Legislature(2005 - 2006)CAPITOL 106

03/29/2005 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 128 SCHOOLS PHYSICAL ACTIVITY TASK FORCE TELECONFERENCED
Moved CSHB 128(HES) Out of Committee
+= HB 13 SCHOOL CONSTRUCTION BOND REIMBURSEMENT TELECONFERENCED
Heard & Held
+ HB 31 WORKERS' COMP: DISEASE PRESUMPTION TELECONFERENCED
Moved Out of Committee
+ HB 186 PERMANENT FUND: QUARTERLY PAYMENTS TELECONFERENCED
Moved Out of Committee
Bills Previously Heard/Scheduled
HB 128 - SCHOOLS PHYSICAL ACTIVITY TASK FORCE                                                                                 
                                                                                                                                
CHAIR WILSON announced that the  first order of business would be                                                               
HOUSE  BILL NO.  128,  "An Act  establishing  the Alaska  Schools                                                               
Physical Activity  Task Force."   [Before the committee  was CSHB
128(EDU).]                                                                                                                      
                                                                                                                                
3:51:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  McGUIRE,  speaking  as  the sponsor  of  HB  128,                                                               
offered her  understanding that childhood  obesity has  become an                                                               
epidemic in the United States.   She emphasized the importance of                                                               
physical  education and  routine exercise  as a  means to  tackle                                                               
obesity.  She said that there  has been a tremendous cultural and                                                               
sociological shift  in American culture,  and thus more  and more                                                               
children are participating in  sedentary activities and consuming                                                               
more food than in the past.                                                                                                     
                                                                                                                                
REPRESENTATIVE  McGUIRE   explained  that   Dr.  Peter   Mjos  in                                                               
Anchorage  brought  the  [idea   of  this  legislation]  to  her.                                                               
Schools are dealing  with several issues now, as a  result of the                                                               
No Child  Left Behind (NCLB) Act  of 2001, and so  she decided to                                                               
not  simply   create  another  unfunded  mandate,   she  relayed;                                                               
instead, the creation of a task  force will enable many people to                                                               
come together and use their  energy to create solutions that will                                                               
enable more physical  activity for children within  schools.  She                                                               
pointed out  that this will be  a complex issue, since  the needs                                                               
in urban school districts vary from those in rural areas.                                                                       
                                                                                                                                
REPRESENTATIVE  McGUIRE added  that  there is  no fiscal  impact,                                                               
since the  task force is composed  of volunteers.  She  said that                                                               
she  would appreciate  support from  members  regarding what  she                                                               
characterized as a very important issue.                                                                                        
                                                                                                                                
REPRESENTATIVE CISSNA commented on the link between physical                                                                    
activity and positive mental health.                                                                                            
                                                                                                                                
3:57:26 PM                                                                                                                    
                                                                                                                                
PETER  MJOS,  M.D.,  Take  Heart  Alaska,  Epidemiology  Section,                                                               
Division  of  Public  Health, Department  of  Health  and  Social                                                               
Services (DHSS),  relayed that obesity  is a  devastating problem                                                               
but is both reversible and preventable.  He said:                                                                               
                                                                                                                                
     The key,  of course, is  calories in and  calories out,                                                                    
     and  it is  the "calories  out" of  which this  bill is                                                                    
     concerned.   The purpose of  HB 128, the creation  of a                                                                    
     multi-disciplinary  legislative   task  force,   is  to                                                                    
     formally  introduce  to   the  Alaska  legislature  the                                                                    
     background science  and history of a  concept developed                                                                    
     years ago  and supported by nearly  every local, state,                                                                    
     and  federal public  health  expert, including  several                                                                    
     U.S.  surgeons   -  ...  and  [members   of  Congress],                                                                    
     including Senator [Ted] Stevens  and [Lisa] Murkowski -                                                                    
     ...  a  concept that  is:    daily, vigorous,  quality,                                                                    
     physical  activity in  every grade,  K-12, and  perhaps                                                                    
     even younger.  "Life  is movement," said Aristotle, and                                                                    
     it was until now.                                                                                                          
                                                                                                                                
