03/29/2005 10:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB67 | |
| SB106 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 106 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 67 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 29, 2005
10:38 a.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Gene Therriault
Senator Hollis French
Senator Gretchen Guess
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 106
"An Act relating to sale, possession, and delivery of certain
substances and precursors used in the unlawful manufacture of
methamphetamine."
HEARD AND HELD
SENATE BILL NO. 67
"An Act relating to claims for personal injury or wrongful death
against health care providers; and providing for an effective
date."
MOVED CSSB 67(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 106
SHORT TITLE: SALE OF METHAMPHETAMINE AND PRECURSORS
SPONSOR(s): SENATOR(s) GUESS
02/14/05 (S) READ THE FIRST TIME - REFERRALS
02/14/05 (S) JUD, FIN
03/29/05 (S) JUD AT 10:30 AM BUTROVICH 205
BILL: SB 67
SHORT TITLE: CLAIMS AGAINST HEALTH CARE PROVIDERS
SPONSOR(s): SENATOR(s) SEEKINS
01/21/05 (S) READ THE FIRST TIME - REFERRALS
01/21/05 (S) L&C, JUD
02/08/05 (S) L&C AT 1:30 PM BELTZ 211
02/08/05 (S) Heard & Held
02/08/05 (S) MINUTE (L&C)
03/01/05 (S) L&C AT 1:30 PM BELTZ 211
03/01/05 (S) Moved SB 67 Out of Committee
03/01/05 (S) MINUTE (L&C)
03/02/05 (S) L&C RPT 3DP 1DNP
03/02/05 (S) DP: BUNDE, SEEKINS, STEVENS B
03/02/05 (S) DNP: ELLIS
03/08/05 (S) JUD AT 8:30 AM BUTROVICH 205
03/08/05 (S) Heard & Held
03/08/05 (S) MINUTE (JUD)
03/17/05 (S) JUD AT 8:30 AM BUTROVICH 205
03/17/05 (S) Heard & Held
03/17/05 (S) MINUTE (JUD)
03/22/05 (S) JUD AT 8:30 AM BUTROVICH 205
03/22/05 (S) Heard & Held
03/22/05 (S) MINUTE (JUD)
WITNESS REGISTER
Mr. Bill Hogan
Alaska Physicians and Surgeons
No address provided
POSITION STATEMENT: Commented on SB 67
Mr. Don Bullock, Attorney
Legislative Affairs Agency
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on SB 67
Mr. Paul Carr
North Slope Borough Police Department
PO Box 470
Barrow, AL 99723
POSITION STATEMENT: Testified in support of SB 106
Mr. Paul Holland
Fairbanks, AK
POSITION STATEMENT: Testified in support of SB 106
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 10:38:23 AM. Present were Senators
Hollis French, Charlie Huggins, Gene Therriault, Gretchen Guess,
and Chair Ralph Seekins.
SB 67-CLAIMS AGAINST HEALTH CARE PROVIDERS
10:38:23 AM
CHAIR SEEKINS announced SB 67 to be up for consideration. He
asked committee members to submit any proposed amendments. He
advised public testimony was closed.
SENATOR GRETCHEN GUESS asked whether there was a definition of
healthcare providers in the Alaska Statutes.
CHAIR SEEKINS announced a brief recess while his staff checked
for a definition.
10:46:00 AM
CHAIR SEEKINS read aloud the definition of healthcare providers:
Our intent is to cover doctors, nurses, nurse
practitioners, physicians assistants, all
healthcare providers including those that are
named here, acupuncturists, audiologists, speech
pathologists, chiropractors, dental hygienists,
dentists, dispensing opticians, podiatrists,
naturopaths, optometrists, pharmacists, physical
or occupational therapists, psychologists,
psychological associate, hospitals. There is a
definition and it is under AS 09.55.530-560.
10:47:46 AM
SENATOR HOLLIS FRENCH commented one issue is the small market of
insurance providers in the State of Alaska. He suggested the
committee look at other like-sized markets for comparison.
CHAIR SEEKINS voiced the primary concern is Alaska has two
insurance providers, both of which are mutual companies. If one
of the two companies leaves Alaska, the fear is the other will
not pick up the physicians left behind. The main concern is the
shrinking number of providers.
