Legislature(2021 - 2022)BUTROVICH 205
03/30/2021 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| SB92 | |
| SB89 | |
| SB98 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 92 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 89 | TELECONFERENCED | |
| += | SB 98 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
March 30, 2021
1:31 p.m.
MEMBERS PRESENT
Senator David Wilson, Chair
Senator Shelley Hughes, Vice Chair
Senator Mia Costello
Senator Lora Reinbold
Senator Tom Begich
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 92
"An Act relating to missing persons under 21 years of age."
- HEARD & HELD
SENATE BILL NO. 89
"An Act relating to house rules for assisted living homes."
- MOVED SB 89 OUT OF COMMITTEE
SENATE BILL NO. 98
"An Act relating to medical assistance for recipients of adult
foster care services; establishing an adult foster care home
license and procedures; and providing for the transition of
individuals from foster care to adult foster care homes."
- MOVED SB 98 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 92
SHORT TITLE: MISSING PERSONS UNDER 21 YEARS OLD
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/22/21 (S) READ THE FIRST TIME - REFERRALS
02/22/21 (S) HSS, STA
03/23/21 (S) HSS AT 1:30 PM BUTROVICH 205
03/23/21 (S) Scheduled but Not Heard
03/30/21 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 89
SHORT TITLE: ASSISTED LIVING HOMES: HOUSE RULES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/22/21 (S) READ THE FIRST TIME - REFERRALS
02/22/21 (S) HSS, FIN
03/18/21 (S) HSS AT 1:30 PM BUTROVICH 205
03/18/21 (S) Heard & Held
03/18/21 (S) MINUTE(HSS)
03/30/21 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 98
SHORT TITLE: ADULT FOSTER CARE FOR DISABLED
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/03/21 (S) READ THE FIRST TIME - REFERRALS
03/03/21 (S) HSS, FIN
03/18/21 (S) HSS AT 1:30 PM BUTROVICH 205
03/18/21 (S) Heard & Held
03/18/21 (S) MINUTE(HSS)
03/30/21 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
RANDI BREAGER, Legislative Liaison
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Thanked the committee for hearing SB 92.
KATHRYN MONFREDA, Director
Division of Statewide Services
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Introduced SB 92 on behalf of the
administration.
JOHN LEE, Director
Division of Senior and Disabilities Services
Department of Health and Social Services
Palmer, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
89.
CRAIG BAXTER, Program Manager
Residential Licensing/Background Check Program
Department of Health and Social Services
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
89.
ACTION NARRATIVE
1:31:55 PM
CHAIR DAVID WILSON called the Senate Health and Social Services
Standing Committee meeting to order at 1:31 p.m. Present at the
call to order were Senators Reinbold, Begich, Costello, Hughes,
and Chair Wilson.
SB 92-MISSING PERSONS UNDER 21 YEARS OLD
1:32:15 PM
CHAIR WILSON announced the consideration of SENATE BILL NO. 92
"An Act relating to missing persons under 21 years of age."
1:33:09 PM
RANDI BREAGER, Legislative Liaison, Department of Public Safety,
Anchorage, Alaska, thanked the committee for hearing SB 92,
reviewed the documents in the bill packets, and deferred to Ms.
Monfreda to introduce the bill.
1:34:26 PM
KATHRYN MONFREDA, Director, Statewide Services, Department. of
Public Safety, Anchorage, Alaska, stated the purpose of this
bill is to bring state laws into conformity with federal laws
pertaining to the reporting of missing persons between 18 and
21. Federal laws from 2003 (Suzanne's Law) and 2006 (Adam Walsh
Act) require law enforcement to enter missing person information
into the National Crime Information Center (NCIC) database
within 2 hours of being reported missing if they are under 21
years of age.
1:35:44 PM
MS. MONFREDA reported that Alaska's missing persons laws have
not been amended since enactment in the mid to late 1980's. AS
18.16.620 requires law enforcement to report missing minors to
the states Missing Persons Clearinghouse, if not located within
48 hours of being reported missing. AS 47.10.141 requires
missing minors be reported to the Alaska Public Safety
Information Network (APSIN) and National Crime Information
Center (NCIC) with 24 hours after a report is completed. AS
47.10.390 defines a runaway minor as a person under the age of
18.
MS. MONFREDA said slide 4 summarizes the proposed changes to
bring state law into conformity with federal law. All missing
persons under age 21, instead of the state requirement of age
18, are entered into the state and national databases within 2
hours versus the current state requirement of 24 hours.