     We  are now  in  the third  and  fourth generations  of                                                                    
     completely  sedentary families.   Those  who have  lost                                                                    
     the will and  the ability to exercise,  and without the                                                                    
     parental role  model, children simply do  not exercise.                                                                    
     Obesity  daily  captures front-page  headlines;  drugs,                                                                    
     surgery,  and  miracle  diets are  not  and  cannot  be                                                                    
     substitutes  for  physical  activity. ...  Simply  put,                                                                    
     physically active, physically  fit students eat better,                                                                    
     sleep  better,   behave  better,  feel   better,  think                                                                    
     better,  and  perform  better  academically,  and  they                                                                    
     should  for   life,  as  lifetime  athletes.     Daily,                                                                    
     physical  activity  recognizes   the  whole  student  -                                                                    
     healthy   students,   athletes,   and   citizens   and,                                                                    
     hopefully, for an entire lifetime.                                                                                         
                                                                                                                                
     The  alternative, of  course,  is decreased  longevity,                                                                    
     [a]  worsening   "syndemic"  (ph)  cascade   of  morbid                                                                    
     diseases, and  costs both unimaginable  and potentially                                                                    
     bankrupting  [of] both  state and  national treasuries.                                                                    
     We  must  follow  the  lead of  the  CDC  [Centers  for                                                                    
     Disease Control  and Prevention]  and other  states and                                                                    
     recognize  the   whole  student.     Obesity   is  both                                                                    
     preventable and  reversible [and], to that  end, daily,                                                                    
     vigorous,  quality,   physical  activity  must   be  an                                                                    
     imperative, integral,  and indispensable part  of every                                                                    
     student's daily school experience.                                                                                         
                                                                                                                                
CHAIR WILSON  commented that she  hopes that when the  task force                                                               
meets they will think about  supportive ways to enable schools to                                                               
accomplish some of the mentioned goals.                                                                                         
                                                                                                                                
DR. MJOS  stated that without  the support of a  community, there                                                               
is little expectation  for adults and children to  be healthy and                                                               
fit.   He relayed  that 70  percent of  adults are  overweight or                                                               
obese and  have completely  fallen out  of any  exercise routine,                                                               
and when parents do not  exercise, children do not exercise; thus                                                               
it  falls  to  the  school  system to  institute  fitness  as  an                                                               
integral part  of a healthy  lifestyle.   The cost to  society in                                                               
terms  of  disease  and  dollars  would  fall  dramatically,  but                                                               
additionally there would be a healthy  population.  He went on to                                                               
say, "I can tell you, in the halls  of my office, in the halls of                                                               
the hospital, much  of what we are seeing  now is obesity-related                                                               
disease, and  we simply  will not  be able to  cover the  cost of                                                               
this within another generation or so, it is that serious."                                                                      
                                                                                                                                
4:03:00 PM                                                                                                                    
                                                                                                                                
LARRY  WIGET, Director,  Government  Relations, Anchorage  School                                                               
District (ASD),  stated that the  ASD supports the passage  of HB
128.   He said that the  ASD believes wellness is  important and,                                                               
that the school  board is in the process of  putting together its                                                               
own  work session  on  the  issue [of  obesity  and  the lack  of                                                               
physical activity].   He relayed that although the  issue will be                                                               
complex to  address, the ASD's  administration both  applauds and                                                               
supports HB 128.                                                                                                                
                                                                                                                                
4:04:29 PM                                                                                                                    
                                                                                                                                
PATRICIA G. OWEN,  Health Program Manager II,  Division of Public                                                               
Health,  Department   of  Health  and  Social   Services  (DHSS),                                                               
indicated  that she  was  present  in support  of  HB  128.   She                                                               
explained that the Division of  Public Health has several chronic                                                               
disease prevention programs, including  an obesity prevention and                                                               
control program.   She suggested an amendment to  HB 128, wherein                                                               
the  [task force]  membership would  be expanded  to include  one                                                               
member from the Department of Health and Social Services.                                                                       
                                                                                                                                
4:06:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  McGUIRE   made  a  motion  to   adopt  Conceptual                                                               
Amendment 1,  to add one  more voting  member to the  task force,                                                               
that member being a representative  from the Department of Health                                                               
and  Social  Services.   There  being  no  objection,  Conceptual                                                               
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
4:06:49 PM                                                                                                                    
                                                                                                                                
BOB URATA, M.D., President-elect, Pacific Mountain Affiliate,                                                                   
American Heart Association, said:                                                                                               
                                                                                                                                
