Legislature(2005 - 2006)BELTZ 211

04/26/2005 03:30 PM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to Call of Chair 8 PM 4/27--
*+ SB 182 STATE VETERANS' CEMETARY & FUND TELECONFERENCED
Moved SB 182 Out of Committee
+ HB 183 CAMPAIGN FINANCE: SHARED EXPENSES/LISTS TELECONFERENCED
Moved SCS CSHB 183(STA) Out of Committee
+ HB 210 BLOODBORNE PATHOGEN TESTING TELECONFERENCED
Moved CSHB 210(JUD) Out of Committee
+ HB 215 PERM FUND CORP. INVESTMENTS/REGULATIONS TELECONFERENCED
Heard & Held
SB 186 EXECUTIVE BRANCH ETHICS
Moved CSSB 186(STA) Out of Committee
SB 187 LEGISLATIVE ETHICS/MEETINGS
Moved CSSB 187(STA) Out of Committee
*+ SB 127 EXEC. BRANCH ETHICS: FINANCIAL INTERESTS TELECONFERENCED
Moved SB 127 Out of Committee
Bills Previously Heard/Scheduled
= HB 127 PFD:PEACE CORPS/OLYMPIAN/SANCTIONS
Moved CSHB 127(FIN) am Out of Committee
           CSHB 210(JUD)-BLOODBORNE PATHOGEN TESTING                                                                        
                                                                                                                                
CHAIR   GENE  THERRIAULT   announced  HB   210  to   be  up   for                                                               
consideration.                                                                                                                  
3:35:43 PM                                                                                                                    
                                                                                                                                
SHALON   SZYMANSKE,  Staff   to  Representative   Lesil  McGuire,                                                               
explained the  bill expands the  current policies  and procedures                                                               
for testing  for blood borne  pathogen exposure to  include peace                                                               
officers, firefighters, emergency  medical technicians and mobile                                                               
paramedics.                                                                                                                     
                                                                                                                                
The  bill  sets  out  procedures to  determine  whether  a  first                                                               
responder was exposed to blood  borne pathogens while working. It                                                               
provides  means  to protect  the  identity  of the  person  being                                                               
tested as  well as  procedures for court  ordered testing  in the                                                               
event a person refuses to submit to a test.                                                                                     
                                                                                                                                
3:37:32 PM                                                                                                                    
                                                                                                                                
CHAIR THERRIAULT  asked whether the  bill deals with  body fluids                                                               
in addition to blood.                                                                                                           
                                                                                                                                
MS. SZYMANSKE said it does.                                                                                                     
                                                                                                                                
CHAIR THERRIAULT asked about the new Section 5.                                                                                 
                                                                                                                                
MS.   SZYMANSKE   said   that  section   adds   departments   and                                                               
municipalities.                                                                                                                 
                                                                                                                                
3:38:41 PM                                                                                                                    
                                                                                                                                
SENATOR  THOMAS WAGONER  asked  whether  contract employees  were                                                               
given any consideration.                                                                                                        
                                                                                                                                
MS. SZYMANSKE replied she didn't  believe the bill addressed that                                                               
issue.                                                                                                                          
                                                                                                                                
SENATOR  WAGONER  pointed  out  that  other  employees  might  be                                                               
exposed so the scope might not be broad enough.                                                                                 
                                                                                                                                
MS. SZYMANSKE  assured him the  sponsor would be willing  to make                                                               
additions.                                                                                                                      
                                                                                                                                
SENATOR WAGONER  said he wasn't  going to offer an  amendment, he                                                               
was simply asking the question.                                                                                                 
                                                                                                                                
CHAIR  THERRIAULT  questioned  whether  the  language  protecting                                                               
contractors  is covered  by the  Section 7  repealer. Referencing                                                               
the word  "employed" on  page 7,  line 7 he  said he  wasn't sure                                                               
whether it would be construed globally.                                                                                         
                                                                                                                                
MS. SZYMANSKE responded she didn't have an answer.                                                                              
                                                                                                                                
3:42:36 PM                                                                                                                    
                                                                                                                                
CHAIR  THERRIAULT questioned  whether  Section 6  was drafted  to                                                               
cover regular salaried employees and contract employees.                                                                        
                                                                                                                                
SENATOR WAGONER  said prisons  have all types  of people  who are                                                               
exposed to prisoners  and could therefore be exposed  the same as                                                               
the  guards.  He  suggested  that  contract  employees  certainly                                                               
shouldn't be excluded.                                                                                                          
                                                                                                                                
3:43:25 PM                                                                                                                    
                                                                                                                                
SENATOR  KIM ELTON  said it  appears as  though a  distinction is                                                               
made for municipalities,  but not necessarily for  the state. The                                                               
way  he reads  it, a  contract employee  may not  be covered.  He                                                               
agreed with  Senator Wagoner that  everyone who  may be put  in a                                                               
situation that  may result in  a health question like  this ought                                                               
to be covered.                                                                                                                  
                                                                                                                                
CHAIR  THERRIAULT mentioned  a number  of contract  employees and                                                               
said he believes they should be covered.                                                                                        
                                                                                                                                
3:45:13 PM                                                                                                                    
                                                                                                                                
EVERT  ROBINS, President,  Anchorage Police  Department Employees                                                               
Association, stated strong support for the bill.                                                                                
                                                                                                                                
3:47:35 PM                                                                                                                    
                                                                                                                                
CHAIR THERRIAULT asked  if he had an opinion  on whether contract                                                               
employees should be covered.                                                                                                    
                                                                                                                                
MR.  ROBINS said  it's a  good  idea but  the association  really                                                               
looks at this as a bill for first responders.                                                                                   
                                                                                                                                
SENATOR CHARLIE HUGGINS  asked if he had  any volunteer policemen                                                               
that participate, but aren't employed.                                                                                          
                                                                                                                                
MR.  ROBINS said  there is  a citizen  academy in  Anchorage, but                                                               
they try not to use those people as first responders.                                                                           
                                                                                                                                
SENATOR HUGGINS asked  how he would suggest  those individuals be                                                               
treated.                                                                                                                        
                                                                                                                                
MR. ROBINS replied when they're  riding with him they wouldn't be                                                               
first responders.                                                                                                               
                                                                                                                                
3:49:38 PM                                                                                                                    
                                                                                                                                
SENATOR  KIM ELTON  asked  if  it's correct  that  the bill  only                                                               
provides  for  the  process  that  would be  used  for  adult  or                                                               
juvenile  offenders  and not  for  a  victim.  He could  see  the                                                               
benefit for a  first responder in a narrow set  of cases in which                                                               
the first  responder may be  exposed to  someone who is  a victim                                                               
and may become an offender.                                                                                                     
                                                                                                                                
MR.  ROBINS  replied the  bill  is  for defendants.  Victims  are                                                               
typically  compliant   and  volunteer  samples,   but  defendants                                                               
frequently deny testing.                                                                                                        
                                                                                                                                
CHAIR  THERRIAULT stated  that in  the interest  of time  he'd be                                                               
willing to move  the bill on to the Judiciary  Committee with the                                                               
recommendation to amend to include  contract workers. He found no                                                               
objection.                                                                                                                      
                                                                                                                                
3:51:28 PM                                                                                                                    
                                                                                                                                
SENATOR WAGONER  motioned to report CSHB  210(JUD) from committee                                                               
with attached fiscal notes and individual recommendations.                                                                      
                                                                                                                                
CHAIR  THERRIAULT announced  that  without objection,  it was  so                                                               
ordered.                                                                                                                        

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