MS. MONFREDA advised that most state and local law enforcement
agencies have enacted training to meet the more restrictive
federal requirements. Many agencies currently comply and changes
to the Alaska Public Safety Information Network's programming is
completed.
1:37:05 PM
MS. MONFREDA stated the benefits of enacting this law are the
removal of conflicting and less restrictive state statutory
requirements, faster state and nationwide notification for
missing person under 21 years of age, and improved response for
the vulnerable, college-age population. Upon being entered into
the national system, The Center for Exploited and Missing
Children is notified and proactively assists in investigations.
1:37:33 PM
MS. MONFREDA presented the sectional analysis for SB 92:
Section 1 removes the reference to AS 47.10.141 in AS
18.65.620, since the time required for entering a
missing person into APSIN and NCIC is specified in AS
18.65.620.
Section 2 adds a subsection to AS 18.65,620 which
specifies law enforcement must report a missing person
under the age of 21 to APSIN and NCIC within 2 hours
of completing the report. Law enforcement must remove
the information no later than 24 hours after learning
a person has been located.
Section 3 amends AS 47.10.141(a) by removing language
pertaining to the time of entry and the time of
removal from the state and national databases, since
this is now specified in AS 18.65.620.
The bill will become effective 90 days after being
signed.
1:38:41 PM
SENATOR REINBOLD asked why the bill is being proposed now when
changes to federal law occurred in 2003 and 2006. She questioned
whether the funds Congress passed for indigenous women and
children served as an impetus.
MS. MONFREDA responded she thinks the issue of missing and
murdered indigenous women is partially responsible for bringing
this to the forefront. The department has also been taking a
hard look as missing persons. She noted the bill was proposed
previously but failed to advance. Department of Public Safety
proposed it again this year and the governor accepted it for
introduction.
SENATOR REINBOLD requested confirmation that nothing triggered
the bill other than it is correcting a long-standing gap in
conformity.
MS. MONFREDA stated that is correct. She reiterated that since
law enforcement already trains to the federal standard, the bill
is a formality to make the laws match.
1:40:47 PM
CHAIR WILSON recalled one of the slides stated most local law
enforcement agencies are now complying with federal law. He
asked how law enforcement statewide would be notified if changes
to the statute were made and how many agencies are not in
compliance with the change.
MS. MONFREDA replied agencies are audited for compliance. She
said she does not have the exact number but she has been
informed most agencies are complying.
CHAIR WILSON asked her to provide compliance numbers to the
committee.
MS. MONFREDA agreed to provide the information.
1:41:42 PM
SENATOR HUGHES asked what information is entered into a missing
persons under age 21 database and how it compares to what is
entered for an adult.
MS. MONFREDA stated there are two methods for entering
information. The Missing Persons Clearinghouse, which is
notified within 24 hours of a person missing and the NCIC and
APSIN systems which are primarily for law enforcement use. The
APSIN and NCIC systems include a basic description of the
person: name, sex, race, height, weight, last seen wearing and
vehicle description, if pertinent. The department hopes to
replace its system with modern technology capable of including
photos. Once the Missing Persons Clearinghouse starts its
investigation, they will add photos, and any other descriptive
information, including dental records. In addition to the
Missing Persons Clearinghouse receiving this information, it is
public information. The department also puts out flyers.
1:44:20 PM
SENATOR HUGHES requested she comment on any differences in
reporting between minors and adults.
MS. MONFREDA stated there is no difference in reporting. As much
information is obtained as possible regardless of age.
1:44:39 PM
CHAIR WILSON opened public testimony on SB92, ascertained there
was none and closed public testimony.
1:45:15 PM
MS. BREAGER thanked the committee for hearing the bill.
1:45:35 PM
SENATOR REINBOLD stated she has been unsuccessful in tracking
what happened to the millions of dollars from the federal
government for missing women and children. She asked if anyone
knows where the money is.
1:45:58 PM
MS. BREAGER answered that the mysticism surrounding the money
is partly due to federal government announcements of funds that
had been granted to Alaska for several years. She clarified that
$6 million of new money was received through the Emergency
Federal Law Enforcement Assistance (EFLEA) grant program as a
direct result of Attorney General Barr's violence against women
disaster declaration, following his visit to the state. The
Department of Public Safety applied for the grant. The funds
were specifically to improve rural public safety facilities. The
Department of Commerce, Community and Economic Development
(DCCED) managed the funds but did not retain any, not even for
administrative costs. Funds were fully granted to local rural
communities. Most of the projects were upgrading office
facilities and jail cells. Funds were also provided to small
community village and tribal police groups. Ms. Breager believes
the funds also benefited two Village Public Safety Officer
(VPSO) programs
SENATOR REINBOLD asked if a decrease in missing women and
children has been achieved and if prosecutions have increased so
that villages, rural communities and even larger communities are
safer.
