02/26/2009 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB29 | |
| SB49 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 49 | TELECONFERENCED | |
| *+ | SB 29 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
February 26, 2009
8:59 a.m.
MEMBERS PRESENT
Senator Linda Menard, Chair
Senator Kevin Meyer, Vice Chair
Senator Albert Kookesh
Senator Joe Paskvan
MEMBERS ABSENT
Senator Hollis French
COMMITTEE CALENDAR
SENATE BILL NO. 29
"An Act naming the Capitol Annex the Thomas B. Stewart
Legislative Office Building."
MOVED SB 29 OUT OF COMMITTEE
SENATE BILL NO. 49
"An Act relating to an awareness fund and monetary donation
program for blood donations."
MOVED SB 49 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 29
SHORT TITLE: NAMING THOMAS B. STEWART LEG. OFFICE BLDG
SPONSOR(S): SENATOR(S) ELTON
01/21/09 (S) PREFILE RELEASED 1/9/09
01/21/09 (S) READ THE FIRST TIME - REFERRALS
01/21/09 (S) STA
02/26/09 (S) STA AT 9:00 AM BELTZ 211
BILL: SB 49
SHORT TITLE: BLOOD DONATION AWARENESS FUND
SPONSOR(S): SENATOR(S) MCGUIRE
01/21/09 (S) PREFILE RELEASED 1/9/09
01/21/09 (S) READ THE FIRST TIME - REFERRALS
01/21/09 (S) STA, FIN
02/26/09 (S) STA AT 9:00 AM BELTZ 211
WITNESS REGISTER
SENATOR KIM ELTON
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented SB 29 as prime sponsor
VIC FISCHER, Alaska Constitutional Convention delegate
Former Alaska state senator
Anchorage, AK
POSITION STATEMENT: Spoke in favor of SB 29.
BRUCE BOTELHO, Mayor
City and Borough of Juneau
Juneau, AK
POSITION STATEMENT: Spoke in favor of SB 29.
MARIE DARLIN
Juneau, AK
POSITION STATEMENT: Spoke in favor of SB 29.
CALEB STEWART, Son of Tom Stewart
Juneau, AK
POSITION STATEMENT: Spoke in favor of SB 29.
NANCY DECHERNEY, Director
Juneau Arts and Humanities Council
Juneau, AK
POSITION STATEMENT: Spoke in favor of SB 29.
MICHELLE SIDEMAN
Juneau, AK
POSITION STATEMENT: Spoke in favor of SB 29.
JENNY DAWSON
Juneau, AK
POSITION STATEMENT: Spoke in favor of SB 29.
SENATOR LESIL MCGUIRE
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented SB 49 as sponsor.
MARGARET BAKER, Chief Operating Officer
Blood Bank of Alaska
Anchorage, AK
POSITION STATEMENT: Spoke in favor of SB 49.
WHITNEY BREWSTER, Director
Division of Motor Vehicles
Anchorage, AK
POSITION STATEMENT: Spoke in opposition to SB 49.
COLLEEN BRIDGE, Administrator
Affiliations and Partnerships
Providence Hospital
Anchorage, AK
POSITION STATEMENT: Spoke in favor of SB 49.
TIM BENINTENDI, Member
Alaska Blood Bank Board
Staff to Senator Olson
Juneau, AK
POSITION STATEMENT: Spoke in favor of SB 49.
ACTION NARRATIVE
8:59:48 AM
CHAIR LINDA MENARD called the Senate State Affairs Standing
Committee meeting to order at 8:59 a.m. Senators Kookesh, Meyer,
Paskvan, and Menard were present at the call to order.
SB 29-NAMING THOMAS B. STEWART LEG. OFFICE BLDG
CHAIR MENARD announced the consideration of SB 29.
9:01:15 AM
KIM ELTON, Senator, Alaska State Legislature, said he is the
prime sponsor of SB 29, which names the capitol annex after Tom
Stewart and recognizes his contributions to Alaska. Tom was a
life-long Alaskan. Before Senator Elton votes on anything he
thinks about what Bishop Kennedy and Judge Tom Stewart would do
and how he would explain his actions to them. It has kept him
out of trouble. Judge Stewart was a decorated war veteran. He
was an army captain in World War II. He was in the Tenth
Mountain Division ski troops, using expertise that he developed
in Alaska. Judge Stewart earned both bronze and silver stars,
which are uncommon medals. He served as assistant attorney
general and in the territorial House of Representatives. That is
where he "put together the recipe for how we were going to move
forward on statehood and get a good state constitution." He
traveled around the country on his own dime working with experts
from other states to learn what would make a good constitution.
