04/01/2010 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SCR14 | |
| SB261 | |
| SB215 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 420 | TELECONFERENCED | |
| + | SCR 14 | TELECONFERENCED | |
| + | SB 261 | TELECONFERENCED | |
| + | SB 215 | TELECONFERENCED | |
| + | SB 244 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 1, 2010
8:07 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Paul Seaton, Vice Chair
Representative Carl Gatto
Representative Craig Johnson
Representative Peggy Wilson
Representative Max Gruenberg
Representative Pete Petersen
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE CONCURRENT RESOLUTION NO. 14
Recognizing October 2010 as Filipino American History Month.
- MOVED OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 261(L&C)
"An Act relating to the membership of the Alcoholic Beverage
Control Board; and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 215
"An Act requiring the Department of Health and Social Services
to accept federal prescription drug benefits or to provide
comparable benefits for residents of the Alaska Pioneers' Home."
- MOVED OUT OF COMMITTEE
SENATE BILL NO. 244
"An Act adjusting the established geographic differentials in
pay that apply to certain employees in state service who are not
covered by collective bargaining agreements; requiring the
director of the division of personnel to establish geographic
pay differentials for positions located outside the state; and
providing for an effective date."
- SCHEDULED BUT NOT HEARD
HOUSE BILL NO. 420
"An Act adjusting the established geographic differentials in
pay that apply to certain employees in state service who are not
covered by collective bargaining agreements; requiring the
director of the division of personnel to establish geographic
pay differentials for positions located outside the state; and
providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SCR 14
SHORT TITLE: FILIPINO AMERICAN HISTORY MONTH
SPONSOR(s): SENATOR(s) EGAN
02/24/10 (S) READ THE FIRST TIME - REFERRALS
02/24/10 (S) STA
03/16/10 (S) STA RPT 4DP
03/16/10 (S) DP: MENARD, FRENCH, MEYER, PASKVAN
03/16/10 (S) STA AT 9:00 AM BELTZ 105 (TSBldg)
03/16/10 (S) Moved SCR 14 Out of Committee
03/16/10 (S) MINUTE(STA)
03/18/10 (S) BEFORE THE SENATE ON FINAL PASSAGE
03/18/10 (S) TRANSMITTED TO (H)
03/18/10 (S) VERSION: SCR 14
03/19/10 (H) READ THE FIRST TIME - REFERRALS
03/19/10 (H) STA
04/01/10 (H) STA AT 8:00 AM CAPITOL 106
BILL: SB 261
SHORT TITLE: ALCOHOLIC BEVERAGE CONTROL BD MEMBERS
SPONSOR(s): SENATOR(s) OLSON
02/05/10 (S) READ THE FIRST TIME - REFERRALS
02/05/10 (S) STA, L&C
02/18/10 (S) STA RPT 4DP
02/18/10 (S) DP: MENARD, FRENCH, MEYER, KOOKESH
02/18/10 (S) STA AT 9:00 AM BELTZ 105 (TSBldg)
02/18/10 (S) Moved SB 261 Out of Committee
02/18/10 (S) MINUTE(STA)
03/16/10 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/16/10 (S) Moved CSSB 261(L&C) Out of Committee
03/16/10 (S) MINUTE(L&C)
03/17/10 (S) L&C RPT CS 3DP 1DNP SAME TITLE
03/17/10 (S) DP: PASKVAN, MEYER, DAVIS
03/17/10 (S) DNP: BUNDE
03/23/10 (S) TRANSMITTED TO (H)
03/23/10 (S) VERSION: CSSB 261(L&C)
03/24/10 (H) READ THE FIRST TIME - REFERRALS
03/24/10 (H) STA
04/01/10 (H) STA AT 8:00 AM CAPITOL 106
BILL: SB 215
SHORT TITLE: PIONEERS HOME RX DRUG BENEFIT
SPONSOR(s): SENATOR(s) WIELECHOWSKI, OLSON, KOOKESH, ELLIS,
DAVIS
01/19/10 (S) PREFILE RELEASED 1/15/10
01/19/10 (S) READ THE FIRST TIME - REFERRALS
01/19/10 (S) HSS, FIN
02/08/10 (S) HSS AT 1:30 PM BUTROVICH 205
02/08/10 (S) Moved SB 215 Out of Committee
02/08/10 (S) MINUTE(HSS)
02/10/10 (S) HSS RPT 5DP
02/10/10 (S) DP: DAVIS, THOMAS, ELLIS, PASKVAN,
DYSON
03/15/10 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/15/10 (S) Heard & Held
03/15/10 (S) MINUTE(FIN)
03/22/10 (S) FIN RPT 2DP 3NR
03/22/10 (S) DP: HOFFMAN, EGAN
03/22/10 (S) NR: STEDMAN, OLSON, HUGGINS
03/22/10 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/22/10 (S) Moved SB 215 Out of Committee
03/22/10 (S) MINUTE(FIN)
03/23/10 (S) OLSON CORRECTED FIN REPORT VOTE NR TO
DP
03/23/10 (S) TRANSMITTED TO (H)
03/23/10 (S) VERSION: SB 215
03/24/10 (H) READ THE FIRST TIME - REFERRALS
03/24/10 (H) STA
04/01/10 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
SENATOR DENNIS EGAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SCR 14 as sponsor.
ELLERY LUMBAB
Juneau, Alaska
POSITION STATEMENT: Testified on behalf of the Filipino
Community, Inc., in support of SCR 14.
RAPHAEL CASTANOS
Juneau, Alaska
POSITION STATEMENT: Testified on behalf of the Filipino
Community, Inc., in support of SCR 14.
ARLENE LUMBAB
Juneau, Alaska
POSITION STATEMENT: Testified on behalf of the Filipino
Community, Inc., in support of SCR 14.