10:50:30 AM
SENATOR GENE THERRIAULT noted that hedonic damages are separated
from non-economic damages in Section 2, subsection (c).
CHAIR SEEKINS agreed it appeared redundant.
SENATOR THERRIAULT asked whether there was a reason for the
separation.
10:51:47 AM
CHAIR SEEKINS asked Mr. Bill Hogan whether the wording should be
"other" hedonic damages.
10:52:25 AM
MR. BILL HOGAN, Alaska Physicians and Surgeons, agreed the
wording sounded redundant. He said he is not sure of the
distinction between "hedonic damages" and "loss of enjoyment of
life."
CHAIR SEEKINS asked whether the intent of the Alaska Physicians
and Surgeons group was to limit damages for the occurrences
listed in Section 2, subsection (c).
MR. HOGAN answered correct.
CHAIR SEEKINS asked Mr. Hogan if he would object to deleting
"but may not include hedonic damages" on Page 2, line 3.
MR. HOGAN answered no.
10:53:21 AM
SENATOR THERRIAULT suggested the drafter chose to use the
language for a reason.
CHAIR SEEKINS called a brief at ease at 10:54:03 AM in order to
contact the drafter for comment on the chosen verbiage.
CHAIR SEEKINS reconvened the meeting at 11:01:14 AM.
CHAIR SEEKINS asked drafter Don Bullock to explain Section 2,
subsection (c).
MR. DON BULLOCK, attorney, Legislative Affairs Agency, explained
"hedonic damages" means life is not what it used to be. Hedonic
damages would be different than "pain and suffering" if the case
involved a person suffering from a brain injury that precluded
them from feeling pain. It is difficult to put a value on
hedonic damages since it is a "quality of life" issue rather
than a "pain and suffering" issue. The definition in SB 67 is
out of Black's Law Dictionary. It is an additional type of
damage from those listed in Section 2, subsection (c).
11:03:41 AM
SENATOR FRENCH suggested they modify the current system to bring
assurance to both the insurance industry and the practitioners.
He proposed they bring the cap down slowly to reach a happy
medium.
11:05:20 AM
CHAIR SEEKINS asserted there is no restriction on a person
recovering for actual damages. SB 67 speaks of non-economic
damages.
11:05:56 AM
SENATOR FRENCH proposed a conceptual amendment to change the
caps to $350,000 and $850,000. Children and old people would
suffer most from SB 67 because they cannot demonstrate a large
earning capacity. He suggested the committee revisit the changes
next session to see whether they are working.
11:07:09 AM
SENATOR THERRIAULT objected. He maintained the conceptual
amendment would fix nothing.
CHAIR SEEKINS agreed.
SENATOR FRENCH disagreed. He stated it would lower total
exposure by a significant amount. Under his proposal, any
million-dollar jury case would be reduced by 15 percent. His
suggestion would show the Legislature is working toward a
solution that will result in a reduction in total awards.
11:08:50 AM
SENATOR GRETCHEN GUESS asked Senator Therriault to expound on
why he feels the split cap is not working.
CHAIR SEEKINS offered to answer the question. The Legislature
should deal with the definition of "severe" as it applies to
many liabilities. Currently severe is defined as anything that
can be embarrassing. It is easy to claim a case belongs in the
higher cap category. The intent with medical malpractice issues
is to put a hard cap into place.
11:11:18 AM
SENATOR GUESS stated the Bethel case had more to do with the
jury making the decision of severity. She voiced the problem was
in defining severe personal impairment or severe disfigurement.
CHAIR SEEKINS agreed and stated the Supreme Court provided the
jury with the definition.
SENATOR GUESS added it is difficult to determine where the
middle ground should be in regards to insurance claim caps. She
voiced support for Senator French's proposed amendment.
11:12:45 AM
CHAIR SEEKINS asked for a roll call and the proposed conceptual
amendment failed 3-2 with Senators Huggins, Therriault and Chair
Seekins dissenting.
11:13:13 AM
SENATOR CHARLIE HUGGINS moved CSSB 67(JUD) from committee with
individual recommendations and attached fiscal note(s).
SENATOR FRENCH objected. He asserted CSSB 67(JUD) would deny
benefits to the most seriously injured Alaskans.
11:14:18 AM
Roll call moved CSSB 67(JUD) out of committee by a 3-2 vote with
Senators French and Guess dissenting.
