ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 26, 2008                                                                                        
                           9:06 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lesil McGuire, Chair                                                                                                    
Senator Gary Stevens, Vice Chair                                                                                                
Senator Hollis French                                                                                                           
Senator Lyda Green                                                                                                              
Senator Con Bunde                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 260(STA)                                                                                                  
"An Act relating to a  State Officers Compensation Commission and                                                               
establishing  how  legislators,   the  governor,  the  lieutenant                                                               
governor, and  executive department  heads shall  be compensated;                                                               
providing for an effective date  by repealing the effective dates                                                               
of certain  sections of ch. 124,  SLA 1986; and providing  for an                                                               
effective date."                                                                                                                
     MOVED CSHB 260(STA) OUT OF COMMITTEE                                                                                       
                                                                                                                                
SENATE BILL NO. 181                                                                                                             
"An  Act  relating  to  the   Uniform  Anatomical  Gift  Act,  to                                                               
anatomical gifts,  to donations to the  anatomical gift awareness                                                               
fund, to  a registry  of anatomical  gifts, and  to organizations                                                               
that handle the  procurement, distribution, or storage  of all or                                                               
a part of an individual's body."                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE JOINT RESOLUTION NO. 12                                                                                                  
Opposing proposed changes to the  interpretation of the Passenger                                                               
Vessel  Services Act  of  June  19, 1886,  by  the United  States                                                               
Department  of Homeland  Security, Bureau  of Customs  and Border                                                               
Protection,  affecting  cruise   itineraries  of  foreign-flagged                                                               
vessels transporting passengers to ports in Alaska.                                                                             
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 260                                                                                                                  
SHORT TITLE: STATE OFFICERS COMPENSATION COMMISSION                                                                             
SPONSOR(S): REPRESENTATIVE(S) DOOGAN                                                                                            
                                                                                                                                
05/15/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
05/15/07       (H)       STA, FIN                                                                                               
01/17/08       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
01/17/08       (H)       Heard & Held                                                                                           
01/17/08       (H)       MINUTE(STA)                                                                                            
01/19/08       (H)       STA AT 11:00 AM CAPITOL 106                                                                            
01/19/08       (H)       Moved CSHB 260(STA) Out of Committee                                                                   
01/19/08       (H)       MINUTE(STA)                                                                                            
01/22/08       (H)       STA RPT CS(STA) 1DP 3NR 2AM                                                                            
01/22/08       (H)       DP: ROSES                                                                                              
01/22/08       (H)       NR: JOHNSON, JOHANSEN, LYNN                                                                            
01/22/08       (H)       AM: COGHILL, DOLL                                                                                      
01/30/08       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
01/30/08       (H)       Moved CSHB 260(STA) Out of Committee                                                                   
01/30/08       (H)       MINUTE(FIN)                                                                                            
01/31/08       (H)       FIN RPT CS(STA)  2DP 2DNP 4NR 1AM                                                                      
01/31/08       (H)       DP: CRAWFORD, NELSON                                                                                   
01/31/08       (H)       DNP: STOLTZE, KELLY                                                                                    
01/31/08       (H)       NR: GARA, THOMAS, MEYER, CHENAULT                                                                      
01/31/08       (H)       AM: HAWKER                                                                                             
02/08/08       (H)       TRANSMITTED TO (S)                                                                                     
02/08/08       (H)       VERSION: CSHB 260(STA)                                                                                 
02/11/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/11/08       (S)       STA, FIN                                                                                               
02/21/08       (S)       STA AT 9:00 AM BELTZ 211                                                                               
02/21/08       (S)       Heard & Held                                                                                           
02/21/08       (S)       MINUTE(STA)                                                                                            
02/26/08       (S)       STA AT 9:00 AM BELTZ 211                                                                               
                                                                                                                                
BILL: SB 181                                                                                                                  
SHORT TITLE: ANATOMICAL GIFTS                                                                                                   
SPONSOR(S): SENATOR(S) MCGUIRE                                                                                                  
                                                                                                                                
05/15/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/15/07       (S)       HES, STA, JUD                                                                                          
02/11/08       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
02/11/08       (S)       Moved CSSB 181(HES) Out of Committee                                                                   
02/11/08       (S)       MINUTE(HES)                                                                                            
02/15/08       (S)       HES RPT CS  4DP    SAME TITLE                                                                          
02/15/08       (S)       DP: DAVIS, ELTON, THOMAS, DYSON                                                                        
02/26/08       (S)       STA AT 9:00 AM BELTZ 211                                                                               
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
KARL KURTZ, Researcher                                                                                                          
National Conference of State Legislatures (NCSL)                                                                                
Washington D.C.                                                                                                                 
POSITION STATEMENT: Presented data on legislative salaries.                                                                   
                                                                                                                                