ED CARRILLO, Vice President
Filipino Community, Inc.
Juneau, Alaska
POSITION STATEMENT: Testified on behalf of the Filipino
Community, Inc., in support of SCR 14.
MARIO LIM
Juneau, Alaska
POSITION STATEMENT: Testified in support of SCR 14.
SENATOR DONNY OLSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 261 as sponsor.
TIM BENINTENDI, Staff
Senator Donny Olson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Offered information and answered questions
regarding SB 261, on behalf of Representative Olson, sponsor.
DALE FOX, President/CEO
Alaska Cabaret Hotel Restaurant & Retailer's Association (Alaska
CHARR)
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 261.
BRIDIE TRAINOR, Director
Bering Strait Suicide Prevention Program
Kawerak, Inc.
Nome, Alaska
POSITION STATEMENT: Testified in support of SB 261.
SHIRLEY GIFFORD, Director
Alcohol Beverage Control Board
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Testified and answered questions during the
hearing on SB 261.
SENATOR WIELECHOWSKI
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 215 as co-prime sponsor.
VERDIE BOWEN, Director
Office of Veteran Affairs, Department of Military & Veterans'
Affairs (DMVA)
Fort Richardson, Alaska
POSITION STATEMENT: Testified in support of SB 215.
DAVE COTE, Director
Central Office
Division of Alaska Pioneer Homes
Department of Health & Social Services
POSITION STATEMENT: Testified during the hearing on SB 215.
ACTION NARRATIVE
8:07:36 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:07 a.m. Representatives Seaton, Gatto,
Wilson, Petersen, and Lynn were present at the call to order.
Representatives Johnson and Gruenberg arrived as the meeting was
in progress.
SCR 14-FILIPINO AMERICAN HISTORY MONTH
8:08:12 AM
CHAIR LYNN announced that the first order of business was SENATE
CONCURRENT RESOLUTION NO. 14, Recognizing October 2010 as
Filipino American History Month.
8:08:46 AM
SENATOR DENNIS EGAN, Alaska State Legislature, as sponsor,
stated that SCR 14 would dedicate October 2010 as Filipino
American History Month. He said Filipinos have a rich history
and culture in Alaska. The first Filipino legislator in the
nation - Thelma Buchholdt - served in the Alaska State
Legislature from 1974-1982. Senator Dennis Egan said Juneau,
and many other communities in the state, have been rewarded by
"the rich heritage and civic involvement" of Filipino Americans.
He said he considers the loud, rhythmic drumming and bright
costumes of the Filipino Community's annual Fourth of July
parade entry a highlight. Senator Egan encouraged all Alaskans
to celebrate and honor the history of the Filipino Community in
their communities this October, and encouraged the committee to
support SCR 14. In response to Representative Gatto, he
confirmed that the proposed concurrent resolution would pertain
only to October 2010.
8:12:27 AM
ELLERY LUMBAB, testifying on behalf of the Filipino Community,
Inc., in support of SCR 14, told the committee that he is
originally from Catbalogan, Samar, Philippines. He related that
his father fought with American soldiers against the Japanese
during World War II. Mr. Lumbab said his family is comprised of
his mother and father, 15 children, their spouses, and 62
grandchildren.
MR. LUMBAB related that he is the artistic director of the
Alitaptap Philippine Folkloric Group of the Filipino Community,
Inc., in Juneau. He indicated that it is the intent of the
group to bring cultural awareness to the new generation of
Filipino Americans through unique and diverse Filipino art,
music, and dance. He emphasized the importance of preserving
the culture.
MR. LUMBAB reported that the earliest documented proof of
Filipino presence in Alaska is 1788, and since that time,
Filipinos have helped to build Alaska's economy, for example,
working in fish canneries, in gold mines, in the retail and
restaurant industries, and as teachers, bankers, doctors, and
nurses. He urged the committee to support SCR 14.
8:15:21 AM
MR. LUMBAB, in response to Chair Lynn, said the statue in Manila
Square, in Juneau, is of Dr. Jose Rizal, a hero who fought
against Spaniard oppression on behalf of those in the
Philippines. In response to a follow-up question, he said
Manila Square has existed since [2002].
8:16:03 AM
MR. LUMBAB, in response to Representative Gatto and Chair Lynn,
offered the pronunciation of "Alaskeros" - on page 1, line 9, of
SCR 14. He explained that the Filipino language is Tagalog, and
60 percent of the language is derived from Spanish root words.
8:17:19 AM
RAPHAEL CASTANOS, testifying on behalf of the Filipino
Community, Inc., in support of SCR 14, offered a brief personal
history. He said he moved to America in 1991. He related that
he took part in the Philippine revolution of 1986, when
President Marcos was "kicked out." He said former President
Marcos had been his fraternity brother in university. He said a
month ago he read in Filipinos Magazine that the U.S. Congress
approved a joint resolution declaring October Filipino-American
History Month, which gave him the idea to approach the Alaska
State Legislature to recognize the event. He said he worked on
the Manila Square project, which took eight months. He
indicated that recognition of Filipinos does not exist in other
parts of the United States.
8:19:51 AM
MR. CASTANOS said if SCR 14 is signed into law, Alaska will be
only the second state in the Union to have such a resolution.
He related that U.S. Congress expected that more states would
follow suit. In response to Chair Lynn, he said California was
the first state to adopt similar legislation. He said he is
anticipating a resolution by the City & Borough of Juneau
recognizing October as Filipino-American History month.
8:21:30 AM
ARLENE LUMBAB, testifying on behalf of the Filipino Community,
Inc., in support of SCR 14, indicated that Mr. Lumbab is her
brother, and said she is also from Catbalogan, Samar,
Philippines. She said she moved to the U.S. in 1986, living
first in Sacramento, California, then moving to Juneau, Alaska,
in 2007. She said Alaska "embraced" her. Ms. Lumbab said she
serves on the board of directors of the Filipino Community, Inc.
