Legislature(2005 - 2006)CAPITOL 106

03/01/2005 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES


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03:38:46 PM Start
03:39:59 PM HB100
04:07:42 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 100 STATE VIROLOGY LABORATORY TELECONFERENCED
Moved CSHB 100(STA) Out of Committee
*+ HB 151 RESPONSIBILITY FOR CARE AFTER EYE SURGERY TELECONFERENCED
Scheduled But Not Heard
Bills Previously Heard/Scheduled
HB 100-STATE VIROLOGY LABORATORY                                                                                              
                                                                                                                                
3:39:59 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced that the first order of business would be                                                                
HOUSE  BILL  NO.  100  "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."   [Before the committee is CSHB
100(STA).]                                                                                                                      
                                                                                                                                
3:40:07 PM                                                                                                                    
                                                                                                                                
RICHARD  MANDSAGER, M.D.,  Director, Division  of Public  Health,                                                               
Alaska  Department  of  Health and  Social  Services,  offered  a                                                               
handout detailing HB 100, which  proposes the construction of the                                                               
state public health  virology lab in Fairbanks.   The second page                                                               
of  the   handout  was  entitled,  "The   Alaska  State  Virology                                                               
Laboratory,"  which  defines  the   word  virology  as  providing                                                               
specialized testing services for  the purpose of diagnosing human                                                               
and  animal   viral  infections,   such  as   influenza,  rabies,                                                               
hepatitis  A,  B,  and C,  human  immunodeficiency  virus  (HIV),                                                               
severe  acute  respiratory  syndrome  (SARS),  West  Nile  Virus,                                                               
Norovirus, measles, mumps, and rubella.                                                                                         
                                                                                                                                
DR. MANDSAGER related  that rabies testing has  been important in                                                               
Alaska for  many decades.  He  related that after the  animal has                                                               
been "put down," the head is  sent to the Fairbanks lab where the                                                               
brain  tissue  is tested  to  identify  if  rabies is,  in  fact,                                                               
present.                                                                                                                        
                                                                                                                                
3:41:36 PM                                                                                                                    
                                                                                                                                
DR. MANDSAGER,  in response to  Chair Wilson, related  that there                                                               
are  often  cases of  animal  rabies  in Alaska,  however,  there                                                               
hasn't been a case  of human rabies for 20 - 30  years.  He added                                                               
that  currently  one  of  the  Alaskan  villages  has  an  animal                                                               
quarantine in place because of rabies in the community.                                                                         
                                                                                                                                
3:42:13 PM                                                                                                                    
                                                                                                                                
DR. MANDSAGER said that Alaska and  Hawaii are the only states in                                                               
the country that don't have a  case of West Nile Virus.  However,                                                               
the  testing for  the  virus  is in  place  and  birds have  been                                                               
evaluated  for the  virus over  the  last couple  of summers,  he                                                               
relayed.  He emphasized that  preparedness is important to ensure                                                               
protection from  of the  "fly away" birds  migrating north.   The                                                               
Centers  for Disease  Control and  Prevention (CDC)  and research                                                               
scientists  develop the  tests  for new  viruses,  such as  SARS,                                                               
after which the sentinel laboratories  are the first to implement                                                               
the tests.   The Fairbanks sentinel laboratory is 1  of 23 in the                                                               
U.S., he  noted.  The reason  Alaska needs to be  prepared is due                                                               
to the  population of "fly  away" birds from Southeast  Asia, and                                                               
the "trans  pacific" air cargo shipped  into the state.   He said                                                               
that  flu  disease,  more commonly  called  influenza,  typically                                                               
starts in  Southeast Asia  and then proceeds  to move  around the                                                               
world.    Therefore,  the  flu  vaccines  are  developed  against                                                               
viruses that  currently exist in  Southeast Asia.  He  noted that                                                               
currently  one [strand  of influenza]  has arrived  in California                                                               
from Southeast Asia.                                                                                                            
                                                                                                                                
3:43:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA  asked  how  long  have  the  majority  of                                                               
viruses been coming from Southeast  Asia and exactly how are they                                                               
transported.                                                                                                                    
                                                                                                                                
DR. MANDSAGER  replied that  he does  not know  that answer.   He                                                               
relayed that in  Southeast Asia there is a  greater population of                                                               
animals and  humans living  in closer  proximity to  one another,                                                               
thus,  it  enhances  the likelihood  of  [viruses]  jumping  from                                                               
animals to  humans.  In  addition, there is a  natural transition                                                               
of   disease   [from   human  to   human]   transmitted   through                                                               
transportation modes, such as planes, he added.                                                                                 
                                                                                                                                
