02/09/2005 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB84 | |
| SB51 | |
| SB75 | |
| SB73 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 75 | TELECONFERENCED | |
| *+ | SB 73 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 84 | TELECONFERENCED | |
| += | SB 51 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE
February 9, 2005
1:32 p.m.
MEMBERS PRESENT
Senator Fred Dyson, Chair
Senator Gary Wilken, Vice Chair
Senator Kim Elton
Senator Donny Olson
Senator Lyda Green
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 84
"An Act relating to the confidentiality of investigations, court
hearings, and public agency records and information in child-in-
need-of-aid matters and certain child protection matters;
relating to immunity regarding disclosure of information in
child-in- need-of-aid matters and certain child protection
matters; amending Rules 3 and 22, Alaska Child in Need of Aid
Rules of Procedure; and providing for an effective date."
MOVED CSSB 84(HES) OUT OF COMMITTEE
SENATE BILL NO. 51
"An Act relating to contracts for the provision of state public
assistance to certain recipients in the state; providing for
regional public assistance plans and programs in the state;
relating to grants for Alaska Native family assistance programs;
relating to assignment of child support by Alaska Native family
assistance recipients; relating to paternity determinations and
genetic testing involving recipients of assistance under Alaska
Native family assistance programs; and providing for an
effective date."
MOVED SB 51 OUT OF COMMITTEE
SENATE BILL NO. 75
"An Act relating to public health and public health emergencies
and disasters; relating to duties of the public defender and
office of public advocacy regarding public health matters;
relating to certain claims for public health matters; making
conforming amendments; and providing for an effective date."
MOVED CSSB 75(HES) OUT OF COMMITTEE
SENATE BILL NO. 73
"An Act relating to a lease-purchase agreement for the
construction, equipping, and financing of a state virology
laboratory in Fairbanks, on land provided by the University of
Alaska, Fairbanks, to be operated by the Department of Health
and Social Services; relating to the issuance of certificates of
participation for the laboratory; relating to the use of certain
investment income for certain construction and equipment costs
for the laboratory; and providing for an effective date."
MOVED CSSB 73(HES) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 84
SHORT TITLE: CHILD PROTECTION CONFIDENTIALITY
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/26/05 (S) READ THE FIRST TIME - REFERRALS
01/26/05 (S) HES, JUD, FIN
02/07/05 (S) HES AT 1:30 PM BUTROVICH 205
02/07/05 (S) Heard & Held
02/07/05 (S) MINUTE(HES)
02/09/05 (S) HES AT 1:30 PM BUTROVICH 205
BILL: SB 51
SHORT TITLE: PUBLIC ASSISTANCE PROGRAMS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/12/05 (S) READ THE FIRST TIME - REFERRALS
01/12/05 (S) CRA, HES, FIN
01/26/05 (S) CRA AT 1:30 PM FAHRENKAMP 203
01/26/05 (S) Moved SB 51 Out of Committee
01/26/05 (S) MINUTE(CRA)
01/27/05 (S) CRA RPT 4DP
01/27/05 (S) DP: STEVENS G, WAGONER, KOOKESH, ELLIS
02/07/05 (S) HES AT 1:30 PM BUTROVICH 205
02/07/05 (S) Heard & Held
02/07/05 (S) MINUTE(HES)
02/09/05 (S) HES AT 1:30 PM BUTROVICH 205
BILL: SB 75
SHORT TITLE: PUBLIC HEALTH DISASTERS/EMERGENCIES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/21/05 (S) READ THE FIRST TIME - REFERRALS
01/21/05 (S) HES, STA, JUD
02/09/05 (S) HES AT 1:30 PM BUTROVICH 205
BILL: SB 73
SHORT TITLE: STATE VIROLOGY LABORATORY
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/21/05 (S) READ THE FIRST TIME - REFERRALS
01/21/05 (S) HES, FIN
02/09/05 (S) HES AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
Jan Rutherdale, Assistant Attorney General
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Supported SB 84.
Betty Rollins
Fairbanks, AK
POSITION STATEMENT: Opposed SB 84.
