Legislature(2015 - 2016)BELTZ 105 (TSBldg)

02/23/2016 01:30 PM LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 72 DESIGNATED CAREGIVERS FOR PATIENTS TELECONFERENCED
Heard & Held
+= SB 165 ALCO. BEV. CONT. BOARD; MINORS; ALCOHOL TELECONFERENCED
Heard & Held
+= SB 134 INDIV. INCOME TAX: CREDITS; RETURNS TELECONFERENCED
Scheduled but Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
-- Public Testimony --
                   -ALASKA STATE LEGISLATURE                                                                                  
          SENATE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
                       February 23, 2016                                                                                        
                           1:34 p.m.                                                                                            
                                                                                                                                
                                                                                                                              
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Mia Costello, Chair                                                                                                     
Senator Cathy Giessel, Vice Chair                                                                                               
Senator Kevin Meyer                                                                                                             
Senator Gary Stevens                                                                                                            
Senator Johnny Ellis                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 72                                                                                                              
"An  Act relating  to  caregivers  of  patients after  release  or                                                              
departure from a hospital; and providing for an effective date."                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 165                                                                                                             
"An  Act  relating to  the  presence  of  minors in  the  licensed                                                              
premises   of  manufacturers,   wholesalers,   and  retailers   of                                                              
alcoholic beverages;  relating to  the Alcoholic Beverage  Control                                                              
Board; relating  to the  offense of  minor consuming;  relating to                                                              
revocation of  a driver's license  for a minor consuming  offense;                                                              
relating to  the effect  of the revocation  of a driver's  license                                                              
for  a  minor  consuming  offense on  a  motor  vehicle  liability                                                              
insurance  policy; and  amending Rule  17, Alaska  Rules of  Minor                                                              
Offense Procedure."                                                                                                             
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
SENATE BILL NO. 134                                                                                                             
"An  Act  relating  to the  taxation  of  income  of  individuals;                                                              
repealing  tax credits  applied  against  the tax  on  individuals                                                              
under  the  Alaska  Net  Income  Tax Act;  and  providing  for  an                                                              
effective date."                                                                                                                
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 72                                                                                                                   
SHORT TITLE: DESIGNATED CAREGIVERS FOR PATIENTS                                                                                 
SPONSOR(s): SENATOR(s) GIESSEL                                                                                                  
                                                                                                                                
03/11/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/11/15       (S)       HSS, L&C                                                                                               
04/10/15       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
04/10/15       (S)       Heard & Held                                                                                           
04/10/15       (S)       MINUTE (HSS)                                                                                           
02/01/16       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
02/01/16       (S)       Moved CSSB 72(HSS) Out of Committee                                                                    
02/01/16       (S)       MINUTE (HSS)                                                                                           
02/03/16       (S)       HSS RPT CS 2DP 2NR NEW TITLE                                                                           
02/03/16       (S)       DP: GIESSEL, STOLTZE                                                                                   
02/03/16       (S)       NR: STEDMAN, ELLIS                                                                                     
02/23/16       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 165                                                                                                                  
SHORT TITLE: ALCO. BEV. CONT. BOARD; MINORS; ALCOHOL                                                                            
SPONSOR(s): SENATOR(s) MICCICHE                                                                                                 
                                                                                                                                
02/01/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/01/16       (S)       L&C, JUD                                                                                               
02/11/16       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/11/16       (S)       Scheduled but Not Heard                                                                                
02/23/16       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
EMMIE VAN WYHN, Student Intern                                                                                                  
Senator Cathy Giessel                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented information relating to SB 72 on                                                               
behalf of the sponsor.                                                                                                          
                                                                                                                                
DEB ETHERIDGE, Deputy Director                                                                                                  
Division of Senior and Disabilities Services                                                                                    
Department of Health and Social Services                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified that the administration supports                                                               
SB 72.                                                                                                                          
                                                                                                                                
AMANDA MCCORMICK, representing herself                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of SB 72.                                                                           
                                                                                                                                
KEN HELANDER, Advocacy Director                                                                                                 
AARP Alaska                                                                                                                     
POSITION STATEMENT:  Testified in strong support of SB 72.                                                                    
                                                                                                                                
ED ZASTROW, representing himself                                                                                                
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT:  Testified in strong support of SB 72.                                                                    
                                                                                                                                
JEANNIE MONK                                                                                                                    
Alaska State Hospital and Nursing Home Association                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of SB 72.                                                                           
                                                                                                                                
SENATOR PETER MICCICHE                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of SB 165.                                                                                       
                                                                                                                                
CHUCK KOPP, Staff                                                                                                               
Senator Peter Micciche                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented SB 165 on behalf of the sponsor.                                                               
                                                                                                                                
CYNTHIA FRANKLIN, Executive Director                                                                                            
Alcoholic Beverage Control (ABC) Board                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided an overview of SB 165.                                                                          
                                                                                                                                
NANCY MEADE, General Counsel                                                                                                    
Administrative Staff                                                                                                            
Office of the Administrative Director                                                                                           
Alaska Court System                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions related to SB 165.                                                                    
                                                                                                                                
JACK MANNING, owner/operator                                                                                                    
Duck Creek Market and                                                                                                           
President Juneau CHARR                                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in opposition to SB 165.                                                                       
                                                                                                                                
LEEANN THOMAS, owner                                                                                                            
Triangle Club Bar                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in opposition to SB 165.                                                                       
                                                                                                                                
ELIZABETH RIPLEY, Executive Director                                                                                            
Mat-Su Health Foundation                                                                                                        
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support of SB 165.                                                                          
                                                                                                                                
KATE BURKHART, Executive Director                                                                                               
Advisory Board on Alcoholism and Drug Abuse                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of SB 165.                                                                          
                                                                                                                                
DALE FOX, President and CEO                                                                                                     
Alaska CHARR                                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to SB 165.                                                                       
                                                                                                                                
DARWIN BIWER, Chair                                                                                                             
Alaska CHARR                                                                                                                    
Anchorage Alaska                                                                                                                
POSITION STATEMENT:  Testified in opposition to SB 165.                                                                       
                                                                                                                                
BOB WINN representing himself                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to SB 165.                                                                       
                                                                                                                                
LARRY HACKENMILLER                                                                                                              
Interior CHARR                                                                                                                  
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to SB 165.                                                                       
                                                                                                                                
GINNY ESPENSHADE, Executive Director                                                                                            
Kenai Peninsula Youth Court                                                                                                     
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:  Testified that SB 165 is a great start                                                                   
toward reforming the minor consuming statutes.                                                                                  
                                                                                                                                
TIFFANY HALL, Executive Director                                                                                                
Recover Alaska                                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of SB 165.                                                                          
                                                                                                                                
ANNA BRAWLEY                                                                                                                    
Agnew Beck Consulting                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of SB 165.                                                                          
                                                                                                                                
CARMEN GUTIEREZ, Counsel                                                                                                        
Alaska Mental Health Trust Authority                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of SB 165.                                                                          
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                              
1:34:06 PM                                                                                                                    
CHAIR MIA COSTELLO  called the Senate Labor and  Commerce Standing                                                            
Committee meeting  to order at 1:34  p.m.  Present at  the call to                                                              
order were  Senators Ellis,  Meyer, Giessel,  and Chair  Costello.                                                              
Senator Stevens  joined the committee soon thereafter  and Senator                                                              
Micciche arrived during the course of the meeting.                                                                              
                                                                                                                                
