Legislature(2003 - 2004)
04/25/2003 09:06 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
MINUTES
SENATE FINANCE COMMITTEE
April 25, 2003
9:06 AM
TAPES
SFC-03 # 65, Side A
SFC 03 # 65, Side B
CALL TO ORDER
Co-Chair Gary Wilken convened the meeting at approximately 9:06 AM.
PRESENT
Senator Gary Wilken, Co-Chair
Senator Lyda Green, Co-Chair
Senator Con Bunde, Vice Chair
Senator Robin Taylor
Senator Ben Stevens
Senator Donny Olson
Senator Lyman Hoffman
Also Attending: SENATOR SCOTT OGAN; MATT ROBUS, Acting Director,
Division of Wildlife Conservation, Department of Fish and Game;
ROBERT BUTTCANE, Programs/Administration, Division of Juvenile
Justice, Department of Health and Social Services; Juneau Boy Scout
Troop 11: SHAUN NESHEIM; KYLE KAHKLEN; CARLETON SHOREY; ALEX
BOTELHO; TREVOR LARSEN; BRUCE BOTELHO; BRUCE BOTELHO, Boy Scout
Troop 11 Leader
Attending via Teleconference: From Mat-Su: JOHN DUFFY, Borough
Manager, Mat-Su Borough; JODY SIMPSON, Member Mat-Su Borough
Assembly; From an Offnet Site: LIEUTENANT MATT LEVEQUE, Alaska
State Troopers, Department of Public Safety; KATHY CRONEN, Chief
Executive Officer, NorthStar Hospital
SUMMARY INFORMATION
SB 53-REVOKE DRIVER'S LIC. FOR FATAL ACCIDENT
The Committee heard from the sponsor and the Department of Public
Safety, and reported the bill from Committee.
SB 147-CONTROL OF NUISANCE WILD ANIMALS
The Committee heard from the Department of Fish and Game and
reported the bill from Committee.
SB 157-INPATIENT PSYCHIATRIC SERVICES
The Committee heard from Department of Health and Social Services
and reported the bill from Committee.
SB 65-CORRECTIONAL FACILITY EXPANSION
This bill was scheduled but not heard.
SB 35-APPROP: OPERATING BUDGET/LOANS/FUNDS
HB 75-APPROP: OPERATING BUDGET/LOANS/FUNDS
The Committee adopted a committee substitute and reported the bill
from Committee.
SB 36-APPROP: MENTAL HEALTH BUDGET
HB 76-APPROP: MENTAL HEALTH BUDGET
The Committee adopted a committee substitute and one amendment and
reported the bill from Committee.
SENATE BILL NO. 53
"An Act relating to disposition of a traffic offense involving
the death of a person; providing for the revocation of driving
privileges by a court for a driver convicted of a violation of
traffic laws in connection with a fatal motor vehicle or
commercial motor vehicle accident; amending Rules 43 and 43.1,
Alaska Rules of Administration; and providing for an effective
date."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-chair Wilken informed the Committee that this bill would allow
the revocation of a person's driving license in the event that
their traffic violation results in a death.
SENATOR SCOTT OGAN, the sponsor of the bill, explained that current
State statute does not provide provisions to address a traffic
violation that results in a death. He shared that he personally
knows families who have lost a relative or suffered a disability as
the result of another driver running a red light, and he
communicated that the at-fault driver only received a $50 fine for
a traffic violation. He stated that unless a driver is, for
instance, intoxicated, there is no State statute that holds a
driver who drives too fast for conditions or runs a red light
responsible for their actions. He stated that the legal defense for
these people "is that they really didn't intend to kill someone."
He stated that similar legislation was presented to the Legislature
the previous session, "but was held up in the closing minutes of
the session."
Senator Taylor asked how this legislation would address a situation
whereby a vehicle slides off a road due to icy road conditions and
results in a family member in the car being killed. He noted that
the driver's negligence, according to this Legislation, contributed
to a fatality. He asked whether the word "may" in the Legislation
would allow the court discretion in addressing this scenario.