Scott Calder
Fairbanks, AK
POSITION STATEMENT: Opposed SB 84.
Ellie Fitzjarrald, Chief,
Policy and Program Development
Division of Public Assistance
Department of Health &
Social Services
Juneau, AK 99801-0601
POSITION STATEMENT: Supported SB 51.
Tony Lombardo, Deputy Commissioner
Department of Health & Social Services
Juneau, AK 99801-0601
POSITION STATEMENT: Commented on SB 51.
Don Shircel, Director,
Family Services
Tanana Chiefs Conference
POSITION STATEMENT: Supported SB 51.
Dean George, Program Coordinator
Temporary Assistance for Needy Families (TANF)
Tlingit Haida Central Council
Juneau, AK 99801
POSITION STATEMENT: Supported SB 51.
Amanda Blackgoat
Finance Systems Specialist
Tlingit Haida Central Council
Juneau, AK 99801
POSITION STATEMENT: Supported SB 51.
Dr. Richard Mandsager, Director,
Division of Public Health,
Department of Health & Social Services (DHSS)
Juneau, AK 99801
POSITION STATEMENT: Supported SB 75 and SB 73.
Dan Branch, Senior Assistant Attorney General
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Supported SB 75 and SB 73.
Rod Beatty, President
Alaska State Hospital and Nursing Home Association (ASHNHA)
Juneau, AK 99801
POSITION STATEMENT: Supported SB 75 and SB 73.
Nathan Johnson, Division Manager
Anchorage Municipal Department of Health and Social Services
Anchorage, AK
POSITION STATEMENT: Supported SB 75.
Tom Boutin, Deputy Commissioner
Department of Revenue
PO Box 110400
Juneau, AK 99811-0400
POSITION STATEMENT: Neutral position on SB 73.
John Blake, Director
Office of Research Integrity
University of Alaska Fairbanks North Star Borough
PO Box 71267
Fairbanks, Alaska 99707
POSITION STATEMENT: Supported SB 73.
ACTION NARRATIVE
CHAIR FRED DYSON called the Senate Health, Education and Social
Services Standing Committee meeting to order at 1:32:27 PM.
Present were Senators Kim Elton, Donny Olson, Gary Wilken, and
Chair Fred Dyson.
SB 84-CHILD PROTECTION CONFIDENTIALITY
1:33:25 PM
CHAIR FRED DYSON announced SB 84 to be up for consideration.
JAN RUTHERDALE, Assistant Attorney General, Department of Law,
said she had prepared some amendments for SB 84. The first
amendment is as follows:
AMENDMENT 1
Page 6, line 26 after "department" add: ",the governor, or the
legislature"
Page 8, line 9: delete "may" and add "shall"
Page 8, line 15-16: delete "in accordance with" and add "under"
MS. RUTHERDALE explained that the first change addressed Senator
Elton's concern with the Governor or the Legislature convening
an investigative body to review a specific case.
SENATOR LYDA GREEN joined the committee at 1:35.
1:36:36 PM
CHAIR DYSON noted that there were no objections to the first
change.
MS. RUTHERDALE explained that the change on page 8, line 9, was
in response to Senator Elton's concern about changing the
original language of "shall" to "may". She didn't think it
mattered either way and put the original language back. However,
she explained:
This is a little wider. This covers all the
regulations including that specific concern about the
sufficient legitimate interest paragraph that had been
moved from another section. So, it may not be
necessary in some cases.... Apparently there is case
law that requires whenever there's a term or standard
is used for the public, we're required to have
regulations. The case law puts that "shall" in there,
so it doesn't matter either way....
CHAIR DYSON asked what is a reasonable expectation for a time
frame in which regulations get promulgated after a law is passed
and if it had been challenged in court.
MS. RUTHERDALE replied that she didn't know the answer. However,
she said:
I want to amend a statement I made last time, which
was that I didn't believe there was any regulations
that had been promulgated and there are regulations
that apply to confidentiality, but those are very
old.... I didn't want to leave the impression there
are no regulations....
1:38:17 PM
MS. RUTHERDALE said the third change on page 8 was the result of
a technical edit that had replaced "under" with "in accordance
with" and a person in her department with expertise in tort
liability said it would be important to use the word "under".