            SB 72-DESIGNATED CAREGIVERS FOR PATIENTS                                                                        
                                                                                                                                
1:35:13 PM                                                                                                                    
CHAIR  COSTELLO announced  the consideration  of SB  72. She noted                                                              
this  is   the  first  hearing.   [CSSB  72(HSS)  is   before  the                                                              
committee.]                                                                                                                     
                                                                                                                                
1:35:18 PM                                                                                                                    
SENATOR CATHY  GIESSEL, Alaska  State Legislature,  sponsor  of SB                                                              
72, stated that  this legislation is otherwise referred  to as the                                                              
Caregiver,  Advise, Record  and  Enable (CARE)  Act.  It is  about                                                              
enabling,  educating, and  preparing  caregivers to  take care  of                                                              
family  members when  they leave  the  hospital. The  goal of  the                                                              
legislation is to  reduce healthcare costs and  improve the health                                                              
of Alaska's citizens.  She reported that the U.S.  has the highest                                                              
healthcare  costs  in  the  world   and  Alaska  has  the  highest                                                              
healthcare costs in the nation.                                                                                                 
                                                                                                                                
She  stated that  SB  72 seeks  to improve  post-discharge  health                                                              
outcomes  by improving  coordination  with designated  caregivers,                                                              
improving the  training in aftercare,  enabling older  Alaskans to                                                              
stay  safely in  their homes  longer, and  reduce preventable  and                                                              
costly hospital readmissions.                                                                                                   
                                                                                                                                
SENATOR  GIESSEL  highlighted  that   at  any  given  time,  about                                                              
128,000 Alaskans  are providing  some type  of caregiving  service                                                              
and  support   to  a  loved-one,   friend  or  neighbor.   Helping                                                              
caregivers  do this  job  more effectively  is  estimated to  save                                                              
over $1  billion. Lay caregivers  are increasingly being  asked to                                                              
perform  complex  nursing and  medical  tasks such  as  dispensing                                                              
medications, administering  injections, and providing  wound care.                                                              
Oftentimes  they have  had little  or no training.  She related  a                                                              
personal experience.                                                                                                            
                                                                                                                                
SENATOR  GIESSEL  explained  that   SB  72  is  designed  to  help                                                              
individuals  learn to provide  appropriate care  so a  patient can                                                              
go  home from  the hospital  earlier  and not  be readmitted.  She                                                              
noted the maps  in the packet and  related that when the  bill was                                                              
introduced  last  year  there  were  only  five  states  that  had                                                              
approved  the CARE  Act,  whereas today  an  additional 14  states                                                              
have passed similar legislation.                                                                                                
                                                                                                                                
She deferred further comment to her Intern, Emmie Van Wyhn.                                                                     
                                                                                                                                
1:38:34 PM                                                                                                                    
EMMIE VAN  WYHN, Student Intern,  Senator Cathy Giessel,  directed                                                              
attention  to  the  U.S.  map in  the  packets  to  highlight  the                                                              
significant  number   of  states   that  have  passed   designated                                                              
caregiver  legislation in  the past  year and  many more that  are                                                              
considering similar  legislation. She listed the  four things that                                                              
SB 72  will do: 1)  ensure patients are  given the  opportunity to                                                              
name  a   caregiver  to   provide  aftercare  following   hospital                                                              
discharge; 2) ensure  the designated caregiver is  notified of the                                                              
patient's discharge  or transfer  to another  facility as  soon as                                                              
practicable;  3) the hospital  shall consult  with the  designated                                                              
caregiver and offer  training for after medical  and nursing tasks                                                              
prior  to  discharge;  and  4) ensure  that  hospitals  adopt  and                                                              
maintain written discharge policies.                                                                                            
                                                                                                                                
1:39:52 PM                                                                                                                    
SENATOR GIESSEL  informed the  committee that  since the  bill was                                                              
introduced  last  year,  the  Alaska  Hospital  and  Nursing  Home                                                              
Association,  AARP Alaska,  and  her office  have collaborated  to                                                              
improve  the bill.  To this end,  a committee  substitute  (CS) is                                                              
forthcoming.                                                                                                                    
                                                                                                                                
CHAIR  COSTELLO  clarified  for  the  listening  public  that  the                                                              
committee would  work with  the sponsor to  introduce the CS  at a                                                              
future meeting.                                                                                                                 
                                                                                                                                
SENATOR MEYER questioned which version was before the committee.                                                                
                                                                                                                                
1:41:09 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
1:42:45 PM                                                                                                                    
CHAIR COSTELLO reconvened  the hearing and welcomed  Ms. Etheridge                                                              
to provide  comment and  the administration's  perspective  of the                                                              
legislation.                                                                                                                    
                                                                                                                                
1:43:07 PM                                                                                                                    
DEB   ETHERIDGE,  Deputy   Director,   Division   of  Senior   and                                                              
Disabilities  Services,  testified  on  SB  72  stating  that  the                                                              
department  views better  post-hospital care  in a patient's  home                                                              
as a positive.                                                                                                                  
                                                                                                                                
CHAIR   COSTELLO  asked   if  the   administration  supports   the                                                              
legislation.                                                                                                                    
                                                                                                                                
MS. ETHERIDGE answered yes.                                                                                                     
                                                                                                                                
CHAIR  COSTELLO   asked  if  the  legislation  would   change  the                                                              
questions  the  hospital  asks   a  patient  prior  to  discharge,                                                              
because  hospitals  generally  only  ask  patients  if  they  have                                                              
family to provide aftercare.                                                                                                    
                                                                                                                                
MS.  ETHERIDGE replied  SB  72 allows  a  patient  to designate  a                                                              
person who may or may not be a family member.                                                                                   
                                                                                                                                
SENATOR  MEYER asked  how anyone  would  know whether  or not  the                                                              
caregiver was providing the appropriate care.                                                                                   
                                                                                                                                
MS. ETHERIDGE answered  that the bill requires the  hospital to do                                                              
education and training of the designated caregiver.                                                                             
                                                                                                                                
SENATOR  MEYER asked  if  the legislation  allows  the patient  to                                                              
designate the caregiver.                                                                                                        
                                                                                                                                
MS.  ETHERIDGE  confirmed that  was  correct  and added  that  the                                                              
patient also can choose not to designate a caregiver.                                                                           
                                                                                                                                
SENATOR  MEYER  asked  if  the hospital  is  responsible  for  the                                                              
quality of care when the patient has designated the caregiver.                                                                  
                                                                                                                                
MS. ETHERIDGE  offered her understanding  that the  bill clarifies                                                              
that the new sections  in AS 18.20 may not be  construed to create                                                              
a right of action against the hospital.                                                                                         
                                                                                                                                
1:46:06 PM                                                                                                                    
SENATOR STEVENS joined the committee.                                                                                           
                                                                                                                                
CHAIR COSTELLO asked how this would affect a power of attorney.                                                                 
                                                                                                                                
MS. ETHERIDGE explained  that someone with a power  of attorney is                                                              
not required to  provide actual care and doesn't  necessarily have                                                              
medical authority for that person.                                                                                              
                                                                                                                                
1:46:37 PM                                                                                                                    
CHAIR COSTELLO opened public testimony.                                                                                         
                                                                                                                                
