AARP Alaska 2008 State Legislative Agenda
April 7, 2008
(New information in bold)
Budget Issues
State Fiscal Plan:
Although oil price increases have given Alaska some breathing room, AARP believes the Governor and Legislature should come to consensus and vote a long-term fiscal plan for the state. This remains AARP Alaska’s top priority. We do not believe our state will be able to provide adequate home and community-based care for a growing older population unless we make sensible fiscal plans at this time. HB 125 has been introduced by the House Ways and Means Committee which would be the first step in mandating a fiscal plan. AARP has sent a letter of support. The bill passed the House 37-0 and was sent to the Senate. Senate President Lyda Green only made one Committee referral, to Senate Finance. The bill passed the Senate and House and has been sent to the Governor for signature.
Senior Benefits Program Funding:
The SeniorCare program morphed into the Senior Benefits Program in the special session of the Legislature last summer. The new program is more generous with eligibility and benefits and will add about 4,000 older Alaskans to the program. The Legislature authorized the new program but an appropriation has to take place during the 2008 session. Obviously, AARP will strongly support the budget request for this program. The Governor signed the budget bill authorizing the appropriation for the Senior Benefits program. The legislation has an automatic cost-of-living adjustment and the benefit will increase each year when the federal poverty level goes up (usually in January, sometimes in February).
Economic Security Issues
Public Pensions:
Senator Kim Elton, a Democrat, and Senator Lesil McGuire, a Republican, have jointly introduced SB 183 which would reverse action taken by the Legislature in 2005 under SB 141. Prior to SB 141, Alaska’s teachers and municipal and state employees participated in a defined benefit pension plan. Since most of Alaska’s public employees do not participate in Social Security, it was critical that they have a defined benefit that could not be outlived. SB 141 changed the system to a defined contribution plan. It is possible to outlive your contributions and, without Social Security, some retirees would find themselves with no income. NEA, the AFL-CIO, and all the public employee unions and municipal police and firefighter organizations are backing SB 183 to return to the defined benefit program of Tier III under PERS and Tier II under TRS. AARP, the Alaska Retired Educators Association, and the Retired Public Employees Association are all supporting SB 183. Senate President Lyda Green does not like the bill and she referred it to four separate committees. The bill passed the Senate Labor and Commerce and Senate State Affairs and Senate Judiciary and has been sent on to Senate Finance. The Public Pension Coalition will push to have Senator Stedman schedule a hearing in Senate Finance. Since he was the primary mover of the old bill, SB 141, which did away with the defined benefit system, he can be expected to resist the effort. Whether the bill is heard or not, all 16 organizations participating in the coalition plan to make this effort an election issue for all House and Senate candidates in the November elections.
Health Issues
Family and Community Elder Supports (FACES):
AARP is supporting the FACES initiative to expand home and community based services for older Alaskans and their unpaid family caregivers. The intent of home and community based services is to prevent premature and inappropriate institutionalization. Most people prefer to remain in their community and in their own home. With less expensive services, this can be accomplished. However, it does cost some money to provide these services and support family members who are voluntarily helping older relatives remain at home. These services include everything from meals on wheels to adult day care. Funding for these services has been flat for several years while the number of older Alaskans has grown significantly. The FACES campaign is asking the Legislature for an additional $1.5 million. $1 million of the requested funding was added back into the Senate version of the budget by the Senate Finance Sub-Committee for Health and Social Services. It is not in the House budget so it is one of the items that must be decided by the budget conference committee this week.
Health Care for All Alaskans:
One of the most important bills that will be heard is SB 160, authored by Senator Hollis French. A companion bill, HB 242, has been introduced into the House by Representative Gabrielle LeDoux. The bills are meant to address “Affordable Health Insurance for All Alaskans.” Unwilling to wait on Congress to do something about the 20% of Alaskans under age 65 who have no health insurance, the Legislature will debate these bills and hopefully come up with a solution that is fair for everyone. If a citizen does not have health insurance and needs medical care, it will be provided. If he can’t pay for it, the next person in the door with a policy will pick up part of his cost. Several states are coming up with a legislative program to assure coverage and personal responsibility for health costs. Alaska may not come to a conclusion this session but these bills will certainly get the discussion going. Both bills have been referred to the HESS Committees. SB 160 passed Senate HESS and Labor and Commerce and has been sent to Senate Finance. It is not likely that the Finance Committee will schedule a hearing for it. Senator French continues to modify the bill and we can expect significant expansion and input. Senator French has openly welcomed any suggestions from all parties.
