ALASKA STATE LEGISLATURE
HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
April 14, 2009
3:05 p.m.
MEMBERS PRESENT
Representative Bob Herron, Co-Chair
Representative Wes Keller, Co-Chair
Representative John Coghill
Representative Bob Lynn
Representative Paul Seaton
Representative Sharon Cissna
Representative Lindsey Holmes
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 71
"An Act relating to a registry for advance health care
directives."
- MOVED CSHB71 (HSS) OUT OF COMMITTEE
HOUSE BILL NO. 190
"An Act privatizing the Alaska children's trust as a separate
endowment fund; providing for an administrator for the assets of
the former trust; establishing conditions for a grant of the
balance of the former Alaska children's trust; designating
certain receipts as available for grants to the trust's
successor; and providing for an effective date."
- MOVED CSHB190 (HSS) OUT OF COMMITTEE
HOUSE BILL NO. 188
"An Act relating to the taxation of moist snuff tobacco, and
amending the definition of 'tobacco product' in provisions
levying an excise tax on those products."
- HEARD AND HELD
HOUSE BILL NO. 50
"An Act relating to limitations on mandatory overtime for
registered nurses and licensed practical nurses in health care
facilities; and providing for an effective date."
- MOVED CSHB50 (HSS) OUT OF COMMITTEE
HOUSE BILL NO. 126
"An Act relating to continuing the secondary public education of
a homeless student; relating to the purpose of certain laws as
they relate to children; relating to tuition waivers, loans, and
medical assistance for a child placed in out-of-home care by the
state; relating to foster care; relating to children in need of
aid; relating to foster care transition to independent living;
and relating to juvenile programs and institutions."
- HEARD AND HELD
CS FOR SENATE BILL NO. 32(FIN)
"An Act relating to medical assistance payments for home and
community-based services and provision of personal care services
in a recipient's home; and providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HB 71
SHORT TITLE: ADVANCE HEALTH CARE DIRECTIVES REGISTRY
SPONSOR(s): REPRESENTATIVE(s) HOLMES, DAHLSTROM, MILLETT,
KAWASAKI
01/20/09 (H) PREFILE RELEASED 1/16/09
01/20/09 (H) READ THE FIRST TIME - REFERRALS
01/20/09 (H) HSS, JUD
03/31/09 (H) HSS AT 3:00 PM CAPITOL 106
03/31/09 (H) Heard & Held
03/31/09 (H) MINUTE(HSS)
04/14/09 (H) HSS AT 3:00 PM CAPITOL 106
BILL: HB 190
SHORT TITLE: CHILDREN'S TRUST GRANT FOR ENDOWMENT
SPONSOR(s): REPRESENTATIVE(s) FAIRCLOUGH
03/16/09 (H) READ THE FIRST TIME - REFERRALS
03/16/09 (H) HSS, FIN
03/31/09 (H) HSS AT 3:00 PM CAPITOL 106
03/31/09 (H) Heard & Held
03/31/09 (H) MINUTE(HSS)
04/14/09 (H) HSS AT 3:00 PM CAPITOL 106
BILL: HB 188
SHORT TITLE: TAX ON MOIST SNUFF
SPONSOR(s): REPRESENTATIVE(s) HERRON
03/12/09 (H) READ THE FIRST TIME - REFERRALS
03/12/09 (H) HSS, L&C, FIN
03/24/09 (H) HSS AT 3:00 PM CAPITOL 106
03/24/09 (H) <Bill Hearing Rescheduled to 03/26/09>
03/26/09 (H) HSS AT 3:00 PM CAPITOL 106
03/26/09 (H) Heard & Held
03/26/09 (H) MINUTE(HSS)
04/09/09 (H) HSS AT 3:00 PM CAPITOL 106
04/09/09 (H) Heard & Held
04/09/09 (H) MINUTE(HSS)
04/14/09 (H) HSS AT 3:00 PM CAPITOL 106
BILL: HB 50
SHORT TITLE: LIMIT OVERTIME FOR REGISTERED NURSES
SPONSOR(s): REPRESENTATIVE(s) WILSON, GARA, TUCK, PETERSEN,
LYNN, SEATON, GATTO, CISSNA, MUNOZ, GARDNER
01/20/09 (H) PREFILE RELEASED 1/9/09
01/20/09 (H) READ THE FIRST TIME - REFERRALS
01/20/09 (H) HSS, FIN
03/12/09 (H) HSS AT 3:00 PM CAPITOL 106
03/12/09 (H) Heard & Held
03/12/09 (H) MINUTE(HSS)
04/11/09 (H) HSS AT 3:00 PM CAPITOL 106
04/11/09 (H) Heard & Held
04/11/09 (H) MINUTE(HSS)
04/14/09 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/14/09 (H) HSS AT 3:00 PM CAPITOL 106
BILL: HB 126
SHORT TITLE: FOSTER CARE/CINA/EDUCATION OF HOMELESS
SPONSOR(s): REPRESENTATIVE(s) GARA
02/11/09 (H) READ THE FIRST TIME - REFERRALS
02/11/09 (H) EDC, HSS, FIN
02/25/09 (H) EDC AT 8:00 AM CAPITOL 106
02/25/09 (H) Heard & Held
02/25/09 (H) MINUTE(EDC)
03/02/09 (H) EDC AT 8:00 AM CAPITOL 106
03/02/09 (H) Heard & Held
03/02/09 (H) MINUTE(EDC)
03/09/09 (H) EDC AT 8:00 AM CAPITOL 106
03/09/09 (H) Heard & Held
03/09/09 (H) MINUTE(EDC)
03/11/09 (H) EDC AT 8:00 AM CAPITOL 106
03/11/09 (H) Moved CSHB 126(EDC) Out of Committee
03/11/09 (H) MINUTE(EDC)
03/12/09 (H) EDC RPT CS(EDC) NT 2DP 2NR
03/12/09 (H) DP: GARDNER, BUCH
03/12/09 (H) NR: KELLER, SEATON
04/14/09 (H) HSS AT 3:00 PM CAPITOL 106
WITNESS REGISTER
BEVERLY WOOLEY, Director
Central Office
Division of Public Health
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 71.
MARIE DARLIN, Coordinator
AARP Capital City Task Force
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 71.
REPRESENTATIVE ANNA FAIRCLOUGH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions on HB 190, as the prime
sponsor of the bill.
PANU LUCIER, Executive Director
Alaska Children's Trust (ACT) and Friends of the Alaska
Children's Trust (FACT)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 190, Version C.
SAMMYE POKRYFKI, Vice Chair
Friends of the Alaska Children's Trust (FACT)
Anchorage, Alaska
POSITION STATEMENT: Spoke in support of HB 190.
REPRESENTATIVE PEGGY WILSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As the prime sponsor of HB 50, answered
questions on the bill.
BECKY ROONEY, Staff
Representative Peggy Wilson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained Version M to HB 50 on behalf of
Representative Wilson, prime sponsor.
REPRESENTATIVE LES GARA
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 126, as the prime sponsor of
the bill.