She said SCR 14 would honor all Filipinos in the state. She
added, "We have a special appreciation of its significance here
in Juneau." She relayed that the Filipino Community, Inc., is
the oldest organized Filipino organization in Alaska, having
been incorporated in 1956. Many of the founding families of the
organization still reside in Alaska.
MS. LUMBAB related that it has been said that the Filipinos are
the second largest ethnic group in Alaska, second only to Alaska
Natives. She said Filipinos are thrilled that the Alaska State
Legislature is giving consideration to Filipinos, and would
accept the recognition with respect and honor. She urged the
committee to support SCR 14. In response to Chair Lynn, she
confirmed that there are [Filipino] organizations in other parts
of the state.
8:24:27 AM
ED CARRILLO, Vice President, Filipino Community, Inc.,
testifying in support of SCR 14, offered a brief personal
history. He said his family came from Kalibo, Aklan,
Philippines. He relayed that his late father came to the U.S.
during the late 1920s and worked as a sugar cane worker,
farmhand, mine worker, and custodian, and served with the U.S.
Army during World War II. Mr. Carrillo said his father met his
mother and they had six children. His father returned to the
U.S. with the three eldest children and ended up in Juneau.
When he saved enough money, he sent for his wife and youngest
three children. Mr. Carrillo said he was one of the youngest
children and came to Alaska in 1975, when he was 13 years of
age.
MR. CARRILLO said he speaks as a Filipino American to say that
Filipinos would be honored through the proposed legislation, and
he encouraged the committee to support SCR 14.
8:26:45 AM
REPRESENTATIVE GRUENBERG expressed appreciation for the
resolution and said he would like to sign as a cross sponsor.
He said former Representative Buchholdt served with distinction.
He said his best friend's late father-in-law was from the
Philippines and graduated from West Point.
CHAIR LYNN said he thinks most of the committee members would be
signing on as cross sponsors.
8:28:23 AM
REPRESENTATIVE PETERSEN noted that he has already signed as a
co-sponsor.
8:28:48 AM
MARIO LIM, testifying in support of SCR 14, said he is the
pastor of Word of Life Christian Center in Juneau. He noted
that he used to work with former Representative Bruce Weyhrauch,
as well as having worked as an environmental engineer with the
Department of Environmental Conservation (DEC). He said the
bill honors Filipinos who have worked and still are working for
Alaska. He relayed that he has two grown children who were born
in Juneau, and he said his wife has worked as a nurse for 37
years. Mr. Lim opined, "This honor has been long overdue." He
said Filipinos love Alaska with all their hearts, which is why
they are passionate about the proposed legislation. He
encouraged the committee to support SCR 14. In response to
Representative P. Wilson, he said he adapted to the environment
in Juneau, and loves living in Juneau. He related that while he
was working for DEC, he met a Filipino man during a trip to
Prudhoe Bay.
8:31:51 AM
CHAIR LYNN, after ascertaining that there was no one else who
wished to testify, closed public testimony.
8:31:59 AM
REPRESENTATIVE GRUENBERG noted that in the committee packet
there is a letter expressing support of SCR 14, written by Jenny
Gomez Strickler, the president of Filipino Community, Inc.
8:32:26 AM
REPRESENTATIVE PETERSEN related that a neighbor of Filipino
descent invited him over for Christmas Eve one year, and that
has become a tradition. He stated, "They're a great group of
people - hard working people and great Alaskans." He said he
will be pleased to cast a yes vote on the proposed legislation.
8:33:10 AM
REPRESENTATIVE PETERSEN moved to report SCR 14 out of committee
with individual recommendations and the accompanying zero fiscal
note. There being no objection, SCR 14 was reported out of the
House State Affairs Standing Committee.
SB 261-ALCOHOLIC BEVERAGE CONTROL BD MEMBERS
8:33:52 AM
CHAIR LYNN announced that the next order of business was CS FOR
SENATE BILL NO. 261(L&C), "An Act relating to the membership of
the Alcoholic Beverage Control Board; and providing for an
effective date."
8:34:05 AM
SENATOR DONNY OLSON, Alaska State Legislature, introduced SB 261
as sponsor. He indicated that the effects of alcohol are more
devastating in rural Alaska, where social services, wellness
programs, and public safety are not sufficient. He stated that
SB 261 would offer another tool with which to address issues
related to alcohol abuse in small communities in rural Alaska.
Senator Olson explained that currently there are five members on
the state's Alcoholic Beverage Control (ABC) Board, two of whom
must represent the general public, and SB 261 would require that
one of those public members is a resident of a rural area. He
said the idea is that a public member who is a resident of a
rural area would have a better understanding of how to address
the issues that exist in rural areas. Senator Olson said there
are 120 people in his community, and in the last six months the
community has experienced two tragedies. He said he sees SB 261
as a mean by which to "raise the profile to this problem in a
public forum" to "relieve some of the pain and suffering that
has already been out there."
8:36:21 AM
TIM BENINTENDI, Staff, Senator Donny Olson, Alaska State
Legislature, offered further information on behalf of
Representative Olson. He explained that the reasoning behind
the proposed legislation is that since the ABC Board addresses
issues related to bars, clubs, and retail operations, it would
be beneficial to have someone from a rural community, where
related problems are acute, to sit on the board. Currently, he
said, the appointment of someone from a rural community to the
board is discretionary.
8:38:47 AM
MR. BENINTENDI, in response to Chair Lynn, said the definition
for "rural area" is found in language on page 2, lines 5-11,
which read as follows:
(2) "rural area" means an area that is not
connected by road or rail to Anchorage or Fairbanks,
that has participated in a local option election under
AS 04.11.491, and
(A) is a city; or
(B) is an established village that is
located in the unorganized borough; for purposes of
this subparagraph, "established village" has the
meaning given in AS 04.21.080.
