HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE April 13, 2000 3:13 p.m. MEMBERS PRESENT Representative Fred Dyson, Chairman Representative Jim Whitaker Representative Joe Green Representative Carl Morgan Representative Tom Brice Representative Allen Kemplen Representative John Coghill MEMBERS ABSENT All members present COMMITTEE CALENDAR SENATE BILL NO. 204 "An Act extending the termination date of the Alaska Commission on Aging; and providing for an effective date." - MOVED HCS SB 204(HES) OUT OF COMMITTEE SENATE BILL NO. 103 "An Act relating to a curriculum for Native language education; and providing for an effective date." - MOVED HCS SB 103(HES) OUT OF COMMITTEE CS FOR SENATE BILL NO. 73(FIN) "An Act relating to assisted living homes; and providing for an effective date." - MOVED HCS CSSB 73(HES) OUT OF COMMITTEE HOUSE BILL NO. 375 "An Act relating to abuse of inhalants." - MOVED CSHB 375(HES) OUT OF COMMITTEE HOUSE BILL NO. 413 "An Act relating to intensive family preservation services; and providing for an effective date." - HEARD AND HELD HOUSE BILL NO. 184 "An Act granting certain juvenile detention or juvenile correctional institution employees status as peace officers under the public employees' retirement system; and providing for an effective date." - SCHEDULED BUT NOT HEARD PREVIOUS ACTION BILL: SB 204 SHORT TITLE: EXTEND ALASKA COMMISSION ON AGING Jrn-Date Jrn-Page Action 1/20/00 2012 (S) READ THE FIRST TIME - REFERRALS 1/20/00 2012 (S) HES, FIN 2/02/00 (S) HES AT 1:30 PM BUTROVICH 205 2/02/00 (S) Heard & Held 2/02/00 (S) MINUTE(HES) 2/09/00 (S) HES AT 1:30 PM BUTROVICH 205 2/09/00 (S) Moved Out of Committee 2/09/00 (S) MINUTE(HES) 2/10/00 2254 (S) HES RPT 4DP 2/10/00 2254 (S) DP: MILLER, WILKEN, PEARCE, PETE KELLY 2/10/00 2254 (S) ZERO FISCAL NOTES (ADM-5) 2/15/00 (S) FIN AT 9:00 AM SENATE FINANCE 532 2/15/00 (S) Heard & Held 2/15/00 (S) MINUTE(FIN) 3/02/00 (S) FIN AT 9:00 AM SENATE FINANCE 532 3/02/00 (S) Moved Out of Committee 3/02/00 (S) MINUTE(FIN) 3/02/00 (S) RLS AT 11:45 AM FAHRENKAMP 203 3/02/00 (S) MINUTE(RLS) 3/02/00 2490 (S) FIN RPT 5DP 2NR 3/02/00 2490 (S) DP: TORGERSON, PARNELL, PHILLIPS, 3/02/00 2490 (S) WILKEN, LEMAN; NR: GREEN, PETE KELLY 3/02/00 2490 (S) FISCAL NOTE (ADM-PROTECTION, COMM SVCS) 3/02/00 2490 (S) PREVIOUS ZERO FN (ADM-4) 3/02/00 2493 (S) RLS TO CALENDAR 03/02/00 3/02/00 2494 (S) READ THE SECOND TIME 3/02/00 2494 (S) ADVANCED TO THIRD READING UNAN CONSENT 3/02/00 2494 (S) READ THE THIRD TIME SB 204 3/02/00 2495 (S) PASSED Y18 N- E2 3/02/00 2495 (S) EFFECTIVE DATE(S) SAME AS PASSAGE 3/02/00 2496 (S) TRANSMITTED TO (H) 3/03/00 2382 (H) READ THE FIRST TIME - REFERRALS 3/03/00 2382 (H) HES, FIN 4/13/00 (H) HES AT 3:00 PM CAPITOL 106 BILL: SB 103 SHORT TITLE: NATIVE LANGUAGE EDUCATION Jrn-Date Jrn-Page Action 3/13/99 510 (S) READ THE FIRST TIME - REFERRAL(S) 3/13/99 510 (S) HES, FIN 4/26/99 (S) HES AT 1:30 PM BUTROVICH 205 4/26/99 (S) MINUTE(HES) 4/27/99 1132 (S) HES RPT 3DP 2NR 4/27/99 1132 (S) DP: MILLER, PEARCE, ELTON; NR: WILKEN, 4/27/99 1132 (S) PETE KELLY 4/27/99 1132 (S) ZERO FISCAL NOTE (DOE) 5/07/99 1307 (S) FIN REFERRAL WAIVED 5/10/99 (S) RLS AT 11:30 AM FAHRENKAMP 203 5/10/99 (S) MINUTE(RLS) 5/12/99 1391 (S) RULES TO CALENDAR 5/12/99 5/12/99 1392 (S) READ THE SECOND TIME 5/12/99 1392 (S) AM NO 1 WITHDRAWN 5/12/99 1394 (S) AM NO 2 FAILED Y4 N16 5/12/99 1395 (S) AM NO 3 ADOPTED UNAN CONSENT 5/12/99 1395 (S) ADVANCED TO THIRD READING UNAN CONSENT 5/12/99 1395 (S) READ THE THIRD TIME SB 103 AM 5/12/99 1396 (S) PASSED Y19 N1 5/12/99 1396 (S) EFFECTIVE DATE(S) SAME AS PASSAGE 5/12/99 1396 (S) WARD NOTICE OF RECONSIDERATION 5/13/99 1420 (S) RECON TAKEN UP - IN THIRD READING 5/13/99 1421 (S) AM NO 4 NOT OFFERED 5/13/99 1421 (S) RETURN TO SECOND FOR AM 5 UNAN CONSENT 5/13/99 1421 (S) AM NO 5 ADOPTED UNAN CONSENT 5/13/99 1421 (S) AUTOMATICALLY IN THIRD READING 5/13/99 1421 (S) PASSED ON RECONSIDERATION Y20 N- 5/13/99 1422 (S) EFFECTIVE DATE(S) SAME AS PASSAGE 5/13/99 1437 (S) TRANSMITTED TO (H) 5/14/99 1403 (H) READ THE FIRST TIME - REFERRAL(S) 5/14/99 1403 (H) HES 1/12/00 1910 (H) CROSS SPONSOR(S): MORGAN 4/13/00 (H) HES AT 3:00 PM CAPITOL 106 BILL: SB 73 SHORT TITLE: ASSISTED LIVING FACILITIES Jrn-Date Jrn-Page Action 2/12/99 240 (S) READ THE FIRST TIME - REFERRAL(S) 2/12/99 241 (S) HES 2/16/99 258 (S) COSPONSOR(S): ELLIS, WILKEN 3/17/99 (S) HES AT 1:30 PM BUTROVICH 205 3/17/99 (S) HEARD AND HELD 3/17/99 (S) MINUTE(HES) 3/22/99 (S) HES AT 1:30 PM BUTROVICH 205 3/22/99 (S) HEARD AND HELD 3/22/99 (S) MINUTE(HES) 3/29/99 (S) HES AT 1:30 PM BUTROVICH 205 3/29/99 (S) MOVED CS (HES) OUT OF COMMITTEE 3/29/99 (S) MINUTE(HES) 3/30/99 734 (S) HES RPT CS 3DP 2NR SAME TITLE 3/30/99 734 (S) DP: MILLER, WILKEN, PETE KELLY 3/30/99 734 (S) NR: PEARCE, ELTON 3/30/99 735 (S) FISCAL NOTES (DHSS, ADM) 3/30/99 735 (S) FIN REFERRAL ADDED AFTER HES 4/08/99 (S) FIN AT 6:00 PM SENATE FINANCE 532 4/08/99 (S) HEARD AND HELD 4/08/99 (S) MINUTE(FIN) 4/20/99 (S) FIN AT 6:00 PM SENATE FINANCE 532 4/20/99 (S) SCHEDULED BUT NOT HEARD 4/22/99 (S) FIN AT 9:00 AM SENATE FINANCE 532 4/22/99 (S) HEARD AND HELD 4/22/99 (S) MINUTE(FIN) 3/02/00 (S) FIN AT 9:00 AM SENATE FINANCE 532 3/02/00 (S) Heard & Held 3/02/00 (S) MINUTE(HES) 3/09/00 (S) FIN AT 9:00 AM SENATE FINANCE 532 3/09/00 (S) Moved CS(Fin) Out of Committee 3/09/00 (S) MINUTE(HES) 3/15/00 2613 (S) FIN RPT CS 6DP 2NR SAME TITLE 3/15/00 2613 (S) DP: TORGERSON, PARNELL, PETE KELLY 3/15/00 2613 (S) WILKEN, LEMAN, ADAMS; NR: GREEN, DONLEY 3/15/00 2613 (S) FISCAL NOTES (DHSS, ADM) 3/16/00 (S) RLS AT 11:30 AM FAHRENKAMP 203 3/16/00 (S) MINUTE(RLS) 4/12/00 3028 (S) RLS TO CALENDAR AND 1 OR 04/12/00 4/12/00 3032 (S) READ THE SECOND TIME 4/12/00 3032 (S) FIN CS ADOPTED UNAN CONSENT 4/12/00 3032 (S) COSPONSOR(S): TAYLOR, MACKIE, 4/12/00 3032 (S) PETE KELLY, ELTON 4/12/00 3032 (S) ADVANCED TO THIRD READING UNAN CONSENT 4/12/00 3032 (S) READ THE THIRD TIME CSSB 73(FIN) 4/12/00 3033 (S) PASSED Y20 N- 4/12/00 3033 (S) EFFECTIVE DATE(S) SAME AS PASSAGE 4/12/00 3039 (S) TRANSMITTED TO (H) 4/13/00 (H) HES AT 3:00 PM CAPITOL 106 BILL: HB 375 SHORT TITLE: INHALANT ABUSE Jrn-Date Jrn-Page Action 2/16/00 2209 (H) READ THE FIRST TIME - REFERRALS 2/16/00 2209 (H) HES, JUD, FIN 4/11/00 (H) HES AT 3:00 PM CAPITOL 106 Bill Postponed 4/13/00 (H) HES AT 3:00 PM CAPITOL 106 BILL: HB 413 SHORT TITLE: INTENSIVE FAMILY PRESERVATION SERVICES Jrn-Date Jrn-Page Action 2/16/00 2221 (H) READ THE FIRST TIME - REFERRALS 2/16/00 2222 (H) HES, JUD, FIN 4/06/00 (H) HES AT 3:00 PM