Funding for Community Health Centers:
Older Alaskans on Medicare in Anchorage, Fairbanks, and Juneau have all complained that they are unable to locate a physician who will accept them. Many have been told, upon their 65th birthday, that they will need to find another doctor. Alaska’s Community Health Centers have continued to accept all Medicare patients. However these centers are under funded. Most states supplement the federal funding. Alaska does not. AARP is supporting a request by the Alaska Primary Care Association for state funding for the centers. We believe it will reduce inappropriate (and very expensive) emergency room visits and will help support the only alternative many Medicare beneficiaries now have for access to a physician. The Governor included $350,000 in her version of the budget which was approved by both the House and Senate. The Senate added another $1 million for operating cost increases. In addition, the Senate is recommending $2.5 million earmarked for health information technology for the community health centers. The House did not include either appropriation in their version of the budget so both of these items must be determined by the House/Senate budget conference committee this week.
Task Force on Health Care Infections:
Senator Gary Stevens introduced SB 62 which would establish a task force that would require reporting of infections that occur within a health facility. The ultimate purpose of the bill is to reduce errors in health facilities that cause additional health problems. Depending on the facility, 6 to 17 percent of hospitalized patients will acquire a new infection after they have entered the hospital. Because of declining immunity and longer hospital stays, older patients are particularly at risk. The task force will provide information on in-hospital infection rates to Alaska health care consumers. SB 62 passed Senate HESS and is now in Senate Finance. No hearing is currently scheduled at this time.
Expansion of Denali KidCare:
Senator Bettye Davis introduced SB 212 which would raise the eligibility levels for children to be accepted into the Denali KidCare program from 175% of the federal poverty level to 200%. AARP supports providing health coverage to all childrenwhoare uninsured. The bill passed Senate HESS on January 28. A hearing was waived by Senate Labor and Commerce and the bill went directly to the Senate Finance Committee. It has not had a hearing there and none is scheduled at this time. Despite many efforts to encourage Senator Stedman to schedule the bill for a hearing, including a rally covered by two Anchorage television stations, he continues to resist.
Expansion of Responsibilities for Dental Hygienists:
Representative Bill Stoltze introduced HB 136 which expands the scope of practice of dental hygienists. Dental hygienists work under licensed dentists and focus on preventing and treating oral diseases. Several other states already allow them to:
- Place fillings into a cavity already prepared by a dentist
- Administer a local anesthetic under supervision of a dentist
- Enter into an agreement with a dentist in which the dentist authorizes the hygienist to work on specified tasks
Alaska will never have as many health professionals as we need, especially in our remote communities. HB 136 will help expand our oral health delivery system and remain under the supervision of trained and licensed dentists. AARP supports HB 136. This bill has passed the House and two Senate committees and is awaiting a hearing in Senate Finance. No hearing is currently scheduled at this time. The bill has not moved since 2007.
Education Loan Repayment Program:
Representative Craig Johnson has introduced HB 234 which would offer student loan repayment for up to five years or 50% of the outstanding loan. Loan repayment would be available to students in fields identified as having a severe workforce shortage, eg., health care, teaching, and the technical jobs required by resource development and the gas pipeline. AARP supports this as a technique that works to draw students into specific fields and helps them stay here in Alaska to work. Although introduced in April, 2007, the bill has not had a hearing yet. No hearing in House HESS is scheduled at this time.
Mandatory Sick Leave:
Currently about 40% of Alaska’s workforce are not provided sick leave. Many of these workers are part timers. SB 258, authored by the Senate Labor and Commerce Committee, would provide one hour of sick leave for every forty hours worked, whether full or part-time. SB 258 has strong support from the Alaska Public Interest Research Group (AkPIRG) as well as AARP. The bill was heard for the first time in Senate Labor and Commerce and is awaiting a second hearing (not scheduled at this time).