SENATOR WILKEN moved to adopt Amendment 1. There were no
objections and Amendment 1 was adopted.
CHAIR DYSON announced that Amendment 2 was up for consideration
and dealt with the issue of why parents aren't on the list of
folks who can get confidential information.
AMENDMENT 2
Page 5, line 13: delete "and"
Page 5, line 14: after "section," add "and as provided to all
parties in a child in need of aid proceeding in accordance with
court rules,"
Page 5, line 22: delete "(1) a guardian ad litem appointed by
the court;" and renumber accordingly
1:40:05 PM
MS. RUTHERDALE explained why section 3 belongs where it is and
not in subsection (b). Concern was raised at the last hearing
that parents aren't on the subsection (b) list of people that
the agency can disclose confidential information to and she
explained that parents are parties to a case and they get all
this information and more. It's not discretionary. They have
access to the file on the child. She read the definition of
"parties" in Child In Need of Aid Rule 2(l):
Party means the child, the parents, the guardian - you
won't always have a guardian, but sometimes you have
both parents and guardians caring for the child - the
guardian ad litem and the department.
Those people would be the parties to the case in all
cases. Then:
An Indian custodian who has intervened - an Indian
custodian is a term out of the Indian Child Welfare
Act... but it would be like a grandparent who has
assumed a parental role in raising the kids. They are
not legally a guardian, but they are the custodian....
It's not an automatic intervention. They actually have
to move to intervene before they get party status.
And then the Indian child's tribe - if there is an
Indian child's tribe - who has intervened - it's not
automatic; they have to actually move to intervene.
Then any other person who has been allowed to
intervene in the court....
So parents, no question, they are a party to the case
and as parties to the case, like in all civil cases,
they are entitled to discovery and there is court
rules and specifically in the Child In Need of Aid
(CINA) case, but it generally refers back to the civil
process with a few exceptions.
1:44:46 PM
She explained a discovery order in terms of access and said the
point is, it's not appropriate to place access into statute.
"This is sort of the province of the court to have these orders
determining what the discovery is...." The district attorney's
office said the criminal discovery process is the same. She
thought this amendment was a good solution. The other amendment
- removing subsection (b)(1) a guardian ad litem appointed by
the court - doesn't necessarily have to be done, but a guardian
is a party and it seems odd that they are the only party that is
actually listed. So, the amendment cleans that up.
1:47:56 PM
CHAIR DYSON asked if subsection (a) talks about parties of a
case that are always considered a party to a case unless they
are excluded or non-existent and subsection (b) talks about non-
parties that may be included.
MS. RUTHERDALE replied that was correct.
SENATOR WILKIN moved to adopt Amendment 2. There were no
objections and Amendment 2 was adopted.
1:49:49 PM
BETTY ROLLINS, Fairbanks resident, took exception to Ms.
Rutherdale's statement because they are not talking just about
court action where people are parties to a case, but about day-
to-day operations. She asked why the state is fighting so hard
to keep parents out of the loop. Public defenders have up to 100
cases during a year and this doesn't give them time to respond
to each parent. She insisted:
The parent must be privileged to any information that
the foster parent, the guardian ad litem, anyone in
this case...without their attorney - because many
times I've seen cases where the parent will
continually call their attorney and they don't see him
until the date of the hearing.
She said the federal law doesn't really state that people are
allowed to get public information and she thought that should be
clarified.
1:51:44 PM
SCOTT CALDER, Fairbanks resident, stated that the Permanency
Planning Act of 1990 in Chapter 1.17, SLA1990 concerned the
citizen review panel that was never properly implemented. His
experience is that things are not as they are represented by the
state. He agreed with the changing "may" to "shall" amendment.
His experience was that parents were abused or shuffled around a
little too harshly in these proceedings. He also wanted to see
greater respect for tribal representatives.
1:55:49 PM
CHAIR DYSON reiterated that the primary issue here is to protect
children.
MR. CALDER responded that you can't promote safety of children
by keeping information from their parents.
