HOUSE FINANCE COMMITTEE May 8, 1997 8:21 A.M. TAPE HFC 97-129, Side 1, #000 - end. CALL TO ORDER Co-Chair Therriault called the House Finance Committee meeting to order at 8:21 a.m. PRESENT Co-Chair Therriault Representative Kohring Representative Davies Representative Martin Representative Davis Representative Moses Representative Foster Representative Mulder Representative Grussendorf Co-Chair Hanley and Representatives Kelly, Kohring, Mulder, and Grussendorf were absent from the meeting. ALSO PRESENT Myrna Maynard, Staff, Senator Pearce; Robert Buttcane, Division of Family and Youth Services, Department of Health & Social Services; Garrey Peska, Alaska State Hospital and Nursing Home Association; Jay Livey, Deputy Commissioner, Department of Health & Social Services; Myrna Maynard, Staff, Senator Pearce; Garrey Peska, Alaska Hospital and Nursing Home Association; Jay Livey, Deputy Commissioner, Department of Health & Social Services; SUMMARY SB 3 "An Act authorizing prosecution and trial in the district court of municipal curfew violations." SB 3 was HELD in Committee for further consideration. SB 149 "An Act relating to reports and audits concerning health care facilities; and providing for an effective date." SB 149 was reported out of Committee with a "do pass" recommendation and with a zero fiscal note by the Department of Health & Social Services. SENATE BILL NO. 3 "An Act authorizing prosecution and trial in the district court of municipal curfew violations." SB 3 was HELD in Committee for further consideration. MYRNA MAYNARD, STAFF, SENATOR PEARCE testified in support of SB 3. She explained that the legislation is the result of a recommendation by the Juneau Assembly to allow curfew violations to be handled in state district courts. Currently, district courts handle juvenile offenses related to alcohol, tobacco, traffic, fish and game, and parks and recreation. Other juvenile offenses are handled by the Division of Family and Youth Services in the Department of Health & Social Services. The Department of Health & Social Services does not have the resources to process curfew offenses. Co-Chair Therriault clarified that no citations are issued unless a municipality has its own municipal court system, since there is no court to process violations. Representative Davis observed that communities have local option to determine the range of penalties. Ms. Maynard noted that Anchorage has municipal and juvenile courts. ROBERT BUTTCANE, JUVENILE PROBATION OFFICER, DIVISION OF FAMILY AND YOUTH SERVICES, DEPARTMENT OF HEALTH AND SOCIAL SERVICES expressed concern with the placement of curfew violations under district court. He stressed that youth facilities could be exposed to increased population referrals. He noted that HB 16 would limit sanctions for curfew violations to civil remedies. He stated that the Department would prefer to limit the court's ability to place juveniles in detention for violations of curfew. He clarified that the Department does not object to community work service. Ms. Maynard stated that Judge Froehlich indicated that the increase in workload will be minimal. She stressed that juveniles can be deterred before they commit more serious crimes. Representative Martin spoke in support of the legislation. He emphasized that concerns can be addressed later. Mr. Buttcane noted that the Department supports enabling communities to deal with issues confronting them. He noted that curfew violations have resulted in an 8 percent increase of detainees at the Johnson Youth Center. He noted that the facility is overcrowded. He reiterated the Department's support for a civil sanction. Representative Davies indicated that he would offer an amendment relating to the issue at a later time. SB 3 was HELD in Committee for further consideration. SENATE BILL NO. 149 "An Act relating to reports and audits concerning health care facilities; and providing for an effective date." GARREY PESKA, ALASKA STATE HOSPITAL AND NURSING HOME ASSOCIATION spoke in support of SB 149. He noted that the Association has worked with the Department of Health & Social Services on the legislation. He explained that the Department's hearing officer has called into question whether or not Alaska statutes specifically allow the Department to use medicaid audits to set medicaid reimbursement rates for hospitals and nursing homes. The legislation specifies that the Department of Health & Social Services may use the audits for this purpose. Federal law requires that the audits be performed. JAY LIVEY, DEPUTY COMMISSIONER DEPARTMENT OF HEALTH AND SOCIAL SERVICES spoke in support of the legislation. Representative Foster MOVED to report SB 149 out of Committee with individual recommendations and the accompanying fiscal note. There being NO OBJECTION, it was so ordered. SB 149 was reported out of Committee with a "do pass" recommendation and with a zero fiscal note by the Department of Health & Social Services. ADJOURNMENT The meeting adjourned at 8:36 p.m.