MR. BENINTENDI, in response to a follow-up question, said under
SB 261, the application process would be open to someone from a
"dry" village.
8:41:12 AM
REPRESENTATIVE GATTO cited a sentence in Section 1, beginning on
line 8, which read as follows:
Two members of the board shall be persons actively
engaged in the alcoholic beverage industry, except
that no member may hold a wholesale license or be an
officer, agent, or employee of a wholesale alcoholic
beverage enterprise.
REPRESENTATIVE GATTO asked, "So, we have pretty much ruled out
the wholesale, and so, where are we left with: retail?"
MR. BENINTENDI offered his understanding that the licensee would
be excluded, but said he imagines the other employees would
qualify.
8:42:44 AM
REPRESENTATIVE JOHNSON observed that the aforementioned language
includes employees of wholesale alcoholic beverage enterprises.
8:42:58 AM
REPRESENTATIVE GATTO then directed attention to the next
sentence, beginning on page 1, line 11, which read as follows:
No three members of the board may be engaged in the
same business, occupation, or profession.
REPRESENTATIVE GATTO said he finds the use of the phrase "No
three" confusing.
8:43:41 AM
MR. BENINTENDI offered his understanding that the language is
written that way to ensure that all three public members are
"apart from the industry."
REPRESENTATIVE GATTO explained that he has trouble with the two
words, "No" and "three", being used together.
8:44:21 AM
REPRESENTATIVE GATTO directed attention to the definition of
rural area on page 2, lines 5-11 [text provided previously]. He
offered his understanding that the language refers to
unorganized boroughs, and he asked if it is the sponsor's intent
to ensure "it is only an unorganized borough."
8:45:02 AM
MR. BENINTENDI said the sponsor's intent was [to include]
established villages inside or outside of a borough. He said he
would discuss the matter with the bill drafter.
8:45:28 AM
REPRESENTATIVE P. WILSON pointed out that SB 261 proposes only a
couple changes to current law. Regarding Representative Gatto's
previous remarks about the phrase "No three", she offered her
understanding that it means no three members of the board may be
engaged in the same business, which would help the board keep
its perspective broad. Representative Wilson said she likes the
bill, and she characterized it as a first step in addressing a
problem.
8:46:34 AM
REPRESENTATIVE GRUENBERG directed attention to the term "city",
on page 2, line 8, and he cited the definition of "city" from AS
29.71.800 (4), which read as follows:
(4) "city" means a general law first or second
class city or a home rule city;
MR. BENINTENDI, in response to Representative Gruenberg,
confirmed that that is the definition the sponsor wishes to use
in SB 261.
REPRESENTATIVE GRUENBERG suggested it may eliminate confusion to
reference that statute within the bill.
MR. BENINTENDI said he does not see a problem with that, but he
said he wants to talk with the bill drafter.
8:48:42 AM
REPRESENTATIVE GRUENBERG, regarding "No three members", on page
1, line 11, said he interprets the phrase to mean that not more
than two members of the board would be allowed to be in the same
profession. In response to Mr. Benintendi, he offered his
understanding that "No three members" cannot mean three or less.
MR. BENINTENDI said he would discuss that with the bill drafter.
REPRESENTATIVE GRUENBERG emphasized the importance of clarifying
the bill sponsor's intent.
8:49:58 AM
REPRESENTATIVE GRUENBERG directed attention to language on page
2, lines 5-7, which would require a "rural area" to have
"participated in a local option election under AS 04.11.491".
He asked what the reason is for that requirement and whether
there are any such areas that would otherwise qualify under the
proposed bill.
8:51:18 AM
MR. BENINTENDI responded that he does not think anyone would be
excluded. He said several communities would qualify under two
and even three of the criteria set out.
REPRESENTATIVE GRUENBERG said that would not be his
interpretation of the way the bill has been drafted, because the
conjunctive "and" follows, which means the definition of rural
area is an area that meets the criteria set out on page 2, lines
5-7 [text provided previously] and is a city or is "an
established village that is located in the unorganized borough".
[SENATOR OLSON nodded.]
REPRESENTATIVE GRUENBERG questioned "why that's in there."
MR. BENINTENDI responded that the language is written thus to
focus on communities most in need.
8:53:22 AM
REPRESENTATIVE SEATON asked what the purposed is of the
requirement that a rural area must have participated in a local
option election.
8:53:53 AM
MR. BENINTENDI answered, "It lends more to the community profile
than looking for individuals with specific experience."
8:54:19 AM
SENATOR OLSON said he would like to address some of the previous
questions of the committee. He said [the ABC Board] is
comprised mainly of people from metropolitan or established
first- or second-class cities. Regarding the local option
election, Senator Olson said it is important to have a member on
the ABC Board who has been involved in an election determining
whether a community will be "dry," "damp," or "wet." Regarding
the unorganized boroughs, he offered his understanding that
there are no cities in a borough that are not either a first- or
second-class city.
8:57:45 AM
SENATOR OLSON, in response to Representative Johnson, offered
his understanding that a community is assumed wet until it has
held a local option election that results in a majority of the
citizens voting to make the community dry.
REPRESENTATIVE JOHNSON pointed out that an individual from a dry
community would be eligible to serve on the ABC Board, which is
responsible for administering liquor licenses.
8:59:09 AM
MR. BENINTENDI admitted to the possibility but questioned the
likelihood of that happening.
REPRESENTATIVE JOHNSON suggested that the proposed legislation
should be changed so that those from dry communities cannot
serve on the board. He said the subject of alcohol in dry
communities should be addressed by law enforcement rather than
by an ABC Board member. He then suggested that the same should
apply to damp communities.
