Legislature(2017 - 2018)BUTROVICH 205

05/09/2017 03:30 PM Senate HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time --
+= HB 186 FOOD DONATIONS TELECONFERENCED
Moved HB 186 Out of Committee
-- Public Testimony --
+ SB 79 OPIOIDS;PRESCRIPTIONS;DATABASE;LICENSES TELECONFERENCED
Moved CSSB 79(HSS) Out of Committee
-- Public Testimony --
                     HB 186-FOOD DONATIONS                                                                                  
                                                                                                                                
3:31:57 PM                                                                                                                    
CHAIR WILSON announced the consideration of HB 186.                                                                             
                                                                                                                                
3:32:09 PM                                                                                                                    
REPRESENTATIVE DAVID TALERICO,  Alaska State Legislature, Juneau,                                                               
Alaska, sponsor of HB 186, explained  that HB 186 seeks to reduce                                                               
the amount of  wasted food in the state by  increasing the amount                                                               
of food donated to foodbanks  and other charitable organizations.                                                               
He  detailed that  nearly 15  percent of  Alaskans fall  into the                                                               
category of  food-insecure individuals.  He said  many businesses                                                               
are currently  donating excess food;  however, many desire  to do                                                               
so but  are not because  of liability or perceived  liability. He                                                               
disclosed  that  many  charitable  organization  do  not  receive                                                               
sufficient food donations to feed the homeless and hungry.                                                                      
                                                                                                                                
3:32:41 PM                                                                                                                    
SENATOR BEGICH joined the committee meeting.                                                                                    
                                                                                                                                
REPRESENTATIVE  TALERICO specified  that  HB  186 allows  hotels,                                                               
restaurants, stores,  and other food  donors to donate  all their                                                               
excess food,  unsold food, or  outdated food; they can  donate to                                                               
foodbanks  or  charitable organizations.  He  noted  that HB  186                                                               
would  clarify "charitable  organizations" in  Alaska's statutes.                                                               
He  disclosed that  he  was once  responsible  for a  solid-waste                                                               
facility and detailed the challenges  in dealing with excess food                                                               
that  led to  inefficient use  of space,  animal attraction,  and                                                               
creating a bacteria issue.                                                                                                      
                                                                                                                                
3:36:39 PM                                                                                                                    
JULIE  MORRIS,  Staff,  Representative  David  Talerico,  Juneau,                                                               
Alaska, provided a sectional analysis for HB 186 as follows:                                                                    
                                                                                                                                
     Sec. 1 - AS 17.20.345                                                                                                  
     Amends   AS   17.20.345   (a)  by   adding   charitable                                                                    
     organizations in  statute next to foodbanks  to be able                                                                    
     to  receive donated  food from  donors  who may  donate                                                                    
     their food free from liability.                                                                                            
                                                                                                                                
     Amends  AS  17.20.345  (b)(l)   by  adding  a  sentence                                                                    
     clarifying that  the labels referenced in  this statute                                                                    
     do not include the new  label referenced in section two                                                                    
     of this bill; which  requires heated-donated food to be                                                                    
     labeled.                                                                                                                   
                                                                                                                                
     Amends AS 17.20.345 (b) by  adding a third bullet point                                                                    
     allowing donors of food to  donate food with an expired                                                                    
     date on it.                                                                                                                
                                                                                                                                
     Amends   AS  .17.20.345   (c)   by  adding   charitable                                                                    
     organizations  in statute  along with  foodbanks to  be                                                                    
     able to receive donated salmon from hatcheries.                                                                            
                                                                                                                                
     Sec. 2 - AS 17.20.345                                                                                                  
     Amends AS 17.20.345 is amended  by adding a new section                                                                    
     which allows donors  of food to donate  excess hot food                                                                    
     to foodbanks and charities as  long as they label it as                                                                    
     previously heated food.                                                                                                    
                                                                                                                                
     Sec. 3 - AS 17.20.346                                                                                                  
     Amends   AS   17.20.346   (a)  by   adding   charitable                                                                    
     organizations in  statute next to foodbanks  to be free                                                                    
     from  liability  to  donate  received  food  to  hungry                                                                    
     individuals as long  as they first inspect  it and deem                                                                    
     it fit for human consumption.                                                                                              
                                                                                                                                
     Amends   AS    17.20.346(b)   by    adding   charitable                                                                    
     organizations in  statute next to foodbanks  to be free                                                                    
     to receive donated food with an expired date on it.                                                                        
                                                                                                                                
     Sec. 4 - AS 17.20.347                                                                                                  
     Amends  AS?  17.20.347   (1)  by  adding  delicatessen,                                                                    
     restaurant,  hotel and  store under  the definition  of                                                                    
     donor.                                                                                                                     
                                                                                                                                
     Amends  AS  17.20.347  (2)  by  deleting  part  of  the                                                                    
     definition of a  foodbank so as to  separately define a                                                                    
     nonprofit organization in a new section.                                                                                   
                                                                                                                                
     Sec. 5 - AS 17 .20.347                                                                                                 
     Amends AS 17.20.347 by adding three new definitions:                                                                       
     1.   "Charitable   Organization"  means   a   nonprofit                                                                    
     organization  that  provides  food  without  charge  to                                                                    
     individuals who do  not have money to pay  for the food                                                                    
     or who do not have homes;                                                                                                  
     2. "Food" includes unsold hot food;                                                                                        
     3.  "Nonprofit  Organization"   means  an  organization                                                                    
     recognized  by the  state or  federal  government as  a                                                                    
     nonprofit organization.                                                                                                    
                                                                                                                                
3:40:14 PM                                                                                                                    
SENATOR MICCICHE asked if there has been any opposition to HB
186 from the foodbanks or nonprofits.                                                                                           
                                                                                                                                