CAPITOL 106 4/06/00 (H) Scheduled But Not Heard 4/13/00 (H) HES AT 3:00 PM CAPITOL 106 WITNESS REGISTER JERRY BURNETT, Staff to Senator Lyda Green Alaska State Legislature Capitol Building, Room 125 Juneau, Alaska 99801 POSITION STATEMENT: Presented SB 204. SHARON CLARK, Staff to Senator Mike Miller Alaska State Legislature Capitol Building, Room 119 Juneau, Alaska 99801 POSITION STATEMENT: Testified on SB 204. JANE DEMMERT, Executive Director Alaska Commission on Aging Division of Senior Services Department of Administration PO Box 110209 Juneau, Alaska 99811 POSITION STATEMENT: Testified on SB 204. SENATOR GEORGIANNA LINCOLN Alaska State Legislature Capitol Building, Room 11 Juneau, Alaska 99801 POSITION STATEMENT: Testified as sponsor of SB 103. MIKE TIBBLES, Staff to Representative Gene Therriault Alaska State Legislature Capitol Building, Room 511 Juneau, Alaska 99801 POSITION STATEMENT: Commented on SB 73. MYRNA MCGHIE, Staff to Representative Jeannette James Alaska State Legislature Capitol Building, Room 102 Juneau, Alaska 99801 POSITION STATEMENT: Answered questions on SB 73. WES KELLER, Staff to Representative Fred Dyson Alaska State Legislature Capitol Building, Room 104 Juneau, Alaska 99801 POSITION STATEMENT: Answered questions on SB 73. REPRESENTATIVE MARY KAPSNER Alaska State Legislature Capitol Building, Room 424 Juneau, Alaska 99801 POSITION STATEMENT: Testified as sponsor of HB 375. ROBERT BUTTCANE, Juvenile Probation Officer Division of Juvenile Justice Department of Health & Social Services PO Box 110635 Juneau, Alaska 99811 POSITION STATEMENT: Answered questions on HB 375. GARY TURNER, Village Service Manager Village Services Department Yukon Kuskokwim Health Corporation PO Box 528 Bethel, Alaska 99559 POSITION STATEMENT: Testified in support of HB 375. BLAIR MCCUNE, Deputy Director Central Office Alaska Public Defender Agency Department of Administration 900 West Fifth Avenue, Suite 200 Anchorage, Alaska 99501 POSITION STATEMENT: Testified on HB 375. CHRIS STOCKARD, Captain Division of Alaska State Troopers Department of Public Safety PO Box 111200 Juneau, Alaska 99801 POSITION STATEMENT: Testified on HB 375. REPRESENTATIVE SHARON CISSNA Alaska State Legislature Capitol Building, Room 420 Juneau, Alaska 99801 POSITION STATEMENT: Testified as sponsor of HB 413. SUSAN KELLY Manager Family Preservation Services Family Support Services Prevention Services for Families Family Independence Agency (FIA), Michigan (no address provided) POSITION STATEMENT: Testified on HB 413. PRISCILLA MARTIN, Executive Director National Family Preservation Network Lobbyist, Behavioral Sciences Institute (no address provided) POSITION STATEMENT: Testified on HB 413. ACTION NARRATIVE TAPE 00-45, SIDE A Number 0001 CHAIRMAN FRED DYSON called the House Health, Education and Social Services Standing Committee meeting to order at 3:13 p.m. Members present at the call to order were Representatives Dyson, Whitaker, Morgan, Brice, Kemplen and Coghill. Representative Green arrived as the meeting was in progress. SB 204 - EXTEND ALASKA COMMISSION ON AGING Number 0037 CHAIRMAN DYSON announced the first order of business as Senate Bill No. 204, "An Act extending the termination date of the Alaska Commission on Aging; and providing for an effective date." JERRY BURNETT, Staff to Senator Lyda Green, Alaska State Legislature, came forward to present SB 204. He noted there was a draft committee substitute (CS) in the packet. The CS moves the office of Long-Term Care Ombudsman (LTCO) from the Alaska Commission on Aging to the legislative branch. He gave the following testimony: In order for the long-term care of the elderly to be monitored and investigated properly, the Long-Term Care Ombudsman's office must be moved out of the current conflicted position. It is not possible for the Director of the Commission on Aging to neutrally monitor the Long-Term Care Ombudsman who may be investigating actions of that director, his/her employees, and colleagues within the Department of Administration. A recent legislative audit showed that the conflict exists under the present system. Alaskans have a right to be assured and have the public perception that they, or their friends and relatives who are under the care of a state-operated facility will be accorded the same rights to a full and fair investigation of care as are persons in the care of a private facility. The only way to be sure that investigations of public and private long-term facilities are seen equal is to move the responsibility for that investigation of complaints and advocacy for the rights of seniors away from the body that also operates or licenses some of these facilities. Number 0188 SHARON CLARK, Staff to Senator Mike Miller, Alaska State Legislature, came forward to testify. She read the following testimony: The Alaska Commission on Aging was first established as a single Planning and Service Area (PSA) in the Department of Administration as the Older Alaskans Commission in July of 1981 by AS 44.21. Being classified as a PSA means that the commission is the only agency in the state that plans, funds and oversees services to seniors statewide. In 1994, legislation was adopted (Chapter 131, SLA 1994) that changed the commission's name to Alaska Commission on Aging (ACOA). The commission is authorized to administer and coordinate state programs for older Alaskans and to administer federal programs provided under the Older Americans Act, 42 U.S. Code 3001-30451, as amended. Together, the provisions of AS 44.21 and the Older Americans Act establishes the commission's authority, purpose, and scope of work. On September 17, 1999, the Alaska State Legislature, Legislative Budget and Audit Committee's special report on the Department of Administration, Alaska Commission on Aging conclusion's were the following: The expiration date of ACOA should be extended. In our opinion, ACOA has demonstrated that there is a public need for this commission. According to AS 44.66.010, the commission is scheduled to expire June 30, 2000. We recommend that the legislature adopt legislation extending ACOA's expiration date to June 30, 2004. The purpose of SB 204 is to extend the termination date of the Alaska Commission on Aging to June 2004. MS. CLARK noted this had no fiscal impact because it is already in the Governor's budget. CHAIRMAN DYSON asked Ms. Clark if Senator Miller has seen the CS. MS. CLARK said they were aware in the Senate Finance Committee that Senator Green had an objection to the