He served as a state legislator and a superior court judge. He
was known and respected for his character, wisdom, and
leadership. The governor supports the bill. Senator Elton read
the email that he received from former governor Steve Cowper:
Tom Stewart was sui generis, a legal term that means
one-of-a-kind. Born in Juneau and coming of age as he
did, he personified the history of Alaska from the
1920s until his death last year. He participated in
most of that history and influenced events in a way
that called up our better nature. Fortunately the rest
of us got to benefit from his wisdom and decency.
We'll not see his like again.
9:05:42 AM
SENATOR KOOKESH asked if other names have been submitted.
SENATOR ELTON said this is the only name that he is aware of
[for the building]. He struggled with this because there are so
many Alaskans, but for him, he can't think of a better person.
Committee rooms in the legislature are named for people. He
doesn't want to denigrate the contributions of others.
SENATOR KOOKESH said he is supportive.
9:06:55 AM
A five-minute video of Tom Stewart was shown, but the audio was
unclear.
9:13:03 AM
SENATOR ELTON said the video showed images of the people who got
the state going. In a very large way it was because of the
preparatory work of Judge Stewart and a few others that created
Alaska's constitution that is still guiding Alaskan lives.
VIC FISCHER, Alaska Constitutional Convention delegate, former
Alaska state senator, Anchorage, said he strongly supports the
bill. Yesterday, he spoke to a university class on leadership
and the constitution where he emphasized the phenomenal job that
Tom Stewart did. He laid the basis for the constitutional
convention. Mr. Fischer wrote a book about it. Mr. Stewart was
dedicated to making the state and the world better places.
Anyone who has any question about Tom Stewart's contribution to
Alaska should look at his memorial service last April. It
provided a wonderful overview of his life.
9:17:19 AM
CHAIR MENARD said she is aware of the phenomenal job Mr. Fischer
did in the constitutional convention as well.
9:18:00 AM
BRUCE BOTELHO, Mayor, City and Borough of Juneau, said he
supports SB 29 as mayor and as a private citizen. Mr. Stewart
was a war hero serving in the Aleutian and Italian campaigns. He
is even unique in Alaska's history because he is one of a very
few individuals who served with distinction in all three
branches of the government. He began as an assistant attorney
general; he served in the 1955 territorial house and the first
state senate; he was a superior court judge; and he was the
first state court administrator before he was appointed to the
judgeship in Juneau and became the presiding judge for the first
judicial district. But his role in the constitutional convention
is the most significant. A predominant theme of the 1954
elections was statehood, and candidates supporting statehood
were elected. When the majority caucus gathered they decided
that a constitutional convention would be their top priority.
They turned to Tom Stewart as a freshman legislator to carry the
ball. He resigned his position as assistant attorney general and
travelled for the next seven weeks to visit other states and
learn how to organize a constitutional convention.
9:21:11 AM
MAYOR BOTELHO said when the legislature convened in 1955, Mr.
Stewart was named to chair the House Statehood and Federal
Affairs committee. Bill Egan was his counterpart in the Senate.
They met as a joint committee, and Mr. Stewart was the chair.
House Bill 1 passed which became the session laws that called
for the convention and a nonpartisan special election of
delegates. It was to represent large and small areas, and that
was in contrast to how the major cities dominated the
territorial legislature. The convention was held in College,
Alaska, and was limited to 75 days. There was an appropriation
of $300,000 for the convention, which was a large sum at that
time. Mr. Stewart assumed the executive directorship of the
statehood committee and was responsible for all the
preconvention studies and expenditures. He spent the next
several months informing Alaskans about how conventions operated
and getting a sense of what the people wanted. He wrote numerous
articles that were published around the state. He dealt with the
convention logistics.
MAYOR BOTELHO said it was no surprise that Mr. Stewart was
elected as convention secretary. He was responsible for record
keeping and journals; tracking all of the proposals; and
managing the consultants. Delegates got their job done in the
allotted time, and the constitution was ratified two months
later in April of 1956. It took two more years to gain
congressional approval. There are other heroes of the
convention, but Mr. Stewart's painstaking efforts made sure that
Alaska would be poised to have the kind of convention and
constitution that continues to be a model of modern governments.
Alaska owes that to his background efforts and brilliant mind.
Naming the capitol annex after Tom Stewart is very appropriate.