Senator Ogan responded that judges would have sufficient authority
to appropriately address the situation and that the court would
render an appropriate response. He stated that this "is exactly the
reason" the legislation includes the word "may." However, he
asserted, this legislation would also allow a judge to
appropriately address a situation whereby the action of the driver,
or repeated infractions of a driver, causes personal damage to
others.
Senator Bunde expressed understanding of the frustration that might
be caused by current statutes limitations; however, he asked
whether revoking a driver's license would have the desired result;
as, he furthered, some people would continue to drive or might
otherwise not be "inconvenienced."
Senator Ogan suspected that there are some people who "would thumb
their nose" at the loss of their driver's license. However, he
stressed that this legislation would be a deterrent to those people
who violate traffic laws by driving too fast or who run red lights
as opposed to those people who routinely drive recklessly or drive
while intoxicated.
LIEUTENANT MATT LEVEQUE, Alaska State Troopers, Department of
Public Safety, testified via teleconference from an offnet site and
agreed that some people would continue to drive without a driver's
license; however, some would respect the law and not drive. In
response to Senator Bunde's comment about further inconveniencing
offenders by, for instance, prohibiting them from airline travel
because they would not have a driver's license to present as
required at time of airline check-in, Lieutenant Leveque informed
that individuals who lose their driver's license would remain
eligible to apply for a state identification card. Therefore, he
continued the State would not deny individuals the ability to
travel.
Senator Olson asked whether Lieutenant Leveque supports the bill.
Lieutenant Leveque responded that the Department supports the bill.
Senator Taylor moved to report the bill from Committee with
individual recommendations and accompanying fiscal note.
Without objection, HB 53 was REPORTED from Committee with previous
fiscal notes #1 and #2 from the Department of Administration and
previous fiscal note #3 from the Department of Law.
SENATE BILL NO. 147
"An Act relating to control of nuisance wild animals; and
providing for an effective date."
This was the second hearing for this bill in the Senate Finance
Committee.
Co-chair Wilken stated that this bill addresses nuisance animals
and is sponsored by Co-chair Green.
MATT ROBUS, Acting Director, Division of Wildlife Conservation,
Department of Fish and Game provided answers to questions asked in
the first hearing on this bill by communicating that the Department
currently has regulations to address situations involving large
animals such as moose or bear through the Department's ability to
issue public safety permits, Defense of Life and Property permits,
and scientific permits. In addition, he stated that permits could
be issued to "a responsible individual" were an enforcement
official unavailable.
Mr. Robus stressed; however, "that the one thing not covered
currently" through regulations are small animals and birds whose
actions are creating nuisance problems including such things as
birds eating grain crops or an ermine harming someone's house. He
continued that this legislation would provide the Department the
authority to address these types of issues.
Senator Hoffman asked whether there is a need for provisions to
address the disposal of these small animals; particularly the
salvage of the meat or the disposal of the remains.
Mr. Robus informed that provisions are usually included in the
permit for meat salvaging of large animals, and where small animals
or birds are concerned, the Department attempts to be flexible and
to appropriately take care of, for example, a fur-bearing animal
whose hide could be salvaged. Furthermore, he mentioned that in the
case of a food animal, provisions are included to allow the taker
to either use it for individual use or provide it to an
organization that provides food to other people. However, he noted
that when a situation arises in which salvaging of the meat or fur
is not an option or conditions would not allow for salvage, the
flexibility to handle situations on a case-by-case basis is
requested in this legislation.
Senator Hoffman voiced that most people would willingly salvage the
meat, and he questioned whether a provision requiring salvage would
be necessary.
Senator Olson asked how this legislation would address a situation
wherein an animal or bird is not a nuisance but rather poses a
threat to, for instance, a private pilot or to national security by
it presence on a private or military airport runway.
Mr. Robus replied that this issue is addressed currently by the
Department's ability to issue public safety permits. However, he
noted that this existing authority includes threats posed by small
animals.
Amendment #1: This amendment inserts "and subject to AS 16.30.010"
after the word "Act" on page 3, line 20.