ombudsman being separated from this but they were not aware of the CS until a few hours ago. She said that the CS is fine with Senator Miller. Number 0457 JANE DEMMERT, Executive Director, Alaska Commission on Aging (ACOA), Division of Senior Services, Department of Administration, came forward to testify. She gave an overview of the ACOA and explained that the ACOA provides a function that is required under the Older Americans Act. The Meals on Wheels and the senior center programs are largely funded with dollars from the Older Americans Act. The commission administers other grants and also serves as the beneficiary board in relationship with the Alaska Mental Health Trust Authority as it relates to Alaskans who are affected by Alzheimer's and other dementia. Finally the ACOA is involved in extensive education which its newsletter provides to a growing statewide community of older Alaskans. MS. DEMMERT reported that over the last nine months, the ACOA has restructured its committee structure and bylaws to accommodate and address the issues in relation to an allegation of conflict of interest regarding the housing and function of the Long-Term Care Ombudsman. The commission has created a new standing committee which excludes from its membership any member of the commission who has even a glancing relationship with the pioneer homes and provides oversight for the ombudsman function. The commission has made an extraordinary commitment to address those dimensions and considerations that speak to a conflict of interest. MS. DEMMERT pointed out that a search committee, which includes members of the standing Long-Term Care Ombudsman committee of the commission, and two members of the Alaska Mental Health Trust Authority: its executive director and Nelson Page, the former chair, are in the relatively late stages of a search for a Long- Term Care Ombudsman. Finalist interviews are expected to be held in a couple weeks. If it is the will of the legislature to transfer this function, she suggested it would be better if the effective date was immediately rather than July 1, 2001. Otherwise there might be a vacancy for a year or the position would be filled with an interim person, and the legislature would have to do its own search. Number 0678 REPRESENTATIVE BRICE asked if she supports the extension but opposes moving the Long-Term Care Ombudsman. MS. DEMMERT answered yes, but the ACOA feels also that it has done all that it can so if it is going to move, the effective date should be adjusted just to be as supportive of the well- being of that function. CHAIRMAN DYSON noted that recently there have been many complaints about senior care around the state as well as positive comments about how well the seniors are being taken care of and that no problems exist. He asked: why has senior care been so controversial, with so many reports of abuse and the huge controversy surrounding the ombudsman's office? He also asked what has precipitated the real and imaginary problems. MS. DEMMERT answered that this is a dynamic in Alaska and around the country. Assisted living is a new industry and has minimal regulation at this point across the country. Therefore, people have different expectations of what will be provided. All of those expectations should be spelled out very clearly when a contract is signed for service. This is a growing area. The other dimension is that people are living longer so someone may have been accepted into an assisted living facility with the understanding that he/she would age in place and be there forever. However, often the individuals receiving that care begin to have such extreme conditions that they can't be adequately provided for and that is problematic. This is a continuing area of work; there are no black and white answers and the concerns are legitimate. Some people are very pleased, and some are extremely frustrated. There have been situations where there has been illegal or inappropriate care, and there have been others where the care has been adequate, but there is a great difference between adequate and ideal. There is no easy answer. Alaska's overall quality of care is considerably higher than just about any state in the country. However, that does not excuse illegal or inappropriate types of care. Number 0894 CHAIRMAN DYSON said there have been reports of seniors being left unattended in a bathtub or falling and having broken bones, or being mismedicated. He asked if there had been any substance to any of those reports. MS. DEMMERT answered in some instances yes. In some instances she believes there were different assessments of what had actually occurred. CHAIRMAN DYSON asked what was the situation that produced so much controversy around the ombudsman's office. MS. DEMMERT answered she wasn't sure. When the ombudsman's office is doing its work she believes there will inevitably be a degree of controversy. It is hard to know what he has in mind. CHAIRMAN DYSON asked where the senior ombudsman resides structurally in other jurisdictions. MS. DEMMERT answered it varies across the country. In some [states the ombudsman's office] is in the Department of Health and Human Services, some have a Department of Aging and Adult Services, and at least one resides in the Office of the Governor. In further response to Chairman Dyson, Ms. Demmert believes [that in some states the ombudsman's office] is in the legislative branch. Number 0992 REPRESENTATIVE BRICE asked Ms. Demmert how she would address the argument or conflict of having the ombudsman's office in the Department of Administration and having the funding and the programs in the same department. MS. DEMMERT answered the commission is composed of eleven members. The appointments to commissionship are made by the governor and the reporting relationship for the commission is to its commission. Administratively there is a link with the Division of Senior Services, but there is a clear distinction between the commission and the Division of Senior Services within the overall departmental structure. REPRESENTATIVE BRICE asked where the Long-Term Care Ombudsman fits into that structure. MS. DEMMERT replied the Long-Term Care Ombudsman is under the Alaska Commission on Aging. The committee took an at-ease from 3:30 p.m. to 3:31 p.m. Number 1093 REPRESENTATIVE COGHILL made a motion to adopt the proposed House committee substitute (CS) for SB 204, version 1-LS1288\D, Lauterbach, 4/10/00, as a work draft. Number 1100 REPRESENTATIVE GREEN objected. REPRESENTATIVE