3:44:48 PM                                                                                                                    
                                                                                                                                
DR.  MANDSAGER  turned  to  the   next  page  entitled,  "Current                                                               
Fairbanks  Virology Laboratory,"  which  shows a  picture of  the                                                               
current space  of about  5,000 square feet.   The  laboratory has                                                               
been located on  the University of Alaska  Fairbanks (UAF) campus                                                               
for  quite  some  time  and  has  many  problems,  including  the                                                               
following:   space    limitations,   inadequate    lighting   and                                                               
ventilation,  and fails  to meet  laboratory building  standards.                                                               
The  laboratory received  an evaluation  from the  Association of                                                               
Public  Health  Laboratories  stating  that it  is  "an  accident                                                               
waiting to happen."                                                                                                             
                                                                                                                                
3:45:31 PM                                                                                                                    
                                                                                                                                
DR.  MANDSAGER, in  response to  Chair Wilson,  replied that  the                                                               
laboratory  does  have proper  ventilation  hoods.   However,  he                                                               
added  that   the  laboratory  director   would  say   that  [the                                                               
laboratory  staff] perform  biosafety laboratory  III techniques,                                                               
in a  biosafety level II  facility.  He  said that the  fact that                                                               
the  staff has  never contracted  influenza is  a indicator  that                                                               
their techniques are good despite their working conditions.                                                                     
                                                                                                                                
3:46:09 PM                                                                                                                    
                                                                                                                                
DR.  MANDSAGER  turned to  page  4  entitled, "Proposed  Virology                                                               
Laboratory  Solution,"  which  details the  reason  the  facility                                                               
should be  rebuilt in Fairbanks.   He said one reason  is because                                                               
it's important for the state's  capacity for rapid identification                                                               
of known and  new virus identification.   One recommendation from                                                               
the Association  of Public Health Laboratories  evaluation was to                                                               
provide redundant  and surge capacity  for another  laboratory in                                                               
the event of a natural disaster.                                                                                                
                                                                                                                                
3:47:01 PM                                                                                                                    
                                                                                                                                
DR. MANDSAGER,  in response to Representative  Gardner, clarified                                                               
that the  Anchorage facility  is not a  virology laboratory.   He                                                               
explained that  the state's public  health laboratory  system has                                                               
three laboratories, of  which two are for the  Division of Public                                                               
Health and  the other  for the  Division of  Environmental Health                                                               
under the  Department of Environmental  Conservation (DEC).   The                                                               
Division of Environmental Health  administers the Food and Animal                                                               
Safety  Laboratory that  is  being relocated  to  Anchorage.   In                                                               
response to Chair  Wilson, he reiterated that  the laboratory was                                                               
administered  by the  DEC, which  administers shellfish  testing,                                                               
food safety,  and dead  animal identification.   The  Division of                                                               
Public  Health  Laboratory in  Anchorage  is  a bacteriology  and                                                               
chemical lab, and  its expansion capacity has  been utilized with                                                               
"mission   expansion"  chemicals   as  part   of  the   country's                                                               
biological preparedness.   He related  that after  [the terrorist                                                               
attacks  of  September  11,  2001]   "mission  expansion"  was  a                                                               
national  effort   to  identify  chemical  toxins.     The  third                                                               
laboratory is the virology laboratory in Fairbanks.                                                                             
                                                                                                                                
3:48:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER asked  if, in the event  of a catastrophe,                                                               
the Anchorage laboratory would be the back-up facility.                                                                         
                                                                                                                                
3:48:56 PM                                                                                                                    
                                                                                                                                
DR. MANDSAGER answered  that, in the event that  the facility was                                                               
lost, certain functions  of the laboratory in  Anchorage would be                                                               
stopped, to facilitate  the equipment and staff  of the Fairbanks                                                               
laboratory and prioritize the most important virology testing.                                                                  
                                                                                                                                
3:49:26 PM                                                                                                                    
                                                                                                                                
DR.  MANDSAGER, in  response to  Representative Gardner,  related                                                               
that the Fairbanks  laboratory would better serve the  state.  He                                                               
explained   that  a   laboratory  in   Fairbanks  would   provide                                                               
redundancy in the case of  a natural disaster or terrorist attack                                                               
and  allow  retention  of  its experienced  staff  who  would  be                                                               
difficult to  replace.   Furthermore, UAF  is building  its human                                                               
biology  and  genetics  mission  for  which  the  students  could                                                               
benefit from a biosafety level III laboratory for research work.                                                                
                                                                                                                                