     The American  Heart Association's mission is  to reduce                                                                    
     death and  disability from heart disease  and stroke by                                                                    
     25 percent  by 2010 ... I  am here to speak  in support                                                                    
     of HB 128.   Obesity is increasing at  an alarming rate                                                                    
     among  our  youth  and  adults  in  Alaska.    Lack  of                                                                    
     physical  activity is  a major  contributing factor  to                                                                    
     what is  fast becoming an  epidemic.  According  to the                                                                    
     2003  Alaska  Youth  Risk Behavior  Survey  [YRBS],  72                                                                    
     percent of high school  students did not participate in                                                                    
     sufficient,  moderate, physical  activity in  the [week                                                                    
     prior] to  this survey.   Child magazine  ranked Alaska                                                                  
     children as  the nation's least fit  children, based on                                                                    
     a  five-month  investigation of  state-mandated  school                                                                    
     fitness  and nutritional  policies ...;  this is  to be                                                                    
     published in the April 2005 issue of Child magazine.                                                                     
                                                                                                                                
     Among  those  involved in  the  study  were [the]  CDC,                                                                    
     [the]  American  Diabetes Association,  [the]  American                                                                    
     Academy   of    Pediatrics,   [the]    American   Heart                                                                    
     Association,  [the]   National  Association   of  State                                                                    
     Boards of  Education, and  the National  Association of                                                                    
     Sports and Physical Education.   On March 17, 2005, the                                                                    
     New  England Journal  of  Medicine  published a  report                                                                  
     titled, "A Potential Decline of  Life Expectancy in the                                                                    
     U.S. in the  21st Century"; ... this  report notes that                                                                    
     two-thirds  of  the adults  in  the  United States  are                                                                    
     obese or overweight and that  children have the highest                                                                    
     rate  of   increases  in  obesity.     Obesity   has  a                                                                    
     substantial negative effect  on longevity, reducing it,                                                                    
     by  their  estimates, ...  5  to  20 years  because  it                                                                    
     increases  the risk  for  heart disease,  hypertension,                                                                    
     and diabetes.                                                                                                              
                                                                                                                                
     Therefore, it  is possible,  according to  this report,                                                                    
     that  our  young  people's   life  expectancy  will  be                                                                    
     shorter  than  ours because  of  obesity.   This  is  a                                                                    
     sobering thought.  [The] cost  of obesity is about [$70                                                                    
     billion]  to $100  billion per  year;  it is  estimated                                                                    
     that Alaska  spends $195  million annually  [on] direct                                                                    
     costs  related to  obesity. ...  Because  obesity is  a                                                                    
     widespread  problem,  with  major,  potential  negative                                                                    
     significance,   ...  public   health  intervention   is                                                                    
     needed.  The formation of this  task force is a step in                                                                    
     the  right  direction.   It  is  important  that  these                                                                    
     recommendations,  however,  meet standards  adopted  by                                                                    
     the  CDC, and/or  the National  Association for  Sports                                                                    
     and Physical Education.                                                                                                    
                                                                                                                                
DR. URATA  further noted that it  is important to make  sure that                                                               
the food offered in vending machines at schools is nutritious.                                                                  
                                                                                                                                
4:10:16 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON indicated  that the  task force  might address  the                                                               
issue of the quality of food offered in vending machines.                                                                       
                                                                                                                                
DR. URATA  said his  understanding is  that the  vending machines                                                               
provide  money  to  fund  activities for  schools  and  thus  the                                                               
[unhealthy]  food  offered could  simply  be  replaced with  more                                                               
nutritious alternatives.                                                                                                        
                                                                                                                                
4:11:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   made  a   motion  to   adopt  Conceptual                                                               
Amendment 2:                                                                                                                    
                                                                                                                                
     Page 4, line 7:                                                                                                            
     Insert a new subsection (f) to read:                                                                                       
     "No  member  shall  be allowed  access  to  the  public                                                                    
     employee  retirement system  by virtue  of compensation                                                                    
     or service on this task force"                                                                                             
                                                                                                                                
     Renumber accordingly.                                                                                                      
                                                                                                                                