BRICE commented that over the years he has seen a continuous eroding of financial support to the legislative ombudsman's office which he believes is a dangerous thing. He asked how is the Long-Term Care Ombudsman's office funded in the Department of Administration and will it be jeopardized by bringing it over to the legislative ombudsman's office. MS. DEMMERT replied that function is federally funded through the Older Americans Act from funding that comes to the Alaska Commission on Aging. Number 1185 MR. BURNETT said he understands that the funding through the Older Americans Act could be transferred from the Alaska Commission on Aging to the legislative branch to pay for this function. REPRESENTATIVE BRICE asked if a clear bright line distinction is made in the CS of funding sources so the LTCO doesn't get thrown into the whole pot of the other ombudsman. MR. BURNETT noted this LTCO is separate from the state ombudsman's office. REPRESENTATIVE KEMPLEN asked if there has been a senior group that has advocated for the move of the LTCO or any documented request by any senior constituent groups. MR. BURNETT answered no, not specifically. CHAIRMAN DYSON mentioned that he has heard some seniors mention moving it in the past, but not through any formal action of some group. REPRESENTATIVE BRICE asked why they are waiting to this point in time to meld this idea. MR. BURNETT explained that Senator Green floated this idea when the bill was in the Senate and spoke to the ACOA and other people. She agreed to withdraw the amendment at that point and after further conversations decided to bring it back at this time. CHAIRMAN DYSON suggested that the committee amend the CS, even though it hadn't formally been adopted as the work draft. He recommended striking "2001" on page 13, line 7, and replacing it with "2000." Number 1319 REPRESENTATIVE BRICE made a motion to change "2001" to "2000" on page 13, line 7. CHAIRMAN DYSON asked whether there was any objection. There being none, Amendment 1 was adopted. Number 1349 REPRESENTATIVE COGHILL noted there were other places in the bill that still said 2001. Number 1365 REPRESENTATIVE BRICE changed Amendment 1 to be a conceptual amendment to replace 2001 with 2000 [throughout] the bill. CHAIRMAN DYSON asked whether there was any objection. There being none, Amendment 1, as amended, was adopted as a conceptual amendment. CHAIRMAN DYSON said the ombudsman idea is a wonderful idea. The independence of the ombudsman has been jealously guarded, and the person can only be taken to task for not being an advocate for whatever group it is. The independence of that is important, and that is an argument for taking it away from the administration. He doesn't know if there has been a problem with it but the commissioners are appointed by the governor and then the ombudsman reports to those commissioners, it could be the perception that that person would struggle to expose things going wrong. However, he noted that he has no evidence whatsoever regarding such a problem. REPRESENTATIVE KEMPLEN asked why it is just not acceptable to have the LTCO in another line agency such as the Department of Health and Social Services. He gave the example of the Foster Care Review Board. He wondered why the LTCO had to be moved over into the legislature. MR. BURNETT answered that the governor eliminated funding for the Foster Care Review Board, and the concern exists that it is still the same executive. Alaska is unique in that the governor is the only statewide official elected; most states have other departments run by statewide elected officials. Since Alaska only has a single executive, that is why there is this proposal to move [the LTCO to] the legislative branch. REPRESENTATIVE BRICE agrees it should be out of the Department of Administration; he gets antsy when they talk about putting it into the legislature because he has seen what has been done to the general ombudsman. Over the next couple of days he will see if there is a possibility to put a bright line in the bill so if it is in the legislature it has a certain amount of independence to ensure that funding stream doesn't go off to other things. REPRESENTATIVE GREEN said an ombudsman can be adversarial as opposed to some other shifts within a commissioner's fiefdom. When that occurs it is in harm's way and an arm's length is always good. A roll call vote was taken. Representatives Whitaker, Green, Morgan, Brice, Coghill and Dyson voted in favor of adopting the House CS [version 1-LS1288\D, Lauterbach, 4/10/00, as amended] as the work draft. Representative Kemplen voted against it. Therefore, Version D [as amended] was adopted by a vote of 6-1. Number 1659 REPRESENTATIVE BRICE made a motion to move the HCS for SB 204, as amended, out of committee with individual recommendations and attached fiscal notes. There being no objection, HCS SB 204(HES) was moved from the House Health, Education and Social Services Standing Committee. SB 103 - NATIVE LANGUAGE EDUCATION Number 1675 CHAIRMAN DYSON announced the next order of business as Senate Bill No. 103, "An Act relating to a curriculum for Native language education; and providing for an effective date." Number 1678 SENATOR GEORGIANNA LINCOLN, Alaska State Legislature, sponsor, came forward to present SB 103. She pointed out that the bill needed a technical amendment to change the effective date to 2000. She showed a map of the languages she is talking about. There are 20 languages in Alaska, and of those 20, if nothing is done, 15 to possibly 18 languages will become extinct. Furthermore, only Central and Siberian Yupik Native languages are healthy right now. The other languages are in peril. SENATOR LINCOLN explained that several years ago she visited a classroom in Nulato where the students were watching the television and learning Japanese from a woman teaching in Seattle. She asked the teacher if Koyukon Athabaskan was also taught in Nulato, and the response was no. However, the children still have a choice of Russian, Spanish, Japanese or German. Although it is [appropriate] for students to have choices in languages, and she is not suggesting otherwise, she firmly believes that the Native language must be one that can be chosen in the communities. SENATOR LINCOLN referred to page 3, line 10: A school board shall establish a local Native language curriculum advisory board ... in which a majority of the students are Alaska Natives ... SENATOR LINCOLN said once that advisory board is established, if