3:50:46 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON alluded  to  the  design of  the  building and  its                                                               
accommodations.                                                                                                                 
                                                                                                                                
DR.  MANDSAGER  directed  attention  to the  last  page  entitled                                                               
"Proposed  Site of  State Virology  Lab," which  shows where  the                                                               
building will be built.  The  building will be an addition to the                                                               
biological research and diagnostics  facility, which is currently                                                               
under construction on the UAF campus,  he added.  During the time                                                               
of the federal  grant, the details of the facility  usage will be                                                               
worked  out between  the  state and  UAF.   He  related that  the                                                               
University of  IOWA and IOWA  State University have  a laboratory                                                               
that share functions, from which both organizations benefit.                                                                    
                                                                                                                                
CHAIR WILSON  commented that  she has  visited the  laboratory in                                                               
IOWA and it does function well.                                                                                                 
                                                                                                                                
DR. MANDSAGER,  for clarification  purposes, said that  the state                                                               
is proposing a similar relationship.                                                                                            
                                                                                                                                
3:52:11 PM                                                                                                                    
                                                                                                                                
DR.  MANDSAGER turned  to  page 5  entitled,  "Construction of  a                                                               
State  Public Health  Virology  Laboratory  in Fairbanks,"  which                                                               
details  the cost  of the  laboratory  that will  be financed  by                                                               
certificates of  participation (COPs).  The  long-term land lease                                                               
through UAF,  if HB  100 is  funded this  session, will  make the                                                               
land  available to  the department  at no  cost for  thirty years                                                               
with two ten-year options, he noted.                                                                                            
                                                                                                                                
3:52:50 PM                                                                                                                    
                                                                                                                                
DR. MANDSAGER,  in response  to Representative  Cissna, clarified                                                               
that  the construction  for biological  research and  diagnostics                                                               
facility will  be a UAF  facility.  However, in  further response                                                               
to  Representative  Cissna,  he  said the  facility  would  be  a                                                               
collaborative effort [between the state and UAF].                                                                               
                                                                                                                                
3:53:31 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON asked if the loan is a 15 year loan.                                                                               
                                                                                                                                
DR. MANDSAGER said "that's correct."                                                                                            
                                                                                                                                
3:53:50 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  asked how the  loan service would work  and whether                                                               
it would come from the general fund or someplace else.                                                                          
                                                                                                                                
DEVEN MITCHELL,  Debt Manager,  Treasury Division,  Department of                                                               
Revenue, replied that  the funding to pay the  debt service would                                                               
come from the general fund.                                                                                                     
                                                                                                                                
3:54:31 PM                                                                                                                    
                                                                                                                                
MR.  MITCHELL,  in  response  to   Chair  Wilson,  said  she  was                                                               
"correct," the state  would build the facility and  share it with                                                               
UAF.  There will be a  lease involved to facilitate the borrowing                                                               
of  the funds  and the  COPs  will ensure  participation in  that                                                               
lease.  The planned lease has  a $500,000 interest with a trustee                                                               
bank that will  have a title interest in the  facility.  He added                                                               
that the COP  is a mechanism that allows the  general fund to pay                                                               
on the lease, which in turn  goes to the trustee who disseminates                                                               
through  the  Depository  Trust   Company  (DTC)  to  people  who                                                               
purchase the COPs as investments.                                                                                               
                                                                                                                                
3:55:37 PM                                                                                                                    
                                                                                                                                
MR. MITCHELL, in response to  Chair Wilson, relayed that the $2.3                                                               
million cost  was a projection  based on the current  4.9 percent                                                               
interest  rate  reported  in  the  fiscal  notes.    The  current                                                               
interest rates  are actually lower,  but a  conservative estimate                                                               
is necessary to  account for future negative  impacts or negative                                                               
market movements.   The U.S.  Department of  Transportation (DOT)                                                               
would manage the  construction of the facility,  and according to                                                               
discussions between DOT and the  Department of Revenue, the bonds                                                               
would  be  issued  in  the  latter  half  of  2005.    Therefore,                                                               
incremental debt service would occur in 2007.                                                                                   
                                                                                                                                