CHAIR  WILSON highlighted  that the  task force  will be  totally                                                               
voluntary.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  ANDERSON  objected,   saying  he  didn't  believe                                                               
Conceptual Amendment 2 was necessary.                                                                                           
                                                                                                                                
REPRESENTATIVE SEATON pointed out that  subsection (e) on page 4,                                                               
line  5, exempts  members listed  in  subsection (a)(1)-(5)  from                                                               
compensation, but  not the  remaining members.   He  reminded the                                                               
committee of  the upcoming large  unfunded liability due  to city                                                               
council  members, school  board members,  et cetera,  who receive                                                               
minimal  compensation,  but who  are  [eligible]  for the  Public                                                               
Employees'   Retirement  System   (PERS).     Therefore,  if   an                                                               
individual serves in  the state elsewhere, it adds  years to that                                                               
individual's  compensation  and  requires that  his/her  PERS  be                                                               
funded  proportionally for  that service.   He  charged that  the                                                               
aforementioned   should   be   reviewed  for   all   boards   and                                                               
commissions.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDERSON maintained  his objection  to Conceptual                                                               
Amendment 2.                                                                                                                    
                                                                                                                                
4:14:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  asked whether it would  be more efficient                                                               
to introduce  legislation that  would address  the issue  for all                                                               
boards and commissions rather than on a case-by-case basis.                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON   explained  that  in   establishing  this                                                               
commission, the  policy will be that  minimally-funded, voluntary                                                               
positions  do  not have  access  to  the  state health  care  and                                                               
retirement system.  Although  the suggested legislation described                                                               
by  Representative Gardner  may be  necessary, he  opined, a  new                                                               
commission shouldn't  be created without addressing  the issue in                                                               
the meantime.                                                                                                                   
                                                                                                                                
4:15:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE McGUIRE agreed that this  is probably a good place                                                               
to start  such a policy.   She mentioned that although  she isn't                                                               
aware of  anyone serving on  a task  force who qualified  for the                                                               
state's  health care  and retirement  benefits,  she believes  it                                                               
wouldn't  hurt to  be clear.    She remarked,  however, that  the                                                               
amendment should  be clear that  an individual would  not receive                                                               
state benefits  simply for  serving on the  task force  but would                                                               
receive  those benefits  if he/she  held  a position  as a  state                                                               
employee or teacher who happens to be serving on the task force.                                                                
                                                                                                                                
CHAIR  WILSON  asked if  Conceptual  Amendment  2 should  include                                                               
reference to the Teachers' Retirement System (TRS) as well.                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON  said  that  he would  accept  that  as  a                                                               
friendly  amendment  to  Conceptual  Amendment  2.    [Conceptual                                                               
Amendment 2 was treated as amended.]                                                                                            
                                                                                                                                
REPRESENTATIVE ANDERSON withdrew his objection.                                                                                 
                                                                                                                                
CHAIR WILSON,  noting that were no  further objections, announced                                                               
that Conceptual Amendment 2 [as amended] was adopted.                                                                           
                                                                                                                                
4:17:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDERSON  moved  to report  [CSHB  128(EDU)],  as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the accompanying fiscal notes.                                                                                                  
                                                                                                                                
REPRESENTATIVE KOHRING  objected.   He stated that  although this                                                               
legislation  may  yield  some  good  information,  he  questioned                                                               
whether a  task force is  necessary and whether the  local school                                                               
board could instead perform the goal of the task force.                                                                         
                                                                                                                                
REPRESENTATIVE McGUIRE  said the task force  is important because                                                               
a  specified  deadline under  a  specified  structure raises  the                                                               
level  of   attention  that   would  be   given  to   the  issue.                                                               
Furthermore, this is a statewide  issue, which is appropriate for                                                               
a  legislative task  force, as  opposed  to a  local task  force,                                                               
because  different  branches  of   government  would  be  brought                                                               
together.  She said that she  didn't intend to make another layer                                                               
of  government,  and  highlighted  that  the  task  force  has  a                                                               
definite beginning and end.                                                                                                     
                                                                                                                                
REPRESENTATIVE KOHRING withdrew his objection.                                                                                  
                                                                                                                                
CHAIR WILSON,  noting that  there were  no further  objections to                                                               
the motion,  announced that  CSHB 128(HES)  was reported  from of                                                               
the  House   Health,  Education  and  Social   Services  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                

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