1:48:23 PM
MS. BREAGER replied that the $6 million grant was all for
capital funds. It did not go to hiring Public Safety Officers or
personnel. The designs for the funds were infrastructure, as
this was acknowledged as a consistent need when Attorney General
Barr traveled the state.
SENATOR REINBOLD stated the reply was helpful.
1:49:03 PM
CHAIR WILSON held SB 92 in committee.
SB 89-ASSISTED LIVING HOMES: HOUSE RULES
1:49:17 PM
CHAIR WILSON announced the consideration of SENATE BILL NO. 89
"An Act relating to house rules for assisted living homes."
1:49:50 PM
SENATOR BEGICH recollected asking a question about the revisor
instruction on page 3 lines 23-26, that related to the executive
order. He recalled being told there might be an executive order
coming forward to split the department. He said the deadline
passed but he wants confirmation that the committee agreed to
leave the revisor's instruction in the bill in the event an
executive order is moved forward at some point as the bill goes
through the process.
1:50:35 PM
SENATOR HUGHES stated that in the event another executive order
is issued, prior to gaveling in for the Second Regular Session
of the Thirty Second Legislature, the revisor's instruction
would take care of it. The revisor's instruction should be left
in the bill for that reason.
SENATOR BEGICH commented that line 24 says the First Regular
Session
SENATOR HUGHES explained the First Regular Session would cover
until the legislature gavels in. As an example, she stated that
if another executive order is issued in October, then the
revisor's instruction would take care of it or even a special
session within a session.
SENATOR BEGICH responded it would not cover a special session
because it is only for the First Regular Session. He said it is
not an issue and may be removed later in the process.
1:51:39 PM
SENATOR REINBOLD requested someone from Health and Social
Services define 'unreasonably' as found in Section 2 line 8, "An
assisted living home may not adopt a house rule that
unreasonably restricts a right of a resident... ." She stated
the word is obviously debatable and could be a point of
contention in the future.
1:52:03 PM
CHAIR WILSON asked Mr. Lee to answer.
1:52:15 PM
JOHN LEE, Director, Division of Senior and Disabilities
Services, Department of Health and Social Services (DHSS),
Palmer, Alaska, stated SB 89 attempts to align with 42 CFR (Code
of Federal Regulations). Forty-two CFR is very specific about
residents having a right to visitors of their choosing, at the
time of their choosing. Any rules limiting the individuals
ability to have visitors would be a violation. Mr. Lee deferred
to Craig Baxter for further comment.
1:53:16 PM
CRAIG BAXTER, Program Manager, Residential Licensing, Health
Care Services, DHSS, Anchorage, Alaska, stated that as a
licensing agency, to demonstrate reasonableness, it is standard
practice to have a facility put the rational for an unreasonable
house rule restriction into a residents care plan. A treatment
team, consisting of a guardian, care coordinator and, if
necessary, a behavioral health provider and/or physician, must
sign off on any rule restrictions that impact an individual.
1:54:03 PM
CHAIR WILSON found no further questions or comments and asked
for a motion.
1:54:08 PM
SENATOR HUGHES moved to report SB 89, work order 32-GS1675\A,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR WILSON found no objection and SB 89 was reported from the
Senate Health and Social Services Standing Committee.
SB 98-ADULT FOSTER CARE FOR DISABLED
1:56:26 PM
CHAIR WILSON announced the consideration of SENATE BILL NO. 98
"An Act relating to medical assistance for recipients of adult
foster care services; establishing an adult foster care home
license and procedures; and providing for the transition of
individuals from foster care to adult foster care homes."
He stated the bill was heard and public testimony taken on March
18. He asked Mr. Lee if he had any further remarks.
MR. LEE answered he had no further comments.
1:57:11 PM
CHAIR WILSON asked the will of the committee.
1:57:20 PM
SENATOR HUGHES moved to report SB 98, work order 32-GS1708\A,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR WILSON found no objection and SB 98 was reported from the
Senate Health and Social Services Standing Committee.
1:57:52 PM
There being no further business to come before the committee,
Chair Wilson adjourned the Senate Health and Social Services
Standing Committee meeting at 1:57 pm.
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