3:56:28 PM                                                                                                                    
                                                                                                                                
MR. MITCHELL, in response to  Chair Wilson, stated that the state                                                               
is not leasing the facilities,  however, there is a ground lease.                                                               
Since UAF is a land grant  university it doesn't have the ability                                                               
to  segregate pieces  of land.   However,  the university  has an                                                               
arrangement with initial term of  lease and optional renewals, he                                                               
added.                                                                                                                          
                                                                                                                                
DR.  MANDSAGER added  that the  land will  be of  no cost  to the                                                               
state but  there will be  a maintenance and  operations agreement                                                               
of an estimated  $200,000 per year.  The financing  lease will be                                                               
a 15  year agreement,  after which there  will be  an operational                                                               
agreement of an estimated increase  of $200,000, over the present                                                               
agreement with UAF, he noted.                                                                                                   
                                                                                                                                
3:57:51 PM                                                                                                                    
                                                                                                                                
DR. MANDSAGER, in  response to Chair Wilson, said  that the state                                                               
knows  the  approximate  amount  that UAF  will  charge  for  the                                                               
operations of  the facility,  which is  in the  fiscal note.   In                                                               
further response to  Chair Wilson, he related  that the increased                                                               
cost, over  the present  cost, is  about $200,000  per year.   In                                                               
further  response to  Chair Wilson,  Dr.  Mandsager related  that                                                               
currently  the laboratory  is  approximately  5,000 square  feet,                                                               
while the usable square footage of  the new building will be over                                                               
11,000  square feet,  which means  additional costs  in terms  of                                                               
basic utilities, such as heat.                                                                                                  
                                                                                                                                
3:59:00 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON asked  about the difference between the  new and old                                                               
building maintenance and operation costs.                                                                                       
                                                                                                                                
3:59:08 PM                                                                                                                    
                                                                                                                                
DR.  MANDSAGER  replied that  the  current  building costs  about                                                               
$150,000 per year,  and the new building will  have an additional                                                               
cost of  $200,000 on top of  that.  In further  response to Chair                                                               
Wilson,  he  assured  the  committee  that  the  maintenance  and                                                               
operation cost is reasonable.                                                                                                   
                                                                                                                                
3:59:44 PM                                                                                                                    
                                                                                                                                
DR. MANDSAGER,  in response to Representative  Gardner, said that                                                               
the plan is to build a state of the art virology laboratory.                                                                    
                                                                                                                                
4:00:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA asked  if the  COP is  the same  mechanism                                                               
used to build the Alaska Psychiatric Institute (API).                                                                           
                                                                                                                                
MR. MITCHELL  replied that the COP  structure is a "nice  fit for                                                               
stand-alone facilities,"  where the  need for a  building doesn't                                                               
lend itself to the general  obligation type bonds.  Recently, the                                                               
COPs  have  been  used  for  the  DEC  Seafood  and  Food  Safety                                                               
Laboratory, API, and the DHSS laboratory in Anchorage.                                                                          
                                                                                                                                
4:01:47 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON asked  about the  state's commitment  to fulfilling                                                               
the debt obligation from the aforementioned projects.                                                                           
                                                                                                                                
4:01:55 PM                                                                                                                    
                                                                                                                                
MR.  MITCHELL replied  that the  outstanding obligations  for the                                                               
DHSS  lab were  issued  January of  1998.   Those  had a  10-year                                                               
obligation and were recently refinanced.   In further response to                                                               
Chair  Wilson,  he  related  that  the  state  received  a  lower                                                               
interest  on the  DHSS laboratory  for which  the final  maturity                                                               
will  be in  January  2008.   The DEC  laboratory  was issued  in                                                               
August  2003,   which has  a  15-year obligation,  and its  final                                                               
maturity won't be until 2018.   Some of the older projects issued                                                               
with  COPs  are  the  Spring  Creek  Correctional  Facility,  the                                                               
Soldotna  Maintenance Facility,  various  state courthouses,  and                                                               
the Department of Natural Resources  (DNR) facility in Palmer, he                                                               
added.                                                                                                                          
                                                                                                                                
4:03:28 PM                                                                                                                    
                                                                                                                                
MR. MITCHELL,  in response  to Chair Wilson,  related that  if HB
100 should  pass, it will  grant the  authority for the  state to                                                               
issue  COPs.   However, next  year the  legislature will  have to                                                               
approve the budget to fund that service in 2007, he added.                                                                      
                                                                                                                                
The committee took an at-ease from 4:04:11 PM to 4:05:50 PM.                                                                
                                                                                                                                
4:06:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  moved to  report  CSHB  100(STA) out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.  There being no objection, it was so ordered.                                                                     

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