1:46:54 PM                                                                                                                    
AMANDA   MCCORMICK,  representing   herself,  Anchorage,   Alaska,                                                              
testified in support  of SB 72. She shared a story  about a tenant                                                              
with  a  mental  disability  who entered  the  hospital  for  knee                                                              
replacement   surgery.  The   attending   physician  assured   Ms.                                                              
McCormick that  she would be  notified when  Nora was ready  to be                                                              
released  from the hospital  so she  could pick  her up,  but that                                                              
didn't happen.  Instead, Nora  was put  on a city  bus to  go home                                                              
with  her husband  who also  has  a mental  disability. Nora  died                                                              
that night  and it  was completely  unnecessary.  She said  she is                                                              
testifying as a voice for Nora and others in similar situations.                                                                
                                                                                                                                
1:50:13 PM                                                                                                                    
KEN  HELANDER,  Advocacy  Director,   AARP  Alaska,  testified  in                                                              
strong support  of SB  72. He stated  that family caregivers  have                                                              
traditionally   provided   assistance  with   bathing,   dressing,                                                              
eating, and  household tasks. These  tasks remain critical  to the                                                              
wellbeing of  care recipients,  but the  role of family  caregiver                                                              
has expanded rapidly to include medical and nursing tasks.                                                                      
                                                                                                                                
The AARP Public  Policy Institute and the United  Hospital Fund in                                                              
2012 documented  this major  shift in a  national survey  of 1,677                                                              
caregivers that  asked what medical  and nursing  tasks caregivers                                                              
were  performing.  Additionally,   a  report  titled  Home  Alone:                                                              
Family  Caregivers  Providing  Complex  Chronic  Care  highlighted                                                              
that 46  percent performed medical  and nursing tasks  for persons                                                              
with  multiple  chronic,  physical and  cognitive  conditions;  78                                                              
percent managed  medications, including administering  intravenous                                                              
fluids and injections;  more than 33 percent wanted  more training                                                              
in wound  care; most  felt they were  helping their  family member                                                              
avoid an  institution; and most  reported they received  little or                                                              
no instruction to perform the tasks.                                                                                            
                                                                                                                                
MR. HELANDER described  an AARP survey of 800 Alaskans  age 45 and                                                              
over that asked  about their experiences in caregiving.  Among the                                                              
findings: 56 percent  identified themselves as being  a current or                                                              
former  caregiver and  6 in  10 reported  helping with  medication                                                              
management  tasks; 50  percent  of registered  voters  said it  is                                                              
likely they  will provide care  for a friend  or family  member in                                                              
the future.  He said the 128,000  unpaid caregivers in  Alaska are                                                              
the foundation of  the state's care system, providing  care valued                                                              
at over $1.1  billion annually. Supporting these  caregivers keeps                                                              
people  out  of  more  expensive   levels  of  care  and  provides                                                              
independence,  choice, and dignity  that the  system is  based on.                                                              
Many of  these caregivers are  thrust into this  role unexpectedly                                                              
and if  they don't  have the needed  tools to provide  appropriate                                                              
care, the patient may be re-hospitalized.                                                                                       
                                                                                                                                
SB  72 helps  this situation,  he  said. Its  goal  is to  involve                                                              
family  caregivers as  part of the  care team.  The bill  requires                                                              
all  hospitals  in  Alaska  to   adopt  policies  to  ensure  they                                                              
identify  and  record who  the  family  caregiver  is, if  one  is                                                              
designated;  notify   the  caregiver  that  a  patient   is  being                                                              
discharged;  and  demonstrate  the   care  they  are  expected  to                                                              
provide at home.                                                                                                                
                                                                                                                                
MR.  HELANDER stated  that  the collaboration  referenced  earlier                                                              
led  to  the mutually  agreeable  language  in  the  [forthcoming]                                                              
amended  bill.  He  pointed  out that  while  many  hospitals  are                                                              
already doing  what the bill provides,  this will ensure  that all                                                              
hospitals  are on  the same  page involving  family caregivers  as                                                              
part  of the  care team.  This is  particularly  important in  the                                                              
current fiscal climate, he said.                                                                                                
                                                                                                                                
1:56:55 PM                                                                                                                    
ED ZASTROW, representing  himself, Ketchikan, testified  in strong                                                              
support of  SB 72. He  shared a personal  story of  his experience                                                              
with a  successful hospital discharge  in Ketchikan. His  wife was                                                              
schooled in how to  care for him and they were  assisted in how to                                                              
prepare  their home  to  accommodate his  needs.  SB 72  addresses                                                              
this type of program  and he finds it difficult  to understand why                                                              
any hospital  wouldn't make  these accommodations. He  highlighted                                                              
that  Ketchikan  General  Hospital   is  currently  rewriting  the                                                              
policies  for  their  program  and  is  very  pleased  with  their                                                              
caregiver training program.                                                                                                     
                                                                                                                                
1:59:00 PM                                                                                                                    
JEANNIE   MONK,   Alaska   State   Hospital   and   Nursing   Home                                                              
Association,  Juneau,  Alaska,   confirmed  that  ASHNA  has  been                                                              
collaborating with  the sponsor and  AARP Alaska and  supports the                                                              
forthcoming  CS. She stated  that a  transition from the  hospital                                                              
to  home  is stressful,  but  the  best-case  scenario is  when  a                                                              
willing  caregiver is  available  to provide  aftercare. She  said                                                              
ASHNA  supports  family caregivers  and  wants  to give  them  the                                                              
confidence and skills needed to handle the aftercare.                                                                           
                                                                                                                                
She related  that Alaska  hospitals are  working on strategies  to                                                              
reduce  re-admissions,  provide   coordinated  care  services  and                                                              
planning  across  a  continuum,  and meet  rigorous  Medicare  and                                                              
Medicaid conditions  of participation. As part of  every patient's                                                              
discharge  assessment, the  hospital works  to determine  who will                                                              
provide ongoing  care, include that  individual in  the transition                                                              
planning,  and provide  them  with information  about  medications                                                              
and follow-up care.  SB 72 builds on and strengthens  the existing                                                              
discharge planning  processes that are in place  at all hospitals;                                                              
ASHNA, therefore, supports the legislation.                                                                                     
                                                                                                                                
2:01:30 PM                                                                                                                    
CHAIR  COSTELLO related  a personal  story about  a loved  one who                                                              
entered  the  hospital  and  was   asked  if  she  had  family  in                                                              
Anchorage to help  with aftercare. This person  answered no, which                                                              
was technically  correct but  didn't take  into account  the life-                                                              
long family-like relationship with Senator Costello's family.                                                                   
                                                                                                                                
She  questioned how  hospitals will  educate their  staff to  look                                                              
beyond  the traditional  family caregiver  when it's  appropriate.                                                              
"Essentially, we were  cut out of the process and  they were ready                                                              
to assume  she had  nobody  in Alaska  when, in fact,  she had  my                                                              
family," Senator Costello said.                                                                                                 
                                                                                                                                
MS.  MONK  offered  her  understanding  that  each  hospital  will                                                              
integrate this into  their discharge policies and will  ask if the                                                              
patient wants  to designate a caregiver.  If so, the  patient will                                                              
sign  an agreement  so the  hospital can  release information  and                                                              
the hospital will fully involve that designated caregiver.                                                                      
                                                                                                                                
SENATOR STEVENS asked who will pay for the training.                                                                            
                                                                                                                                
MS. MONK  replied hospitals  already work  with family  caregivers                                                              
and provide  training that is relevant  to the patient's  needs at                                                              
discharge.  This  is  simply  integrating   into  their  discharge                                                              
policies  the  process  of  allowing  a  patient  to  designate  a                                                              
caregiver.  She clarified, "This  bill will  not address  the full                                                              
range of caregiver needs."                                                                                                      
                                                                                                                                
