04/08/2004 08:07 AM House STA
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= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 8, 2004
8:07 a.m.
MEMBERS PRESENT
Representative Bruce Weyhrauch, Chair
Representative Jim Holm, Vice Chair
Representative John Coghill
Representative Paul Seaton
Representative Ethan Berkowitz
Representative Max Gruenberg
MEMBERS ABSENT
Representative Bob Lynn
COMMITTEE CALENDAR
HOUSE BILL NO. 523
"An Act relating to qualifications of voters, voter
registration, voter residence, precinct boundary modification,
recognized political parties, voters unaffiliated with political
parties, early voting, absentee voting, ballot counting, voting
by mail, initiative, referendum, recall, and definitions; and
providing for an effective date."
- HEARD AND HELD
HOUSE CONCURRENT RESOLUTION NO. 26
Relating to investments in Alaska by corporate America in which
the permanent fund invests.
- HEARD AND HELD
CS FOR SENATE BILL NO. 309(JUD) am
"An Act relating to testing the blood of prisoners and those in
custody for bloodborne pathogens."
- HEARD AND HELD
HOUSE BILL NO. 239
"An Act directing the Department of Public Safety to establish
an Internet-based identification and tracking system relating to
controlled substances that are prescribed for human use; and
relating to the manner in which prescriptions for controlled
substances may be filled by a pharmacist."
- BILL HEARING POSTPONED
PREVIOUS COMMITTEE ACTION
BILL: HB 523
SHORT TITLE:VOTERS/VOTING/POLITICAL PARTIES/ELECTIONS
SPONSOR(S): RLS BY REQUEST OF THE GOVERNOR
Jrn-Date Jrn-Page Action
02/26/04 2748 (H) READ THE FIRST TIME -
REFERRALS
02/26/04 2748 (H) STA, JUD, FIN
02/26/04 2748 (H) FN1: ZERO(LAW)
02/26/04 2748 (H) FN2: (GOV)
02/26/04 2748 (H) GOVERNOR'S TRANSMITTAL LETTER
04/08/04 (H) STA AT 8:00 AM CAPITOL 102
BILL: HCR 26
SHORT TITLE:PFUND: ENCOURAGE INVESTMENTS IN ALASKA
SPONSOR(S): REPRESENTATIVE(S) WOLF
Jrn-Date Jrn-Page Action
01/20/04 2340 (H) READ THE FIRST TIME -
REFERRALS
01/20/04 2340 (H) STA
04/08/04 (H) STA AT 8:00 AM CAPITOL 102
BILL: SB 309
SHORT TITLE:BLOOD PATHOGENS TESTING OF PRISONERS
SPONSOR(S): SENATOR(S) WAGONER
Jrn-Date Jrn-Page Action
02/09/04 2114 (S) READ THE FIRST TIME -
REFERRALS
02/09/04 2114 (S) STA, JUD
03/04/04 (S) STA AT 3:30 PM BELTZ 211
03/04/04 (S) Moved SB 309 Out of Committee
03/04/04 (S) MINUTE(STA)
03/05/04 2428 (S) STA RPT 3DP
03/05/04 2428 (S) DP: STEVENS G, COWDERY,
STEDMAN
03/05/04 2428 (S) FN1: ZERO(COR)
03/17/04 2536 (S) JUD RPT CS 4DP SAME TITLE
03/17/04 2537 (S) DP: SEEKINS, FRENCH, OGAN,
THERRIAULT
03/17/04 2537 (S) FN1: ZERO(COR)
03/17/04 (S) JUD AT 8:00 AM BUTROVICH 205
03/17/04 (S) Moved CSSB 309(JUD) Out of
Committee
03/17/04 (S) MINUTE(JUD)
03/19/04 2569 (S) RULES TO CALENDAR 3/19/2004
03/19/04 2569 (S) READ THE SECOND TIME
03/19/04 2569 (S) JUD CS ADOPTED UNAN CONSENT
03/19/04 2569 (S) ADVANCED TO THIRD READING
UNAN CONSENT
03/19/04 2570 (S) READ THE THIRD TIME CSSB
309(JUD)
03/19/04 2570 (S) RETURN TO SECOND FOR AM 1
UNAN CONSENT
03/19/04 2570 (S) AM NO 1 ADOPTED UNAN CONSENT
03/19/04 2570 (S) AUTOMATICALLY IN 3RD READING
03/19/04 2570 (S) PASSED Y18 N- E2
03/19/04 2570 (S) WAGONER NOTICE OF
RECONSIDERATION
03/19/04 2577 (S) COSPONSOR(S): DYSON
03/22/04 2604 (S) RECON TAKEN UP - IN THIRD
READING
03/22/04 2604 (S) RETURN TO SECOND FOR AM 2
UNAN CONSENT
03/22/04 2604 (S) AM NO 2 ADOPTED UNAN CONSENT