AMANDA METIVIER, Statewide Coordinator
Facing Foster Care
Anchorage, Alaska
POSITION STATEMENT: Testified during the hearing on HB 126.
CAROL COMEAU, Superintendent
Anchorage School District
Anchorage, Alaska
POSITION STATEMENT: Spoke in support of HB 126.
BARB DEXTER, McKinney-Vento Liaison
Anchorage School District
Anchorage, Alaska
POSITION STATEMENT: Answered questions about HB 126.
LAURA HEYWOOD, Volunteer
Court Appointed Special Advocate (CASA)
Juneau, Alaska
POSITION STATEMENT: Spoke in support of HB 126.
MICHELLE DEWITT, Executive Director
Tundra Women's Coalition
Bethel, Alaska
POSITION STATEMENT: Testified during the hearing on HB 126.
CAROLYN ROESBERY
Cordova, Alaska
POSITION STATEMENT: Spoke in support of HB 126.
MIKE LESMANN, Program Coordinator
Office of Children's Services (OCS)
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Answered questions about HB 126.
ACTION NARRATIVE
3:05:49 PM
CO-CHAIR WES KELLER called the House Health and Social Services
Standing Committee meeting to order at 3:05 p.m.
Representatives Keller, Herron, Holmes, Cissna, Seaton, and Lynn
were present at the call to order. Representative Coghill
arrived as the meeting was in progress.
HB 71-ADVANCE HEALTH CARE DIRECTIVES REGISTRY
3:06:07 PM
CO-CHAIR KELLER announced that the first order of business would
be HOUSE BILL NO. 71, "An Act relating to a registry for advance
health care directives."
3:06:35 PM
REPRESENTATIVE SEATON moved to adopt the proposed Committee
Substitute (CS) for HB 71, Version 26-LS0289\P, Bannister,
4/8/09, as the working document.
3:06:48 PM
CO-CHAIR KELLER objected for the purpose of discussion.
3:07:00 PM
REPRESENTATIVE HOLMES said HB 71 would create a way to access
living wills on line. The changes that would be made through
Version P are: Two sections of the bill, which would allow
access to records by outside agencies, would be removed; the
registry would consist only of names and scanned copies of the
directives, thus creating less work for the department; only the
individual whose living will is in the database would be allowed
to ask to have that registry removed; the department would be
left to regulate how the registry would be purged of deceased
individuals; and the department would be exempted from liability
in the operation and maintenance of the registry. She noted
that there would be upcoming amendments addressing the issue of
purging the registry.
3:08:35 PM
REPRESENTATIVE HOLMES, in response to a question from Co-Chair
Keller, stated that the individual who has asked to have his/her
living will put into the registry would not be given on line
access, but would be able to request a copy at any time from the
department. The on line access would be limited to hospitals
and other health care facilities. Representative Holmes added
that the guardian or surrogate would also have access upon
request.
3:09:15 PM
BEVERLY WOOLEY, Director, Central Office, Division of Public
Health, Department of Health and Social Services (DHSS),
testified in support of the intent of HB 71 to provide health
directives in a more efficient manner across the state.
Initially, she related, the division anticipated that the date
system required would be much more robust; however, the sponsor
has amended the bill to the point that the system would be
simplified. Ms. Wooley offered examples of how the department
would scan the document brought in and provide that information
to hospitals and health care providers as needed. That process
will be worked out through regulations and care will be taken
not to be in violation of HIPPA or any other requirements.
MS. WOOLEY said the fiscal note will be scaled back. One of the
changes that will be made within the department would be to
house the responsibility for this process within the area of
Healthcare Services versus Public Health. The shift would not
impact the bill, she noted. Ms. Wooley relayed that the
administration's position on the proposed legislation is
neutral.
3:11:36 PM
REPRESENTATIVE CISSNA shared that she has been in the position
of losing a living will when her husband died, and she said
"this" could have helped. She spoke of the process of changing
a living will and questioned if there might be an easier way to
do so.
3:12:25 PM
MS. WOOLEY answered that the goal will be to have the most
accurate information available in the timeliest manner possible.
The department has been inquiring of other states to learn from
their mistakes.
3:13:10 PM
REPRESENTATIVE SEATON asked if other forms would be accepted by
the department.
3:13:39 PM
MS. WOOLEY responded that the department will not be able to
take in forms indiscriminately, because it will have to follow
the Health Insurance Portability and Accountability Act (HIPAA)
requirements. The department will have to ensure that the form
that is provided provides the department with the necessary
release of that information in a legally sound manner. The
forms must be either generated or approved by the department,
she said.
3:14:19 PM
REPRESENTATIVE SEATON asked if the department's form would take
precedent over any form filed at a later date.
3:15:39 PM
MS. WOOLEY replied that she is not sure, but that the final date
would be the one that must be adhered to. The department's
intent would be to ensure that the person's wishes "at that
time" are the wishes that would be carried out. The department
would work with its legal department to ensure that situations
are clearly outlined.
3:16:33 PM
CO-CHAIR KELLER expressed his wish that the process through the
department would be as timely.
3:17:39 PM
MS. WOOLEY concurred.
3:18:15 PM
MARIE DARLIN, Coordinator, AARP Capital City Task Force,
testified in support of HB 71. She characterized the proposed
legislation as the next step in improving "what we've already
done with the advance directives."
3:19:41 PM
CO-CHAIR KELLER removed his objection. There being no further
objection, Version P was before the committee.
3:20:05 PM
CO-CHAIR HERRON moved to adopt Amendment A, which read [original
punctuation provided]:
Page 2, line 29 & 30
After "registry":
Delete "and return it to the individual who
made the directive"
Page 3, line 4
After "file"
Delete ", return,"
The committee took an at-ease from 3:20 p.m. to 3:21 p.m.
3:21:25 PM
CO-CHAIR KELLER objected for the purpose of discussion.
3:21:52 PM
REPRESENTATIVE HOLMES explained that Amendment A was requested
by DHSS, and that it would remove the burden on DHSS to store
and return the physical hard copy of the directives.
3:22:27 PM
CO-CHAIR KELLER removed his objection.
3:22:35 PM
REPRESENTATIVE SEATON objected for the purpose of discussion.
3:22:58 PM
REPRESENTATIVE HOLMES, in response to Representative Seaton,
explained that the intent of the bill is that the person who
gives the directive to the department would be the only one to
rescind it, but that copies of that directive could be given out
to that person or "agent, guardian, or surrogate of the
individual who made the directive."
3:24:07 PM
REPRESENTATIVE SEATON removed his objection. There being no
further objection, Amendment A was adopted.
CO-CHAIR HERRON moved to adopt Amendment B, which read [original
punctuation provided]:
Page 3, line 14
After "criteria":
Insert "and procedures for the collection,
storage, access, distribution, removal and disposal of
directives from the registry"
3:24:25 PM
CO-CHAIR KELLER objected for the purpose of discussion.
REPRESENTATIVE HOLMES explained that Amendment B would add
specifications that were requested by the department.
3:25:11 PM
CO-CHAIR KELLER removed his objection. There being no further
objection, Amendment B was adopted.