2:05:19 PM                                                                                                                    
SENATOR MEYER asked who pays for the caregivers.                                                                                
                                                                                                                                
MS. MONK clarified that these are all unpaid caregivers.                                                                        
                                                                                                                                
SENATOR  MEYER  asked  if  the  hospital  provides  someone  if  a                                                              
patient doesn't have a family caregiver.                                                                                        
                                                                                                                                
MS. MONK  clarified that  this legislation does  not speak  to the                                                              
hospital  providing  any  caregivers.  It speaks  to  the  patient                                                              
designating  someone  who  is  willing  to  provide  post-hospital                                                              
care.  If a patient  does not  have someone  to care  for them  at                                                              
home,  the  hospital  social  services  department  works  out  an                                                              
appropriate  transition plan. This  is a  large problem,  but this                                                              
legislation  does not address  that aspect  of post-release  care,                                                              
she said.                                                                                                                       
                                                                                                                                
2:06:32 PM                                                                                                                    
CHAIR  COSTELLO closed  public testimony  on  SB 72  and held  the                                                              
bill in committee.                                                                                                              
                                                                                                                                
2:06:42 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
         SB 165-ALCO. BEV. CONT. BOARD; MINORS; ALCOHOL                                                                     
                                                                                                                                
2:08:31 PM                                                                                                                    
CHAIR   COSTELLO  reconvened   the  meeting   and  announced   the                                                              
consideration of SB 165.                                                                                                        
                                                                                                                                
2:09:26 PM                                                                                                                    
CHUCK   KOPP,  Staff,   Senator  Peter   Micciche,  Alaska   State                                                              
Legislature, presented  SB 165 on behalf of the  sponsor, speaking                                                              
to the following sponsor statement:                                                                                             
                                                                                                                                
     Senate   Bill  165   is  the  product   of  an   ongoing                                                                   
     comprehensive,   multiyear  modernization  process   for                                                                   
     Title 4,  Alaska's statutes  that govern the  regulation                                                                   
     and control of alcoholic beverages in the state.                                                                           
                                                                                                                                
     Title 4  is largely unchanged  since enactment  in 1980.                                                                   
     It   is   widely   recognized  to   be   outdated,   and                                                                   
     ineffectual   in  carrying   out  the   intent  of   the                                                                   
     statutes,  which   directly  impact  Alaska   residents,                                                                   
     public   safety,  public  health,   and  the   alcoholic                                                                   
     beverage industry.                                                                                                         
                                                                                                                                
     Following  a 3-year review  and update by  stakeholders,                                                                   
     SB  99 was introduced  in April  2015, a  large body  of                                                                   
     work spanning  nearly 100 pages.  The complexity  of the                                                                   
     bill  and the need  for additional  stakeholder work  to                                                                   
     gain  consensus on  several  licensing issues,  prompted                                                                   
     the  ABC Board  Title  4  Review Steering  Committee  in                                                                   
     December  2015 to  recommend  a new,  two-track  process                                                                   
     for Title  4 rewrite - 1)  streamline elements of  SB 99                                                                   
     into  SB  165 that  focuses  on  the areas  where  broad                                                                   
     consensus  currently  exists, particularly  those  items                                                                   
     that   impact  youth;   and,  2)   hold  the   remaining                                                                   
     provisions  for further refinement  and introduction  as                                                                   
     a second package in 2017.                                                                                                  
                                                                                                                                
     SB  165   focuses  on  a   discrete  set  of   consensus                                                                   
     recommendations   which   includes  ABC   Board   member                                                                   
     Composition     and     Qualifications      (04.16.020);                                                                   
     consideration  of  Executive   Director  experience  and                                                                   
     background  when filling vacant  seats; clarifying  that                                                                   
     minors  are allowed  to play  and work  on golf  courses                                                                   
     that serve  alcoholic beverages; establish  the offenses                                                                   
     of  Minor on  Licensed Premises  (04.16.049) and  Minors                                                                   
     in   Possession   or   Consuming   (04.16.050)   to   be                                                                   
     violations;  provides that  such violations  may not  be                                                                   
     published  on CourtView,  nor  be cause  for a  driver's                                                                   
     license  cancellation  or   revocation;  and  encourages                                                                   
     alcohol  education  or  treatment   upon  conviction  of                                                                   
     minor consuming and possession offenses.                                                                                   
                                                                                                                                
He noted the letters of support in the packets.                                                                                 
                                                                                                                                
2:10:12 PM                                                                                                                    
CHAIR COSTELLO welcomed Senator Micciche to the hearing.                                                                        
                                                                                                                                
2:10:59 PM                                                                                                                    
SENATOR PETER  MICCICHE, Alaska  State Legislature, sponsor  of SB                                                              
165,  thanked the  committee for  hearing the  bill. He  described                                                              
the  measure   as  important   to  all   Alaskans  and   youth  in                                                              
particular.                                                                                                                     
                                                                                                                                
2:11:39 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:11:59 PM                                                                                                                    
CHAIR  COSTELLO  reconvened  the   meeting  and  welcomed  Cynthia                                                              
Franklin.                                                                                                                       
                                                                                                                                
2:12:21 PM                                                                                                                    
CYNTHIA FRANKLIN,  Executive Director, Alcoholic  Beverage Control                                                              
(ABC) Board,  summarized the Title  4 review process  and provided                                                              
an overview of  SB 165. She explained  that SB 165 is  part of the                                                              
Title 4 rewrite  that particularly works on  increasing swiftness,                                                              
proportionality  and consistency  of  penalties; increasing  local                                                              
law   enforcement   of   Title    4;   and   increasing   licensee                                                              
accountability for  Title 4 violations.  The provisions in  SB 165                                                              
reflect many hours  of work by the Underage  Drinking Subcommittee                                                              
and the Role of the Board Subcommittee, she said.                                                                               
                                                                                                                                
2:14:34 PM                                                                                                                    
MR. KOPP  explained that over  the Interim the steering  committee                                                              
worked  with the  Alaska  CHARR  Government Affairs  Committee  to                                                              
flag language in  the comprehensive SB 99 that  would benefit from                                                              
refinement. In  December 2015  the steering committee  recommended                                                              
placing  certain  elements  from   SB  99  into  a  new  bill  for                                                              
implementation  in 2016.  He maintained  that the  elements in  SB                                                              
165 enjoy  a broad  consensus of support.  He emphasized  that the                                                              
steering  committee would  continue  to engage  with  stakeholders                                                              
and the  five subcommittees  to refine  the comprehensive  package                                                              
so a new bill could be introduced in 2017.                                                                                      
                                                                                                                                
MR. KOPP and  Ms. Franklin discussed the consensus  elements in SB                                                              
165:  1) ABC  Board composition  and qualifications;  2) minor  on                                                              
licensed premises,  which would be reduced to a  violation; and 3)                                                              
minor  consuming  alcohol,  which  would  be  reduced  to  a  pure                                                              
violation.                                                                                                                      
                                                                                                                                