Senator Olson moved for adoption of Amendment #1.
Co-Chair Wilken objected for explanation.
Senator Olson shared that muskox in the Nome area present a danger
to airports during the animals' rutting season. He noted that this
amendment addresses the issue of wanton waste, and he exclaimed
that, "if you shoot it, and kill it, you better eat it."
Senator Olson withdrew the amendment.
Senator Taylor moved to report the bill from Committee with
individual recommendations and accompanying fiscal notes.
There being no objection, SB 147 was REPORTED from Committee with
previous fiscal note #1 from the Department of Fish and Game.
AT EASE 9:29 AM / 9:29 AM
Co-Chair Wilken introduced visiting Juneau Boy Scout Troop 11
consisting of SHAUN NESHEIM, KYLE KAHKLEN, CARLETON SHOREY, ALEX
BOTELHO, TREVOR LARSEN, and BRUCE BOTELHO, Boy Scout Troop 11
Leader.
Mr. Botelho announced that the scouts are working on the Boy Scout
Citizenship Award.
CS FOR SENATE BILL NO. 157(HES)
"An Act relating to inpatient psychiatric services for persons
who are under 21 years of age and are either eligible for
medical assistance or are in the custody of the Department of
Health and Social Services."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Green, the bill's sponsor, explained that this bill would
require the Department of Health and Social Services to provide,
when available, in-State psychiatric services to individuals under
the age of 21, who are in State care and require or need those
services. She stated that, while this requirement is currently in
regulation, it is not being implemented. She expounded on the
benefits of providing in-State care as: it "would stabilize the
environment so that the State can attract and assure care providers
in this field that in-State providers would be considered first"
before a person would be sent out-of-State for treatment; would
reduce the demand on the State to pay for expensive out-of-State
treatment; and would keep individuals closer to family. She noted
that the Denali KidCare program has contributed to the growth in
the numbers of individuals identified as requiring treatment.
JOHN DUFFY Borough Manager, Mat-Su Borough, testified via
teleconference from Mat-Su in support of this legislation, and he
urged the Committee to support it. He stated that allowing children
to receive treatment close to home and to family members would
"increase the probability of treatment success." In addition, he
noted that provisions of this legislation would remove "uncertainty
from the private sector" and allow for more in-State treatment
centers. This, he asserted, would benefit individuals, positively
impact the economy, and provide jobs. He affirmed that in-State
treatment is less expensive than out-of-State treatment, and that
"it makes sense that Alaskan dollars remain in Alaska" to support
the State's economy.
KATHY CRONEN, Chief Executive Officer, Fairbanks NorthStar
Hospital, testified via teleconference from an offnet site in
support of bringing Alaskan children "home for treatment.' She
informed that 300-plus children were treated out-of-state last
year, and she opined that this "has devastating impact of these
children and their families, as well as on the State because we are
not supporting our kids." She stressed that mental health care
should be provided closer to home, that follow-up care is critical
to a child's long-term success, and, she asserted, treatment should
involve a child's family.
Ms. Cronen furthered that this legislation would be good for the
State as it would allow in-State treatment programs to expand,
would create hundreds of new jobs, and would keep Medicaid dollars
in the State. She urged the Committee to pass this legislation.
Senator Olson asked the staffing situation at the Northstar
Hospital, particularly whether the hospital is able to attract
board-certified psychiatrists and other support staff as, he
understands, there is a shortage of personnel in these fields of
practice.
Ms. Cronen confirmed that "staffing and recruitment is always a
challenge for any health care provider;" however, she informed
that, while the hospital has at times experienced nursing and
psychiatrist staff shortages, the hospital has been successful in
the long-term. She voiced the need to provide job security, and she
contended that legislation of this nature would provide the
foundation.
Senator Taylor moved to adopt CS SB 157 (HES) as the working
document.
There being no objection, the (HES) committee substitute was
adopted as the working document.