3:25:34 PM
CO-CHAIR HERRON moved to report CSHB 71, Version 26-LS0289\P,
Bannister, 4/8/09, as amended, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 71 (HSS) was reported from the House Health
and Social Services Standing Committee.
The committee took an at-ease from 3:25 p.m. to 3:26 p.m.
HB 190-CHILDREN'S TRUST GRANT FOR ENDOWMENT
3:26:30 PM
CO-CHAIR KELLER announced that the next order of business would
be HOUSE BILL NO. 190, "An Act privatizing the Alaska children's
trust as a separate endowment fund; providing for an
administrator for the assets of the former trust; establishing
conditions for a grant of the balance of the former Alaska
children's trust; designating certain receipts as available for
grants to the trust's successor; and providing for an effective
date."
3:26:55 PM
CO-CHAIR HERRON moved to adopt the proposed Committee Substitute
(CS) for HB 190, Version 26-LS0502\C, Mischel, 4/10/09, as the
working document.
3:27:03 PM
CO-CHAIR KELLER objected for the purpose of discussion.
3:27:09 PM
REPRESENTATIVE ANNA FAIRCLOUGH, Alaska State Legislature, as
prime sponsor of HB 190, explained the changes incorporated in
Version C: Section 1 stipulates that the annual appropriation
would be equivalent to 5 percent of the market value ["of the
unencumbered balance of the trust income and principle"];
Section 2 adds the areas of sexual assault and domestic violence
as those in which the public members [appointed to the Alaska
Children's Trust Board] could have experience and expertise;
Section 3 describes the powers and duties of the ACT Board,
including that it monitors grants, raises funds for the trust,
and approves written findings to the named recipient, which
essentially mirrors the duties already existent in state code;
Section 4 amends AS 37.14.240 to allow the average of the 5
percent of market value to be appropriated to the main
participant, as well as allowing $150,000 from the principle of
the trust to be used for administrative expenses, which, except
for the percent of market value, is consistent with current
statute; and Section 5 allows the legislature to appropriate the
funds to a recipient that is a nonprofit dedicated to the
reduction and prevention of child abuse and neglect, and
requires the main recipient to comply with grant requirements
imposed through HB 190.
3:29:56 PM
REPRESENTATIVE SEATON indicated that Version C would address
many of the concerns of the committee. He asked what time of
year the aforementioned balance would be judged as unencumbered.
3:30:22 PM
REPRESENTATIVE FAIRCLOUGH noted that there are two amendments
for the consideration of the committee. One of the amendments
would change the market value to the average and specify a date,
while the other would add one nonvoting member [to the board].
3:31:03 PM
CO-CHAIR KELLER removed his objection. There being no further
objection, Version C was before the committee as the working
document.
3:31:15 PM
REPRESENTATIVE FAIRCLOUGH said her office reached out to the
administration over the last 30 days, asking for help in how to
address the issue of child abuse and neglect in Alaska, and a
week ago met with the administration in the Office of the
Governor; however, she said there was no response until five
minutes before this House Health and Social Services Standing
Committee meeting, when the administration stated that it would
like to "hold off and wait a little bit more." She said the
administration has provided no specific recommendations on how
to "do anything differently." She emphasized the importance of
moving the bill through the first committee, at least, to
continue its discussion. She said she cannot move forward on
this issue when being told by the administration that it wants
to wait.
REPRESENTATIVE FAIRCLOUGH noted that in 2009, there will be
$186,799 distributed to community members, whereas the
distribution in 2008 was $557,473. The bill would stabilize the
funding stream into the prevention of child abuse and neglect.
The occurrence of that abuse and neglect rises in homes during a
downturn in the economy, she noted.
3:34:03 PM
PANU LUCIER, Executive Director, Alaska Children's Trust (ACT)
and Friends of the Alaska Children's Trust (FACT), testified in
support of CSHB 190, Version 26-LS0502\C, Mischel, 4/10/09.
Version C would allow FACT, as a nonprofit organization
established in 1997, to continue to raise funds and set up an
endowment fund outside of the state. The organization then
could guarantee that "donor intent is honored." Version C would
also allow for a more streamlined process for distributing grant
funds, Ms. Lucier related. She opined that Representative
Fairclough's comment regarding the lack of funding this year
illustrates the need to set up an endowment to enable the FACT
Board to be successful in raising funds to support the mission
of addressing child abuse and neglect. Ms. Lucier concluded by
stating that both ACT and FACT support amending the bill to
include a five-year average percent of market value.
3:35:59 PM
SAMMYE POKRYFKI, Vice Chair, Friends of the Alaska Children's
Trust (FACT), testified in support of CSHB 190, Version 26-
LS0502\C, Mischel, 4/10/09.
3:36:29 PM
REPRESENTATIVE SEATON moved to adopt Amendment C.1, labeled 26-
LS0502\C.1, Mischel, 4/14/09, which read:
Page 2, line 8:
Delete "."
Insert "; and"
Page 2, following line 8:
Insert new paragraphs to read:
"(5) one nonvoting member appointed by the
speaker of the house of representatives;
(6) one nonvoting member appointed by the
president of the senate."
3:37:00 PM
CO-CHAIR KELLER objected.
3:37:06 PM
REPRESENTATIVE FAIRCLOUGH explained Amendment C.1.
[Co-Chair Keller's objection was treated as withdrawn.]
3:37:32 PM
REPRESENTATIVE SEATON objected for the purpose of discussion.
3:37:45 PM
CO-CHAIR KELLER expressed his support of Amendment C.1. He said
he gets uneasy when the legislature appropriates money and does
not pay attention to how it is being spent. The proposed two
nonvoting members would provide a link to the legislature.
3:38:35 PM
REPRESENTATIVE SEATON said he appreciates that the members that
would be added by Amendment C.1 would be nonvoting members, so
that there would be no problems regarding a quorum. He removed
his objection. There being no further objection, Amendment C.1
was adopted.
3:38:56 PM
CO-CHAIR HERRON moved to adopt Amendment C.2, labeled 26-
LS0502|C.2, Mischel, 4/14/09, which read:
Page 1, line 5:
Delete "market value of the unencumbered balance"
Insert "average of the market values"
Page 1, line 6, following "principal":
Insert "on June 30 for the first five of the six
fiscal years immediately preceding that fiscal year"
3:39:07 PM
CO-CHAIR KELLER objected.
3:39:15 PM
REPRESENTATIVE FAIRCLOUGH explained that Amendment C.2 addresses
concerns raised by proposing to let the Department of Revenue do
what it does best - average the market values - and by setting
the date of June 30.
3:39:43 PM
CO-CHAIR KELLER removed his objection. There being no further
objection, Amendment C.2 was adopted.
3:39:56 PM
REPRESENTATIVE CISSNA related that she has watched ACT over
time, and "the community" relies on grants to improve the
conditions of children. She said she wants to move forward with
the bill.