2:17:04 PM                                                                                                                    
MS. FRANKLIN  described  the work  on the board  composition  as a                                                              
true  compromise, explaining  that  the revised  composition is  2                                                              
industry  members,  1  public  health   member,  1  public  safety                                                              
member, and  1 rural public  member. An additional  compromise was                                                              
to  factor  in  the  director's   expertise  and  background  when                                                              
filling   vacant   seats  in   order   to  maintain   a   balanced                                                              
perspective.  Thus, if  the director  has a background  in  any of                                                              
the  designated  seats, that  seat  will  be  filled by  a  public                                                              
member. She  noted that  the director is  a non-voting  member but                                                              
he/she has quite a bit of influence on the board and its work.                                                                  
                                                                                                                                
She said the work  on underage drinking and access  to alcohol was                                                              
done by the  Underage Drinking Subcommittee, relying  on data from                                                              
the  Court  System. One  aspect  in  the  bill concerns  minor  on                                                              
licensed  premises   and  another  concerns  minor   consuming  or                                                              
possessing alcohol.  The idea is  to restore minor consuming  to a                                                              
true violation.                                                                                                                 
                                                                                                                                
2:20:21 PM                                                                                                                    
CHAIR COSTELLO  asked her to  describe the problem  this provision                                                              
seeks to address.                                                                                                               
                                                                                                                                
MS.  FRANKLIN explained  that  the existing  AS  04.16.050 says  a                                                              
first offense  is a violation, but  the Court of Appeals  has said                                                              
it looks  like a  crime because  it contains mandatory  provisions                                                              
that aren't  normally associated  with a violation.  The mandatory                                                              
court appearances  and requirements attach to all  levels of minor                                                              
consuming  and have  led to  a substantial  number  of arrests  of                                                              
minors, which implicates federal status offense policies.                                                                       
                                                                                                                                
She directed  attention to the  current penalty scheme  for minors                                                              
consuming  alcohol and  pointed  out that  the federal  government                                                              
has warned  states not to put  young people in jail  for something                                                              
that is legal  except for their  age. She noted that  Court System                                                              
data  indicates that  the treatment  of MCA  offenses vary  widely                                                              
throughout the state.  Additionally, officers have  said that they                                                              
often  chose  not  to  write  a  ticket  at  all  because  of  the                                                              
escalating  penalties   of  the  offense.  This,   too,  leads  to                                                              
inconsistency among jurisdictions.                                                                                              
                                                                                                                                
By  contrast, SB  165  provides  the same  penalty  for every  MCA                                                              
violation.  There  is  a  $500 fine  that,  if  unpaid,  could  be                                                              
deducted from the  permanent fund dividend (PFD). The  fine can be                                                              
reduced to  $50 by  voluntary participation  in alcohol  treatment                                                              
or education  or any community  diversion activity  that's offered                                                              
in the  community or  statewide.  Also, because  the offense  is a                                                              
true  violation,  a young  person  will never  be  in  jail for  a                                                              
status offense.                                                                                                                 
                                                                                                                                
2:24:37 PM                                                                                                                    
MR.  KOPP added  that minor  consuming alcohol  offenses are  true                                                              
violations  and  will  never  appear   on  the  minor's  CourtView                                                              
record. He clarified that they are not driving offenses.                                                                        
                                                                                                                                
2:25:51 PM                                                                                                                    
MR.  KOPP began  to read  through  the sectional  analysis for  SB                                                              
165.                                                                                                                            
                                                                                                                                
     Section   1  -  Repeals   and  reenacts  AS   04.06.020,                                                               
     relating   to   the   appointment,   reappointment   and                                                                   
     qualifications  of  members  of the  Alcoholic  Beverage                                                                   
     Control  Board;  Governor   consideration  of  executive                                                                   
     director  experience  when  making  board  appointments;                                                                   
     and establishing definitions.                                                                                              
                                                                                                                                
2:28:00 PM                                                                                                                    
CHAIR  COSTELLO asked  if  the bill  could  upend the  traditional                                                              
process where  executive directors work  at the discretion  of the                                                              
board.                                                                                                                          
                                                                                                                                
MR. KOPP  replied the  executive director  serves at the  pleasure                                                              
of the board and can be removed for cause by the governor.                                                                      
                                                                                                                                
CHAIR COSTELLO asked if the executive director has a vote.                                                                      
                                                                                                                                
MR. KOPP  replied the  executive  director of  the ABC Board  does                                                              
not have  a vote, but  he/she has  significant influence  over the                                                              
board. The  consensus was  that the healthy  tension on  the board                                                              
is balanced  if none of the  sectors are weighted. He  didn't know                                                              
how that would apply to other boards.                                                                                           
                                                                                                                                
MS.  FRANKLIN  added that  nothing  in  the  bill is  intended  to                                                              
change the structure  of the director's appointment  or how he/she                                                              
serves the  board. The only aspect  of the bill that is  unique is                                                              
the  idea  of   considering  the  director's  background   in  the                                                              
governor appointments.                                                                                                          
                                                                                                                                
CHAIR  COSTELLO recalled  the pushback  when the  board was  moved                                                              
from  public  safety  to  commerce and  admitted  to  having  some                                                              
concern  about  politicizing  the  personality  of  the  executive                                                              
director.                                                                                                                       
                                                                                                                                
MR. KOPP continued the sectional analysis of SB 165.                                                                            
                                                                                                                                
     Section  2 -  In AS  04.06.030, Terms  of office;  chair                                                               
     changes "chairman" to "chair".                                                                                             
                                                                                                                                
     Section  3  -  In  AS  04.06.050,   Meetings  -  changes                                                               
     "chairman" to "chair".                                                                                                     
                                                                                                                                
     Section 4 -  Amends AS 04.16.049(a), relating  to access                                                               
     by  minors to  licensed premises;  adds  a reference  to                                                                   
     04.11.110  permitting  access  to  club  premises  by  a                                                                   
     person under  21 years of age if no  alcoholic beverages                                                                   
     are  present  or  if  the  person  has  an  active  duty                                                                   
     military card;  changes "age of  21 years" to  "21 years                                                                   
     of  age" to  conform  to  current drafting  style,  and;                                                                   
     identifies  circumstances  under  which  minors  may  be                                                                   
     employed on licensed premises.                                                                                             
                                                                                                                                
2:35:52 PM                                                                                                                    
     Section  5 - Amends  AS 04.16.049(b),  changing "age  of                                                               
     21 years"  to "21  years of age"  to conform to  current                                                                   
     drafting style.                                                                                                            
                                                                                                                                
     Section   6   -   Amends   AS   04.16.049(c),   allowing                                                               
     juveniles,  16 &  17 years  of  age, to  be employed  on                                                                   
     golf  course  licensed premises  as  long as  they  have                                                                   
     written   consent  of   guardian  or   parent,  and   an                                                                   
     exemption granted by the Department of Labor.                                                                              
                                                                                                                                
     Section  7 - Amends  AS 04.16.049(d),  to allow  minors,                                                               
     18-20 years  of age, to be employed within  the licensed                                                                   
     premises of a  golf course as long as they  do not sell,                                                                   
     serve, deliver, or dispense alcoholic beverages.                                                                           
                                                                                                                                
2:36:50 PM                                                                                                                    
     Section 8  - Adds a new  subsection (g) to  AS 04.16.049                                                               
     to  permit access  by  minors to  golf  courses for  the                                                                   
     purpose  of playing  golf. Adds  new subsections  making                                                                   
     unauthorized  presence by a  minor on licensed  premises                                                                   
     a violation,  punishable by a  fine of $500,  which must                                                                   
     be  charged  and filed  with  the  court as  a  separate                                                                   
     case. The fine  may be reduced by a court to  $50 if the                                                                   
     minor  supplies  proof  of   completion  of  an  alcohol                                                                   
     safety action program.                                                                                                     
                                                                                                                                