03/22/04 2604 (S) AUTOMATICALLY IN THIRD
READING ON RECON
03/22/04 2604 (S) PASSED ON RECONSIDERATION Y19
N- E1
03/22/04 2604 (S) COSPONSOR(S): LINCOLN
03/22/04 2607 (S) TRANSMITTED TO (H)
03/22/04 2607 (S) VERSION: CSSB 309(JUD) AM
03/24/04 3043 (H) READ THE FIRST TIME -
REFERRALS
03/24/04 3043 (H) STA, JUD
04/08/04 (H) STA AT 8:00 AM CAPITOL 102
WITNESS REGISTER
LAURA GLAISER, Director
Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Testified on behalf of the division during
the hearing on HB 523.
REPRESENTATIVE KELLY WOLF
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as sponsor of HCR 26.
SENATOR TOM WAGONER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as sponsor of HCR 26.
PORTIA PARKER, Deputy Commissioner
Office of the Commissioner - Juneau
Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 309.
ACTION NARRATIVE
TAPE 04-58, SIDE A
Number 0001
CHAIR BRUCE WEYHRAUCH called the House State Affairs Standing
Committee meeting to order at 8:07 a.m. Representatives Holm,
Seaton, Coghill, Gruenberg, and Weyhrauch were present at the
call to order. Representative Berkowitz arrived as the meeting
was in progress.
HB 523-VOTERS/VOTING/POLITICAL PARTIES/ELECTIONS
[Contains discussion of HB 414.]
Number 0070
CHAIR WEYHRAUCH announced that the first order of business was
HOUSE BILL NO. 523, "An Act relating to qualifications of
voters, voter registration, voter residence, precinct boundary
modification, recognized political parties, voters unaffiliated
with political parties, early voting, absentee voting, ballot
counting, voting by mail, initiative, referendum, recall, and
definitions; and providing for an effective date."
CHAIR WEYHRAUCH announced that he would be leaving [soon after
the start of the meeting]; therefore, he would be handing the
gavel over to Representative Holm.
Number 0075
LAURA GLAISER, Director, Division of Elections, Office of the
Lieutenant Governor, noted that there is a sectional analysis
[in the committee packet]. In response to a question from Chair
Weyhrauch, she clarified that the sectional analysis relates to
the committee substitute (CS) for HB 523, [Version 23-GH2021\H,
Kurtz, 4/7/04]. She remarked that the title of the bill is kind
of a sponsor statement in itself; therefore, she did not provide
one for the committee.
Number 0201
REPRESENTATIVE GRUENBERG suggested Ms. Glaiser address the
definition of political party.
MS. GLAISER directed the committee's attention to Section 42 of
the bill, which defines political party as follows:
*Sec. 42. AS 15.60.010(21) is amended to read:
(21) "political party" means an organized
group of voters that represents a political program
and that either nominated a candidate for statewide
office [GOVERNOR] at the preceding general election or
has registered voters in the state equal in number to
at least three percent of the total votes cast for
governor at the preceding general election at which a
governor was elected;
MS. GLAISER noted that "statewide office" is identified as:
governor, lieutenant governor, U.S. Senator, and U.S.
Representative. Current law, she reviewed, says that the 3
percent is based on the governor's race. She explained that Jim
Sykes argued that he garnered approximately 7 percent in the
[U.S.] Senate race, so "he wanted a different marker." She
indicated that [Section 42] was the division's proposal to deal
with a lawsuit that resulted because of this issue.