3:41:07 PM
REPRESENTATIVE HOLMES spoke in support of HB 190, noting that
she is a co-sponsor of the proposed legislation. She emphasized
the hard work of ACT and FACT over the last several years toward
this legislation, along with the efforts of the prime sponsor.
The proposed bill will help obtain two main goals: to "steady
out the stream of money that's available" and to have an entity
who can receive private donations to supplement the funds coming
from the state. She said the bill is not the ideal solution,
but is "an excellent compromise."
3:42:49 PM
REPRESENTATIVE SEATON noted that language on page 1 of Version C
states that the legislature may appropriate to a named
recipient, while on page 2, the language specifies that the
board shall appropriate to a named recipient. He asked if it
would be a variable named recipient, and whether that is the
same grant being referenced on pages 1 and 2.
3:43:38 PM
REPRESENTATIVE FAIRCLOUGH responded that the ACT Board issues
grants to the named recipient, and then after that will review
what that named recipient does regarding "subgrantees." In
response to a request for clarification from Representative
Seaton, she stated that the board, under state statute, is the
entity that makes the award to the recipient; however, the
Alaska State Legislature is the appropriation power. Once the
legislature chooses to appropriate the funds, the board goes
through the grant writing process to name that recipient.
3:46:03 PM
CO-CHAIR HERRON moved to report CSHB 190, Version 26-LS0502\C,
Mischel, 4/10/09, as amended, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 190 (HSS) was reported from the House Health
and Social Services Standing Committee.
The committee took an at-ease from 3:46 p.m. to 3:51 p.m.
HB 188-TAX ON MOIST SNUFF
3:51:36 PM
CO-CHAIR KELLER announced that the next order of business would
be HOUSE BILL NO. 188, "An Act relating to the taxation of moist
snuff tobacco, and amending the definition of 'tobacco product'
in provisions levying an excise tax on those products."
[Left pending from the April 9, 2009, House Health and Social
Services Standing Committee meeting, was an objection by Co-
Chair Keller to a motion to adopt the committee substitute (CS)
for HB 188, Version 26-LS0714\N, Bullock, 4/9/09, as a working
document.]
CO-CHAIR KELLER removed his objection. There being no further
objection, Version N was adopted as the working document.
[HB 188 was held over.]
[Co-Chair Keller passed the gavel to Co-Chair Herron.]
HB 50-LIMIT OVERTIME FOR REGISTERED NURSES
3:52:05 PM
CO-CHAIR HERRON announced that the next order of business would
be HOUSE BILL NO. 50, "An Act relating to limitations on
mandatory overtime for registered nurses and licensed practical
nurses in health care facilities; and providing for an effective
date."
CO-CHAIR KELLER moved to adopt the proposed Committee Substitute
(CS) for HB 50, Version 26-LS0274\M, Wayne, 4/14/09, as the
working document.
3:52:54 PM
CO-CHAIR HERRON objected for the purpose of discussion.
3:53:30 PM
REPRESENTATIVE PEGGY WILSON, Alaska State Legislature, as joint
prime sponsor of HB 50, explained Version M reflects a five-year
effort to protect patients by ensuring that nurses do not work
an excessive amount of hours without adequate rest. The
proposed legislation strikes a balance between maintaining
flexibility in health care facilities and improving patient
safety and healthful work environments. Under Version M, she
relayed, nurses could not work more than 14 consecutive hours
without at least ten hours of rest, unless needed for
emergencies. Nor would they be forced to work overtime if, in
their opinion, doing so would jeopardize patient safety.
REPRESENTATIVE WILSON emphasized that the bill would not
preclude the use of voluntary overtime and on-call work. She
said she has heard the concerns of larger hospitals, rural
communities, and Native facilities that flexibility [is needed]
to provide for situations such as working on-call, dealing with
weather, completing an ongoing surgery, or accommodating
"reoccurring difficulties in smaller communities." She thanked
the other sponsors of the bill and deferred to her staff to
point out the specific changes made in Version M.
3:55:10 PM
BECKY ROONEY, Staff, Representative Peggy Wilson, Alaska State
Legislature, highlighted the changes made in Version M. She
noted that witnesses in opposition have testified that although
hospitals generally do not use mandatory overtime, in certain
circumstances in remote, rural facilities, mandatory overtime is
necessary. Version M reflects three changes addressing that
concern. On page 4, line 19, a new exemption has been added
called, "Temporary nurse staffing emergency." Under this
provision, she explained, facilities would be allowed to declare
a temporary nurse staffing emergency of up to 30 days, after
making all reasonable efforts to "avoid this circumstance." The
facilities would be required to file a report signed by the
facility administrator, and send it to the Department of Labor &
Workforce Development. The report must describe the facilities
efforts to avoid the staffing emergencies. The reports must
also be filed with the legislature if there are more than two
such emergencies declared within six months, or three
emergencies within one year.
MS. ROONEY noted that the second mitigation provided in Version
M is found on page 8, lines 19-21, and is a definition of a
rural village or city as one with a population of less than
10,000 people, unless the village or city is in an organized
borough with a population of more than 25,000. The third
mitigation provided in Version M is an exemption for unforeseen
weather conditions. That definition is on page 3, lines 11-18.
The fourth issue addressed occurs on page 3, lines 2-3, and is
an exemption for a nurse participating in an ongoing surgery of
medical procedure.
MS. ROONEY noted that the committee had heard testimony
describing a situation in which a "modified Baylor program" was
used by North Star Behavioral Health. She stated, "This
staffing situation is used only at psychiatric hospitals and
residential treatment centers that treat adolescents and
children - and only on the weekends." Language on page 3, line
31, through page 4, line 15, describes a specific practice
exemption "for just this situation." Another concern expressed
during testimony both by those in support of and in opposition
to the bill was in regard to mandatory on-call being used more
frequently as a staffing tool than mandatory overtime. The
practice often requires nurses to work beyond the number of
hours that are safe for both the patient and the nurse, Ms.
Rooney said. Language has been added on page 3, lines 23-25, of
Version M, which would allow nurses the ability to refuse
mandatory on-call if they believe they are too tired to perform
their duties safely.
MS. ROONEY noted another concern expressed during testimony was
that an 80-hour limitation in a 14-day period would not be
flexible enough for some facilities. That requirement was
deleted and replaced by a provision that would allow nurses to
work as many shifts as they feel safe working, as long as those
shifts do not exceed the 14 consecutive hours with the
aforementioned 10-hour rest limit.
MS. ROONEY pointed out that a Tanana Chief's letter, dated
4/10/09 and the Alaska Native Tribal Health Consortium position
paper, dated 3/9/09, both allude to possible legal problems
pertaining to jurisdiction. In order to satisfy those concerns,
all federal and Native facilities would be exempted from the
statute, as shown on page 7, lines 13-17.
MS. ROONEY relayed that during the April 11, 2009, House Health,
Education and Social Services Standing Committee meeting, it was
brought up that the reporting requirements for a facility that
does not use mandatory overtime or mandatory on-call practices
were much too arduous. She said a provision on page 7, lines 6-
10, of Version M, would allow a facility to submit a statement
that there are no hours to report. Furthermore, the requirement
for the data to be reported was changed to overtime and on-call
hours only, with no distinction between mandatory and voluntary.