Organ Donation:
Senator Lesil McGuire has a long history of sponsoring legislation that encourages organ donation. SB 181 would allow a variety of donations to organizations that sponsor or handle registries for organ donations. The bill has passed Senate Health, Education and Social Services and has been sent to Senate State Affairs, chaired by Senator McGuire. No hearing has been scheduled at this time. In addition, HB 420 was sponsored late in the session by the House HESS Committee at the request of the Attorney General. This bill would comply with a recent re-write of the Uniform Anatomical Gift Act. The bill makes it easier to donate organs and lowers the age of decision from 18 to 16 for those who wish to identify themselves as donors. AARP is supporting HB 420 which moved quickly through two House Committees and is now awaiting scheduling for a House floor vote. HB 196 is a new bill that combines the clauses in HB 420 and SB 181. The new bill adopts the recommendation from the Uniform Anatomical Gift Act which has been recommend by the National Conference of Commissioners on State Laws (updated in 2006). Twenty states have already adopted it. Since so much of organ donation involves donors and recipients in different states, it is important that Alaska adopt this standard. In addition, HB 196 now includes new statutory changes on wills and trusts.
Governor Palin’s Health Commission, Plan and Facilities Proposal:
Governor Palin introduced companion bills in the House, HB 337, and in the Senate, SB 245, that address three separate issues:
- Establishing a statewide health advisory commission
- Eliminating the Certificate of Need for new health facilities
- Creating a transparency program so consumers can determine cost of services, pharmaceuticals, etc., as well as the quality record of a particular facility or health provider.
AARP has recommended that the three items be considered as separate bills. The elimination of the certificate of need has positioned Alaska’s hospitals against the Governor and against free-standing imaging centers that the hospitals believe will eliminate their own imaging centers (considered profitable) which they use to underwrite services where they lose money (eg., emergency rooms, social work supportive services, etc). We are concerned that the battle over the certificate of need has grown so contentious that it could bring down the other two items. A statewide advisory body on health makes sense and a transparency program for costs and quality can prove to be very helpful for consumers.
Representative Mike Kelly has offered HB 245 which would be a compromise on the certificate of need which has already been agreed to by all parties. Senator Bettye Davis has offered SB 300 which would encompass the commission and the transparency program but would eliminate any discussion of changing the certificate of need. Both SB 300 and Governor Palin’s SB 245 have been sent forward to Senate Finance. HB 337 has been sitting in House Finance for some time. None of the bills are scheduled for a hearing at this time. It is uncertain if the Committees will take up these bills this week. We understand they remain a priority for the Governor.
Provide Insurance/Medicaid Coverage for Clinical Cancer Trials:
SB 280 is authored by Senator Bettye Davis and would mandate private insurance coverage or Medicaid coverage for a cancer patient undergoing a specialized clinical trial. Currently many insurance programs will not provide coverage when undergoing a clinical trial which is considered “experimental.” SB 280 would eliminate this practice and provide continuous coverage while undergoing treatment, traditional or experimental. AARP supports SB 280. The bill passed two Senate Committees and is now in Senate Finance awaiting a hearing.
Consumer Issues
Alaska Housing Trust:
With the encouragement of the Alaska Mental Health Trust Authority and the Alaska Housing Finance Corporation, Governor Palin has included $10 million in her proposed budget to the Legislature to establish an Alaska Housing Trust. Organizations as diverse as Wells Fargo Bank, the Salvation Army, Bristol Bay Native Corporation and AARP have joined with seventy other organizations in support of the proposal. Thirty-four states have already established Housing Trusts. Currently the need for affordable housing solutions is outpacing the ability of the federal, state, and local governments to serve those needs. Housing trust funds have established themselves as a critical tool to helping alleviate housing problems. In addition to helping older residents, these funds provide relief for a wide range of housing problems as well as providing supportive services. Governor Palin introduced companion bills in the House and Senate, HB 324 and SB 231. SB 231 passed Senate Finance on Monday, April 7 and is now in Rules awaiting a Senate Floor vote. Two options are now likely; either the Senate bill will pass and go to the House or the House Finance Committee could pass the House bill and send it to the Floor. Since neither bill has been amended, it should be fairly easy to get concurrence, if the House is as supportive as the Senate.
Extension of the Alaska Commission on Aging:
HB 276 has been introduced by Representative Andrea Doll with two companion bills in the Senate, SB 188, by Senator Gene Therriault and SB 209, by Senator Bettye Davis, to extend the life of the Alaska Commission on Aging from June 30, 2008 to June 30, 2016.
