2005-01-21                     House Journal                      Page 0125
HB 95                                                                                             
HOUSE BILL NO. 95 by the House Rules Committee by request of                                        
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to public health and public health emergencies                                
     and disasters; relating to duties of the public defender and office                            
     of public advocacy regarding public health matters; relating to                                
     certain claims for public health matters; making conforming                                    
     amendments; and providing for an effective date."                                              
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Judiciary Committees.                                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
The Governor's transmittal letter dated January 20, 2005, follows:                                  
                                                                                                    
"Dear Speaker Harris:                                                                               
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to public health and public health                                     
emergencies and disasters; relating to duties of the public defender and                            
Office of Public Aadvocacy regarding public health matters; relating                                
to certain claims for public health matters; and making conforming                                  
amendments.                                                                                         
                                                                                                    
Alaska's disease control laws were originally adopted by the                                        
Territorial Legislature in 1949.  Some changes have been made to the                                

2005-01-21                     House Journal                      Page 0126
laws since statehood.  However, the recent severe acute respiratory                                 
syndrome crisis demonstrated the need to modernize them.  Alaska is                                 
no longer protected from world disease outbreaks by geographical                                    
isolation.  Modern air links rapidly put Alaskans at risk from                                      
infectious diseases originating on the other side of the globe.  In a                               
recent study, Alaska was noted as the only state in the nation with                                 
inadequate legal authority to respond to a public health emergency.                                 
                                                                                                    
The Department of Health and Social Services (department) routinely                                 
uses the traditional public health disease control tools of                                         
epidemiological surveillance and investigation, and historically has                                
used isolation and quarantine to stop the spread of disease in the rare                             
times it has been warranted.  Today, new global health threats, coupled                             
with heightened expectations in the modern American social and legal                                
environment for protection of individual rights, require the department                             
to have more clearly defined legal authorities to act to protect the                                
public while protecting the due process rights of infected individuals.                             
This bill would give the department the needed flexibility to protect                               
Alaskans from public health threats.  The department would be                                       
authorized to offer medication to infected individuals who wish to take                             
it.  However, the department would not have authority to force                                      
medication upon infected individuals.                                                               
                                                                                                    
The bill also would provide for powers to deal with public health                                   
issues that could arise in a declared disaster emergency.                                           
                                                                                                    
I urge your support of this important bill.                                                         
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                Governor"