TREVOR FULTON, Staff                                                                                                            
to Senator Lesil McGuire                                                                                                        
Alaska State Legislature                                                                                                        
Juneau AK                                                                                                                       
POSITION STATEMENT: Presented SB 181.                                                                                         
                                                                                                                                
MICHAEL GERAGHTY, Commissioner                                                                                                  
Uniform Law Commission                                                                                                          
Anchorage AK                                                                                                                    
POSITION STATEMENT: Presented information on SB 181.                                                                          
                                                                                                                                
BRUCE ZALNERAITIS, Chief Executive Officer                                                                                      
Life Alaska Donor Services                                                                                                      
Anchorage AK                                                                                                                    
POSITION STATEMENT: Spoke in favor of SB 181.                                                                                 
                                                                                                                                
WHITNEY BREWSTER, Director                                                                                                      
Division of Motor Vehicles (DMV)                                                                                                
Anchorage AK                                                                                                                    
POSITION STATEMENT: Presented information on SB 181.                                                                          
                                                                                                                                
ROBERTA PYRAH, Mother of an organ donor                                                                                         
Palmer AK                                                                                                                       
POSITION STATEMENT: Spoke in favor of SB 181.                                                                                 
                                                                                                                                
ROBERT MEYER, Heart recipient                                                                                                   
Anchorage AK                                                                                                                    
POSITION STATEMENT: Spoke in favor of SB 181.                                                                                 
                                                                                                                                
SCHAEFFER COX                                                                                                                   
Fairbanks AK                                                                                                                    
POSITION STATEMENT: Spoke of the sanctity of life.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  LESIL MCGUIRE  called the  Senate  State Affairs  Standing                                                             
Committee  meeting  to order  at  9:06:01  AM. Senators  Stevens,                                                             
French, Bunde,  and McGuire  were present at  the call  to order.                                                               
Senator Green arrived later.                                                                                                    
                                                                                                                                
         HB 260-STATE OFFICERS COMPENSATION COMMISSION                                                                      
                                                                                                                              
CHAIR MCGUIRE announced the consideration  of HB 260. [Before the                                                               
committee was CSHB 260(STA).]                                                                                                   
                                                                                                                                
9:07:09 AM                                                                                                                    
KARL   KURTZ,   Researcher,    National   Conference   of   State                                                               
Legislatures (NCSL),  Washington D.C.,  said he  does not  take a                                                               
position  on  HB 260  but  will  give perspective  on  legislator                                                               
salaries and compensation commissions  throughout the country. It                                                               
is not  easy to estimate  salaries for state  legislators because                                                               
there  are per  diem payments  and other  payments to  get around                                                               
constitutional limits  in salaries.  There is also  the political                                                               
issue  of legislators  raising their  own salaries.  He tries  to                                                               
figure out  what the IRS requires  taxes on, so in  his estimates                                                               
he includes  salary, unvouchered expense payments,  and per diem.                                                               
He excludes leadership and committee chair compensation.                                                                        
                                                                                                                                
9:10:12 AM                                                                                                                    
SENATOR FRENCH asked what an unvouchered expense is.                                                                            
                                                                                                                                
MR.  KURTZ said  some  states offer  office  expenses that  don't                                                               
require  submission of  a voucher  so the  money can  be used  as                                                               
income.  He then  referred to  a map  of the  states showing  the                                                               
estimates of  what legislators are  paid. There are  seven states                                                               
that pay  legislators over $60,000  per year. Another  seven pays                                                               
$45,000 to  $60,000. Alaska  falls into  the middle  with between                                                               
$30,000  and  $45,000.  Eleven states  pay  between  $15,000  and                                                               
$30,000. There  are nine states  that pay less than  $15,000. New                                                               
Hampshire legislators get $100 per year. The ranges are broad.                                                                  
                                                                                                                                
SENATOR BUNDE asked  if he included the regular  salary of Alaska                                                               
legislators plus the long-term per diem.                                                                                        
                                                                                                                                
MR.  KURTZ   said  Alaska's   director  of   Legislative  Affairs                                                               
estimates an average of $33,000 for Alaska legislators.                                                                         
                                                                                                                                