Number 0346
REPRESENTATIVE SEATON posed the following scenario: A party
nominates someone for governor and obtains "15 percent," thus
[qualifying as] a political party. Two years later, the person
running for that party only receives 2 percent. He surmised
that the party would then cease to exist until another election
at which it nominates someone who receives over 3 percent.
MS. GLAISER said she couldn't respond because she hasn't "looked
at it that way." She explained, "We were trying to address the
judge's concerns in that lawsuit."
REPRESENTATIVE SEATON opined that so much work was done on the
language in [HB 414] so that [the previously stated scenario]
wouldn't happen.
REPRESENTATIVE GRUENBERG suggested the committee could take the
applicable section from HB 414 and [apply it to HB 523].
MS. GLAISER responded that the division would have no problem
implementing that.
Number 0536
REPRESENTATIVE GRUENBERG moved to adopt the committee substitute
(CS) for HB 523, Version 23-GH2021\H, Kurtz, 4/7/04, as a work
draft.
Number 0549
REPRESENTATIVE BERKOWITZ objected for discussion purposes. He
inquired as to the difference between the original bill and
Version H.
MS. GLAISER reiterated that the changes are listed in the
sectional analysis.
Number 0623
REPRESENTATIVE GRUENBERG mentioned a confidentiality section.
He asked, "Is this information, even though it's not open to
public inspection, ... available to the Child Support
Enforcement Division?"
MS. GLAISER said she could check that out. She continued as
follows:
This has been a policy of the Division of Elections,
but we've had requests lately for copies of people's
records with their signature. And when someone asked
me that question, it ... gave me some concern, because
we talk about theft of identity. And handing over a
signature - that's what warranted this discussion and
the addition to the bill.
The policy of the division has always been to share
with other agencies, and there's usually a signature
that's involved from somebody from an agency with a
request; but I'd be happy to check with the Department
of Law to make sure that that's still available.
REPRESENTATIVE GRUENBERG requested that Ms. Glaiser do so. He
mentioned a bill heard recently in the House Judiciary Standing
Committee, in which there was a provision that made employment
security records available for law enforcement purposes, and
there was a separate statute relating to making information
available to [the Child Support Enforcement Division]. He
indicated that he would like Ms. Glaiser to find any existing
standardized language regarding this issue.
MS. GLAISER said, "Certainly."
REPRESENTATIVE GRUENBERG, in response to a question, said HB 414
passed out of the [House] Judiciary Standing Committee.
Number 0799
REPRESENTATIVE SEATON noted that the entire section regarding
political parties was taken out [of HB 414 during its hearing in
the Senate State Affairs Standing Committee].
Number 0825
REPRESENTATIVE BERKOWITZ removed his objection to adopting the
committee substitute (CS) for HB 523, Version 23-GH2021\H,
Kurtz, 4/7/04, as a work draft; therefore, Version H was before
the committee.
Number 0834
REPRESENTATIVE SEATON moved to adopt Conceptual Amendment 1, to
delete the current language in Section 42 and replace it with
the language defining political party as found in HB 414 when it
was in the Senate State Affairs Standing Committee.
VICE-CHAIR HOLM asked if there was any objection. No objection
was stated and Conceptual Amendment 1 was treated as adopted.
Number 0895
REPRESENTATIVE GRUENBERG turned attention to page 4, lines [13-
19], which read as follows:
(1) [,BUT IS NOT LIMITED TO, THE]
publication of notice on three different days in a
daily newspaper of general circulation, if [SUCH] a
daily newspaper of general circulation is published in
the house district where the precinct is located;
however, if a daily newspaper of general circulation
is not published in the house district where the
precinct is located, public notice must include [,BY]
posting written notice in a [THREE] conspicuous place
[PLACES] in the designated precinct;
REPRESENTATIVE GRUENBERG stated that [the above provision] would
cause a problem, because there are daily papers in Anchorage,
Juneau, and Fairbanks, for example, that are "not published."
He suggested that the criterion would be equally well served if
the language read "circulated" instead of "published".
MS. GLAISER responded that [the division] would not have a
problem with that.
Number 1001
REPRESENTATIVE COGHILL questioned whether the term "general
circulation" is broad enough.
VICE-CHAIR HOLM noted that in his house district there is a
paper, but there isn't a paper in the house district next to
his. He added, "It's circulated there, but it's not published
there."
