Legislature(2005 - 2006)BELTZ 211

04/14/2005 03:30 PM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
* SB 94 STATE EMPLOYEE HEALTH INSURANCE
Heard & Held
HB 116 LIABILITY FOR ALCOHOL LAW VIOLATIONS
Moved CSHB 116(JUD) Out of Committee
Bills Previously Heard/Scheduled
= SB 12 LIMIT RELATIONS WITH CERTAIN NATIONS
Moved CSSB 12(STA) Out of Committee
= HB 95 PUBLIC HEALTH DISASTERS/EMERGENCIES
Moved SCS CSHB 95(STA) Out of Committee
= SB 24 REEMPLOYMENT OF RETIREES
Moved CSSSSB 24(STA) Out of Committee
       CSHB  95(RLS)-PUBLIC HEALTH DISASTERS/EMERGENCIES                                                                    
                                                                                                                              
5:21:31 PM                                                                                                                    
                                                                                                                                
CHAIR THERRIAULT announced  HB 95 to be up  for consideration. He                                                               
noted the proposed committee substitute  (CS) removed most of the                                                               
intent language.                                                                                                                
                                                                                                                                
HEATHER BRAKES, Staff to Senator  Therriault and the Senate State                                                               
Affairs Committee verified  that point. In addition  she said the                                                               
drafters  expressed the  opinion that  an amendment  made on  the                                                               
House floor was located in the wrong place.                                                                                     
                                                                                                                                
Page 2,  line 26  is a  new paragraph  (4). The  drafters suggest                                                               
that  be moved  up to  line  22 following  "state employee;"  and                                                               
amended slightly to read, "state employee and except that,".                                                                    
                                                                                                                                
SENATOR KIM ELTON moved the \I version as the working document.                                                                 
                                                                                                                                
Without objection the motion carried.                                                                                           
                                                                                                                                
CHAIR THERRIAULT  restated the  amendment that  legislative legal                                                               
suggested and asked for a motion.                                                                                               
                                                                                                                                
SENATOR BETTYE DAVIS so moved.                                                                                                  
                                                                                                                                
CHAIR THERRIAULT  announced that without objection  the amendment                                                               
was adopted.                                                                                                                    
                                                                                                                                
He noted the  only other change related  to language consistency.                                                               
There  was question  about  the  difference between  "significant                                                               
risk  to  public  health"  versus  "substantial  risk  to  public                                                               
health." It appears  that "significant" is a  lower standard than                                                               
"substantial." The Department of  Law has said that "significant"                                                               
is used to  cast the net broadly  to decide who will  be put into                                                               
quarantine. To get out of quarantine  the hurdle is higher and so                                                               
that's when "substantial" is used.                                                                                              
                                                                                                                                
RICHARD  MANDSGER,  MD,  Director,  Division  of  Public  Health,                                                               
Department of Health & Social Services, agreed.                                                                                 
                                                                                                                                
DR. MANDSGER  pointed to  the inconsistency on  page 13,  line 22                                                               
dealing with an affidavit from  a judge. For consistency the word                                                               
"significant" should be used rather than the word "substantial."                                                                
                                                                                                                                
CHAIR THERRIAULT  said you  want the  lower threshold  for taking                                                               
someone in.                                                                                                                     
                                                                                                                                
DR. MANDSGER agreed.                                                                                                            
                                                                                                                                
CHAIR  THERRIAULT  said  the  policy   question  is  whether  the                                                               
committee  is  comfortable  with  a lower  threshold  for  taking                                                               
people into quarantine  and a higher threshold for  the person to                                                               
prove they should be released.                                                                                                  
                                                                                                                                
SENATOR CHARLIE  HUGGINS moved to  strike the  word "substantial"                                                               
from page 13, line 22 and insert "significant".                                                                                 
                                                                                                                                
CHAIR  THERRIAULT announced  that without  objection, the  motion                                                               
carried.                                                                                                                        
                                                                                                                                
DR. MANDSGER expressed satisfaction  with the policy call because                                                               
it makes for consistency in application.                                                                                        
                                                                                                                                
CHAIR  THERRIAULT  referenced page  15,  line  14 and  questioned                                                               
whether "substantial" is the appropriate word.                                                                                  
                                                                                                                                
DR.   MANDSGER  replied   the  same   explanation  applies.   The                                                               
substantial   test   is   the  risk   of   transmission   -   the                                                               
contagiousness of the disease.                                                                                                  
                                                                                                                                
5:30:05 PM                                                                                                                    
                                                                                                                                
There were no further questions.                                                                                                
                                                                                                                                
CHAIR THERRIAULT  noted the  zero fiscal note  and asked  for the                                                               
will of the committee.                                                                                                          
                                                                                                                                
SENATOR  BETTYE DAVIS  motioned to  report SCS  CSHB 95(STA),  \I                                                               
version  as amended,  and attached  fiscal  notes from  committee                                                               
with individual recommendations.                                                                                                
                                                                                                                                
CHAIR  THERRIAULT announced  that  without objection,  it was  so                                                               
ordered.                                                                                                                        

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