the advisory board then recommends the establishment of the Native language curriculum in the educational system, the board "may," so it still is permissive. The Senate had added an amendment on page 3, line 13, that any school district "with Alaska Native students may establish a local Native language curriculum", because some urban areas in Alaska want to be able to establish a Native language curriculum. SENATOR LINCOLN commented that her mother spoke and read Koyukon Athabaskan fluently, but was punished for speaking the language. Consequently, her mother was not able to pass the language on to her seven children. For those people who say the language has got to start in the home, that might be true and could have been true for her mother, but it is no longer true in most of the villages because people like herself cannot pass it on to their children because they themselves don't know the language. SENATOR LINCOLN indicated there was a zero fiscal note, and there are many letters of support. The committee has received a letter of support from the superintendent of the Lower Kuskokwim School District. Other school districts called to say they were trying to get letters of support sent down but hadn't. A number of other school districts support SB 103. The Department of Education & Early Development support it. Number 1991 REPRESENTATIVE COGHILL asked Senator Lincoln if there could be a problem deciding which dialect of a language would be taught. SENATOR LINCOLN answered she didn't envision that happening. Number 2015 REPRESENTATIVE GREEN referred to page 3, line 26, (B) audio- visual, computer, and satellite technology. He wondered if "where available" should be added because there might be school districts that don't have those particular abilities. SENATOR LINCOLN referred to page 3, line 23, where it says "to the maximum extent possible." REPRESENTATIVE GREEN asked if that could be interpreted such that if school A doesn't have the equipment that it would, therefore, need a higher amount of state support to get that. He is concerned that when this bill is passed, it will force additional funding to certain rural schools. SENATOR LINCOLN said she does not envision that because right now the schools have the choices of the other languages, and the same technology would be used for the Native language. Number 2086 REPRESENTATIVE KEMPLEN referred to page 3, line 29, and wondered if "Alaskan Indian, Eskimo or Aleut" represents all the Alaska Natives. SENATOR LINCOLN answered that is correct. REPRESENTATIVE BRICE clarified to Representative Green that to alleviate the potential of a possible fiscal note, the school districts are able to use the technology to bring in the distance delivery rather than having to bring in a teacher. SENATOR LINCOLN said she knows it's impossible to bring in teachers so the technology will have to be used in order to get it out to a number of the schools. REPRESENTATIVE COGHILL asked how this would be applied in a larger school district. SENATOR LINCOLN said the language allowing the urban centers to offer a Native language was added in the Senate and thus she doesn't know exactly how that would work. CHAIRMAN DYSON noted that this could work even better with the possibility that charter schools could form in the larger areas that are specific to some of the language groups. Number 2221 REPRESENTATIVE BRICE made a motion to adopt Amendment 1, which read: Page 3, line 31, strike "1999" and insert "2000." CHAIRMAN DYSON asked whether there was any objection. There being none, Amendment 1 was adopted. REPRESENTATIVE MORGAN made a motion to move SB 103, as amended, from committee with individual recommendations and zero fiscal note. There being no objection, HCS SB 103(HES) moved from the House Health, Education and Social Services Standing Committee. The committee took an at-ease from 3:58 p.m. to 4:05 p.m. SB 73 - ASSISTED LIVING FACILITIES CHAIRMAN DYSON announced the next order of business as CS for Senate Bill No. 73(FIN), "An Act relating to assisted living homes; and providing for an effective date." [The actual announcement took place during the previous at-ease.] Number 2249 REPRESENTATIVE GREEN said if the committee feels that it is a good bill and a good idea, that is the purview of this committee. He would prefer that the work on the finances be limited to the Finance Committee. REPRESENTATIVE BRICE responded that numbers do represent a very important aspect of the health industry. REPRESENTATIVE WHITAKER said with all due respect, he has a tendency to agree with his counterparts "to the left." The Health, Education and Social Services (HES) Committee decided on $75 and thought that was a reasonable sum. The Finance Committee certainly has a purview, and it will do what it deems appropriate. This committee also should do what it deems appropriate. He believes it is appropriate that the HES Committee number be put back in. The committee took a brief at-ease from 4:07 p.m. to 4:08 p.m. TAPE 00-45, SIDE B Number 2359 REPRESENTATIVE WHITAKER made a motion to adopt the proposed House committee substitute (CS) for SB 73, version 1-LS0468\I, Lauterbach, 4/13/00, as a work draft. REPRESENTATIVE GREEN objected. CHAIRMAN DYSON asked Mike Tibbles to comment on this. Number 2291 MIKE TIBBLES, Staff to Representative Gene Therriault, Alaska State Legislature, came forward to comment. He understands the dilemma that the committee is faced with regarding trying to pass a bill out that the committee feels is adequate. The Finance Committee is looking at everything to come up with as much money as it can. At this time, the Finance Committee doesn't know what that number is, and it is Representative Therriault's feeling that the Finance Committee would like to take the $42, see what can be done, and go up from there, rather than having the Finance Committee faced with the losing battle of coming down from $75. REPRESENTATIVE KEMPLEN commented that the value placed on something is a sign of commitment towards it. This committee has a strong commitment towards this, and the higher value would be a sign of that commitment. CHAIRMAN DYSON asked Mr. Tibbles if there will be some time for public input when this bill gets to the Finance Committee. MR. TIBBLES said he didn't believe there has been an official hearing so there would be public testimony. (Indisc.) CHAIRMAN DYSON noted there were people on teleconference who have some valuable things they would like to say on this bill, and he doesn't want