1:57:43 PM
SENATOR KIM ELTON moved to report CSSB 84(HES) from committee
with individual recommendations and attached fiscal note. There
were no objections and it was so ordered.
1:58:13 PM
SB 51-PUBLIC ASSISTANCE PROGRAMS
CHAIR FRED DYSON announced SB 51 to be up for consideration.
ELLIE FITZJARRALD, Chief, Policy and Program Development,
Division of Public Assistance, Department of Health and Social
Services (DHSS), said that when Cook Inlet Tribal, Bristol Bay
Native Association and the Milick Association come on board with
their Native Family Assistance Programs, approximately 35
percent of the temporary assistance families in Alaska would be
served by Native organizations.
1:59:30 PM
CHAIR DYSON said he was concerned about expanding the costs of
Medicaid and asked if the department believes SB 51 does not
increase those costs.
MS. FITZJARRALD replied that the Temporary Assistance Program is
a federal block grant program with a maintenance-of-effort
provision that the state contributes funding to receive it. As
that program wends its way through Congress, proposals to date
show there is level funding and it should remain that way.
Alaska has had a caseload reduction and has been able to invest
the federal dollars into programs and services for families and
it is not costing the state any more. The fiscal note shows
about a $2 million general fund savings as a result in the
adjustment of the department's maintenance of effort.
2:01:15 PM
CHAIR DYSON asked what happens if the federal funding ceases and
the state has accepted an implied obligation to keep the funding
at that level with state funds.
MS. FITZJARRALD replied that current statute and grants are
structured "subject to appropriation." The grants are negotiated
year-to-year.
SENATOR WILKEN said he wanted it made clear that if a dollar of
federal money goes away, the corresponding dollar goes away in
the general fund and that it is not expected to pick up the
shortfall in federal revenue.
2:02:49 PM
MS. FITZJARRALD said the department has sustained funding
through caseload reduction and there is no requirement in
federal law that states provide supplemental funding. If Native
organizations get caught in a situation where they couldn't
afford to run their program, they have the option to rescind
from the program and it then becomes the state's responsibility
to provide assistance and services. That could increase their
general fund maintenance of effort need.
2:04:24 PM
CHAIR DYSON said some audits of programs in the Division of
Health and Human Services indicate irregularities in the past in
funding subcontractors. He asked what the division does to audit
their performance and how does it attract money.
2:05:41 PM
MS. FITZJARRALD replied that the statute requires yearly audits
by a CPA. The department audits its programs each year as well.
2:07:37 PM
CHAIR DYSON asked if SB 51 gets signed into law, when would the
programs start up.
MS. FITZJARRALD replied that some are already running - Tlingit
and Haida, ABCP Bethel, Tanana Chiefs. Cook Inlet Tribal Council
will start on July 1, 2005 and Bristol Bay Native Association
and Cape Hope will start in 2006.
CHAIR DYSON said that documentation says existing programs are
doing well and he asked if these programs had been audited this
year.
MS. FITZJARRALD replied yes.
CHAIR DYSON asked for copies of the audits
2:09:39 PM
SENATOR WILKEN said he didn't understand why the SB 51 fiscal
note has only one component - CITC.
MS. FITZJARRALD replied that is because the financing of the
other three organizations have been in their operating budget
since 2000 and aren't part of the new program.
SENATOR LYDA GREEN asked if Cook Inlet Tribal Council is the
only new program.
MS. FITZJARRALD replied yes, although Bristol Native Bay
Association and the Milick Association have also submitted
letters of intent to begin running in 2006.
SENATOR GREEN said that Native groups have different benchmarks
and asked if they could pay out less than the state payment
would be to the same person.
MS. FITZJARRALD replied yes.
2:11:40 PM
SENATOR GREEN asked if the department could use leftover money
for new and different programs.
MS. FITZJARRALD answered yes, but not with state supplemental
funding. They can use their federal block grant to invest and
provide supports for low-income families. It's all tied to the
Temporary Assistance for Needy Families (TANF).
SENATOR GREEN asked if their records reflect exactly what was
paid out.
MS. FITZJARRALD replied that is correct. Both monthly and
quarterly reports of paid benefits are prepared.