REPRESENTATIVE GRUENBERG said that the question isn't where the
paper is published, but whether a written posting is wanted in
the house district. He stated that the subsidiary question is
whether the written posting, if wanted, should be in one, two,
or three places. Representative Gruenberg recollected that when
the boundaries of a precinct are modified, established, or
abolished, there must be a notification to the registered voters
by postcard, for example.
MS. GLAISER offered her belief that is true.
REPRESENTATIVE GRUENBERG said he is not certain that just having
a posting will do much except perhaps in a rural place where it
may be helpful. He said he would like time to think about what
to do with the aforementioned words on page 4, [lines 13-19,
text previously provided].
Number 1130
REPRESENTATIVE HOLM stated he is curious why the number of
conspicuous places was reduced from three to one.
MS. GLAISER replied that there are many areas where the notice
had to be put on one board three times. She pointed out that in
those areas where there are 16,000 voters, [there are notices
in] a newspaper, as well as individual notification. She
explained that the change had been made in an attempt to improve
the process.
Number 1188
REPRESENTATIVE BERKOWITZ asked how often precinct boundary
designations are modified.
MS. GLAISER answered that certainly during the [U.S.] Census and
reapportionment there are times of incorporation and [borough]
votes. She confirmed that they are not modified frequently,
which was another reason why "this came up for discussion in the
division." In response to a question from Representative
Gruenberg, she said she is not certain whether precincts are
always the same for local elections as well as for state
elections, but she offered to find out.
REPRESENTATIVE GRUENBERG recollected that the legislation he
introduced [in the past] not only required notification by
postcard when boundaries changed, but also when the polling
place changed. He drew attention to the language [on page 4,
beginning on line 10], which read as follows:
The director shall give full public notice when
precinct boundaries are designated an when the
boundaries of a precinct are modified or when a
precinct is established or abolished.
REPRESENTATIVE GRUENBERG asked, "Why not also when the polling
place changes?"
MS. GLAISER said that could be added to the current law.
REPRESENTATIVE GRUENBERG asked Ms. Glaiser to consider that.
Number 1293
REPRESENTATIVE SEATON pointed to [page 4], line 21, which
specifies notification to municipal clerks. He indicated that
some house districts cover villages that [do not have municipal
clerks]. He suggested it would be advantageous to expand the
term municipal clerks. He noted that Seward has two weekly
newspapers and the bill addresses newspapers of daily
circulation, which doesn't include any of the local newspapers.
Number 1421
REPRESENTATIVE BERKOWITZ directed attention to Section 3,
regarding confidential voter information. He noted, "We just
passed some legislation that made certain information for
victims of domestic violence confidential. He asked if there is
a provision for that, and stated that if there is not, there
should be one.
MS. GLAISER said she didn't know.
VICE-CHAIR HOLM told Representative Berkowitz that Ms. Glaiser
had earlier in the meeting been asked to research this issue.
MS. GLAISER said, "You'll be interested to know that the new
voter registration systems that we've been looking at ... have
the ability to hide records so they don't even print out, and a
person can choose that." In response to a question, she
confirmed that [the division] is currently upgrading.
Number 1540
VICE-CHAIR HOLM turned to Amendment 2, which read as follows
[with some hand written changes]:
Page 1, line 5, following "counting,":
Insert "voting electronically,"
Page 20, following line 26:
Insert a new bill section to read:
"* Sec. 39. The uncodified law of the State of
Alaska is amended by adding a new section to read:
VOTING BY MAIL AND ELECTRONICALLY. Not later
than January 31, 2005, the director of the division of
elections shall provide a report to the legislature on
the feasibility, costs, and benefits of authorizing a
system of voting by mail and electronically."
Renumber the following bill sections accordingly.
Number 1565
REPRESENTATIVE BERKOWITZ asked if [Amendment 2] incorporates
some of the concerns that were voiced during a previous
electronic voting discussion regarding a "Minority bill."
VICE-CHAIR HOLM answered yes.
REPRESENTATIVE BERKOWITZ, in response to a question from
Representative Gruenberg, clarified that he just wants
[Amendment 2] compared to the work that has been done on the
other bill.