them to miss that opportunity. REPRESENTATIVE COGHILL asked to hear from Representative James' office. Number 2194 MYRNA McGHIE, Staff to Representative Jeannette James, Alaska State Legislature, came forward to answer that Representative James would definitely go for the $75. She explained the rate had started at $50 in the Senate bill, and Representative James wanted to get the rate in the middle and not have the steps, and $75 seemed like a good amount. REPRESENTATIVE GREEN noticed there were other changes in the proposed CS and asked for someone to explain the other changes. Number 2140 WES KELLER, Staff to Representative Fred Dyson, Alaska State Legislature, explained that the Senate version goes ahead and projects a number for next year, and that is the extra section in the CS. It starts at $42.50 and goes up to $51. Number 2060 REPRESENTATIVE GREEN suggested there are some changes if these two bills are looked at side-by-side, and he wondered what the difference is other than money. MR. KELLER explained that this CS is the old HB 258 version that the committee passed out. REPRESENTATIVE BRICE asked if there was a 24-hour notice in this bill. CHAIRMAN DYSON answered yes. He apologized for the committee receiving this version so recently, but he said he was comfortable with doing that since it was the same as HB 258, which the committee had passed out earlier. A roll call was taken. Representatives Green, Morgan, Brice, Kemplen, Coghill and Whitaker voted in favor of adopting Version I as the work draft for SB 73. Representative Dyson voted against it. Therefore, Version I was adopted as the work draft by a vote of 6-1. Number 1983 REPRESENTATIVE BRICE made a motion that the HCS for CSSB 73 move from committee with individual recommendations and accompanying fiscal note. There being no objection, HCS CSSB 73(HES) moved from the House Health, Education and Social Services Standing Committee. The committee took an at-ease from 4:20 p.m. to 4:21 p.m. HB 375 - INHALANT ABUSE Number 1957 CHAIRMAN DYSON announced the next order of business as House Bill No. 375, "An Act relating to abuse of inhalants." REPRESENTATIVE MARY KAPSNER, Alaska State Legislature, sponsor, came forward to present HB 375. She noted there is a committee substitute (CS) because a subcommittee had met on it. [The committee never formally adopted the CS as the work draft, but that is what they used as the working document.] This bill targets the problem of inhalant abuse, which is far reaching not only in Alaska but across the nation. Although the problem has been around for awhile, there has been a rise in inhalant abuse in recent years and last year there was an inhalant abuse conference in Bethel. She also noted her surprise in discovering that there is nothing in statute that says it is illegal to abuse inhalants. Therefore, she wanted to bring light to the situation as well as put it in statute to give the people in the villages a tool for leverage in law enforcement and the health profession to get abusers into treatment. She informed the committee that currently 37 states have legislation in the works and 24 states already have something established in statute to deter people from using inhalants. Number 1888 REPRESENTATIVE KAPSNER explained that the proposed CS would make inhalant abuse a class B misdemeanor under Title 47. On page 2, line 15 and page 2, lines 1-2, it gives a suspended imposition of sentence and has probation pending treatment. Her goal is not to make criminals out of inhalant abusers; it is to get them to treatment. Senators Murkowski and Stevens have garnered funds for an inhalant abuse treatment center in Alaska. In 1998, Yukon Kuskokwim Health Corporation did a study and found in 1996 and 1997, 161 Alaskans sought treatment for inhalant abuse at drug and alcohol treatment centers. Because of this federal appropriation, there is going to be a treatment abuse facility in Bethel. CHAIRMAN DYSON said he was surprised to find that people can have permanent damage from abuse of inhalants. He noted his further surprise in regard to the time it takes to detoxify, which he understand can be days, weeks and even longer. He asked Representative Kapsner if that was correct. REPRESENTATIVE KAPSNER said that is correct. She understands that the detoxification process can take up to 30 days. The cost of an inhalant abuser with brain damage is about $1.4 million over a lifetime. CHAIRMAN DYSON asked, after finding out that the next committee of referral for HB 375 is the Judiciary Committee, what the penalty is for a class B misdemeanor. REPRESENTATIVE KAPSNER answered $300 and asked Bob Buttcane to answer. Number 1750 ROBERT BUTTCANE, Juvenile Probation Officer, Division of Juvenile Justice, Department of Health & Social Services, came forward to answer. He said Alaska Statutes Section 12.55.135 indicates that a person convicted of a class B misdemeanor may be sentenced to a term not to exceed 90 days, so that would be the maximum jail time with no minimum. REPRESENTATIVE BRICE said he worked with Representative Kapsner on this legislation, and they got hung up on how to ensure that someone gets treatment without criminalizing the act itself. Many cases involve ten- or twelve-year old children huffing gasoline and thus the intention is not to establish these children as criminals, but to get them help. Although they tried to do some creative thinking, Legislative Legal and Research Services said it couldn't be done. They are trying to figure that one out. GARY TURNER, Village Service Manager, Village Services Department, Yukon Kuskokwim Health Corporation, testified via teleconference from Bethel. He has been working with inhalant problems since 1990 and has realized that an assessment and recommendation could be done on an individual, but there was nowhere to send a person with inhalant problems [because] he/she doesn't qualify for certain treatment centers, although some got into treatment centers in Fairbanks, Anchorage and Bethel. As mentioned earlier, Senator Murkowski and others helped Bethel get a treatment center, which will be available in 2001. In the past, Ivan M. Ivan tried to push legislation through to help provide leverage to get people into treatment as most people don't volunteer to come in for treatment because they don't believe they have a problem. MR. TURNER continued saying in the last year after the conference in Bethel, Representative Kapsner realized there was nothing in statute on inhaling. If someone