MS. ROONEY highlighted two other changes. First, facilities
would be required to post signs that describe the statutes
created by the proposed legislation. The signs would be
distributed by the Department of Labor (DOL) and would have to
be displayed in a conspicuous work area in all facilities.
Second, the language on page 4, line 16, was changed from a one-
hour exemption to a two-hour exemption while a health care
facility is obtaining another nurse to work in place of the
nurse in overtime status. She explained that the extension to
two hours was made because "we feel that people have to get
their lives together to get back to the facility if they are
called in." Ms. Rooney concluded by noting that there were also
a couple of typographical errors that were corrected.
4:02:11 PM
CO-CHAIR HERRON expressed concern that even with the changes
made in Version M, he is still concerned about the reporting
requirements. He said clarification is needed so that pre-
scheduled on-call is not counted as part of the aforementioned
14 consecutive hours. In response to Representative Cissna, he
said these are concerns that he looks forward to addressing with
the sponsor in the next committee of referral; he does not want
to hold the bill up in this committee.
4:03:46 PM
REPRESENTATIVE CISSNA noted that her district is the seat of the
health consortium that "looks over the whole state," and she
emphasized the importance of hearing from as many voices as
possible, including those from rural communities.
4:05:15 PM
CO-CHAIR HERRON said no one has signed up to testify presently.
He noted that he has been working closely with all the
stakeholders who have agreed to "the federal facilities carve
out" and the tribes, but still has concern about the issue. He
indicated that concern is that the exemption could create two
classes of nurses.
4:06:13 PM
REPRESENTATIVE SEATON told Representative Cissna that one of the
reasons the 80-hour in 14 days requirement was taken out was
regarding scheduling conflict.
4:07:10 PM
REPRESENTATIVE SEATON asked about the first sentence beginning
on page 5, line 21, which read:
(b) A complaint alleging a violation of AS
18.20.400 - 18.20.499 must be filed with the
commissioner within 30 days after the date of the
alleged violation.
REPRESENTATIVE SEATON said the violations might be an ongoing
process. He said he would like the sponsor's intent regarding
the 30-day filing date to be stated on the record.
REPRESENTATIVE WILSON said rules would be posted for all
employees to see.
4:09:55 PM
MS. ROONEY said she thinks the intent is that if there is an
ongoing practice, "it's 30 days from the last occurrence of that
incident." Ms. Rooney, in response to Representative Seaton,
indicated that the sponsor would make that intent clear.
4:10:22 PM
CO-CHAIR HERRON removed his objection to Version M. There being
no further objection, Version M was before the committee as the
working document.
4:10:42 PM
REPRESENTATIVE CISSNA said she has visited rural hospitals that
are taking on enormous challenges beyond the understanding of
urban Alaska. She said it is possible that these discussions
may not include all who will be impacted, and she reiterated her
desire to hear from a wider range of people. She stated that
she would probably object to Version M, not because she does not
want it to pass, but because of a gut feeling.
4:12:36 PM
CO-CHAIR HERRON said he shares Representative Cissna's concerns.
He reiterated that he has worked with the federal facilities.
Neither the federal entity nor the nurses are really happy with
the legislation, but it is a work in progress. He expressed
confidence in moving the bill on to the next committee.
4:13:27 PM
CO-CHAIR KELLER moved to report CSHB 50, Version 26-LS0274\M,
Wayne, 4/14/09, out of committee with individual recommendations
and the accompanying fiscal notes.
4:13:49 PM
REPRESENTATIVE CISSNA objected.
A roll call vote was taken. Representatives Keller, Herron,
Lynn, Coghill, Holmes, and Seaton voted in favor of reporting
Committee Substitute (CS) for HB 50, Version 26-LS0274\M, Wayne,
4/14/09, out of committee with individual recommendations and
the accompanying fiscal notes. Representative Cissna voted
against it. Therefore, CSHB 50(HSS) was reported out of the
House Health and Social Services Standing Committee by a vote of
6-1.
The committee took an at-ease from 4:14 p.m. to 4:16 p.m.
HB 126-FOSTER CARE/CINA/EDUCATION OF HOMELESS
4:16:53 PM
CO-CHAIR HERRON announced that the final order of business would
be HOUSE BILL NO. 126, "An Act relating to continuing the
secondary public education of a homeless student; relating to
the purpose of certain laws as they relate to children; relating
to tuition waivers, loans, and medical assistance for a child
placed in out-of-home care by the state; relating to foster
care; relating to children in need of aid; relating to foster
care transition to independent living; and relating to juvenile
programs and institutions." [Before the committee was CSHB
126(EDC).]
4:17:03 PM
CO-CHAIR KELLER moved to adopt the proposed Committee Substitute
(CS) for HB 126, Version 26-LS0309\C, Mischel, 4/09/09, as the
working document.
4:17:25 PM
CO-CHAIR HERRON objected.
4:17:33 PM
CO-CHAIR KELLER noted that he had worked on this bill more than
any other. He said moving too fast with the bill would be
troubling, because the proposed policy changes are very big. He
acknowledged the helpfulness of Representative Gara.
4:18:34 PM
REPRESENTATIVE LES GARA, Alaska State Legislature, as prime
sponsor, presented HB 126. He noted that many summits have been
held over the past year to figure out how to fix the major
problems in Alaska's foster care system in the most efficient
manner possible. The proposed legislation would solve two types
of problems in the foster care system. First, it would address
problem foster youths face in having to frequently move from
home to home and school to school, the result of which is an
increase in the chance those foster youths will not make it
through the school year, graduate on time, or graduate at all.
The McKinney-Vento Homeless Assistance Act, a federal Act, was
passed to keep homeless youths and youths awaiting foster
placement in the same school. Section 1 of HB 126 would extend
the same protection to all foster youths. Youths would stay in
the same school, as long as it was feasible to do so, and unless
their guardians decided a new school would be more beneficial
for them. There would also be help with transportation costs.
Under the federal Act there is a liaison, and HB 126 further
proposes that that liaison would also help foster youths.
REPRESENTATIVE GARA said HB 126 reflects a federal standard,
which is that social workers should visit with foster youths.
In 30 percent of cases, visits only occur once every eight
months, and HB 126 proposes that visits occur each month. Other
states, including Minnesota, have set that standard, and HB 126
uses the language in Minnesota's law. Representative Gara noted
that this provision would be "aspirational" because it cannot be
mandated. He said he thinks the Office of Children's Services
(OCS) is currently doing a good job in trying to meet the
monthly visit goal; therefore, he would consider having that
language removed if the committee decides that is what it wants.
REPRESENTATIVE GARA noted that a University of Alaska study
shows that in Alaska, 40 percent of youths coming out of foster
care end up homeless at some point in their lives. The proposed
legislation would have the State of Alaska cover the cost of
college or state job training for youths coming out of the
foster system. Representative Gara said the state does that
already, but limits its coverage to 10 youths. The state also
provides employment training vouchers (ETVs) through OCS - but
only a limited number of them. The bill proposes to fully fund
what the state is already doing. He talked about the incentive
of telling a foster youth that when he/she graduates from high
school, there will be job training or an education through the
University of Alaska available.