Number 1597
MS. GLAISER responded that she doesn't see [Amendment 2] as
"separate from the other piece of legislation." She revealed
that she would be certifying elections through December and
asked if the date could be extended. She stated that she is
sure that the committee would want research done, and she said
she doesn't know what [Chair Weyhrauch] would like.
VICE-CHAIR HOLM suggested that the committee set aside
[Amendment 2].
Number 1660
REPRESENTATIVE BERKOWITZ announced that he would, at every
opportunity, offer an amendment that "would remove the
capability to keep track of people's party affiliation and
publish that in any place, including voter registration."
REPRESENTATIVE COGHILL rebutted that he would oppose that
amendment every time.
Number 1696
REPRESENTATIVE GRUENBERG noted that [HB 523] seems to be mainly
"housekeeping/technical stuff." He directed attention to
Section 1 of the bill, regarding AS 15.05.020. He announced
that he and his staff would be looking to find out where
problems have arisen in the past in court, regarding [that
statute], and he asked for help from the division and others in
advance of the next hearing on HB 523.
Number 1787
VICE-CHAIR HOLM announced that HB 523 was heard and held.
HCR 26-PFUND: ENCOURAGE INVESTMENTS IN ALASKA
Number 1796
REPRESENTATIVE HOLM announced that the next order of business
was HOUSE CONCURRENT RESOLUTION NO. 26, Relating to investments
in Alaska by corporate America in which the permanent fund
invests.
Number 1815
REPRESENTATIVE KELLY WOLF, Alaska State Legislature, as sponsor
of HCR 26, told the committee that approximately 7,000 nonprofit
organizations exist within Alaska. He stated that Alaska is a
young state that has businesses "starting and failing on a
regular basis." He described HCR 26 as an opportunity to use
the power the State of Alaska has in its Permanent Fund Dividend
Corporation, without risking the funds in the permanent fund
dividend (PFD). The proposed legislation, he explained, would
give the opportunity for a small business or nonprofit
[organization], with the support of the legislature, to approach
the corporations in which the permanent fund holds stock and ask
for financial support to start a business, or to ask for a
contribution.
REPRESENTATIVE WOLF directed attention to Amendment 1, which
read as follows [original punctuation provided]:
After Line 13 Add new section:
Whereas Alaska's own economic well being is tied
to businesses in Alaska; and
Whereas Alaska's health and well being of our
communities is assisted by one or more of the nearly
7000 nonprofit organizations in Alaska; and
Whereas by enactment of this resolution we
recognize we, as members of Alaska's Legislature, are
providing opportunity for Alaska's nonprofit and for
profit sectors to declare their independence through
encouraging them to recognize the powerful buying
support the $24,000,000,000 permanent fund represents;
Line 15 - after "to encourage investments in" change
Alaska to Alaska's; Then add: nonprofit and for
profit sectors
Page Two - Line 2 - After Corporation, Please delete:
"for public record." Then add: and make available at
public request.
Number 2076
REPRESENTATIVE GRUENBERG moved to adopt Amendment 1, with a
technical amendment, as follows:
Between "make" and "available"
Insert "it"
REPRESENTATIVE SEATON stated, "I'll object for discussion."
Number 2103
REPRESENTATIVE SEATON asked Representative Wolf to clarify the
meaning of "Alaska's nonprofit and for profit sectors to declare
their independence".
REPRESENTATIVE WOLF explained that the proposed resolution
encourages nonprofit groups to independently seek private funds,
without using state funds. He revealed that there are "several
hundred million dollars" of corporate monies that go unasked for
each year. He stated, "The opportunity for nonprofits here in
the state of Alaska to use the power of [the] Permanent Fund
Dividend Corporation is second to none."
REPRESENTATIVE SEATON said he is confused by the language and is
uncertain how to amend it.
VICE-CHAIR HOLM announced that HCR 26 would not be moved out of
committee today.
REPRESENTATIVE COGHILL suggested "incorporating the amendment."
Number 2220
REPRESENTATIVE SEATON removed his objection.
REPRESENTATIVE GRUENBERG opined that representatives from the
Alaska Permanent Fund Corporation would want a chance to respond
to Amendment 1.
VICE-CHAIR HOLM responded, "It's my understanding they did not
want to testify on this, because ... they're testifying through
their letter and that's all they're going to do." He said he
suspects the corporation will not change its policies based upon
[HCR 26].