2:13:27 PM
SENATOR GREEN asked if there is any way to debit one account to
give flexibility to another one.
MS. FITZJARRALD replied that Native organizations have the same
flexibility as the state in that they have federal money and the
state maintenance of effort supplemental funds. The state
contribution provides the supplemental funds needed to pay for
various forms of assistance.
2:15:07 PM
CHAIR DYSON said the committee has expressed that it does not
want people who are unwilling to relocate to secure work or who
are unwilling to work to receive welfare. A federal regulation
says if a community has more than 50 percent unemployment,
benefits can be extended. He asked where that money comes from.
MS. FITZJARRALD explained that federal law, as well as state
law, exempts families who are living in Alaska Native villages
or on a reservation from the 60-day time limit, if the number of
adults not working in their community is 50 percent or more.
2:16:38 PM
CHAIR DYSON asked if the state statute could be changed so that
the state component of the funding does not have to extend past
the 60 days for those unwilling to relocate for work.
MS. FITZJARRALD replied that she would have to consult with
legal folks on that issue.
2:18:19 PM
TONY LOMBARDO, Deputy Commissioner, Department of Health and
Social Services, said he would discuss that with the
commissioner and get back to committee.
SENATOR DONNY OLSON asked what happened to the application of
the original four people in Metlakatla.
MS. FITZJARRALD replied that at the time the pilot legislation
passed, Metlakatla had expressed an interest in participating,
but later decided against it.
SENATOR OLSON asked if the other nine might make the same
decision and that should be figured into the financial concern
expressed by Senator Wilken.
MS. FITZJARRALD replied that she had not heard of any interest
from the others besides from Bristol Bay Native Association and
Milick.
2:20:00 PM
DON SHIRCEL, Director, Family Services, Tanana Chiefs Conference
(TCC), strongly supported SB 51. He said TCC statistics indicate
that more Native families are working for the assistance they
receive. However, he mentioned that a shortcoming of the bill is
that it includes no references to child support programs.
2:25:58 PM
CHAIR DYSON asked him to send written testimony on that issue.
2:26:46 PM
DEAN GEORGE, TANF Program Coordinator, Tlingit Haida Central
Council, supported SB 51 and offered to answer questions
regarding his report. He noted that he serves the geographic
region from Yakutat down to Saxman, excluding Metlakatla.
SENATOR GREEN asked if his current program was derived from the
pilot program.
MR. GEORGE replied yes.
2:28:36 PM
AMANDA BLACKGOAT, Finance System Specialist, TANF, Tlingit Haida
Central Council, said she now holds clients more responsible for
double dipping and fraud.
CHAIR DYSON asked if she had ever prosecuted anybody.
MS. BLACKGOAT replied no, because that it is too time consuming,
but she recoups the money in other ways.
2:30:42 PM
SENATOR GREEN asked if the number of participants attempting to
double dip now zero.
MR. GEORGE responded that his experience is that they have
stopped double dipping altogether.
2:32:06 PM
CHAIR DYSON commented that he would like to hear about people
who are unwilling to relocate to where jobs are at a future
date.
SENATOR ELTON moved to pass CSSB 51(HES) out of committee with
individual recommendations and attached fiscal note. There were
no objections and it was so ordered.
2:32:56 PM
SB 75-PUBLIC HEALTH DISASTERS/EMERGENCIES
CHAIR FRED DYSON announced SB 75 to be up for consideration.
DR. RICHARD MANDSAGER, Director, Division of Public Health,
Department of Health & Social Services (DHSS), proceeded with a
20-minute slide presentation focusing on the public health
system. He relayed a quote from "The Institute of Medicine,"
which says, "Public health is what we as a society do
collectively to assure that the conditions in which people live
can be healthy."
He said there are many partners in public health and SB 75
focuses on the governmental part of the public health system -
sewage removal and treatment, safe water, clean air, removal of
lead from gasoline.