REPRESENTATIVE GARA said currently OCS operates the "Independent
Living Program" for youths coming out of foster care, which
provides rental assistance to those youths who cannot afford to
pay rent. However, that assistance ends after the third month.
The proposed legislation would extend that to six months. The
daily amount would be up to the amount already given as a daily
reimbursement rate to foster parents. The bill proposes that
after those six months, if needed, a youth could receive another
three months assistance, at "up to half the rate."
Representative Gara noted that Version C proposes a full year of
rental help, but he said feedback from OCS and some of the youth
advocates has indicated that they would be comfortable amending
to the six months with a possible three-month extension.
REPRESENTATIVE GARA noted that there is another amendment to
help nonprofit organizations, including Change Point Church, to
recruit foster parents. There is a nationwide movement to
extend foster care to those who need it from age 18 to age 21.
There are federal matching funds that became available this
year, he noted.
REPRESENTATIVE GARA related that he has worked closely with the
Casey Family Foundation, which is a nationwide group that
supports foster youths. The foundation has aided in the
formation of Facing Foster Care - a statewide foster youth
advocacy group.
4:28:08 PM
CO-CHAIR KELLER offered his understanding that the McKinney-
Vento Homeless Assistance Act was designed for homeless
families; therefore, the liaison in the school is working in the
context that there is a presumed parent. He said he thinks the
proposed bill would go significantly further than that by
including the foster child as "part of the equation in
determining what's in the best interest of the child."
4:30:05 PM
REPRESENTATIVE GARA responded that the McKinney-Vento Homeless
Assistance Act essentially leaves the decision with the guardian
as to whether moving to a new school would be beneficial to the
student.
4:31:40 PM
CO-CHAIR KELLER noted that McKinney-Vento goes beyond that by
asking the school district to be able to provide a written
explanation of what is in the best interest of the child.
4:31:45 PM
AMANDA METIVIER, Statewide Coordinator, Facing Foster Care,
noted that she is an alumnus of the foster care system in Alaska
and is currently a foster care parent to a teenager. Ms.
Metivier stated:
As Representative Gara mentioned, our state currently
offers 10 tuition waivers a year for youth to age out,
and right now there are 28 current and former foster
youths statewide who are within the University of
Alaska system, utilizing those waivers, and there are
ten other youths who are attending college who aren't
on the waiver, but do have assistance from the
education and training voucher.
MS. METIVIER told the committee that she was one of only five
recipients of a waiver about five years ago, and she stated with
certainty that she would not have attended college if she had
not received that waiver the first time she applied for it. She
related that she graduated last December with a bachelor's
degree in social work. She continued:
When I came into foster care I was a high school
dropout, and for me, higher education was a way to
break the cycle of abuse within my family, as it is
for most foster youths who age out of custody. For
young people who come into foster care, the state
becomes their parent, and, as someone mentioned
before, biological parents don't cut their children
off when they turn 18, both financially and
emotionally.
... For most older youths who come into foster care,
permanency isn't going to be an option, so ... for the
most part they're not going to be placed in a
guardianship or get adopted; ... they're not going to
get what is referred to as a "forever family." And
so, having assistance from the department and from the
state to continue their education is a way for them to
not end up homeless and not end up in jail or relying
on public assistance for long periods of time. And I
think the statistics show that we have young people
that aren't doing well, and this is really a
reflection of gaps within the system. That ... the
ten tuition [waivers] we revere isn't ... enough. And
so, for those of us who do succeed, I think it shows
that ... something's being done right - these waivers
are a good thing. And so, why not extend it to all
youths who age out?
4:34:47 PM
CAROL COMEAU, Superintendent, Anchorage School District,
testified in support of HB 126. She relayed that the district
has been working on this issue for quite a few years, beginning
with the school board's adopting policies to conform to the
McKinney-Vento Homeless Assistance Act. Ms. Comeau noted that
the district has been working with Representative Gara and a
number of foster care students and alumni in the district who
have aged out of the system.
MS. COMEAU noted that Section 1 would require the district to
provide transportation during summer school. She noted that the
district does not provide transportation to students for summer
school, because the students come from all over. She stated
that the district could not support Section 1 as currently
written.
4:36:58 PM
REPRESENTATIVE HOLMES said there would be a forthcoming
amendment to address that issue.
4:37:08 PM
MS. COMEAU emphasized the importance of the language in Section
1, on page 2, lines 2-4, which read as follows:
(b) The requirements in (a) of this section do
not apply if the student moves to a school district
other than the school district in which the student's
school of origin is located.
MS. COMEAU explained that the district does not want to be
responsible for and does not support transporting students out
of district.
MS. COMEAU then pointed to language in Section 1, subsection
(d), paragraph (1), which read:
(d) A school district is required to comply with
this section only
(1) if the legislature appropriates funds
for the purpose; and
MS. COMEAU asked for clarification as follows:
In other words, if the law is passed, does that mean
there needs to be a separate allocation to pay for the
transportation, or would it be assumed that in the
base student allocation funding - this funding we get
from the state - that we would have to take it out of
that?
MS. COMEAU said the district supports the proposed provision
that would allow the student to be moved to another school, if
the guardian makes the request.
4:38:40 PM
REPRESENTATIVE GARA, regarding legislative funding, said the
intent is that the legislature does not establish an unfunded
mandate. He said he does not think the language is unclear, but
offered to take a look at it.
4:39:58 PM
MS. COMEAU next pointed out the language in Section 1,
subsection (f), which read:
(f) A school district shall designate a liaison
between the school district and the homeless student
and the student's legal guardian to coordinate
compliance with this section.
MS. COMEAU said her interpretation of that proposed language is
based on the district's experience. She explained that it is
the role of the district's Child in Transition/Homeless Program,
funded out of Title I, to work with these students. She asked,
"Are you saying that we need to have a liaison for every child
in foster care, or is one district liaison or maybe another one
for this adequate?"
4:40:44 PM
REPRESENTATIVE GARA indicated that the bill would require the
same liaison as is required by the federal Act. Nothing in the
language of the bill would require the district to hire any
additional personnel.
4:41:53 PM
REPRESENTATIVE CISSNA commented that her experience has shown
that there is currently so much turnover in schools that
allowing a student to stay in a school often becomes a "network"
to that student. Foster youths are lacking peer networks that
can help them into adulthood. She stated, "We need to do more
than this bill allows, but probably this bill sets the stage."
4:43:54 PM
MS. COMEAU concurred, but said the district strongly believes
that in some cases the flexibility to allow a child to transfer
is needed. She opined that HB 126 sends the message that "these
young people deserve some extra support because of the very
great chaos in their lives."
4:44:23 PM
CO-CHAIR KELLER asked Ms. Comeau to confirm whether she supports
the entire bill.
4:44:51 PM
MS. COMEAU responded that she supports the bill conceptually,
but said she has not looked in depth at the other sections of
the bill that do not apply to the Anchorage School District or
to K-12 education.