Number 2288
REPRESENTATIVE WOLF indicated that Amendment 1 would include the
for profit businesses with the nonprofit ones in the chance to
"reap the benefit" [in regard to requesting funds from
corporations in which the state's permanent fund is invested].
REPRESENTATIVE COGHILL changed his earlier remark to suggest
instead that the committee leave the amendment on the table.
REPRESENTATIVE GRUENBERG asked that [Representative Wolf]
consult Legislative Legal and Research Services regarding the
language.
REPRESENTATIVE SEATON announced that he would maintain his
objection.
[HCR 26 was heard and held.]
SB 309-BLOOD PATHOGENS TESTING OF PRISONERS
Number 2348
VICE-CHAIR HOLM announced that the last order of business was CS
FOR SENATE BILL NO. 309(JUD) am, "An Act relating to testing the
blood of prisoners and those in custody for bloodborne
pathogens."
TAPE 04-58, SIDE B
Number 2359
SENATOR TOM WAGONER, Alaska State Legislature, as sponsor of HCR
26, stated that, currently, the State of Alaska allows for the
testing of prisoners with bloodborne pathogens at the request of
rape victims only. The proposed legislation would allow
correctional officers who have been exposed to blood or other
bodily fluids to request testing of the prisoner responsible for
the exposure. He indicated that [exposing correctional officers
to infected blood or other bodily fluids] is one of the few
weapons prisoners have in the penal system to retaliate against
the personnel who operate the prison.
SENATOR WAGONER noted that AS 18.15 would be amended to include
five new sections: AS 18.15.400, which would authorize the
process of testing; AS 18.15.410, which would provide a consent
provision; AS 18.15.420, which would address testing without
consent; AS 18.15.440, which would address confidentiality
issues and provide penalties for disclosure; and AS 18.15.450,
which would define "the new term in this section."
SENATOR WAGONER revealed that, last year, 41 correctional
officers were potentially exposed to bloodborne pathogens. In
most of the cases, exposure was intentional. Current treatment
to exposure to unknown pathogens consists of a daily "cocktail,"
which includes large amounts of several broad-spectrum
medications. He explained that the treatment, which can take up
to two weeks, can result in lost time for each person taking the
treatment. Additionally, the treatment costs the state between
$2,000-$3,000 for each "application" for the two-week session.
SENATOR WAGONER pointed out that both the Department of
Corrections and the Division of Risk Management have given SB
309 a zero fiscal note. Notwithstanding that, Senator Wagoner
suggested that with 40 people undergoing the treatment at
$2,000-$3,000 per person and being off work for up to two weeks,
SB 309 would save the state money. He explained that, at this
time, the amount that would be saved is an unknown quantity,
which is why the fiscal note doesn't reflect the savings.
SENATOR WAGONER indicated that the Department of Corrections had
requested some minor technical changes to the bill, and he noted
that Commissioner Marc Antrim is available to answer questions.
The phrase "correctional facility" was changed to "the
department" throughout the bill, and the section dealing with
"old blood" was removed. He explained that the preference is to
use new blood to test for bloodborne pathogens.
Number 2174
REPRESENTATIVE GRUENBERG suggested that if a prisoner who is
infected bites a guard, the guard's spouse or significant other
may need to get the information regarding the prisoner's health,
for medical purposes. He noted that there's no provision in the
confidentiality section of the bill for disclosure when
medically necessary to protect "a third ... innocent person."
Number 2114
SENATOR WAGONER surmised that if a guard was bitten, for
example, he/she would not have any intimate contact with his/her
spouse until a test result was complete.
REPRESENTATIVE GRUENBERG proffered that the guard may not be
totally responsible as a human being, or there may have been
some sort of "incidental saliva contact" with the prisoner. He
suggested one example may be that the prisoner's saliva lands on
an open cut that the guard has, and the guard may not be
instantly aware of that occurrence. He said he thinks some
thought should be given to allowing the information to be given,
if necessary, to protect a third person.
SENATOR WAGONER suggested that may be something that the
department could pursue in the next few days. Notwithstanding
that, he stated, "I don't think we can child-proof the world."