DR. MANDSAGER emphasized that public health is not health care,
but rather it focuses on populations and prevention, not
treatment. It focuses on testing kids for TB in schools and
injury prevention projects like on how to prevent logging
accidents. He gave another example from last year, when the
department addressed cruise ship sickness, which turned out to
be caused by oysters from Kachemak Bay. Public health work is
involved in places you don't expect it and problems can't be
predicted from year to year.
He said that SB 75 supports the work the Division of Public
Health does and addresses its underpinning statutory weaknesses.
He said the department is very dependent on federal funds for
preparedness work, which started being redirected last summer
and he thought it would probably continue going that way.
2:43:25 PM
DR. MANDSAGER said that tuberculosis still exists in Alaska and
work will always have to be done to minimize outbreaks. The
public health world is now worried about SARS mutating into
human-to-human transmission as three cases have been documented.
It attacks young adults and healthy people. For the last two
years the mortality rate has been 70 percent. Traditional
disease control generally involves isolation and the state would
have to quarantine people if that were to happen in the next few
years.
Bringing current law that is based on 1949 statues containing
the basic public health framework up to date in SB 75 would
allow the division to address current issues like what different
cultures expect in terms of health care and present-day chronic
disease outbreaks. Further he said that current law contains
nothing about due process. He said:
In my view this bill is all about trying to find the
right balance between the mission of protecting public
health and an individual's right to due process in the
case they think government has overreached....
2:46:41 PM
DR. MANDSAGER explained that the definition of "essential public
health services" is based on the nationally accepted definitions
from the U.S. Public Health Functions Task Force and is further
based on two reports published in the last 15 years by the
Institute of Medicine.
He related an example of blood surveys for lead dust the
department did 10 years ago in the communities around the Red
Dog Mine. When the department went back this fall and tested
people again, it found no evidence of lead absorption. He also
noted on-going concerns about asbestos in the gravel at Ambler.
2:49:39 PM
DR. MANDSAGER continued reviewing his slide presentation. The
meat of the bill is in section 8, the quarantine, isolation and
medical treatment section. Only one state in country doesn't
have adequate statutory authority to quarantine in response to a
bio-terrorism attack scenario and that is Alaska. Because the
department has authority for two diseases only, if small pox
showed up, he would have to persuade a judge that their general
governmental authorities are broad enough for them to
immediately isolate that patient.
2:52:39 PM
SENATOR ELTON asked why section 3 deletes annual TB screening in
public schools because he just mentioned that TB is still an
issue in Alaska.
DR. MANDSAGER replied that the cost benefit analysis of
screening rules doesn't justify annual testing of every
schoolteacher and child in the State of Alaska. He said the
department has been working on this issue on a regulatory basis
and this section updates the statute to reflect that.
2:54:28 PM
SENATOR ELTON asked if it reduces the cost to districts.
DR. MANDSAGER replied yes.
CHAIR DYSON asked if he could still do what was necessary by
regulation.
DR. MANDSAGER replied yes.
SENATOR OLSON asked him to describe the interaction between the
Center for Disease Control (CDC) and the Public Health
Department in the case of a disease outbreak.
DR. MANDSAGER replied that the arrangement is complicated, but
works well because Alaska has a small population. The CDC has
authority on cruise ships until they dock. His division takes
over on land. He said the federal government is going to
establish a special quarantine office in Washington, D.C. to
deal with quarantine authority for disease outbreaks. Because
the communications between involved people are good in Alaska,
dealing with the cruise ship industry has worked well so far.
2:56:36 PM
SENATOR OLSON asked if it is possible to quarantine a cruise
ship without it docking.
DR. MANDSAGER replied yes and in that case the CDC has
authority.
SENATOR OLSON asked if the CDC has any problems working within
the Alaskan constitution.
DR. MANDSAGER replied that he didn't see any.
SENATOR OLSON asked if it would be more advantageous for a new
lab to be built in a more central location than Fairbanks since
most aircraft heads toward Anchorage.
DR. MANDSAGER replied that that question gets to the core of the
next bill up for consideration [SB 73] and the debate about
sample processing is important. Some testing for human viruses
can get to Fairbanks fast enough to diagnose quickly. That could
be a problem if there weren't many flights between Anchorage and
Fairbanks daily.