MR. BENINTENDI, in response to Representative Johnson, said
information is available regarding how many rural areas have
held local option elections, and he offered to find out what
that number is.
REPRESENTATIVE JOHNSON expressed concern that the local option
election requirement may make the bill too narrow.
9:01:24 AM
REPRESENTATIVE JOHNSON questioned the meaning of "not connected
by road". He explained that the Alaska Marine Highway is
considered a road when it comes to getting federal money for
Alaska.
MR. BENINTENDI replied that under SB 261, the Alaska Marine
Highway is "excluded from the definition of a road" so that
communities in Southeast Alaska could participate.
9:02:14 AM
REPRESENTATIVE PETERSEN returned to the previous question about
"No three members". He directed attention to language on page
1, line 8, which states that two members of the board "shall be
persons actively engaged in the alcoholic beverage industry".
He posited that if all three public members were also from the
industry, that would stack the board with "industry-friendly
members."
CHAIR LYNN asked Senator Olson if he agrees.
9:03:09 AM
SENATOR OLSON responded, "It's already in statute - the three
members that are there - and so, that's not the constitution of
the bill." He said his interpretation is that it is advisable
to have diverse opinions on a board. He said his intent is to
further broaden the diversity.
9:03:35 AM
REPRESENTATIVE GATTO questioned the use of the word "the", which
precedes "unorganized borough" on page 2, line 9. He asked if
the bill sponsor would like to pluralize "borough" or add "an"
before "borough".
MR. BENINTENDI explained that the language as currently written
is "a term of art" meaning all the areas of the state that are
not organized into a borough or municipality.
9:04:17 AM
REPRESENTATIVE GATTO emphasized the importance of creating
language in the bill that is not open to misinterpretation. He
asked how "No three members of the board may be engaged in the
same business" would be interpreted if, for example, one of the
two members of the board that are required to be actively
engaged in the alcoholic beverage industry happen also to be
from a rural area.
MR. BENINTENDI said although he can see how the existing
language could be interpreted more than one way, the sponsor is
addressing only one of the three public member seats.
REPRESENTATIVE GATTO reiterated the importance of being specific
within the bill language, so that the proposed bill is not
subject to interpretation.
9:06:51 AM
REPRESENTATIVE GRUENBERG, regarding Representative Gatto's
previous question about the use of the phrase "the unorganized
borough", cited AS 29.03.010, which read as follows:
Sec. 29.03.010. Establishment.
Areas of the state that are not within the boundaries
of an organized borough constitute a single
unorganized borough.
REPRESENTATIVE GRUENBERG, regarding the "No three members"
language, said he thinks Representative Gatto is correct that
the language is technically ambiguous. He indicated someone
could think that means that allowing four or five members of the
board to be engaged in the same business would be okay. He
suggested the language should read, "No more than two".
Representative Gruenberg referred again to the definition of
"city", which he had previously read, and he noted that the
definition pertains to a certain title in statute. He
recommended using the definition in SB 261 and referencing the
statute from which the definition came.
9:09:09 AM
SENATOR OLSON concurred, but asked the committee to focus on the
intent of the bill, not to rework existing statute. He said the
intent of the bill is to ensure that there is "a rural
perspective on the board."
9:10:33 AM
REPRESENTATIVE JOHNSON stated that he supports the concept of
the bill, but is concerned that, for example, under SB 261 the
existing board member from Cordova would be excluded. He
explained that he is not certain that Cordova has ever held a
local option election. He said he would like the bill held over
in order to "give the board all the tools they need."
CHAIR LYNN said it appears the bill needs to be held for
amendments to be made.
9:12:48 AM
SENATOR OLSON encouraged the committee to look through the bill
with a fine-tooth comb, but reiterated his request that the
committee concentrate on the portion of statute that he has
proposed to change.
9:13:59 AM
REPRESENTATIVE GATTO indicated that when working on one issue in
a proposed bill, a committee sometimes has the chance to change
related statute to avoid unintended consequences.
9:14:30 AM
REPRESENTATIVE SEATON, regarding organized and unorganized
villages, asked if it is the intention of the bill sponsor to
exclude Nanwalek and Port Graham, for example, which are in the
Kenai Peninsula Borough. He offered his understanding that
those communities have not yet held a [local option] election.
SENATOR OLSON said he is not trying to exclude those
communities.
9:15:38 AM
REPRESENTATIVE P. WILSON remarked, "We have so many organized
boroughs, and everything that's not an organized borough is in
the unorganized borough, and there's only one of them."
9:16:07 AM
REPRESENTATIVE GRUENBERG said the part of the definition of
urban area concerning not being connected by road or rail is
taken from another statute. He urged the bill sponsor to
consider not excluding some communities just because they happen
to be on the road system. He said he would like to give the
governor as much discretion as possible to get a rural member on
the board.
9:18:30 AM
MR. BENINTENDI said communities on the road system are
considered to have better access to remedial services. He said
someone once asked if a person from Auke Bay, within the Juneau
Borough, could serve on the seat proposed by SB 261, but Mr.
Benintendi defined a community as that which has "25 or more
people who exist and operate as a social unit."
9:20:15 AM
REPRESENTATIVE GRUENBERG said he thinks the definition of rural
area needs further consideration. He stated, "Because Auke Bay
is part of the City & Borough of Juneau, so, we can substitute
City & Borough of Juneau for Auke Bay, because that's what we're
talking about. And that is an area that's not connected by road
or rail to Anchorage or Fairbanks, and it is a city."
MR. BENINTENDI responded that a person from Auke Bay could apply
for one of the other two general public seats, "just not the one
we're trying to define." He directed attention to the word
"and" on page 2, line 7, [previously highlighted by
Representative Gruenberg], and noted that the word is not "or".