The Commission on Aging received an extremely positive audit and, with the increasing number of older Alaskans, it is vital that the Alaska Commission on Aging assume an even more visible role as the focal point for aging issues in state government. HB 276has passed HouseHESS and was referred to House Finance. SB 209 passed the Senate and House and is on its way to the Governor for her signature. SB 243, a “clean-up” recommended by the state auditor to specify clearly ACOA’s responsibilities is scheduled for a hearing in House Finance on Tuesday, April 8.
Identity Theft:
Senator Gene Therriault re-introduced the 2006 bi-partisan bill which died in the last days of the session when then-Senate President Ben Stevens refused to bring it to a vote.
Since he is now in the Senate minority, Senator Therriault’s SB 21 was not heard at all in 2007. However, Representative John Coghill and Representative Les Gara introduced a bi-partisan companion bill in the House, HB 65, which passed two committees and was heard on January 23 before House Finance. The House bill has an additional ten co-sponsors from both parties. We expect HB 65 to be the vehicle that keeps moving. These bills require any organization to immediately report any breaches of personal information. It will restrict the sale and distribution of Social Security numbers. It will allow consumers to freeze and unfreeze their credit report information. The bill will protect consumers from the growing threat of identity theft and consumer fraud. AARP is strongly in support of the bill as is the Alaska Public Interest Research Group (AkPIRG) and the Alaska Attorney General’s office. The bill passed the House 35-0 and two Senate Committees. It is now in Senate Finance awaiting a hearing.
Guardianship and Conservators:
The Senate Labor and Commerce Committee introduced SB 101, a Committee bill which will create several consumer safeguards. Included in the provisions are:
- Requiring licensing for anyone identifying themselves as a private professional guardian or conservator
- Prohibiting anyone who has been convicted of a felony or a misdemeanor for theft or fraud in the last ten years from serving in either capacity
- Require professional liability insurance
- Require a comprehensive annual report of all activities
SB 101 passed Labor and Commerce and Senate State Affairs and has been sent to Senate Finance. The Alaska Attorney General’s office recommended to the Legislature that Alaska adopt a uniform a uniform law on guardianship similar to what has been adopted in other states and is recommended by the National Association of Attorney Generals. AARP supports this effort and a committee substitute was presented to Senate Finance which includes all these provisions. States should have consistent standards to protect the rights of a ward as well as to prevent abuse in guardianship proceedings. In addition, Alaskans, like many other older Americans, often have ties to more than one state. Consistent laws adopted by all states benefit everyone and help prevent problems.
The bill passed both Houses and has been sent to the Governor for her signature.
Promotional Checks:
Have you ever received a check for $10 or $25 and not known why? Companies use these “promotional checks” to lure unsuspecting individuals and companies to deposit the check. Next thing you know, because you didn’t read the small print, you have a lifetime subscription to a magazine you never heard of. Representative Bob Lynn has introduced HB 182 at the request of the Alaska Attorney General’s office. HB 182 would make it illegal to send unsolicited promotional checks to any individual or business in Alaska. The bill has already passed the House 37-0. It has also picked up twelve House co-sponsors, Republicans and Democrats. The bill passed both Houses and has been transmitted to the Governor for her signature.
State Veterans’ Cemetery Fund:
Representatives David Guttenberg and Andrea Doll have jointly introduced HB 45, which would allow Alaska to establish a fund for state cemeteries for veterans. Currently the only veterans’ cemeteries are in Anchorage and Sitka. This bill would allow the state to establish additional cemeteries. Currently the most logical location would be Fairbanks. The Interior has over 11,000 veterans. Alaska has the highest per capita number of veterans in the United States. HB 45 passed the House 36-0 and also passed Senate State Affairs. The bill was heard in Senate Finance but may get stuck there. The Department of Veterans and Military Affairs has refused to do a “cost estimate” for the fiscal note and, because of their lack of interest and support, the bill may die.
False Caller Identification:
Representatives Bob Lynn and Berta Gardner introduced HB 7 which would make it illegal to use false caller identification. The Federal Trade Commission does not regulate false caller ID usage (referred to by law enforcement as “spoofing”). It is currently legal in Alaska to use a false caller identification which is displayed on a telephone caller identification screen. An entire industry has developed that sells “spoofing” cards to telemarketers that disguise not only the calling number but even the caller’s voice. AARP supports HB 7 and has testified in House Judiciary and in House Finance.
The bill passed the House 29-0 and was been referred to Senate Judiciary. The bill was sent to Senate Finance on February 1 and no hearing has been scheduled to date.
