Legislature(2001 - 2002)

05/11/2002 11:50 AM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
                   SENATE JUDICIARY COMMITTEE                                                                                 
                          May 11, 2002                                                                                          
                           11:50 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Robin Taylor, Chair                                                                                                     
Senator John Cowdery                                                                                                            
Senator Gene Therriault                                                                                                         
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Dave Donley, Vice Chair                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 230                                                                                                             
"An Act relating to recommending or refusing psychotropic drugs                                                                 
as a treatment for children and to the evaluation and treatment                                                                 
of children with behavioral or psychological problems."                                                                         
     MOVED CSSB 230(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR HOUSE BILL NO. 207(RLS)                                                                                                  
"An  Act  moving   election  district  24  as   described  in  the                                                              
Constitution of the  State of Alaska at statehood  from the Second                                                              
Judicial District  to the Fourth Judicial District  and adding the                                                              
Nabesna area to  the Third Judicial District and  removing it from                                                              
the Fourth Judicial District."                                                                                                  
     MOVED CSHB 207(RLS) OUT OF COMMITTEE                                                                                       
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                              
                                                                                                                                
SB 230 - See HESS minutes dated 3/4/02.                                                                                         
                                                                                                                                
CSHB 207(RLS) - No previous action to record.                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Senator Bettye Davis                                                                                                            
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of SB 230                                                                                        
                                                                                                                                
Representative Mary Kapsner                                                                                                     
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of HB 207                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
TAPE 02-31, SIDE A                                                                                                            
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
CHAIRMAN  ROBIN  TAYLOR  called  the  Senate  Judiciary  Committee                                                            
meeting to  order at 11:50  a.m. Senators Cowdery,  Therriault and                                                              
Chair Taylor were present. The committee took up SB 230.                                                                        
                                                                                                                                
             SB 230-PSYCHOTROPIC DRUGS FOR CHILDREN                                                                         
                                                                                                                                
SENATOR BETTYE  DAVIS, sponsor, informed  members that SB  230 has                                                              
the support of  many groups, school districts,  and the Department                                                              
of Education  and Early  Development (DOEED).   Many other  states                                                              
have  adopted  similar  legislation   because  of  problems  where                                                              
children  were  being forced  to  take  prescription  psychotropic                                                              
drugs.  Senator  Davis said  this  legislation  has no  cost.  She                                                              
pointed out this  legislation will be helpful  to school districts                                                              
and  the Department  of Health  and Social  Services because  many                                                              
times workers can  force children out of their  homes by insisting                                                              
they  need to  take  psychotropic  drugs. With  SB  230 in  place,                                                              
workers  can recommend  that children  be  placed on  psychotropic                                                              
drugs but  it would  not give  them the  authority to demand  that                                                              
children take those drugs.                                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR  thanked Senator  Davis and said  he has  heard of                                                              
situations  in  his district  in  which  children were  placed  on                                                              
psychotropic  drugs but once  the children  were removed  from the                                                              
drugs and the school setting, they did very well.                                                                               
                                                                                                                                
SENATOR ELLIS moved SB 230 with individual  recommendations to the                                                              
next committee of referral.                                                                                                     
                                                                                                                                
SENATOR THERRIAULT asked if the committee adopted Version J.                                                                    
                                                                                                                                
CHAIRMAN  TAYLOR noted  that Version  J needed  to be adopted  and                                                              
SENATOR DAVIS agreed.                                                                                                           
                                                                                                                                
SENATOR  ELLIS moved  to  withdraw his  previous  motion and  then                                                              
moved  to adopt  Version J  (Lauterbach, 3/26/02)  as the  working                                                              
draft before the committee.                                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR  announced that without  objection, Version  J was                                                              
adopted.                                                                                                                        
                                                                                                                                
SENATOR  ELLIS moved  CSSB 230(JUD)  and  any accompanying  fiscal                                                              
notes  on  to  the next  committee  of  referral  with  individual                                                              
recommendations.                                                                                                                
                                                                                                                                
CHAIRMAN TAYLOR  commented that the  fiscal notes are  zero fiscal                                                              
notes  so the  bill  does not  have  to be  heard  in the  Finance                                                              
Committee.  He  then  announced   that  with  no  objection,  CSSB
230(JUD) moved from committee.                                                                                                  
                                                                                                                                
The committee took up HB 207.                                                                                                   
                                                                                                                                
            HB 207-REALIGNMENT OF JUDICIAL DISTRICTS                                                                        
                                                                                                                                
REPRESENTATIVE MARY KAPSNER, sponsor  of HB 207, told members that                                                              
HB 207 is a  "clean-up" bill. It removes 13 villages  on the Yukon                                                              
River from  the Second  Judicial District and  places them  in the                                                              
Fourth Judicial  District. She  explained when judicial  districts                                                              
were  designed  at Statehood,  they  were  put together  based  on                                                              
commerce  and  transportation  patterns  at  the  time.  Nome  and                                                              
Fairbanks were  the transportation hubs and Yukon  villagers could                                                              
easily   go  to   Nome   for   their  judicial   needs.   However,                                                              
transportation patterns  have changed so that residents  of the 13                                                              
villages have to travel to Bethel  and Anchorage to get to Nome to                                                              
deal  with their  legal  matters.  Those residents  are  currently                                                              
being serviced  by the Fourth  Judicial District based  in Bethel,                                                              
but they cannot vote to retain the judges in that district.                                                                     
                                                                                                                                
CHAIRMAN TAYLOR  asked if  anyone else wished  to testify.  No one                                                              
responded. He then  said no amendments have been  offered and that                                                              
he would entertain a motion.                                                                                                    
                                                                                                                                
SENATOR   COWDERY  moved   CSHB  207(RLS)   from  committee   with                                                              
individual recommendations.                                                                                                     
                                                                                                                                
SENATOR THERRIAULT  asked if this legislation is  supported by the                                                              
court system.                                                                                                                   
                                                                                                                                
REPRESENTATIVE KAPSNER  said it is  and that Doug Wooliver  of the                                                              
court system  helped  to draft the  bill and  resolve the  Nabesna                                                              
problem.                                                                                                                        
                                                                                                                                
CHAIRMAN  TAYLOR  said he  spoke  with  Mr. Wooliver  earlier  who                                                              
expressed support. He then announced  that with no objection, CSHB
207(RLS) moved from committee with  individual recommendations. He                                                              
then recessed the meeting to a call of the chair.                                                                               

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