Chair Seekins called a brief recess at 11:14:46 AM.
Chair Seekins reconvened the meeting at 11:21:02 AM.
SB 106-SALE OF METHAMPHETAMINE AND PRECURSORS
11:21:04 AM
CHAIR RALPH SEEKINS announced SB 106 to be up for consideration.
11:21:21 AM
SENATOR GRETCHEN GUESS introduced a committee substitute (CS).
SENATOR GENE THERRIAULT moved to adopt Version \I. Hearing no
objections, the motion carried.
SENATOR GUESS explained the changes within the CS. The intent of
SB 106 is to crack down on people who buy ingredients for
cooking methamphetamines (meth) without inhibiting people who
are legitimate users of the ingredients. Section 1 adds
possession and delivery of the makings of meth. A new Section 5
is added to explain the slight difference between organic and
non-organic solution. Section 2 clarifies that possession of
more than nine grams of Sudafed is prima facie evidence of
intention to make meth. There is an exemption for people with a
valid prescription.
11:23:54 AM
SENATOR THERRIAULT asked the amount of nine grams of Sudafed.
SENATOR GUESS explained nine grams would be equivalent to 375
pills.
11:24:54 AM
SENATOR GUESS continued Section 4 identifies the chemicals used
to create meth. Section 5 discusses dispensing and the
identification check, and it adds a local option avenue for
mandatory reporting.
11:26:39 AM
SENATOR GUESS explained SB 106 allows for lodge owners to
purchase a case of Sudafed for summer clients without creating
undue suspicion.
11:29:14 AM
SENATOR GUESS advised the committee she is working with the
drafter to address the issue of putting ingredient products
behind the counter and also the issue of keeping the logbook.
11:32:05 AM
SENATOR THERRIAULT asked about the availability of government
issued identification in rural areas.
SENATOR GUESS advised she would research and get back to the
committee.
SENATOR HOLLIS FRENCH made a comment regarding mail order to
rural areas.
CHAIR SEEKINS expressed an affinity against putting retailers in
jeopardy.
11:35:46 AM
SENATOR FRENCH said Oklahoma has proven restriction of meth
ingredients provides a handle on the meth problem. However, he
agreed that lawful use of the ingredients should be protected.
11:37:05 AM
CHAIR SEEKINS expressed a preference for a second indicator in
order to have prima facie evidence.
11:39:25 AM
SENATOR THERRIAULT asked Senator Guess the problems Alaska
should anticipate with SB 106.
SENATOR GUESS indicated she did not know of any.
CHAIR SEEKINS wondered whether a person could order Sudafed
online.
SENATOR GUESS specified the supplier would have to check
identification and keep a log.
11:41:53 AM
MR. PAUL CARR, Police chief, North Slope Borough, testified in
support of SB 106. He contended meth is an epidemic and the use
of it is causing crime to escalate. He said he is familiar with
the use of Sudafed reduction in the making of meth.
SENATOR FRENCH asked Mr. Carr if they were busting meth labs or
seeing an increase in meth-related crimes.
MR. CARR said they have not busted a lab yet but have heard it
is being made locally.
11:43:51 AM
MR. PAUL HOLLAND testified in support of SB 106. Meth labs are a
large problem in Fairbanks.
11:48:37 AM
MR. BARRY CHRISTENSON, Alaska Pharmacists Association, testified
in support of SB 106. He said limiting single source ingredients
such as Sudafed greatly limits the problem. Combination products
are hard to cook down into meth.
11:51:05 AM
SENATOR FRENCH asked for an example of a combination product.
MR. CHRISTENSEN responded Tylenol Cold or Comtrex.
SENATOR CHARLIE HUGGINS asked Mr. Christensen his opinion of
people obtaining supplies from outside the state.
MR. CHRISTENSEN said he would prefer to see a federal law since
the states are setting laws differently. Oklahoma has gone the
extreme by making the purchase of Sudafed a pharmacy-only
transaction, which is not geographically practical for Alaskans.
Stores who monitor the selling of ingredients are negatively
affecting the creation of meth labs. Sudafed is still available
online at this point.
11:53:43 AM
CHAIR SEEKINS held SB 106 in committee.
There being no further business to come before the committee,
Chair Seekins adjourned the meeting at 11:55:30 AM.
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