AWWU Exemption from RCA regulation:
AARP is in opposition to SB 155. The Anchorage Water and Wastewater Utility (AWWU) has asked for four rate increases in the last three years. SB 155 asks the Legislature to remove AWWU from oversight by the RCA when they want to propose new rate increases. If that happened, only the Anchorage Assembly would have the responsibility to approve new rates. The Assembly simply does not have the experienced engineers, financial analysts, and attorneys to determine if a rate increase is justified. The RCA does and AARP believes AWWU should remain under their review for any proposed new increases. The bill was referred to Senate Labor and Commerce and did not have a hearing at all in 2006. We understand the Municipality may have decided not to move the bill forward and will let it die at the end of session.
Expand Alaska Energy Assistance Program:
Representative Mary Nelson introduced HB 308 which would provide state funding to supplement the energy assistance program currently funded by the federal government. The federal program makes energy assistance payments available to Alaskans who fall below 150% of the federal poverty level. HB 308 would provide eligibility up to 175% of the federal poverty level. For a single person, the higher eligibility would be at an annual income of $22,750 and for a couple at $30,625. The bill was heard by House Community and Regional Affairs and passed Tuesday, March 11. It is scheduled to go to House Finance next. Since the funding was provided for SB 289 (see below), it may be more difficult for Representative Nelson to get attention paid to this bill.
Home Energy Conservation and Weatherization:
Senator Lyman Hoffman, working collaboratively with the Alaska Housing Finance Corporation, introduced SB 289 which would use trained staff of AHFC to determine what improvements could be made to residences to improve their energy efficiency. Rather than simply give checks to help pay utility bills, weatherization could bring down those costs permanently. AARP strongly supports this effort. The bill passed the Senate 18 to 1. The bill received only one referral in the House and was heard on April 3. The $300 million funding for the program has already been approved and signed by the Governor. This should turn out to be one of the largest weatherization programs in Alaska’s history.
Increase the Alaska Minimum Wage:
Senator Bill Wielechowski introduced SB 187 which would increase the Alaska minimum wage. Currently the minimum wage here is $7.15. The federal minimum wage is scheduled to move to $7.25 in 2009. SB 187 would move the Alaska minimum wage to $8.00 and index it to inflation. AARP testified in support of the bill in its initial hearing in Senate Labor and Commerce. It passed this Committee and has now been sent to Senate Finance. No hearing is scheduled at this time.
Clean Elections:
Senator Bill Wielechowski introduced SB 182 which provides for public funding of elections if a candidate chooses to accept public funds. Arizona, Maine and New Jersey are among several states that have passed similar bills in the last few years. Candidates can concentrate on campaigning and discussing their positions and do not have to spend time raising money. Additionally, states that have adopted clean election laws have seen an increase in voting, an increase in small contributions from citizens instead of large contributions from corporations and lobbyists, and an increase in public participation in campaigns. AARP testified in support of SB 182 at its first hearing before Senate Community and Regional Affairs on February 5. The bill has not moved out of the Committee at this time. A companion bill, HB 261, was introduced in the House by Representative Gabrielle LeDoux. This bill has not moved. This measure will appear on the November ballot as an initiative and is likely to pass in the general election.
Pawn Shop Regulation:
Representative Bob Roses introduced HB 258 late in the session. It would create comprehensive regulations for pawn shops in Alaska. Pawn shops are part of the “alternative financial services” that include payday lenders and check-cashing outlets. The Federal Reserve Board found that 10.6% of families do not have a checking account, including 7.9% of families headed by people age 50 or over. An AARP survey found that 19% of people between the ages of 50 and 64 have used one of these alternatives to cash a check, usually at a fee much higher than a bank would charge. Alaska’s current oversight of pawnshops is very weak and should be strengthened. HB 258 has been referred to the House Labor and Commerce Committee but there is insufficient time for it to move through the Legislature at this late date.
For additional information:
Marie Darlin, Coordinator Patrick Luby
AARP Capital City Task Force AARP Advocacy Directo
415 Willoughby Avenue, Apt. 506 3601 C Street, #1420
Juneau, AK 99801 Anchorage, AK 99503
907-586-3637 (voice) 907-762-3314 (work)
907-463-3580 (fax) 907-599-0839 (cell)
907-341-2270 (fax)
jluby@aarp.org