4:45:26 PM
REPRESENTATIVE SEATON noted that the original bill version would
require a best interest finding. He asked Ms. Comeau if she is
comfortable with the requirements in Version C, for example,
that the school district would be required to provide a written
explanation for an appeal procedure.
4:46:08 PM
MS. COMEAU answered yes.
4:46:14 PM
MS. COMEAU, in response to Co-Chair Keller, clarified that the
Anchorage School District is currently providing transportation
to homeless students, which is only partially paid for through
Title I funding. The district has paid for the difference for
the last two years, and has $380,000 of next year's general fund
slated to pay for that transportation. The district is very
spread out, so the cost of buses and taxicabs is high, she
noted. In response to a follow-up question from Co-Chair
Keller, she estimated that the portion of that money that comes
from Title I is $150,000.
4:47:37 PM
BARB DEXTER, McKinney-Vento Liaison, Anchorage School District,
testified in support of HB 126, echoing Ms. Comeau's caution
regarding the funding for transportation. She said
transportation costs not only cover the vendor, but also
staffing. Ms. Dexter indicated that she has been involved in
this type of work for 16 years. Many homeless youths she has
worked with have been in and out of foster care. She relayed
that as a youth becomes an adolescent it is sometimes more
difficult to maintain placement. She emphasized that
maintaining school stability helps maintain placement stability.
In response to Co-Chair Keller, she clarified that her work as
liaison is with homeless children; although she works with some
who qualify for foster care under the federal Act. She said her
caseload currently includes 1,100 students. The Anchorage
School District has identified more than 3,000 students who have
experienced homelessness this year. She added that there are a
much higher number of homeless youths than there are children in
foster care.
CO-CHAIR KELLER offered his understanding that there are
approximately 2,100 youths in foster care statewide. He
remarked that a 1,100 caseload seems pretty high.
MS. DEXTER noted that there is a staff of 10 people who provide
that support for 3,000 students. She said she and the staff are
the lead agency in terms of identifying children who meet the
homeless qualifications, but they do not provide all the
services; "it's a school [district]-wide program and project."
4:50:51 PM
LAURA HEYWOOD, Volunteer, Court Appointed Special Advocate
(CASA), testified in support of HB 126. She said CASA
volunteers are appointed by the courts to represent the best
interests of children in state custody. Furthermore, Ms.
Heywood noted she is the vice president of Friends of Alaska
CASA. Ms. Heywood said she likes HB 126, because "it promotes
education to a level with some other basic rights." Health and
safety are primary focuses, sometimes resulting in education
falling through the cracks. The bill includes common sense
language, she opined. For example, records should "follow a
child" and foster children should be allowed to stay in the same
school for the sake of continuity.
MS. HEYWOOD offered her understanding that children out of "home
care" would be covered by HB 126, and she said she has a special
interest in those children. She reported that in her five years
as a CASA volunteer, she has advocated for six children, three
of whom spent many years in "residential treatment" - state
custody. Children who are raised in abusive households often
have mental health issues and/or develop substance abuse issues,
go to treatment, turn 18, and come back to their home community
with basically no connection with OCS, a foster family, and, in
many cases, their own families. Ms. Heywood emphasized the
importance of the provision in HB 126 that would help with that
transition by paying rent for a longer period of time.
4:54:06 PM
MICHELLE DEWITT, Executive Director, Tundra Women's Coalition
(TWC), reported that in the month of January, there were 214
children in state custody in the Yukon-Kuskokwim Delta region.
She related that as a professional involved with a shelter
organization, she appreciates the proposed legislation. She
explained that the organization operates a group for at-risk
teenagers who range in age from 12 to 17, many of who are in
foster care. Many of the older teenagers have trouble finding
stability as they age out of the system, look for housing, and
look for work, and a lot of them end up in jail or in TWC's
shelter. Ms. DeWitt said she thinks HB 126 would provide
alternatives for these teenagers that they would otherwise be
unable to secure on their own.
MS. DEWITT noted that for the past four years, she has served as
a personal guardian for a girl who is about to turn 20 and has
spent half her life in foster care. She said she can appreciate
the importance of the state stepping into that role when others
cannot. She opined, "... I believe that that investment will
create savings on the other end of the spectrum by preventing
some of the homelessness and incarceration issues that we see
with these young people when they don't receive help."
4:56:42 PM
CAROLYN ROESBERY testified in support of HB 126. She opined
that the state should be responsible for and connected to its
youth. Making OCS visits more frequent is a wise move in
demonstrating to foster youths that they are part of a
responsible and viable system, so that they can grow up to be
strong contributors to their communities and to the world. Ms.
Roesbery stated that HB 126 is Alaska's chance to change the
face of society - to show youth a positive path to follow. One
month of assisted housing is not reasonable, but the proposed
change to up to a year is, she opined. The change that would
allow the child to stay at his/her current school will provide
stability to that child. She questioned how the state could
possibly say no to stability.
4:59:58 PM
MS. DEXTER, in response to Co-Chair Keller, clarified that the
aforementioned 1,100 youth are in grades seven through twelve;
there are an additional 1,900 homeless youth who are younger
than that. Of the 1,100, about 700 are unaccompanied youth,
which means they are living without a parent or legal guardian,
she said. In response to a follow-up question from Co-Chair
Keller, Ms. Dexter said getting these youth to school and back
takes significant time and is undertaken by other staff in her
office, while her focus is to help with "educational decision
making." She offered examples. She related that she is a
certified teacher who works with other teachers in the district
to ensure that they have the best educational plan possible.
5:01:57 PM
MS. DEXTER, in response to Co-Chair Keller, said many youth left
foster care to become homeless; however, many youth leave homes
that are unsafe. She noted that a number of youths with whom
she works have parents who are only 13-16 years older than they
are. She reemphasized that she does not carry this caseload on
her own, but has help from others.
5:03:12 PM
MIKE LESMANN, Program Coordinator, Office of Children's Services
(OCS), Department of Health and Social Services (DHSS), stated
that the department recognizes the potential great benefits of
the bill to youths getting ready to transition out of state
custody. He relayed that the department maintains a neutral
position regarding HB 126. He mentioned a Child & Family
Services review conducted by the federal government on OCS, and
he said OCS concurs with its federal partner that the most
urgent of issues for OCS currently revolve around safety and
family reunification/permanency. Mr. Lesmann said OCS needs to
work on timeliness of investigations and keep children in their
homes safely or, if not possible, work to reunify them quickly.
He emphasized that home visits are an important part of all of
that work.
MR. LESMANN said OCS would like to do as much as it can for all
the children in the state's custody. He relayed that there is
work to do "in the front end of the system" that is not "getting
done to the best of ... outcomes." He stated that OCS believes
its priority currently must be on that front end of the foster
system.
5:05:31 PM
CO-CHAIR HERRON remarked that he thinks there are many in the
legislature who wish the department would come to bill hearings
with a position on the proposed legislation.