SENATOR OLSON said that time is of the essence in a rabies case
in Dutch Harbor.
DR. MANDSAGER replied that the biggest risk from Dutch Harbor is
getting to Anchorage, not to Fairbanks. The biggest issue is
getting the sample from anywhere in rural Alaska to a hub in the
first place. He said the Governor's office had prepared an
amendment that the Department of Law and the Office of Public
Advocacy had agreeable on.
SENATOR WILKEN moved to adopt Amendment 1 that was prepared by
Dr. Mandsager as follows:
AMENDMENT 1
TO: SB 75
Page 13, line 28: Delete all material following "g"
through page 13, line 31
Page 14, line 1: Delete "the office of public advocacy
to provide a guardian ad litem for the individual."
Page 17, following line 14: Insert: "Sec. 18.15.389.
Representation; guardian ad litem. An individual who
is the respondent in proceedings under AS
18.,15.375(e) or 18.15.385 has the right to be
represented by counsel in the proceedings. If the
individual cannot afford an attorney, the court shall
direct the public defender agency to provide an
attorney. The court may, on its own motion or upon
request of the individual's attorney or a party,
direct the office of public advocacy to provide a
guardian ad litem for the individual."
There were no objections and Amendment 1 was adopted.
3:02:32 PM
SENATOR ELTON moved to adopt Amendment 2.
AMENDMENT 2
TO: SB 75
Page 6, line 17: After (4) the transportation of dead
bodies, insert "except that the commissioner may not
require that a dead body be embalmed unless the body
is known to carry a communicable disease or embalmment
is otherwise required for the protection of the public
health or for compliance with federal law;"
SENATOR GREEN objected for discussion purposes.
SENATOR ELTON explained that Amendment 2 was prepared due to
another bill he co-sponsored with the chairman that provides
that transportation of dead bodies doesn't require a waiver
process. Families of members of some faiths don't believe in
embalming and want bodies buried in the Holy Land or next to
relatives in other states that require embalming before they can
be shipped out. Currently waivers have been issued in these
circumstances, but that is not in statute. The amendment
provides that the bodies can be transferred unembalmed unless
there is a public health risk. Adopting this amendment means
they would not have to take up the separate bill.
3:04:44 PM
DR. MANDSAGER said he had no objection to Senator Elton's
amendment.
CHAIR DYSON said he understood that bodies are sealed and there
are no public health issues by not embalming them.
DR. MANDSAGER added that dry ice is available today in a way
that it wasn't when the statute was written several decades ago.
SENATOR GREEN remarked that a member of the other body ran into
problems in transporting a body across state lines and asked how
transportation could be assured.
DR. MANDSAGER replied that federal law covers jurisdiction
across state lines and this clause would be okay. He had not
done a thorough study of how this would interact with all other
states' statutes, however.
SENATOR GREEN noted that there was no fiscal note.
3:06:55 PM
SENATOR ELTON added that SB 39 on this same issue had no fiscal
note either.
SENATOR OLSON asked if any disease had ever been spread by an
unembalmed body.
DR. MANDSAGER replied that he was not aware of any.
CHAIR DYSON noted there were no further objections and Amendment
2 was adopted.
3:08:29 PM
NATHAN JOHNSON, Division Manager, Anchorage Municipal Department
of Health and Social Services, supported SB 75. He said the
state statutes are antiquated and it is imperative to update
them for bioterrorism, avian flu and the entire scope of
present-day public health concerns.
3:10:34 PM
ROD BEATTY, President, Alaska State Hospital Nursing Home
Association (ASHNHA) supported SB 75 and the fact that it takes
care of public health before anything serious happens. He
especially praised spelling out privacy issues surrounding a
public health emergency.
3:12:00 PM
CHAIR DYSON asked Dr. Mandsager to explain the religious
treatment of tuberculosis that is repealed in section 12.
DR. MANDSAGER deferred to Dan Branch, Senior Assistant Attorney
General Department of Law, who explained that SB 75 upgrades the
chapter that currently deals with tuberculosis and it was not
the intent to implicate religious beliefs with quarantine
isolation testing.