MR. KOPP noted that youth courts and community diversion panels                                                                 
were inadvertently omitted.                                                                                                     
                                                                                                                                
     Section 9 -  Repeals and reenacts AS 04.  16.050 to make                                                               
     minor  consuming a violation,  punishable  by a fine  of                                                                   
     $500,  which must be  charged and  filed with the  court                                                                   
     as a separate  case. The fine may be reduced  by a court                                                                   
     to $50 if  the minor supplies proof of completion  of an                                                                   
     alcohol safety action program.                                                                                             
                                                                                                                                
2:40:48 PM                                                                                                                    
     Section 10  - Amends AS  04.16.180(d) so that  the court                                                               
     may  not  require  a  person   under  21  years  of  age                                                                   
     convicted of  a violation under this chapter  to pay for                                                                   
     and  enroll   in  a   juvenile  alcohol  safety   action                                                                   
     program.                                                                                                                   
                                                                                                                                
MR.  KOPP  informed  the  committee  that  it  became  clear  just                                                              
yesterday  that  the language  in  current law  [AS  04.16.180(d)]                                                              
does not  need to be  amended. Thus, Section  10 does not  need to                                                              
be in the bill.                                                                                                                 
                                                                                                                                
2:41:55 PM                                                                                                                    
SENATOR GIESSEL asked if the intention was to use the term "a                                                                   
crime" on page 5, line 30.                                                                                                      
                                                                                                                                
2:42:44 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:43:06 PM                                                                                                                    
CHAIR  COSTELLO reconvened  the  meeting and  asked  Ms. Meade  to                                                              
address the question.                                                                                                           
                                                                                                                                
2:43:12 PM                                                                                                                    
NANCY  MEADE, General  Counsel,  Administrative  Staff, Office  of                                                              
the  Administrative  Director,  Alaska  Court  System,  Anchorage,                                                              
Alaska, agreed with  Mr. Kopp that Section 10 does  not need to be                                                              
in SB  165. This statute [AS  04.16.180(d)] makes  minor consuming                                                              
alcohol an  offense, not a  crime. If the  bill were to  pass with                                                              
the language on  page 5, lines 30 and 31, minor  consuming alcohol                                                              
would be excluded.  "I think Mr. Kopp had determined  that leaving                                                              
the  bill  as   is  does  allow  the  court   to,  in  appropriate                                                              
circumstances,  have some  discretion to  refer some juveniles  or                                                              
minors to  the programs  that are  in that  section of  the bill,"                                                              
she said.                                                                                                                       
                                                                                                                                
SENATOR GIESSEL asked if Section 10 will stay or be removed.                                                                    
                                                                                                                                
MS.  MEADE said  she believes  that Mr.  Kopp will  remove all  of                                                              
Section 10.                                                                                                                     
                                                                                                                                
2:44:53 PM                                                                                                                    
MR. KOPP continued the sectional analysis of SB 165.                                                                            
                                                                                                                                
     Section  11   -  Modifies  the  required   language  for                                                               
     warning signs  on licensed or designated premises  in AS                                                                   
     04.21065(b).                                                                                                               
                                                                                                                                
     Section 12 -  Adds a new provision in  04.21.078 barring                                                               
     the  court   system  from   publishing  on  a   publicly                                                                   
     available  website  the  record  of a  violation  of  AS                                                                   
     04.16,049  or 04.16.050  if  the violation  was  charged                                                                   
     separately  and  was  not   joined  with  another  minor                                                                   
     offense or criminal charge.                                                                                                
                                                                                                                                
     Section   13  -   Amends  AS   21.36.210(a)  Limits   on                                                               
     cancellation,  to remove  a  reference  to AS  21.96.027                                                                   
     due to repeal and reenactment of AS 04.16.050.                                                                             
                                                                                                                                
     Section  14 -  Amends  AS 28.15.057(a)  Restrictions  on                                                               
     driver's license  issued to person under 18,  to reflect                                                                   
     the repeal and reenactment of AS 04.16.050.                                                                                
                                                                                                                                
     Section  15 - Amends  AS 28.15.191(a)  Court and  parole                                                               
     board  reports to department  removes court  requirement                                                                   
     to  forward  to  DMV  a  record  of  a  minor  consuming                                                                   
     alcohol violation conviction within five working days.                                                                     
                                                                                                                                
     Section 16  - Amends AS 28.15.211(g)  removing reference                                                               
     to DMV  not issuing or  reissuing a driver's  license to                                                                   
     a  person  whose  license was  revoked  for  an  offense                                                                   
     under 04. 16.050.                                                                                                          
                                                                                                                                
     Section 17 -  Amends the uncodified law of  the State of                                                               
     Alaska, adding  a new section describing a  Direct Court                                                                   
     Rule  Amendment to  Rule 17(a),  Alaska  Rules of  Minor                                                                   
     Offense Procedure.                                                                                                         
                                                                                                                                
     Section 18 -  Amends the uncodified law of  the State of                                                               
     Alaska, adding  a new subsection (g) to Rule  17, Alaska                                                                   
     Rules  of  Minor Offense  Procedure,  providing  that  a                                                                   
     prosecutor   may  not  join   a  minor  offense   for  a                                                                   
     violation  of   ASO4.16.049  or  AS  04.16.050   with  a                                                                   
     related criminal offense.                                                                                                  
                                                                                                                                
     Section 19  - Repeals various  sections that have  to do                                                               
     with  denial, cancelation  or  non-renewal of  insurance                                                                   
     for minor  consuming violations,  court revocation  of a                                                                   
     driver's  license  for  minor   consuming  alcohol,  and                                                                   
     Health  & Social  Services  agreements under  Delinquent                                                                   
     Minor  rules  to revoke  a  driver's license  for  minor                                                                   
     consuming alcohol offenses.                                                                                                
                                                                                                                                
     Section 20 - Applicability provisions.                                                                                 
                                                                                                                                
     Section   21  -   Transition   provisions  relating   to                                                               
     membership on the ABC Board.                                                                                               
                                                                                                                                
2:47:45 PM                                                                                                                    
SENATOR MEYER asked if the penalty for a second or third minor                                                                  
in possession offense would be a $500 fine.                                                                                     
                                                                                                                                
MR.  KOPP confirmed  those  would be  violations  and the  penalty                                                              
would  be  a $500  fine.  Responding  to  a further  question,  he                                                              
agreed that  the fine could be reduced  to $50 if the  youth takes                                                              
a court  approved alcohol  safety action  program or youth  court.                                                              
He noted  that the data  shows that 70  percent of  youths charged                                                              
with minor consuming do not commit a second offense.                                                                            
                                                                                                                                
SENATOR  MEYER asked  Ms.  Franklin  if the  marijuana  possession                                                              
laws  will  mirror  the  alcohol   possession  laws  for  underage                                                              
persons.                                                                                                                        
                                                                                                                                
MS.  FRANKLIN  replied the  laws  are  totally different  at  this                                                              
point;  legislative   reconciliation  work  is  needed   to  bring                                                              
marijuana minor offenses in line with AS 04.16.050.                                                                             
                                                                                                                                
2:50:26 PM                                                                                                                    
SENATOR STEVENS  questioned the zero  fiscal note when  Section 11                                                              
calls for new signage.                                                                                                          
                                                                                                                                