9:13:29 AM                                                                                                                    
SENATOR BUNDE said that number  probably includes legislators who                                                               
claim no long-term per diem and  others who claim it nearly every                                                               
day. He asked if that per diem is considered as salary.                                                                         
                                                                                                                                
MR. KURTZ  said yes, and  that emphasizes  the fact that  all the                                                               
numbers are estimated averages. The  next map divides states into                                                               
three  levels of  "professionalization." Some  states have  full-                                                               
time  legislators with  compensation to  allow them  not to  work                                                               
outside the office.  They also have a large staff,  and there are                                                               
ten  states  in  that  category. There  are  16  classic  citizen                                                               
legislatures  including  New  Hampshire  and most  of  the  Rocky                                                               
Mountain States, and  they are very part time, have  low pay, and                                                               
have  very few  staff. Almost  half of  the states  are a  hybrid                                                               
between the two. Alaska is in that category.                                                                                    
                                                                                                                                
9:16:51 AM                                                                                                                    
MR.  KURTZ referred  to a  list of  compensation. The  average is                                                               
close to $40,000  in the hybrid category, and Alaska  is close to                                                               
that.  The highest  paid category  averages  $75,000. There  have                                                               
been  substantial   pay  increases  in  each   category,  but  by                                                               
correcting for  inflation, Congress has  had cuts and  the states                                                               
have stayed  about the same. Alaska  has had pay cuts  since 1972                                                               
based   on  inflation.   In  most   states  the   legislature  is                                                               
responsible for  setting their own  salaries. Most states  do not                                                               
have a salary commission. His  map is color-coded, and the darker                                                               
the color  the more  the legislature  has the  responsibility for                                                               
its salary. The salmon-colored states  have commissions that make                                                               
salary recommendations,  and then the legislature  votes on them.                                                               
The third  category (pink)  shows states  that have  a commission                                                               
that can act,  but the legislature, governor, or  voters have the                                                               
right to reject  the decisions of the  commission. He understands                                                               
that HB 260 is similar.                                                                                                         
                                                                                                                                
9:21:26 AM                                                                                                                    
MR.  KURTZ said  the fourth  category of  states ties  legislator                                                               
salaries  to some  type of  index,  like an  economic index.  The                                                               
salaries are  thus automatic. Washington  State has  a commission                                                               
that sets  salaries every two years,  and the only way  to change                                                               
it is with a voter initiative of the people.                                                                                    
                                                                                                                                
SENATOR  STEVENS said  there have  been enormous  ethical issues,                                                               
lawsuits,  and prison  terms in  Alaska. He  asked if  a lack  of                                                               
ethics is tied to unfair compensation.                                                                                          
                                                                                                                                
MR. KURTZ said that would be  difficult to prove. Congress is the                                                               
only body  that bans  all outside income.  That is  the principle                                                               
that  allows  them  to  pay  enough,  and  Congress  has  ethical                                                               
problems. He  doesn't think  a correlation  can be  drawn between                                                               
corruption and pay.                                                                                                             
                                                                                                                                
9:24:58 AM                                                                                                                    
CHAIR MCGUIRE asked if California bans outside income.                                                                          
                                                                                                                                
MR. KURTZ said no,  but it may have a ban  on honoraria. A farmer                                                               
or attorney, for example, can still earn their incomes.                                                                         
                                                                                                                                
9:25:46 AM                                                                                                                    
SENATOR BUNDE moved Amendment  1, labeled 25-LS0659\K.3, Bullard,                                                               
2/25/08, as follows:                                                                                                            
                                                                                                                                
   Page 2, line 1, following "place of":                                                                                        
        Insert "permanent"                                                                                                  
                                                                                                                                
   Page 2, line 4, following "allowance":                                                                                       
        Insert ", except that those whose place of permanent                                                                
   residence is  within 50  miles of  a location  in which  the                                                             
   legislature is convened  in regular or  special session  are                                                             
   not entitled to a per diem allowance for that session"                                                                   
                                                                                                                                
   Page 2, lines 6 - 7:                                                                                                         
        Delete "applicable to all legislators"                                                                                  
        Insert "[APPLICABLE TO ALL LEGISLATORS]"                                                                                
                                                                                                                                
   Page 2, line 10, following "council.":                                                                                       
        Insert "The policy may not provide for the                                                                          
   reimbursement  of   moving   expenses  or   per   diem   for                                                             
   legislators whose place of residence  is within 50 miles  of                                                             
   a location in which the  legislature is convened in  regular                                                             
   or special session for that session."                                                                                    
                                                                                                                                
