. MS. TUPOU said that in 2002 legislation was passed which allowed schools to bill Medicaid for the school-based Medicaid services that are offered. It was discovered that the State of Alaska's definition and the federal definition of rehabilitated services does not align. She explained that there is a housekeeping provision in the bill which would make Alaska's definition as inclusive as the federal definition. Ms. Tupou summarized her comments by saying that it is estimated that this legislation will save approximately $270,000 of general fund money in FY05. Number 0281 JOEL GILBERTSON, Commissioner, Office of the Commissioner, Department of Health and Social Services, testified in support of SB members that the administration strongly supports HB Number 0950 CHAIR WILSON announced that the final order of business would be HOUSE BILL NO. 175, "An Act relating to issuance of a limited driver's license; relating to driving while under the influence of an alcoholic beverage, inhalant, or controlled substance and refusal to take a chemical test for consumption of an alcoholic beverage, inhalant, or controlled substance; and providing for an effective date." Number 0975 REPRESENTATIVE SEATON moved to adopt HB process that he and Representative Gruenberg are sponsoring. Representative Gruenberg discussed the concept of an interlock in the late 1990s. He explained that the interlock is a device that allows an individual's car to be rigged in a way in which an individual would have to use a breathalyzer and show a zero reading in order for the vehicle to operate. He suggested that the two pieces of legislation may be combined and produce a more comprehensive approach. This legislation may really encourage individuals to get help. Representative Gatto said he believes that throwing people in jail only results in offenders finding more friends to drink with. He told the members that the interlock has been very successful in other states and it is the one thing that takes [drunk] people off the roadways. He summarized his comments by saying that drinkers have a 350 times higher rate of accidents than sober individuals. Number 2182 JANET McCABE, Chair, Partners for Progress, testified on She explained that Partners for Progress is an organization that has worked toward the development of therapeutic courts. She said she believes this is an important element in preventing repeated alcohol offenses. She said that Judge Wanamaker refers to this as getting the alcohol out of the alcoholic. Partners for Progress believes that limited license privileges could be granted to therapeutic court graduates and still ensure the protection of the public. The limited license would only be allowed for those individuals who had demonstrated 18 months of sobriety and have completed a very demanding program which integrates the individuals into a responsible community. She added that limited license privileges are permitted on a case- by-case basis by the judge. The judge could also insist on other condition in which the license privilege could be offered, such as the interlock device that was mentioned earlier. MS. McCABE pointed to page 1, line 10, where it refers to limited license privileges for the final 60 days during which the license is revoked. She commented that she does not believe that is the intent of the courts. CHAIR WILSON agreed with Ms. McCabe's point. Number 2234 MS. WILSON commented that it was [the sponsor's] intent to remove the words "final 60 days" as an incentive, and would support an amendment to remove them. Number 2254 REPRESENTATIVE GATTO moved Amendment 1 as follows: Page 1, line 10, [after the word "privileges]" Delete "for the final 60 days during" Number 2273 REPRESENTATIVE CISSNA objected for purposes of discussion. REPRESENTATIVE GATTO restated Amendment 1 as follows: Page 1, line 10, [after the word "privileges]" Delete "for the final 60 days" REPRESENTATIVE CISSNA commented that she has enormous respect for Janet McCabe and her work, but would like to hear from the courts on this point. CHAIR WILSON said if Amendment 1 was adopted it would read as follows: ...of the department when revoking a driver's license, privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant limited license privileges during which the license is revoked if ... Number 2339 MS. BRINK said that the mandatory license revocation periods are extensive. As was noted the final 60 days can be a very long time subsequent to when a person has been sentenced and has participated in a treatment program, so allowing it for the final 60 days is really not much of an incentive to these individuals. TAPE 04-19, SIDE B Number 2349 MS. HENNINGS explained that the 60 day language in AS specifically for first offenders who are the only ones able to obtain a limited license. It is important that offenders serve the first 30 days of the 90 day revocation period. She suggested that the language could be changed to read as follows: [Page 1, line 9 and 10, after the word "privileges"] Insert "after the first 30 days of revocation" MS. HENNINGS said she believes this language would solve the problem through out the statutes. She reiterated that everyone would serve at least 30 days. Number 2309 MS. BRINK told the members that the Alaska statutes has the following mandatory minimums as follows: Driver's license must be revoked for 30 days for the first DUI conviction, 1 year for the second conviction, and not less than 3 years for the third conviction. MS. BRINK commented that those are lengthy periods of time. CHAIR WILSON pointed out that the language says "may grant licensing privileges, not "shall grant licensing privileges. This change would provide the judge some discretion. Number 2278 REPRESENTATIVE CISSNA said she is concerned about second and third offenders. She asked if this change would supercede the statutes. MS. WILSON clarified that the statute reads "if the individual has not been previously convicted." The final 60 day language refers to those individual who have committed a first offense. These individuals could go through the DMV and get a limited driver's license. If the person has been previously convicted the individual must be participating in a therapeutic court program so that would be a minimum of 18 months before the court could grant a limited driver's license upon the completion of the program. Number 2168 REPRESENTATIVE CISSNA removed her objection. There being no objection, Amendment 1 was adopted. Number 2142 REPRESENTATIVE GATTO moved to report ADJOURNMENT There being no further business before the committee, the House Health, Education and Social Services Standing Committee meeting was adjourned at 4:00 p.m.

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