He added that if the person who is infected doesn't know it, he
doesn't know how the third party would become aware of any
infection.
REPRESENTATIVE GRUENBERG responded that the correctional
official may independently have an [acquired immunodeficiency
syndrome (AIDS)] test done and find out about it that way. He
pointed out that if that person is not married, he/she may have
had contact with several people.
SENATOR WAGONER suggested that the Department of Corrections
could address that issue and formulate an amendment.
Number 2002
VICE-CHAIR HOLM mentioned "prisoners that sit next door to
another prisoner." He asked if they have a right to know that
"this person over here has AIDS."
SENATOR WAGONER replied that he thinks that would really be
expanding the scope of the bill. He stated his intent was to
protect the guard and the people who work in the institutions
because they are the ones who are directly involved in "this
type of contamination."
[Vice-Chair Holm returned the gavel to Chair Weyhrauch.]
Number 1895
CHAIR WEYHRAUCH noted that the correctional officer has to get a
physician to say whether significant exposure occurred, or not.
He asked, "Why shouldn't it be a determination of the
correctional officer who was exposed, rather than some
physician?"
SENATOR WAGONER answered that he thinks it's the physician's job
to make a diagnosis and determine if there was enough exposure
to require treatment or blood testing. In response to questions
from Chair Weyhrauch, he explained that Section 1 in the bill
not only addresses getting a blood sample from the infected
prisoner, but also getting blood from the correctional officer.
It also would give legal authority to the correctional
institution to test the prisoner who exposed the correctional
officer to the bloodborne pathogen.
Number 1758
PORTIA PARKER, Deputy Commissioner, Office of the Commissioner -
Juneau, Department of Corrections (DOC), told the committee
that, currently, a lot of the procedures in place are in
compliance with the Occupational Safety and Health
Administration (OSHA). The proposed legislation, she said,
"codifies and adds a few more protections and ... guidelines in
the statutes ...." She stated that DOC supports SB 309. Ms.
Parker said the department usually doesn't have any problem
getting a blood sample. She outlined the steps the department
would take, as proposed in SB 309, and highlighted that the bill
would facilitate obtaining a blood sample through a court order
when a prisoner does not give consent.
CHAIR WEYHRAUCH asked if getting a court order would mean that
the confidentiality provisions would no longer apply.
MS. PARKER said she doesn't think that's true. She explained
that the name of the prisoner is not exposed.
Number 1652
REPRESENTATIVE GRUENBERG noted that there is some language in
the bill that could prohibit the correctional officer from
telling his/her spouse. He said he wants to be certain that
anyone who may have been secondarily exposed also be informed
and have access to the information. He also expressed the need
to know how this would relate to juvenile correctional centers,
which are under the direction of the Department of Health &
Social Services (HESS). Representative Gruenberg pointed out
that the bill specifies a physician, rather than a nurse
practitioner, for example. He questioned whether nurse
practitioners should also be included.
Number 1658
REPRESENTATIVE SEATON returned to the question regarding why a
third party - the physician - has to determine whether the
exposure is significant enough. He asked if there has ever been
a case in which a physician has said the exposure was not
significant enough, thus making it impossible for the
correctional officer to obtain results.
Number 1524
The committee took a brief at-ease.
[During the at-ease, the visiting high school students filed
into the room. When the committee came back to order, the
legislators introduced themselves.]
SENATOR WAGONER recapped the bill for the students.
CHAIR WEYHRAUCH explained that the House State Affairs Standing
Committee has jurisdiction over the Department of Corrections,
which is why the committee is hearing SB 309.
SENATOR WAGONER noted that there is a zero fiscal note. He said
the next committee of referral would be the House Judiciary
Standing Committee.
CHAIR WEYHRAUCH, for the benefit of the students, reviewed the
remaining course that the bill would take.
REPRESENTATIVE HOLM defined what a fiscal note is.
REPRESENTATIVE GRUENBERG explained the importance and reason
behind which committee hears a bill. He suggested that SB 309
should go to the House Health, Education and Social Services
Standing Committee, because it focuses on public health issues.
SENATOR WAGONER said he thinks the legal ramifications are more
important.
[SB 309 was heard and held.]
ADJOURNMENT
Number 1238
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:23
a.m.
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