was caught inhaling, a trooper couldn't do anything unless he could prove that person using inhalants was endangering himself/herself or others. The health corporation is supportive of a bill that will give them leverage to get someone into treatment. The health corporation doesn't want to make criminals out of children either as its primary concern is to get people help. Number 1483 BLAIR McCUNE, Deputy Director, Central Office, Alaska Public Defender Agency, Department of Administration, testified via teleconference from Anchorage. He expressed concern with Section 1, which criminalizes the conduct. From his experience, this is a serious problem for mostly young people, and he doesn't believe that criminalizing it is the answer. (Indisc.) The problem with involuntary commitment is there are not enough beds for people who want to get into treatment. Involuntary commitment for minors can generally be done by the parents, but it is a tricky process too. MR. MCCUNE suggested on page 1, line 6, instead of "inhales any substance" that inhalants be defined as "hazardous volatile material or substance" which is found in Section 12. He appreciated the work the subcommittee did trying to require a suspended imposition of sentence in these cases, but technically the Department of Law should be checked with for how that is worded. (Indisc.) Number 1316 REPRESENTATIVE COGHILL referred to page 1, line 7, and said when someone is reporting somebody, intent has to be proved. He asked Mr. McCune how hard proving intent would be in this case to avoid going off into being vindictive. MR. MCCUNE said that is a concern with the statute. He believes use of the term "hazardous volatile material" would take care of some of the problems. REPRESENTATIVE BRICE suggested that a good way to prove intent would be if someone had a plastic baggie full of glue, or he/she had a paper bag soaked in gasoline. Those are the things that are being talked about in HB 375. MR. MCCUNE said that his office hasn't been asked for a fiscal note, but if the statute was enforced in juvenile court there would be quite a few juveniles. Number 1194 REPRESENTATIVE KAPSNER pointed out that if nothing is done, the fiscal note would be a lot bigger. CHAIRMAN DYSON asked Captain Stockard what effect this bill would have on the state troopers. Number 1160 CHRIS STOCKARD, Captain, Division of Alaska State Troopers, Department of Public Safety (DPS), came forward to testify. He agreed that HB 375 provides another tool for the VPSOs [Village Public Safety Officer] and the police officers in the more remote communities. He said the DPS shares some of the concerns about criminalizing a behavior which is a medical addiction in nature. The reality is it is difficult to convince people that they need treatment. Sometimes having a judge say someone has to go into treatment can be an effective way of getting some people into treatment. However, he doesn't believe the department is going to set out to look for people to charge with abuse of inhalants, but it does provide an additional tool to use to get people help. CHAIRMAN DYSON asked Captain Stockard if there is any evidence in Alaska that people are using inhalants to exploit children, or that children are using inhalants to exploit other children. Number 1097 CAPTAIN STOCKARD answered he has never heard of any incidents, but it is certainly not impossible. CHAIRMAN DYSON asked if the giving of inhalants to another person should be criminalized. CAPTAIN STOCKARD commented that would raise some interesting problems. Giving an inhalant to another person with the intent that he/she use it illegally could certainly be criminalized, but the local hardware store could be in a lot of trouble for stockpiling gasoline or airplane glue. Therefore, it seems like it would be difficult legislation to write. Number 1033 REPRESENTATIVE GREEN suggested educating people of the dangers of inhalants to be proactive instead of being reactive to the problem. He hoped there would be a way to get this education into the school system. REPRESENTATIVE KAPSNER noted that process is already taking place in Bethel with the annual inhalant abuse conference, and there are some people talking to the school children. This bill would help bring attention to inhalant abuse and show that the legislature doesn't condone inhalant abuse and is trying to prevent it by making a statement that inhalant abuse is not acceptable. REPRESENTATIVE BRICE noted there is a tremendous amount of public effort through the DARE [Drug Abuse Resistance Education] programs and various other things. There have been assemblies in Fairbanks specifically on inhalant abuse. Number 0914 REPRESENTATIVE COGHILL suggested that when HB 375 goes to the Judiciary Committee the intent issue should be talked about. Number 0856 REPRESENTATIVE COGHILL made a motion to move CSHB 375, Version 1- LS1323\H, Luckhaupt, 3/28/00, from the committee with individual recommendations and indeterminate fiscal note. There being no objection, CSHB 375(HES) moved from the House Health, Education and Social Services Standing Committee. HB 413 - INTENSIVE FAMILY PRESERVATION SERVICES Number 0771 CHAIRMAN DYSON announced the next order of business as House Bill No. 413, "An Act relating to intensive family preservation services; and providing for an effective date." Number 0766 REPRESENTATIVE SHARON CISSNA, Alaska State Legislature, sponsor, came forward to present HB 413. She outlined HB 413 which allows the Department of Health & Social Services to create an intensive intervention just before the removal of children from their parents into state custody. This proposal is based on a model, called Homebuilders, that has been successfully used by Washington state since 1974. Moreover, this model has also been successfully adapted by close to 30 other states. This program is successful because, even though the family may have received similar services prior to the imminent removal of their children, the family is truly in crisis. At this juncture, families are willing to accept and are searching for a way to safely keep their children at home. House Bill 413 lays out the program and steps that would be necessary to implement the proposal. The bill adds language to existing statutes to offer more intensive family preservation services than are available right now. REPRESENTATIVE CISSNA said the first important thing is the child's safety in the home and the maintenance of that. Section 2 provides for the court to