MS. FRANKLIN explained  that creating and supplying  correct signs                                                              
is a fixed expense of her office.                                                                                               
                                                                                                                                
2:51:33 PM                                                                                                                    
CHAIR COSTELLO opened public testimony on SB 165.                                                                               
                                                                                                                                
2:52:08 PM                                                                                                                    
JACK  MANNING, owner/operator,  Duck  Creek  Market and  President                                                              
Juneau CHARR, stated  that many in the industry do  not support SB                                                              
165 because of  the change in the  makeup of the board.  He said a                                                              
lot  of work  is still  going into  SB  99 and  pulling the  board                                                              
aspect  out  is  viewed  as a  piecemeal  approach  and  a  broken                                                              
promise  based on  what the  steering committee  said earlier.  He                                                              
said  all  other   state  boards  have  a  majority   of  industry                                                              
membership  but, as  currently drafted,  there could  be just  one                                                              
industry member on the ABC Board.                                                                                               
                                                                                                                                
2:54:05 PM                                                                                                                    
LEEANN  THOMAS,   owner,  Triangle   Club  Bar,  Juneau,   Alaska,                                                              
testified in  opposition to  SB 165. She  said that for  two years                                                              
she  actively participated  in  the  Title 4  rewrite  but she  is                                                              
totally   against  pulling   elements   from  that   comprehensive                                                              
legislation  and placing  it in  a separate  bill. She  emphasized                                                              
the advantage of  bringing Title 4 forward in one  piece to ensure                                                              
that it works together.  She pointed out that it  doesn't work now                                                              
because of  the piecemeal  approach. In  particular, she  objected                                                              
to the composition  of the board.  She said two industry  seats is                                                              
insufficient, and  that number could potentially drop  to one. She                                                              
maintained   that   the   non-industry  members   would   not   be                                                              
knowledgeable enough to make decisions about licenses.                                                                          
                                                                                                                                
SENATOR GIESSEL  asked what the  composition of the ABC  Board was                                                              
in the comprehensive SB 99.                                                                                                     
                                                                                                                                
MS. THOMAS  said this composition  was suggested, but  the alcohol                                                              
industry didn't  support it  so there was  ongoing work to  find a                                                              
compromise.  The reason  she doesn't  support  SB 165  is that  it                                                              
pulls  elements out  of the  comprehensive  bill before  consensus                                                              
was reached. The alcohol industry feels left behind, she said.                                                                  
                                                                                                                                
SENATOR GIESSEL  summarized that there  wasn't a consensus  on the                                                              
board makeup in SB 99.                                                                                                          
                                                                                                                                
MS. THOMAS said that's correct.                                                                                                 
                                                                                                                                
2:57:40 PM                                                                                                                    
SENATOR  MEYER   asked  if   there  is   consensus  on   minor  in                                                              
possession.                                                                                                                     
                                                                                                                                
MS.  THOMAS  offered  her  belief   that  the  industry  is  "more                                                              
supportive or that."  She added that her personal  opinion is that                                                              
the minors coming  on premises provision needs to  have teeth, but                                                              
she supports  however the  Court System can  make it  work quickly                                                              
and efficiently.                                                                                                                
                                                                                                                                
2:59:00 PM                                                                                                                    
ELIZABETH RIPLEY,  Executive Director,  Mat-Su Health  Foundation,                                                              
Wasilla, Alaska, testified  in support of SB 165.  She stated that                                                              
the foundation is  a funding partner of Recover  Alaska, which has                                                              
been very active  in the Title 4 rewrite. She  offered a differing                                                              
perspective  from the  previous testimony  maintaining that  there                                                              
was a  commitment to make  the changes  to the composition  of the                                                              
ABC Board and agreement on minor consuming.                                                                                     
                                                                                                                                
She  said SB  165  enables swift  and uniform  enforcement,  which                                                              
sends  a  very  clear message  to  youth  and  decreases  underage                                                              
drinking.  It provides incentive  to attend  an alcohol  education                                                              
program  and  decriminalizes  the  action.  She  said  the  Mat-Su                                                              
Health  Foundation   supports  the   changes  to  the   ABC  Board                                                              
composition. She  pointed out that  Alaska is the only  state that                                                              
gives  industry such  a  prominent  voice on  its  ABC Board,  and                                                              
insisted that  the board  instead needs  to more fairly  represent                                                              
the  interests  of  all Alaskans.  This  can  be  accomplished  by                                                              
designating  seats  for  public   safety  and  public  health  and                                                              
ensuring that they clearly outnumber industry seats.                                                                            
                                                                                                                                
3:02:17 PM                                                                                                                    
KATE BURKHART,  Executive Director,  Advisory Board  on Alcoholism                                                              
and Drug  Abuse, Juneau, Alaska,  testified in support of  SB 165.                                                              
She stated  that the  advisory board participated  in the  Title 4                                                              
rewrite  process  and  had  staff  that  worked  on  the  underage                                                              
drinking workgroup  that arrived  at the recommendations  embodied                                                              
in SB 165.  The bill is data  driven and based on  evidence, which                                                              
is the kind  of policy that should  be made. SB 165  rectifies the                                                              
problem   of  inconsistent   enforcement   of   laws  and   allows                                                              
implementation  of an  effective  public health  strategy to  curb                                                              
underage drinking.  She also stated  support for  the modification                                                              
in  the  ABC Board  composition,  because  it  allows for  a  more                                                              
diverse  conversation  about  alcohol policy  and  regulation  and                                                              
aligns with  the board that  was created for marijuana  regulation                                                              
and control.                                                                                                                    
                                                                                                                                
Speaking  as a director  of entities  that share  staff, she  said                                                              
alignment in authority  and representation does  promote efficient                                                              
and  effective  administration.  She noted  that  was  one of  the                                                              
reasons  for the decision  to share  staff between  the ABC  Board                                                              
and Marijuana Control Board.                                                                                                    
                                                                                                                                
3:04:44 PM                                                                                                                    
DALE  FOX,   President  and  CEO,   Alaska  CHARR,   testified  in                                                              
opposition to SB  165. He stated that claims of  consensus are not                                                              
true and  the bill is  not supported by  the industry.  He related                                                              
that  CHARR  and other  stakeholders  have  been involved  in  the                                                              
three-year  process   to  rewrite  Title  4.  Everyone   has  been                                                              
promised  one  comprehensive  package and  many  compromises  have                                                              
been made on all  sides. He said CHARR did not  support the change                                                              
in composition of  the ABC Board but accepted it  because of other                                                              
valuable industry  objectives in the comprehensive  bill. However,                                                              
what's happened  is that the top  two items of the  social service                                                              
community have  been stripped out of  [SB 99] and put  into SB 165                                                              
with no sweeteners for the industry.                                                                                            
                                                                                                                                
He said  CHARR does  support the  minor in possession  suggestions                                                              
and could support  the bill if the board composition  provision is                                                              
removed.                                                                                                                        
                                                                                                                                
3:08:04 PM                                                                                                                    
DARWIN  BIWER, Chair,  Alaska CHARR,  Anchorage Alaska,  testified                                                              
in  opposition to  SB  165. He  said this  bill  isn't needed  and                                                              
without it  both issues  would be in  the comprehensive  bill. The                                                              
reason  Title 4  needs so  much work  is because  it's been  dealt                                                              
with on a piecemeal basis.                                                                                                      
                                                                                                                                