5:05:45 PM
REPRESENTATIVE CISSNA said she understands that the department
has faced federal reviews, problems with its database, and
employee turnover, but indicated that her experience has shown
that foster children who do not receive help [from the state]
may end up in the prison system or dead. She emphasized that it
is possible to do something right now that will [positively]
affect those youth. She admitted she does not know how "to do
it all," but encouraged legislators to view those youth as the
state's children. She asked Mr. Lesmann if he, personally,
would like to see the bill passed.
5:08:49 PM
MR. LESMANN said he is father to three children, but most days
feels like a father to 2,100 children. Addressing the future of
these youth has to be a community effort, he opined. Youth need
mentors, lifelines, and support.
5:09:29 PM
CO-CHAIR HERRON closed public testimony.
CO-CHAIR HERRON removed his objection to adopting the proposed
committee substitute (CS) to HB 126, Version 26-LS0309\C,
Mischel, 4/9/09, as the working document. There being no
further objection, Version C was before the committee.
5:10:10 PM
REPRESENTATIVE SEATON moved to adopt [Amendment 1], labeled,
26G-1, which read [original punctuation provided]:
Page 11, line 5, following "placement.", through line
7:
Delete "Nothing in this paragraph creates a
private right of action against the department's
employees or contractors."
5:10:32 PM
CO-CHAIR HERRON objected for the purpose of discussion.
REPRESENTATIVE GARA explained that he does not want to hold
social workers or the department liable "if they miss it by a
day." He stated, "There's no ... tort liability for violating
that section." He said there is a general provision in OCS
statute that says OCS is liable for negligence, but not for
technical violations of any particular provision. In response
to Representative Seaton, he explained that [OCS] does not want
the language proposed to be deleted in [Amendment 1] "said twice
in the statutes."
5:11:22 PM
CO-CHAIR HERRON removed his objection. There being no further
objection, [Amendment 1] was adopted.
5:11:36 PM
REPRESENTATIVE SEATON moved to adopt Amendment 2, labeled 26-
LS0309\C.2, Mischel, 4/11/09, which read as follows [original
punctuation provided]:
Page 12, line 26, through page 13, line 1:
Delete all material and insert:
"Sec. 47.18.335. Monetary living expense stipend.
(a) The department shall provide a monthly monetary
living expense stipend for a period not to exceed nine
months in an amount described in (b) of this section
to an individual who
(1) has left out-of-home care at age 18 or
older;
(2) is participating in services in the
program; and
(3) has monthly contact with a social
worker involved in the program.
(b) A stipend provided under this section shall
be in an amount necessary to meet an eligible
individual's living expense as determined by the
department. The amount may not exceed
(1) for the first six months of
eligibility, the daily rate provided to a licensed
foster parent; or
(2) for a period not to exceed three
additional months during the period that follows the
first six months of eligibility, half of the daily
rate provided to a licensed foster parent.
(c) The department shall pay the stipend
provided under this section until the later of the
date that the individual
(1) reaches 21 years of age; or
(2) has left out-of-home care for six
months.
(d) The department may adopt regulations to
implement this section."
[CO-CHAIR HERRON objected.]
5:11:54 PM
REPRESENTATIVE GARA explained that Amendment 2 is aimed at
saving money while keeping the usefulness of the bill intact.
The bill's proposal that the state provide rental systems for up
to a year would result in a "phenomenal" fiscal note. The
effect of Amendment 2 would be a drop in the amount of the
fiscal note from approximately $1.9 million to $600,000.
5:12:23 PM
CO-CHAIR HERRON removed his objection. There being no further
objection, Amendment 2 was adopted.
5:12:36 PM
REPRESENTATIVE SEATON moved to adopt Amendment 3, labeled 26-
LS0309\C.4, Mischel, 4/13/09, which read as follows [original
punctuation provided]:
Page 13, following line 6:
Insert a new bill section to read:
"* Sec. 19. AS 47.32.160 is amended by adding a new
subsection to read:
(c) A nonprofit organization that, and a person
acting on behalf of the organization who, engages in
recruitment activities for foster homes that become
licensed under this chapter may not be held liable for
the consequences of the recruitment."
5:12:46 PM
CO-CHAIR HERRON objected for the purpose of discussion.
5:12:54 PM
REPRESENTATIVE GARA explained that Change Point Church has been
working with the state to attract adults to become foster
parents, because there is a shortage of them in Alaska.
Amendment 3 would protect Change Point Church from being liable
for negligence by a foster parent it helped find.
5:13:18 PM
CO-CHAIR HERRON removed his objection. There being no further
objection, Amendment 3 was adopted.
5:13:31 PM
REPRESENTATIVE SEATON moved to adopt Amendment 4, labeled 26-
LS0309\C.5, Kurtz/Mischel, 4/14/09, which read as follows
[original punctuation provided]:
Page 1, line 10, following "shall,":
Insert "to the extent feasible and"
Page 1, line 13, through page 2, line 1:
Delete "or, if the student is attending school
for a summer term, for the remainder of the summer
term"
Page 3, line 19, following "available":
Insert "subsidized"
Page 3, line 23:
Delete "commission"
Insert "institution"
5:13:46 PM
CO-CHAIR HERRON objected for the purpose of discussion.
5:13:53 PM
REPRESENTATIVE GARA explained that "to the extent feasible" is
the same language as is used in the federal Act. The language
that would be deleted from Page 1, line 13, through page 2, line
1, is in response to the testimony of Ms. Comeau. The loans
that would be provided are subsidized, he explained. Last,
Amendment 4 would distinguish that scholarships would be
provided by an educational "institution" - not by the Alaska
Commission on Postsecondary Education (ACPE).
5:15:06 PM
REPRESENTATIVE GARA, in response to Co-Chair Keller, said that
in order to limit the cost and be efficient, the intent is that
the youth apply for all available grants. He explained that the
state does not want to "cover $15,000-worth of costs when
there's $10,000 somewhere else, possibly."
5:15:46 PM
CO-CHAIR KELLER outlined that the purpose of the section is to
"make up the balance." The requirement being proposed is that a
youth has applied for a loan.
5:16:08 PM
REPRESENTATIVE GARA responded that there would be no way to know
in advance whether or not the youth will qualify for the loan
for which he/she applies, but the intent is that there is a
good-faith effort made.
5:16:18 PM
CO-CHAIR HERRON removed his objection. There being no further
objection, Amendment 4 was adopted.
5:16:35 PM
REPRESENTATIVE SEATON moved to adopt Conceptual Amendment 5, as
follows:
Page 2, line 26, following "personnel":
Insert "or more than one liaison in each school
district."
REPRESENTATIVE SEATON said the amendment addresses Ms. Comeau's
previously stated concern.
5:17:33 PM
CO-CHAIR HERRON objected for the purpose of discussion. [His
objection was treated as withdrawn.] There being no further
objection, Conceptual Amendment 5 was adopted.
[HB 126 was held over.]
5:18:21 PM
ADJOURNMENT
There being no further business before the committee, the House
Health and Social Services Standing Committee meeting was
adjourned at 5:18 p.m.