enumerate the reasons why intensive services were not provided if they are in the best interest of the child. Section 3 adds intensive family preservation services to the person having legal custody. Section 4 adds six sections to the statutes, beginning with the addition of a statewide program. Basically the initial project would be in one area. She pointed out that other programs have found it to be successful if [the project] starts in one area and achieves saturation, meaning there is enough of that service to meet all the needs, and then move to other sections of the state. Effectiveness of 70 percent is required in this program. Although 70 percent is a very high measurement, it is necessary because there has to be a program that works. Furthermore, it is not cost effective if this isn't an improvement over existing services. Other states have achieved 70 percent and better effectiveness. REPRESENTATIVE CISSNA noted that the bill lays out the eligibility of services, the conditions that are required for a family and child to get these services, and then the section on the solicitation of funding sources is provided for, and the definitions of each of the terms in the bill. Section 6 says before the termination of parental rights, that it shall offer protective social services and then also consider the eligibility of the child and the family for intensive family preservation services. Section 7 outlines a study for the pilot program and essentially lays out all the data collection required, the [format of the] final report, the job of the person who is essentially covered in the fiscal note, and what his/her job should be. It would be implemented by November 30, 2001 and the person in the position would give a report to the governor and give notice to the legislature that the report is prepared. Number 0403 SUSAN KELLY, Manager, Family Preservation Services, Family Support Services, Prevention Services for Families, Family Independence Agency (FIA), Michigan, testified via teleconference from Ypsilanti, Michigan in support of HB 413. Three times over the last decade she has been invited to testify on the value of these services before the House Ways and Means Committee in Washington, D.C. She is convinced of the value of these services because of the hope she has seen with so many vulnerable and at- risk families. MS. KELLY said this hope has been realized for so many at-risk and multi-problem families. To date her agency has served over 80,000 children representing about 35,000 families. About 85 percent of those children have been able to stay safely with their families. The FIA follows up on those families a year after they have terminated services. A select group of families has been followed for several years. This program has worked well in Michigan for families, children and tax payers. (indisc.) MS. KELLY said the FIA took the position that parents are ultimately responsible for their children and that government doesn't make a very good parent, and substitute families are never as good if safety can be maintained in a child's own family. There are not alternatives to families, and children should not be removed from their families without strong compelling evidence that the child can't remain safely with the family. Child protection and child safety should not be pitted against trying to find ways to really support families. MS. KELLY explained that the federal government maintains an entitlement to all the states that children should be removed if they are in harm's way or are in danger. The children are also entitled through the child protection laws to be protected by mandatory reporting laws, but there is a big gap in the funding stream from Washington to the states. There is entitlement to move to child protection but there isn't entitlement for children with adequate resources that enable them to be cared for safely in their own home. MS. KELLY said the system must move from a child rescue mentality. She notes Alaska has a strong zero tolerance for child abuse, and that needs to be coupled with strong support for families. To strengthen families is one of the best ways to protect children. It is difficult to tell which families are hopeless and thus ways need to be found to work with highly volatile families. CHAIRMAN DYSON asked Ms. Kelly if she believes that HB 413 makes family support services an entitlement on the same level as child protective services. Number 0011 MS. KELLY said if the bill is structured [in its current form] and is in one jurisdiction, no; however she thinks Alaska will see some great success with it. What will be seen is the freeing up of resources. TAPE 00-46, SIDE A Number 0001 MS. KELLY noted the FIA has been able to hold the line on out-of- home-care for several years because it built up a strong prevention in family support. Number 0066 PRISCILLA MARTIN, Executive Director, National Family Preservation Network, Lobbyist, Behavioral Sciences Institute, testified from Idaho. She said it is important for the legislature to pass HB 413 rather than have the department implement it because then it becomes a part of state policy, and the integrity of the model can be protected. Washington state has had this model for 25 years and there has never been a child death while working with the family. In regard to the issue of funding and implementation, almost all states use family (indisc.) dollars for programs; however, states with the highest level of commitment of dollars frequently make use of federal funds through a number of programs. Some private foundation funds are also possibly available. MS. MARTIN noted the real key to implementation is the support from the child welfare agency. It is essential that the department supports this because it is the one who does the referrals. The Homebuilders model has been replicated in 30 states and six foreign countries. She is not aware of a success rate lower than 75 percent. On the cost effectiveness, a researcher has calculated that the break even point is a 27 percent success rate. For every dollar invested into family preservation services, the state will save $3.43 in out-of-home care costs. The model also works very well with minority families. The organizations that she represents stand ready and willing to help implement this model. [HB 413 was heard and held.] ADJOURNMENT CHAIRMAN DYSON recessed the House Health, Education and Social Services Standing Committee meeting at 4:28 p.m. until Friday, April 13, 2000, at 9 a.m.