JODY SIMPSON, Member Mat-Su Borough Assembly, testified via
teleconference from Mat-Su and voiced that the Mat-Su Borough
supports this bill. She voiced that out-of-state treatment removes
Alaskan children from their families as well as sends Alaska
dollars elsewhere thereby resulting in a loss of in-State job
opportunities.
ROBERT BUTTCANE, Programs/Administration, Division of Juvenile
Justice, Department of Health and Social Services informed that the
Department supports this legislation and its goal of establishing
"adequate in-State resources to meet the treatment needs of young
people." He informed that the Division is committed to working with
providers to develop the needed capabilities. However, he noted
that some complicating factors must be addressed to include the
fact that parents of children who are not in the State's custody
have the right to decide whether their child would receive in-State
or out-of-State treatment. He furthered that another factor is that
few Alaskan facilities provide "secured, locked care" which is
required in some situations. However, he attested that the
provision requiring an assessment to be conducted on each child is
an appropriate one as it would enable the Division to compile a
facility needs list that would propel the State's system to evolve
as necessary with the goal that eventually the State's resources
would meet all needs.
Co-Chair Green asserted that even though a child might not be in
State custody, the fact that the child might be a Medicaid
recipient would provide the State with the right to determine where
the child might receive treatment.
Mr. Buttcane concurred.
Co-Chair Green furthered that a recent Medicaid audit [copy not
provided] recommended that requests for out-of-state and in-state
travel for medical necessities should be accompanied by written
justification. She reiterated that this legislation is taking what
is currently in regulation and putting it into statute to assure
that the regulations would be implemented.
Senator Hoffman asked how rural children would benefit from this
legislation as, he communicated, and they would still be removed
from their small communities and their families to receive care.
Mr. Buttcane responded that this is a valid concern as individuals
from rural areas would continue to experience upheaval, and he
stated that "there is no easy answer" to the situation. He
suggested that, "the next step" to address this scenario would be
to provide more in-state care options to keep the "children at
least that much closer to their communities." He stated that
further action from Native Health organizations, State, federal,
and private, non-profit entities could assist in providing better
service to young people.
Senator Hoffman allowed that this bill would enable rural children
to be one step closer to home; however, he concluded that the needs
of rural children are still being addressed.
Co-Chair Green agreed that Senator Hoffman has a good point. She
stated that this bill would allow for small, private care
facilities with perhaps as few as eight employees to locate in
rural areas where there is a need. She stressed that through
legislation such as this, the emphasis would be to keep youth in-
State "to create the synergy and the energy and the numbers"
required to encourage the private sector to service smaller
communities. She predicted that there would be "a gradual growth"
in this direction.
Senator Olson asserted that mental health treatment is a
complicated process, and he asked how the decision regarding the
proper course of treatment and whether the State has adequate
facilities to provide that treatment would be determined.
Mr. Buttcane told of "a shared process of review by a
interdisciplinary team" comprised of medical and psychology
doctors, social workers, and care providers who would conduct an
inventory of State's programs and the needs of child, before
rendering a recommendation, and he furthered that funding would be
determined by Medicaid. He stated that were someone to determine
that the outcome of the review was improperly derived at; there
would be an opportunity for a review.
Senator Olson asked whether a physician or psychiatrist would be on
the staff of the review board.
Mr. Buttcane clarified that there is a psychiatrist on staff.
SFC 03 # 65, Side B 09:54 AM
Co-Chair Green responded that the current regulations specify that
a licensed psychiatrist, a physician, a clinical social worker, a
registered nurse, an occupational therapist, a psychological
associate, and representatives from the Division of Family & Youth
Services and the Division of Juvenile Justice would comprise the
members of the review board.
Co-Chair Wilken informed the Committee that a question arose in the
Senate Health Education and Social Services Committee hearing as to
whether bringing children who are currently being treated out-of-
state back to the State would increase the State's Medicaid
expenses. He stated that the answer is no, it would not. He noted
that this information is provided in fiscal note #1.
Co-Chair Green moved to report the bill from Committee with
individual recommendations and accompanying fiscal note.
There being no objection, CS SB 157 (HES) was REPORTED from
Committee with previous fiscal note #1 from the Department of
Health and Social Services.