He stated, "But ... it might be 200 communities in this state
that could take advantage of applying under the criteria we're
trying to establish." He said he would try to access more
accurate community population estimates.
9:21:23 AM
MR. BENINTENDI, in response to Representative Seaton, said
currently an applicant from Juneau could fill one of the other
two general public seats.
REPRESENTATIVE SEATON said he thinks the only exclusion for
Juneau is if the community has never held a local option
election. He then observed that Auke Bay is not excluded
because it is connected by road to Juneau; it is excluded
because it has not held a local option election.
MR. BENINTENDI confirmed that is correct.
9:23:41 AM
DALE FOX, President, CEO, Alaska Cabaret Hotel Restaurant &
Retailer's Association (Alaska CHARR), testified in opposition
to SB 261. He stated that the ABC Board serves an important
regulatory and licensing function in Alaska; it is a detail-
oriented board, which deals with "the minutia of alcohol laws."
Because of this, he expounded, the ABC Board is not the most
exciting board on which to sit, and recruiting members to serve
on it can be difficult. He said historically governors have
done a great job in ensuring a balance in representation on the
board. He said the board member from Cordova already "fits the
description of this bill." He said her name is Belen Cook, and
she works for the Native village of Eyak as a domestic violence
and substance abuse case manager, and is the chair of the annual
sobriety [conference]. He said Ms. Cook has three years left on
her term.
MR. FOX opined that SB 261 is not needed, because there is
already someone representing rural interest. He said some
people may suggest institutionalizing that representation, but
the bill would exclude any community on the road system, those
people in organized boroughs, and those communities that have
not had local option elections. He noted that the original bill
version's stipulation that there be a 4,500 population
requirement that would have excluded the Cities of Bethel,
Barrow, and Kodiak. He explained he is pointing that out in
case anyone is considering adding that back into SB 261. Mr.
Fox opined that SB 261, in its original and current form, is bad
public policy that would tie the hands of the governor.
9:26:41 AM
BRIDIE TRAINOR, Director, Bering Strait Suicide Prevention
Program, Kawerak, Inc., testified in support of SB 261. She
said the forum is grateful for the current diversity of ABC
Board members. She said Senator Olson has done a good job in
"representing the issues in rural Alaska." She concluded, "I
think that considerations regarding law enforcement versus ABC
are valid, but I hope that it will go through this session,
because it's desperately needed."
9:28:11 AM
MR. BENINTENDI, in response to Chair Lynn, confirmed that if SB
261 were passed into law, it would affect newly appointed board
members. He reemphasized that under SB 261, there would still
be two other seats that would serve "the applicants from Cordova
and other places."
9:28:43 AM
REPRESENTATIVE GRUENBERG directed attention to language in
Section 2, which read as follows:
*Sec.2. The uncodified law of the State of Alaska is
amended by adding a new section to read:
TRANSITION. The requirement that at least one
member of the Alcoholic Beverage Control Board be a
resident of a rural area added in AS 04.06.020, as
amended by sec. 1 of this Act, first applies on the
date the first term of office of a board member who
represents the general public expires, and applies
thereafter.
REPRESENTATIVE GRUENBERG stated:
Since the testimony is undisputed that there is
somebody on the board currently who would meet the
requirements, … under … Section 2, that person would
simply continue and meet the requirements of this. Is
not that correct? They wouldn't have to put another
person on, because there's already somebody on the
board that meets [the criteria].
MR. BENINTENDI responded, "If the person fits the criteria and
the governor reappoints them, yes, sir."
REPRESENTATIVE GRUENBERG continued as follows:
Let us say the Cordova representative … is on the
board, and after the bill becomes effective, one of
the other two public member's terms expires. There
would … not have to be a change on the board, because
that person already meets the requirements of this.
MR. BENINTENDI responded:
If the definition that we have in this version holds
fairly much like it is, that local option thing may be
a preclusion. I'm not sure; I don't know the history
of Cordova. But it may be that they could continue or
it may be that one of the other seats would come in
under this bill, and then when that person cycles out,
the governor would be free to appoint outside of this
bill.
REPRESENTATIVE GRUENBERG responded:
But if that person from Cordova does meet the
requirements of this bill on that date, even though
her seat's not up, another … rural person would not
have to be appointed, because [the person from]
Cordova … would already meet the requirements of the
bill.
MR. BENINTENDI said, "I'm not sure. It doesn't state that, so I
guess that's a little Twilight Zone we'd need to address."
9:31:00 AM
SHIRLEY GIFFORD, Director, Alcohol Beverage Control Board,
Department of Public Safety, stated that the administration is
neutral with respect to the proposed legislation. She said
Governor Sean Parnell, and governors in the past, have focused
on obtaining a diverse group of people from across the state to
sit on the board. She said Ms. Cook, from Cordova, is doing an
excellent job representing rural Alaska. She offered her
understanding that under SB 261, Ms. Cook would not qualify to
sit on the board, and she opined that it would be a great loss
if Ms. Cook were to vacate the board. In response to a former
question, she related that there are approximately 108 local
option communities across Alaska. In response to Representative
Johnson, she listed the communities from which the current board
members hail and the expiration dates of their terms. In
response to a follow-up question, she confirmed that the first
available opening on the board will be in 2011.
9:34:03 AM
REPRESENTATIVE SEATON, regarding Ms. Gifford's previous
statement that there are 108 local option communities, asked if
that means 108 communities that are either damp or dry, or if
that means the total number of communities that have ever held
local option elections.
MS. GIFFORD explained that there are five separate local
options: ban sale, community license only, ban sale and
importation, ban possession, and packaged or licensed only. The
aforementioned 108 communities are "scattered across the board"
in terms of which local option they fall under, she said. A
community that bans sale, importation, and possession is a dry
community, and is considered a local option community, while
"all the others who choose one form of local option or another"
are considered damp communities. A community that does not
choose any local option is a wet community.