9:25:59 AM
MARIE DARLIN, Juneau, said she supports the bill. Judge Stewart
was just "Tom" to all of us who grew up in Juneau. He was a
friend that everyone valued. The historical society always knew
they could call Tom for help with almost anything or anyone. He
always had the latest address for people because he kept in
touch with everyone. The Pioneer Book committee considered him
their historical consultant. "My call for help or confirmation
of a fact or date always ended up with a wonderful conversation
describing everything I needed to know or that I should have
remembered plus a few humorous comments." The state of Alaska
and Juneau have benefitted from his lifetime contributions. "We
miss him and his smile and will always remember him." It will be
nice that Judge Diamond [Diamond Courthouse] and Judge Stewart
[Capitol Annex] will be across the street from each other.
9:28:05 AM
CALEB STEWART, son of Tom Stewart, Juneau, said he is speaking
for himself and his family. He said a Private in Judge Stewart's
company sent him a letter after reuniting with him at a Tenth
Mountain reunion. The man said he hated officers, but they
became good friends. He sent a letter to Judge Stewart about a
planned memorial for veterans. "I fail to see what all the fuss
is about," the letter said. "These people have been memorialized
along with all the rest of our fatalities in plaster and bronze
and print and word of mouth ... Let us understand ... these
memorials, as with funerals, have nothing to do with the dead.
Alas, they cannot be reached. We employ them to make the living
more comfy. Enough already, Tom."
MR. STEWART said that is important. "Dad isn't here, obviously,
but we are, and a lot of what we do with these things is for us
and future generations." Today he heard a young staffer ask who
Thomas B. Stewart was. Naming a building after someone may give
a person a chance to reflect on what that person did. He would
hope that people won't just walk by a building with someone's
name on it. We are losing the generation of people who made the
state, and these efforts can help future generations remember
who people were and what they did.
9:31:26 AM
CHAIR MENARD said when a building is named after a great
Alaskan, it is a history lesson. Schools are often named after
people and she likes having that kind of history lesson. She
hopes to honor Judge Stewart in this way.
NANCY DECHERNEY, Director, Juneau Arts and Humanities Council,
said she supports SB 29 for all that Tom Stewart and his family
did to support the arts and statehood.
MICHELLE SIDEMAN, Juneau, said she is a long-time admirer of
Judge Stewart. There are some people who are simply an honor to
know. He set the gold standard for goodness and human decency.
He was a public servant in the deepest sense of the word. Judge
Stewart devoted his life to serving his country, state,
community, family, and his extraordinarily large circle of
friends. She doubts there is a complete list of the boards and
organizations he served on or contributed to, or a list of
individuals to whom he personally lent a hand. He was a generous
and highly principled person and a consummate gentleman. It is
fitting to name the capitol annex after a founding father of the
state. It will be a small and daily reminder of Judge Stewart's
great contributions to a state he truly loved.
9:34:23 AM
JENNY DAWSON, Juneau, said she had the privilege of living next
door to Tom Stewart for the last 15 years. He was the most
decent human being she has ever known.
SENATOR MEYER moved to report SB 29 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, SB 29 moved out of committee.
The committee took a brief at-ease.
SB 49-BLOOD DONATION AWARENESS FUND
9:36:09 AM
CHAIR MENARD announced the consideration of SB 49.
9:39:33 AM
LESIL MCGUIRE, Senator, Alaska State Legislature, sponsor, said
SB 49 will help Alaskans help those in need. Five years ago she
passed HB 331 that created a new organ and tissue series of
statutes. It created the Organ and Tissue Donation Awareness
program. The idea came from Life Alaska, which had difficulties
raising money and awareness about the gift of life. The
organization found that when it could reach them, Alaskans were
very generous. The system had been disjointed; people were
offering to donate organs and tissue, but they didn't know they
had to connect into a registry themselves. The bill created a
system for Alaskans to sign up when getting a driver's license,
and then they were put into a trackable state system right away.
It is a state-of-the-art system and something to be proud of.
The Division of Motor Vehicles (DMV) manages it.
9:42:16 AM
SENATOR MCGUIRE said some ask if that is an appropriate use of
state money. She appreciates the hard work of the DMV. There is
no place else to house that database. "Now we're asking to
expand that to blood donation awareness." When receiving a
driver's license, Alaskans are given the opportunity to
voluntarily participate in organ and tissue donation. The intent
is to add blood donors. It is voluntary, and a person can remove
themselves from the list at any time. A person is given the
chance to donate one dollar to the Anatomical Gift Awareness
Fund. Last year it raised over $55,000 for the purpose of
promoting anatomical gifting. The program facilitates public
giving and provides a service that would otherwise be paid for
out of government funds. SB 49 creates an identical program for
blood donations. Annual blood donations are not enough to supply
Alaska's needs. In 2008 more than 25,000 blood donations were
made to the charitable Blood Bank of Alaska, but there is still
not enough to keep pace with the needs. Alaska's blood supply
runs on thin margins. In 2008, Alaska had to import 1,159 units
of blood products from the Lower 48 to meet its inventory needs.