REPRESENTATIVE  TALERICO replied  that  he is  not  aware of  any                                                               
opposition.  He noted  that only  one negative  comment has  been                                                               
received  and  it   was  not  connected  with   any  foodbank  or                                                               
nonprofit.                                                                                                                      
                                                                                                                                
SENATOR MICCICHE asked what the negative comment related to.                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO said the individual claimed that the                                                                    
intent was to make this incredibly dangerous for people to                                                                      
consume bad  food.  He explained  that the bill makes  no changes                                                               
to  the  proper handling  of  food  in  Title  18 of  the  Alaska                                                               
Administrative Code,  which is known  as the "Alaska  Food Code."                                                               
The bill does not change any  of the monitoring currently done by                                                               
the Department of Environmental Conservation.                                                                                   
                                                                                                                                
SENATOR VON IMHOF read the following verbiage from the bill:                                                                    
                                                                                                                                
       HB 186 will allow hotels, restaurants, stores, and                                                                       
     other food donors.                                                                                                         
                                                                                                                                
SENATOR  VON  IMHOF  surmised  that  "other  food  donors"  could                                                               
potentially  include private  individuals. She  asked if  private                                                               
individuals are  currently donating food specifically  related to                                                               
events  with  significant  excess  food.  She  asked  if  private                                                               
individuals are currently donating food.                                                                                        
                                                                                                                                
REPRESENTATIVE  TALERICO  replied   that  private  donation  does                                                               
occur. He related  a story about a food retailer  that throws out                                                               
hot food due to a liability  concern and noted the application of                                                               
the Good  Samaritan Act.  He said  his hope is  that HB  186 will                                                               
ultimately remove the liability thought for not donating.                                                                       
                                                                                                                                
3:44:19 PM                                                                                                                    
SENATOR  VON IMHOF  replied that  she appreciated  Representative                                                               
Talerico's  comments that  proper food  handling is  observed for                                                               
food donations.  She noted that  foodbanks will have  to consider                                                               
adding additional  personnel due  to added donations  in addition                                                               
to  expanded  storage and  refuse  capacity.  She opined  that  a                                                               
foodbank having  to hire additional  personnel is a  good problem                                                               
to handle the added food donations.                                                                                             
                                                                                                                                
3:45:07 PM                                                                                                                    
SENATOR WILSON opened public testimony on HB 186.                                                                               
                                                                                                                                
3:45:39 PM                                                                                                                    
SAMANTHA   KIRSTEIN,  representing   self,  Fairbanks   Foodbank,                                                               
Fairbanks, Alaska, testified in support  of HB 186. She concurred                                                               
with Representative Talerico that  the legislation will provide a                                                               
little more  comfort for the people  who donate food such  as the                                                               
commercial grocers. She asserted  that donations are important to                                                               
foodbanks.                                                                                                                      
                                                                                                                                
3:46:35 PM                                                                                                                    
CHAIR WILSON closed public testimony on HB 186.                                                                                 
                                                                                                                                
3:46:54 PM                                                                                                                    
SENATOR VON IMHOF moved to  report HB 186, [version 30-LS0654\J],                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
3:47:04 PM                                                                                                                    
CHAIR  WILSON found  no  objection,  and HB  186  moved from  the                                                               
Senate Health and Social Services Standing Committee.                                                                           

Document Name Date/Time Subjects
SB 79 version O.pdf SHSS 5/9/2017 3:30:00 PM
SB 79
SB 79 Fiscal Note DHSS-PHAS-3-6-17.pdf SHSS 5/9/2017 3:30:00 PM
SB 79
SB 79 Fiscal Note DOC-HRDO-3-6-17.pdf SHSS 5/9/2017 3:30:00 PM
SB 79
SB 79 DCCED-CBPL-3-6-17.pdf SHSS 5/9/2017 3:30:00 PM
SB 79
SB 79 Sectional Analysis Version O 4.17.17.pdf SHSS 5/9/2017 3:30:00 PM
SB 79
SB 79 Summary of Amendments 4.17.17.pdf SHSS 5/9/2017 3:30:00 PM
SB 79
SB 79 Supporting Document - LOS from Alaska Dental Society.pdf SHSS 5/9/2017 3:30:00 PM
SB 79
SB 79 Supporting Document - LOS from MSHF.pdf SHSS 5/9/2017 3:30:00 PM
SB 79
Giessel Amdt # 1.pdf SHSS 5/9/2017 3:30:00 PM
SB 79
Giessel Amdt # 2.pdf SHSS 5/9/2017 3:30:00 PM
SB 79
Giessel Amdt # 3.pdf SHSS 5/9/2017 3:30:00 PM
SB 79
SB 79 HB 159 Supporting Document - LOS from ASHNHA.pdf SHSS 5/9/2017 3:30:00 PM
HB 159
SB 79
HB 186 Ver J 3.20.17.pdf SHSS 5/9/2017 3:30:00 PM
HB 186
HB 186 Fiscal Note 4.5.17.pdf SHSS 5/9/2017 3:30:00 PM
HB 186
HB 186 Sectional Analysis ver J 3.20.17.pdf SHSS 5/9/2017 3:30:00 PM
HB 186
HB 186 Sponsor Statement 3.20.17.pdf SHSS 5/9/2017 3:30:00 PM
HB 186
HB 186 Support Letter - Fairbanks Community Food Bank 3.20.17.pdf SHSS 5/9/2017 3:30:00 PM
HB 186
HB 186 Supporting Documents - Feeding America Alaska Stats 3.20.17.pdf SHSS 5/9/2017 3:30:00 PM
HB 186