REPRESENTATIVE SEATON observed that the proposed legislation
does not address the communities that have selected local
option, but addresses communities that have ever had an election
for a local option. He asked if there are communities that have
held a local option election, but did not accept the local
option.
MS. GIFFORD said currently the board keeps count of the local
option communities and which options those communities have
elected. If a community voted down an option in an election,
that community would not be on the board's list, she said.
REPRESENTATIVE SEATON said he would like that information.
9:38:18 AM
CHAIR LYNN closed public testimony. He said he likes the
concept of SB 261, and he hopes the committee can make it work.
He indicated that he would be holding the bill for further work.
9:38:39 AM
REPRESENTATIVE P. WILSON said she does not see the need to hold
SB 261, because the sponsor has clearly stated, through the
language of the bill, what he would like the proposed
legislation to do.
9:39:18 AM
REPRESENTATIVE JOHNSON said he disagrees, because he questions
the proposal to put someone from a community without a liquor
license on the board responsible for issuing liquor licenses.
He reiterated that that is a law enforcement issue, not a liquor
control board issue.
9:40:42 AM
REPRESENTATIVE PETERSEN said he thinks one question that has
been answered is whether there would be enough communities to
qualify under SB 261. He said there may be additional
communities, and that information will be forthcoming. He said
he likes the intent of SB 261 and hopes the committee can get
questions answered and move along the process.
CHAIR LYNN reminded the committee that the sponsor of the bill
had said he had no problem with the bill being held over.
9:41:37 AM
REPRESENTATIVE JOHNSON noted that the House State Affairs
Standing Committee is the only committee of referral that makes
policy, and he encouraged the committee to be expedient, but
also thorough.
9:42:42 AM
REPRESENTATIVE GATTO reiterated that if the bill sponsor's
intent is to have one member of the board from a rural
community, then he would like that specified in the bill. He
said he does not have a problem with the language staying as is,
if that is the sponsor's intent.
9:43:19 AM
REPRESENTATIVE GRUENBERG recalled that Mr. Fox had testified
that it is difficult to get people to serve on the board, and
Representative Gruenberg suggested that the committee consider
giving some discretion to the governor if, for example, there is
no one readily available to fill a board seat. He then directed
attention to language on page 1, line 13, which specifies that
"at least one" of the public members of the board, "shall reside
in a rural area." He stated that there has, for the last few
years, been heavy migration from rural to urban areas. He said
if a person from a rural area who served on the board had to
move to an urban area, that rural seat would immediately be
vacated. He said the migration to an urban area may be just for
a short period of time, for example, to get medical treatment.
Finally, Representative Gruenberg echoed Representative Gatto's
previously stated concern regarding the use of "No three
members". He opined that that language is poorly drafted and
needs attention.
CHAIR LYNN confirmed that Representatives Johnson and Gruenberg
would be working with the bill sponsor.
9:46:20 AM
REPRESENTATIVE GATTO said applications for board seats are sent
to the governor's staff, and that staff member must "govern
eligibility based on the law." Representative Gatto said if the
law is unclear, that could result in that staff member
disqualifying someone. He said the reason for spending so much
time on the bill language is to give clear directions to that
staff person whose assignment is to reject or accept applicants.
He predicted that if the bill language is made clear by the
House State Affairs Standing Committee, then SB 261 will pass
the House floor easily.
9:47:03 AM
REPRESENTATIVE SEATON offered his understanding of the points in
the bill that had previously been highlighted as needing
clarification.
9:48:14 AM
REPRESENTATIVE JOHNSON, in response to Chair Lynn, stated his
preference that a subcommittee not be formed, but rather that
the chair allow him to work with the bill sponsor to answer his
concerns.
CHAIR LYNN invited anyone else on the committee to contact the
bill sponsor to work out issues related to SB 261.
9:48:36 AM
CHAIR LYNN announced that SB 261 was held over.
SB 215-PIONEERS HOME RX DRUG BENEFIT
[Contains mentioned of HB 284.]
9:48:46 AM
CHAIR LYNN announced that the next order of business was SENATE
BILL NO. 215, "An Act requiring the Department of Health and
Social Services to accept federal prescription drug benefits or
to provide comparable benefits for residents of the Alaska
Pioneers' Home."
9:49:40 AM
SENATOR WIELECHOWSKI, Alaska State Legislature, as co-prime
sponsor, noted that HB 284 is a companion bill. He offered a
history of the problem, which SB 215 proposes to address. He
noted that in April 2009, veterans living in the Alaska Pioneer
Homes, who were not able to administer their own medications,
stopped receiving the free or low-cost medications they earned
through the Veterans Administration and were forced to purchase
their medication through the Alaska Pioneer Homes' pharmacies.
The problem, Senator Wielechowski explained, is that the Alaska
Pioneer Homes' pharmacies prepare medication in blister packs,
and the Veterans' Administration does not have the equipment to
do so. The staff at the Alaska Pioneer Homes refused to
administer drugs from bottles, and was not able to put the
medication in blister packs.
SENATOR WIELECHOWSKI said the Department of Health & Social
Services, the Alaska Pioneer Homes, the Veterans Administration,
veterans' advocates, and several members of the legislature
worked together for several months to solve the problem. The
Alaska Pioneer Homes were cooperative, and the chief pharmacist
of the Alaska Veterans Association and chief of staff conducted
in-service visits to the Alaska Pioneer Homes to ensure that the
nurses were properly administering medications directly from the
original bottles from the Veterans Association.