RECESS TO THE CALL OF THE CHAIR 9:55 AM / 1:25 PM
Co-Chair Green chaired the remaining portion of the meeting.
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 35
"An Act making appropriations for the operating and loan
program expenses of state government, for certain programs,
and to capitalize funds; making appropriations under art. IX,
sec. 17(c), Constitution of the State of Alaska, from the
constitutional budget reserve fund; and providing for an
effective date."
CS FOR SS FOR HOUSE BILL NO. 75(FIN) am(brf sup maj fld)
"An Act making appropriations for the operating and loan
program expenses of state government, for certain programs,
and to capitalize funds; and providing for an effective date."
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 36
"An Act making appropriations for the operating and capital
expenses of the state's integrated comprehensive mental health
program; and providing for an effective date."
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76(FIN)
"An Act making appropriations for the operating and capital
expenses of the state's integrated comprehensive mental health
program; and providing for an effective date."
This was the eighth hearing for these bills in the Senate Finance
Committee.
Co-Chair Green informed the Committee that previously adopted
amendments are incorporated into the committee substitutes for
these bills.
Senator Taylor moved to adopt SCS CS SS HB75 (FIN), Version 23-
GH1002\Z as the working draft.
There being no objection, Version "Z" was adopted as the working
document.
Senator Taylor moved to adopt SCS CS SS HB 76 (FIN), Version 23-
GH1004\U as the working document.
There being no objection, Version "U" was adopted as a working
document.
Senator Hoffman inquired to the Constitutional Budget Reserve (CBR)
funds that would be required to support this legislation, excluding
any revenue sources.
Co-Chair Green replied that that information is not yet available.
Senator Hoffman asked regarding the funding level required to
support the amendments that were adopted during the seventh hearing
on this legislation.
Co-chair Green responded that the amount is slightly less than one
billion dollars.
Senator Hoffman complimented the Committee and staff on the caliber
of work that was provided in support of developing the FY 04
operating budget.
Senator Taylor moved to report the committee substitute for HB 75
from Committee with individual recommendations.
There being no objection, SCS CS SS HB 75 (FIN) was REPORTED from
Committee.
Amendment MH #1 for HB 76, Version "U": This conceptual amendment
deletes one million dollars of funding designated for the Fairbanks
Mental Health Detoxification Unit Expansion and Renovation as
specified on page 11, lines 13, 14, and 15.
Co-Chair Wilken moved to adopt the amendment. He shared that this
amendment is offered "out of concern" regarding "the wisdom" of the
planning and measurement about this project. He stated that while
the project might "be well-intentioned…it is not well thought out."
He stated "that until good answers" are forthcoming to questions
regarding how to address the problem of intoxicated individuals; he
could not support the project.
Senator Taylor objected to the amendment. He voiced concern that
"when the state transitioned public drunkenness" from a crime to an
illness and "removed it from the criminal statutes and placed it
under Title 47 Statutes, the only way that police officers could
remove someone off the streets" was a situation wherein they were a
danger to themselves or to others. He furthered that the State has
never adequately addressed the problem "with either funding or the
staffing necessary," and as a consequence, he declared that
communities have had to assume the responsibility. However, he
opined, efforts do not adequately address the root of problem, and
he asserted that the State should fund the provisions in Title 47
to address the problem.
Senator Taylor withdrew his objection.
Co-chair Wilken echoed Senator Taylor's concern, and stated that
were adequate answers to questions such as how the funds would be
utilized; how the outcomes would be measured; and how individuals
would benefit and improve their quality of life, he would be able
to support the detoxification center funding.
There being no further objection, Amendment MH #1 was ADOPTED.
Senator Taylor moved to report HB 76, as amended, from Committee
with individual recommendations.
There being no objection, SCS CS SS HB 76 (FIN), as amended, was
REPORTED from Committee.
AT EASE 1:35 PM / 1:35 PM
ADJOURNMENT
Co-Chair Lyda Green adjourned the meeting at 01:36 PM.
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