SENATOR GREEN moved to pass CSSB 75(HES) from committee with
individual recommendations and fiscal note. There were no
objections and it was so ordered.
3:14:13 PM
SB 73-SCHOOL BOND REIMBURSEMENT/VIROLOGY LAB
CHAIR FRED DYSON announced SB 73 to be up for consideration.
DR. RICHARD MANDSAGER, Director, Division of Public Health,
Department of Health and Social Services (DHSS) explained that
SB 73 deals with constructing the virology laboratory in
Fairbanks. He proceeded with a slide presentation. He gave an
example of expeditious virus diagnoses concerning last years
Iditarod and the measles outbreak in Juneau.
3:19:46 PM
The staff capabilities Fairbanks lab is superb despite its
physical plant problems. He said, "It is viewed as one of the
best in the country" and that moving the laboratory to Anchorage
would take two years of recruitment to rebuild it to its current
capability.
DR. MANDSAGER related that the University is also building a
human biology and genetics mission and having a Biopac Student
Laboratory (BSL) lab on campus offers a great deal of
opportunity for researches to do things they couldn't do
otherwise. "So, last summer as I was meeting with UAF staff, to
say that the biologists are excited about the possibility of it
being up in Fairbanks is to put it mildly!" A new facility would
also give the state more surge capacity for handling a large
number of samples. It would be connected to the new building
under construction on campus and the price is $24.2 million
financed through certificates of participation (COP).
3:21:44 PM
SENATOR WILKEN asked who would own the building.
DR. MANDSAGER replied that the building would be owned by the
department, but it would be located on University land. The
University and department will have a no-cost 30-year land lease
with two 10-year options. The COPs are for 15 years at $2.3
million per year.
3:24:21 PM
SENATOR WILKEN moved to adopt Amendment 1.
AMENDMENT 1
TO: SB 73
Page 1, lines 2-3: Delete "on land provided by the
University of Alaska, Fairbanks,"
Page 1, line 11: Delete "provided" and insert "leased
from"
Page 1, line 12: Delete "by"
CHAIR DYSON objected for discussion purposes.
DR. MANDSAGER explained that after SB 73 was introduced, the
University pointed out that it owned the land the department
would be leasing and this satisfies university interests.
CHAIR DYSON removed his objection. There were no further
objections and Amendment 1 was adopted.
3:25:38 PM
TOM BOUTIN, Deputy Commissioner, Department of Revenue, said the
debt does not create a concern and offered to talk about credit
issues and the fiscal note.
SENATOR WILKEN asked if the state paid cash, would it save
$11,572,000 in reference to page 2, lines 18 through 20.
MR. BOUTIN replied that is an estimate of debt service over 15
years using a comparable interest rate. He explained that on
January 25, the State Bond Committee and the Department of
Revenue did a competitive sale of debt, which was rated the same
as this is, but at a 10-year maturity. Out of 10 bidders, the
winning bid was 3.102 percent. So, that is why he used that
figure.
SENATOR OLSON asked what entities are involved with the COPs.
MR. BOUTIN replied that the department uses the State Bond
Committee. The commissioner of the Department of Commerce,
Community & Economic Development is the chair, the commissioner
of the Department of Revenue (DOR) is the secretary and the
commission of the Department of Administration is the third
member. The staff work is performed by DOR contractors.
3:28:32 PM
JOHN BLAKE, Director, Office of Research Integrity, University
of Alaska Fairbanks strongly supported SB 73 and keeping the
virology lab in Fairbanks. The north end of the campus building
was designed with the intent that the state virology lab would
be attached to it.
SENATOR OLSON asked him to advise the committee about future
recruitment efforts for professional staff to UAF.
MR. BLAKE replied that his primary focus is to move into
infectious disease research and the University has good funding
from the National Institute of Health. He expects work to
increase and integration to occur even more with the arrival of
the state lab.
3:31:30 PM
SENATOR WILKEN moved to pass CSSB 73(HES) from committee with
individual recommendations and attached fiscal note. There were
no objections and it was so ordered.
There being no further business to come before the committee,
CHAIR DYSON adjourned the meeting at 3:31:58 PM.
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