SENATOR WIELECHOWSKI stated that SB 215 seeks to ensure that
this problem does not surface in the future. He stated his
understanding that "this isn't the first time that this has
happened." He said the change of administrations could be a
time when this happens, and that is why "we're seeking to codify
this." Senator Wielechowski related that the bill has a zero
fiscal note and no known opposition. The proposed legislation
is supported by the Office of Veteran Affairs and is a top
legislative priority for the Vietnam Veterans of America. He
offered to answer questions from the committee.
9:53:10 AM
REPRESENTATIVE JOHNSON stated his understanding that the reason
for using blister packs is to eliminate the possibility of
dosing error. He asked if the state would be subjecting itself
to liability by saying it's okay to use bottles.
9:55:00 AM
SENATOR WIELECHOWSKI responded that those who administer
medications at the Alaska Pioneer Homes were concerned about the
possibility of error, but after consideration have decided that
they can administer medication safely from bottles, which is why
they are "supportive of this compromise." He noted that there
are only about a dozen people to which the proposed the
legislation would apply.
9:56:26 AM
REPRESENTATIVE SEATON said when the committee heard the
companion bill, HB 284, he had relayed that he has a relative
who "was in this situation." He expressed concern that the
proposed legislation would be "putting things in statute that
are already taken care of." He said one issue that has not been
addressed is the waste resulting in using blister packs. He
explained that blister packs are made for 31 days, and those
medications not used during months with fewer days are thrown
out, and the value of those discarded medications is not
reimbursed to the person in whose name the prescription is
written.
9:57:20 AM
REPRESENTATIVE P. WILSON said as a nurse, she has "dispensed
drugs like this." She said veterans deserve the free drugs from
the Veterans Association; they should not have to pay for the
same drug because it's in a blister pack. She said she thinks
SB 215 is a good bill.
9:58:38 AM
REPRESENTATIVE GRUENBERG echoed Representative Johnson's concern
about possible liability to the state under SB 215.
9:59:22 AM
SENATOR WIELECHOWSKI responded that "anyone can sue for any
reason at all." He stated, "At some point you have to put some
… confidence in the professionals that are working at the
[Alaska Pioneer] Homes - the nurses that are working there."
Regarding whether or not there would be increased liability, he
said, "I guess someone could administer the wrong blister pack."
9:59:54 AM
REPRESENTATIVE GRUENBERG asked the bill sponsor if he thinks the
legal aspect of the bill had been sufficiently addressed.
10:00:03 AM
SENATOR WIELECHOWSKI responded:
Personally, … as an attorney myself, I don't see it as
burdensome. I don't see it as an additional,
potential liability. You have a professional nurse in
a professional organization who's been working with
the [Alaska Pioneer] Homes, whose working with the
Department of Health & Social Services to figure out a
method to do this. It really is just a matter of
taking a pill out of a bottle and giving it to the
person. And so, obviously if a nurse doesn't do that
correctly, there's potential liability there. I don't
think there's any way you can get around that. If …
they give the person the wrong medicine from a blister
pack, there's potential liability there.
REPRESENTATIVE GRUENBERG expressed satisfaction with Senator
Wielechowski's answer.
10:01:09 AM
VERDIE BOWEN, Director, Office of Veteran Affairs, Department of
Military & Veterans' Affairs (DMVA), testified in support of SB
215. He said several times last year patients had to stop
receiving their medication from the VA. He stated, "Each time a
solution was brought forward, then something new would creep up
from some administrative order or something that would not allow
the patient to receive the medication." Mr. Bowen said what
made the situation worse was that many of the patients involved
could not speak up for themselves because they had Alzheimer's
and dementia, and so their families had to go to their defense.
He affirmed that Senator Wielechowski was correct that the
number of patients affected last year was about a dozen. Mr.
Bowen stated that the intent of the bill is to prevent this
situation from happening again years from now. He credited
Commissioner Hogan as the person who "stood up" and "put forth
the fixes in place." Regarding bottled medicine, Mr. Bowen
explained that the pills are taken out of the bottle and placed
into "ready packs," which he said look like blister packs, but
are packaged for Monday through Sunday. He said he does not
know what liability there would be to the state, but does know
that "this is something that those people have earned and should
continue to receive."
10:03:16 AM
CHAIR LYNN closed public testimony.
10:03:24 AM
REPRESENTATIVE PETERSEN said he thinks it is unfortunate that
some veterans were denied their medication last year, and he
stated his support of SB 215.
10:04:02 AM
CHAIR LYNN reopened public testimony.
10:04:15 AM
DAVE COTE, Director, Central Office, Division of Alaska Pioneer
Homes, stated that the department is neutral regarding SB 215,
because "we are basically already doing this anyway." Regarding
safety, he relayed that while certified nurses' aides are
allowed to dispense from the blister packs, the department has
asked that only nurses dispense the VA and Indian Health
Services medications. Mr. Cote stated that those people who
were charged for the period of May through November were all
refunded and credited back all the money that they were charged.
Mr. Cote, in response to Representative Johnson, said blister
packs increase the amount of money and time required for
dispensing medication and "the VA doesn't do that." In response
to a follow-up question, he said the state uses the blister
packs for safety reasons.
10:07:12 AM
MR. CODY, regarding Representative Seaton's concern about the
wasted medication in a 31-day blister pack, indicated that there
are rules related to whether or not medications can be returned
to pharmacies. He indicated that important factors are whether,
since its release from the pharmacy, the medication stayed at
the proper temperature and was not damaged or tampered with in
any way. He said the department and the pharmacies believe
"this is the right way to go with this."
10:08:11 AM
REPRESENTATIVE GRUENBERG moved to report SB 215 out of committee
with individual recommendations and the accompanying zero fiscal
notes. There being no objection, SB 215 was reported out of the
House State Affairs Standing Committee.
10:09:14 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 10:09
a.m.
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