9:45:12 AM
SENATOR MCGUIRE said SB 49 will not be a silver bullet but it
will save Alaskan lives. It is truly a gift of life.
SENATOR KOOKESH asked if the program qualifies for the PFD
giving program.
SENATOR MCGUIRE said that is an excellent idea.
9:46:33 AM
SENATOR PASKVAN said he would support that.
SENATOR MEYER said this is a good bill, but he is concerned
about the mechanics. Page 2, line 15, says that money "may" be
appropriated by the legislature to an organization. It doesn't
say "shall". Will the money be appropriated to the right place?
SENATOR MCGUIRE said funds cannot be dedicated, so "we are
allowed to say maybe." She has concerns, and every year she
watches over the organ and tissue fund to make sure the money
goes to Life Alaska. The day will arrive that it won't happen.
The fund is to promote information about being a blood donor,
"and we hope that the legislature will continue to do that, but
unfortunately because of our constitution our hands are tied in
how we can direct the monies."
9:48:33 AM
CHAIR MENARD said anyone who got a PFD could click and give to
their favorite nonprofit. It can be an avenue for this too.
SENATOR PASKVAN said that if the public is asked to donate to a
specific cause, the state would hold the money in trust and make
distributions as a trustee. This is not general fund money. That
is the distinction that he makes as opposed to tax revenues.
SENATOR MCGUIRE said that is an interesting point. The first
year there was $65,000, "and it hadn't been appropriated." Her
office successfully dislodged that money. Members of the public
donated the money for a specific purpose. If a dedicated fund is
created under a trust, it is very likely that a challenge would
survive constitutional muster for the reasons Senator Paskvan
just stated. "I chose to create it this way so that there
wouldn't be any confusion or any challenge, but you bring up a
really good point ... whether we want to have a section of the
statute that allows the state to serve as trustee for certain
funds such as this." It is a broader question.
9:51:29 AM
SENATOR MEYER said unless someone is watching this money, it
will be used in the general fund. There are other programs like
the Children's Trust, "KID" license plates. People probably
assume that when they buy those, that money is going to programs
for kids. "I think we'd find it's probably not." This is the
only way it can be done because funds can't be dedicated.
SENATOR MCGUIRE said she invites him to use his legal mind to
think about it. She would be open to inserting language in the
bill that would more broadly establish a section of statute for
funds held in public trust. She doesn't know the parameters.
9:52:41 AM
SENATOR MCGUIRE said legislation passed last year to allow
Alaskans to make a donation while filing for their PFD. She
doesn't know if the blood bank is on there.
MARGARET BAKER, Chief Operating Officer, Blood Bank of Alaska,
Anchorage, said the organization is on the PFD donor list. In
terms of the bill, she is aware of the struggle of having enough
of every blood type for the needs of Alaska. The donor pool is
always changing. The blood bank is constantly trying to replace
donors who stop giving and to get repeat donations. The
organization spends a lot of time and money trying to find
dedicated donors so the bank has enough blood to send to
hospitals throughout the state. The inventory has a target of a
five-day blood supply. It is really important because of
Alaska's location. Blood isn't always available from the Lower
48 and there may be transportation problems. The bank wants to
be ready to distribute any blood type that is needed.
9:56:12 AM
SENATOR PASKVAN asked if the PFD donation goes directly to the
organization. He finds it troubling if someone thinks they are
giving a dollar for blood and it goes to building a road because
the legislature thinks it knows how to spend that dollar more
than the citizen who made the donation. "I am 100 percent behind
this, but I don't want the government to get their hands on it."
9:57:28 AM
WHITNEY BREWSTER, Director, Division of Motor Vehicles,
Anchorage, said she supports the spirit of SB 49 and commends
Senator McGuire; however, she asked the committee to consider
the bill's impact on DMV and its customers. When people walk up
to the DMV counter, they are asked if they want to register to
vote, then they are asked if they want to be an organ donor, and
then they are asked if they would like to donate to the
Anatomical Gift Awareness Fund. This will require an additional
question. Transactions are taking longer and longer. With
limited state resources, it is imperative that the DMV focus on
its core services and move people quickly through its doors. She
is concerned about requiring the DMV to ask an additional
question to someone trying to get a driver's license. She is
concerned that the DMV is asking for money on behalf of a
charitable organization. And who is to say this cause is more
important than another? It may open the door to have the DMV
used to raise funds for other charities. People want to get in
and out of the DMV as quickly as possible.