3:10:19 PM                                                                                                                    
BOB  WINN representing  himself, Anchorage,  Alaska, testified  in                                                              
opposition  to SB  165. He  said he  was part  of the  stakeholder                                                              
group  and the  board  composition was  never  brought forward  in                                                              
this format  to the  entire body.  He maintained  that the  person                                                              
who  is least  knowledgeable  about alcohol  issues  would be  the                                                              
swing vote whenever a contentious issue is before the board.                                                                    
                                                                                                                                
3:11:44 PM                                                                                                                    
LARRY HACKENMILLER,  Interior CHARR, Fairbanks,  Alaska, testified                                                              
in opposition to  SB 165. He agreed with the  testimony from other                                                              
CHARR  members that  the composition  of the  ABC Board was  never                                                              
agreed upon. He  suggested that all references  to the composition                                                              
of the board  should be removed  from the bill. He  voiced support                                                              
for the language about minor consuming.                                                                                         
                                                                                                                                
3:13:51 PM                                                                                                                    
GINNY  ESPENSHADE,  Executive  Director,   Kenai  Peninsula  Youth                                                              
Court, stated that  SB 165 is a great start towards  reforming the                                                              
minor consuming  statutes for three  primary reasons: 1)  it keeps                                                              
youth names off  CourtView, 2) it does not involve  probation, and                                                              
3)  it  allows  each  community  to present  youth  with  as  many                                                              
options  as  possible  to  address   this  issue.  She  urged  the                                                              
committee   not  to   let  the   disagreement   about  the   board                                                              
composition delay the changes to AS 04.16.050.                                                                                  
                                                                                                                                
3:16:14 PM                                                                                                                    
TIFFANY  HALL, Executive  Director, Recover  Alaska, testified  in                                                              
support  of SB  165. She  stated support  for the  changes in  the                                                              
minor  consuming   laws  because   they  will  help   ensure  that                                                              
someone's entire  life isn't  marred by  a childhood mistake.  She                                                              
also stated  support  for the changes  to the  composition  to the                                                              
ABC Board.  It ensures  balanced representation  across a  variety                                                              
of sectors that are equally important in alcohol control.                                                                       
                                                                                                                                
ANNA   BRAWLEY,   Agnew  Beck   Consulting,   Anchorage,   Alaska,                                                              
introduced herself  and reported that her company  was on contract                                                              
first  with the  Rasmuson  Foundation and  now  Recover Alaska  to                                                              
support the Title 4 rewrite.                                                                                                    
                                                                                                                                
CHAIR COSTELLO  asked if it's  accurate that not  all stakeholders                                                              
had a chance to consider the composition of the ABC Board.                                                                      
                                                                                                                                
MS. BRAWLEY said  a lot of recommendations were  brought forth for                                                              
consideration at  the March 2014  meeting of the  full stakeholder                                                              
group.  Among   those  was   different  options   for  the   board                                                              
composition.  In  September  2014  there  was  a  meeting  of  the                                                              
steering committee  and stakeholders  and the recommendations  put                                                              
into SB  99 were put  forward. The board  composition was  part of                                                              
that.                                                                                                                           
                                                                                                                                
3:19:59 PM                                                                                                                    
CARMEN GUTIEREZ,  Counsel, Alaska  Mental Health Trust  Authority,                                                              
said she  is on contract to  provide legal services for  the Title                                                              
4 rewrite.  She said the  purpose of her  testimony is  to provide                                                              
information  regarding  CHARR's   involvement  and  their  concern                                                              
about the  composition of the board.  She explained that  after SB                                                              
99  was introduced,  CHARR raised  concerns with  the bill.  CHARR                                                              
provided  detailed concerns  regarding SB  99 but the  composition                                                              
of  the board  was not  articulated  as a  concern. Similarly,  no                                                              
issue was raised regarding the rewrite of minor consuming.                                                                      
                                                                                                                                
3:22:07 PM                                                                                                                    
CHAIR COSTELLO asked  if she had a comment on the  bill before the                                                              
committee.                                                                                                                      
                                                                                                                                
MS. GUTIEREZ  said the  first the  steering committee  heard about                                                              
CHARR's concerns  regarding the composition of the  board was when                                                              
SB 165 was  being drafted. Their  concern was that the  two issues                                                              
were pulled from SB 99 and incorporated in SB 165.                                                                              
                                                                                                                                
3:23:33 PM                                                                                                                    
CHAIR  COSTELLO closed  public testimony  on SB  165 and held  the                                                              
bill in committee.                                                                                                              
                                                                                                                                
3:24:08 PM                                                                                                                    
There  being no  further business  to come  before the  committee,                                                              
Chair Costello  adjourned the Senate  Labor and Commerce  Standing                                                              
Committee meeting at 3:24 p.m.                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
SB 72 ver. F.PDF SL&C 2/23/2016 1:30:00 PM
SB 72
CSSB 72(HSS) - Sponsor Statement.pdf SL&C 2/23/2016 1:30:00 PM
SB 72 - Fiscal Note DHSS (2).pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Fiscal Note DHSS.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Support Am. Lung Assn..pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Support AK Commission on Aging.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Support Letter AARP.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Support Letter ASHNHA.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Support Letter Mountain-Pacific.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Support Letter Kenai Support Caregivers Warren.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Support Letter Soule.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Supporting Letter Gov. Council Disabilities.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - AARP CARE Act Stats.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - AARP Survey Caregivers.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Backup Family Caregivers Infogram.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Backup Home Alone Study.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Supporting Document - AARPEconomic Value of Caregiving.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Supporting Document Updated Map of CARE ACT States.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Backup Statistics Infogram.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 165.PDF SL&C 2/23/2016 1:30:00 PM
SB 165
SB 165 - Support Letters.pdf SL&C 2/23/2016 1:30:00 PM
SB 165
SB 165 - Sponsor Statement.pdf SL&C 2/23/2016 1:30:00 PM
SB 165
SB 165 - Sectional Summary.pdf SL&C 2/23/2016 1:30:00 PM
SB 165
SB 165 - Presentation.pdf SL&C 2/23/2016 1:30:00 PM
SB 165
SB 165 - Summary.pdf SL&C 2/23/2016 1:30:00 PM
SB 165
SB 165 - MatSu Health Support Resolution.pdf SL&C 2/23/2016 1:30:00 PM
SB 165
SB 165 - Opposition Letter CHARR.pdf SL&C 2/23/2016 1:30:00 PM
SB 165
SB 165 - Fiscal Note.pdf SL&C 2/23/2016 1:30:00 PM
SB 165
SB 134.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Governor's Transmittal Letter.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - DOR Income Tax Presentation.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Alaska Income Tax Matrix 2.23.16.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - DOR Electronic Filing Statistics.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Fiscal Note DOA.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Fiscal Note DOR.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Hearing Request.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Support Resolution ALF-CIO.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134- Opposition Letter - NFIB.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Opposition Letter Gary Wilken.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Alaska Trust Company Letter.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Alaska Trust Company State Income Tax Chart.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Alaska Trust Company Jurisdiction Rankings.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Alaska Trust Company Dynasty_Trust_Rankings.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Alaska Trust Company Bob Keebler Quote.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Forbes Article - Alaska Has A Bigger Problem Than Low Oil Prices - Forbes.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Press - Daily Signal - Almost Half of US Residents Still Pay No Federal Income Tax.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
2016.02.22 SB 165 - Rasmuson Foundation Letter.pdf SL&C 2/23/2016 1:30:00 PM
SB 165