10:00:55 AM
MS. BREWSTER said the Blood Bank of Alaska is on the PFD list
for donations, and that is a great location. People apply for
the PFD from the comfort of their home and can take the time to
decide if they want to give. Commissioner Kreitzer asked the
directors to concentrate on core services. She said she is
committed to working on a solution with Senator McGuire.
10:01:54 AM
CHAIR MENARD said the DMV has an updated list of addresses, and
it is tempting to use it.
SENATOR MEYER said Ms. Brewster brought up a good point that
this is better as a PFD check-off because of having to draw the
line for other charities. The DMV has done a marvelous job of
improving customer relations, and "the last thing I want to do
is slow you guys down." But he thinks the DMV is appropriate
because a lot of blood gets used for traffic accidents. There is
no costs for staff on the fiscal note. There is a cost of $5,000
to modify the computer system.
MS. BREWSTER said the fiscal note is strictly for changing the
DMV database. It is difficult to quantify how much additional
time it will take to ask this new question. This bill merely
establishes the fund for blood awareness; "it's not to provide
any information on the person's license." It is for asking
individuals if they want to give to the fund.
10:05:21 AM
SENATOR MEYER said the DMV is the only agency that makes money
for the state, and it is doing a good job.
SENATOR MCGUIRE said she appreciates Ms. Brewster's hard work.
The bill does not direct DMV in how to do this. Ms. Brewster has
suggested having it on the website for people who renew online.
"Would there be any value, when you do register as an organ and
tissue donor to having any kind of a separate registry for
blood?" She was wondering about other states and if there are
any benefits to doing it that way.
10:06:48 AM
MS. BAKER said there is a benefit in knowing who would be
interested in becoming a blood donor. The bank would contact
those people. It uses the media and public presentations. Any
new inroad to contact an interested blood donor would be good.
CHAIR MENARD asked if other states are doing the same thing.
SENATOR MCGUIRE said other states have awareness funds and they
are always successful. The check-off will be beneficial, but
just last year alone Life Alaska generated $55,000 from this
fund. She noted the link to car accidents and the need for
organs, tissue, and blood, and when someone is asked to
participate there comes an awareness with that. These donate-a-
dollar programs have always been wildly successful.
10:09:08 AM
COLLEEN BRIDGE, Administrator, Affiliations and Partnerships,
Providence Hospital, Anchorage, said she is a registered nurse
and has served on the blood bank board for ten years. Alaska has
high quality health care in more communities now. It is great
for all Alaskans and particularly for rural residents, but it
has increased the demand for blood and blood components. The
Blood Bank of Alaska has expanded its outreach significantly. It
has donation centers in Fairbanks, Soldotna, Anchorage, and
Wasilla, and it has a mobile donation unit. Repeat donations are
essential for hospitals to carry out their missions. Providence
believes SB 49 is a very good bill. Any way to raise awareness
about blood donation is great. Just the act of reading the
request or listening to the person at DMV highlights the fact
that there is a non-profit blood center in Alaska that serves
the entire population. Increasing awareness is as important as
giving the dollar.
10:12:14 AM
CHAIR MENARD noted the concern of a slippery slope of adding
more charities. Alaska has the most nonprofits per capita in the
country. The PFD check-off is new, so she would consider waiting
a few years to see how that works. But she supports it 100
percent and will move it out of committee, but she is nervous
that other worthy causes will make the same request. She noted
the link with car accidents and needing blood. It is perplexing.
SENATOR MCGUIRE said she understands and spoke of the
opportunity to make people aware when they are renewing their
commitment to driving. She had envisioned being handed a card
that would let people know where a person can donate blood. She
understands the slippery slope.
10:14:49 AM
TIM BENINTENDI, Member, Blood Bank of Alaska Board and staff to
Senator Olson, said he has been a regular donor since 1970 and
has given about 26 gallons. He was asked to be on the board.
When things go well, people don't hear about it. The bank is
generally close to having the blood it needs, but natural
disasters and holiday weekends increase the need. The bank has
to buy blood from the Lower 48, and that goes against the grain
of a nonprofit. It can cost hundreds of dollars for a unit of
blood. This promotional vehicle would help assure getting enough
blood. This bill presents a good opportunity. Others would like
to have that opportunity, but organs and blood and traffic
accidents are tied closely together. If a person needs a rare
type of blood, it may not be available in time to help.
10:18:14 AM
SENATOR MEYER moved to report SB 49 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, SB 49 moved from committee.
10:19:18 AM
There being no further business to come before the committee,
Chair Menard adjourned the Senate State Affairs meeting at 10:19
a.m.
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