   Page 5, following line 10:                                                                                                   
        Insert a new subsection to read:                                                                                        
        "(c)  A recommendation of the commission may not have                                                                   
   the  effect  of  allowing   a  legislator  whose  place   of                                                                 
   permanent residence  is within  50 miles  of a  location  in                                                                 
   which the  legislature is  convened  in regular  or  special                                                                 
   session to receive compensation  in the form  of a per  diem                                                                 
   allowance or  reimbursement  for moving  expenses  for  that                                                                 
   session."                                                                                                                    
                                                                                                                                
CHAIR MCGUIRE objected for discussion purposes.                                                                                 
                                                                                                                                
SENATOR  BUNDE   said  he  believes  in   truth-in-labeling,  and                                                               
compensation  that  is  taxed  should not  be  called  per  diem.                                                               
Amendment 1  asks the commission  to look  at that. The  staff at                                                               
Legislative Legal Services  told him that "we  actually cannot do                                                               
that, even though  leg council is a creature  of the legislature,                                                               
we  can't tell  them, apparently,  what to  do when  it comes  to                                                               
deciding  what is  salary  and  what is  per  diem."  He said  he                                                               
narrowed the amendment to focus on  the intent of per diem, which                                                               
is when  someone must move  to a temporary  residence. Currently,                                                               
people who  live in  Juneau are  paid per diem.  It is  likely an                                                               
attempt  to   equalize  salaries,   but  it  is   not  accurately                                                               
described. The  amendment is an  attempt to "suggest that  if you                                                               
live within  50 miles of  where the legislature is  convened, and                                                               
I'm will to discuss the distance  … [you] ought not to be subject                                                               
to a per diem allowance." A 50-mile commute can be done daily.                                                                  
                                                                                                                                
CHAIR MCGUIRE said the amendment  is before the committee and the                                                               
letter [of intent] will be discussed separately.                                                                                
                                                                                                                                
9:29:18 AM                                                                                                                    
SENATOR  FRENCH said  this battle  has  come up  before, and  the                                                               
topic  is exactly  what the  commission should  do. There  may be                                                               
some  places  near  Juneau  cut  off from  the  road  system.  He                                                               
appreciates treating  everyone fairly,  but this  is a  topic for                                                               
the commission, "not us here on the fly."                                                                                       
                                                                                                                                
SENATOR GREEN said she agrees.                                                                                                  
                                                                                                                                
SENATOR  BUNDE said  he appreciates  that view,  and "I  think it                                                               
makes my point: we ought to  be telling the commission they ought                                                               
to study this and that amendment would do that."                                                                                
                                                                                                                                
A roll call  vote was taken. Senators McGuire and  Bunde voted in                                                               
favor of  Amendment 1,  and Senators  Green, French,  and Stevens                                                               
voted against it. Amendment 1 failed on a vote of 2 to 3.                                                                       
                                                                                                                                
9:31:13 AM                                                                                                                    
CHAIR MCGUIRE said  the letter of intent is  before the committee                                                               
and she asked Senator Bunde if he wants to offer it.                                                                            
                                                                                                                                
SENATOR  BUNDE offered  Conceptual  Amendment  2. The  commission                                                               
should have  a broad  scope, but  because of  the problem  of the                                                               
legislative council  not being,  apparently, under  the direction                                                               
of the legislature,  he wants the commission  to review long-term                                                               
per diem to see if it is more accurately defined as salary.                                                                     
                                                                                                                                
CHAIR  MCGUIRE  asked why  Senator  Bunde  thinks the  commission                                                               
won't have that authority.                                                                                                      
                                                                                                                                
9:32:05 AM                                                                                                                    
SENATOR BUNDE said without this  letter the commission may choose                                                               
to ignore the issue.                                                                                                            
                                                                                                                                
SENATOR GREEN asked if Senator  Bunde said legislative legal told                                                               
him that long-term per diem is salary.                                                                                          
                                                                                                                                
SENATOR  BUNDE  said no.  They  said  long-term per  diem  versus                                                               
salary is  a creature of  the legislative council, "and  we can't                                                               
tell them to  change that." The council has chosen  the term, and                                                               
he thinks it  is a subterfuge to say that  legislators don't have                                                               
a big  salary, but  he was told  that IRS sees  it as  salary. He                                                               
said he is just suggesting  the commission review the accuracy of                                                               
those terms.                                                                                                                    
                                                                                                                                
CHAIR MCGUIRE  said it  is a  directive, and  she feels  that the                                                               
committee has  made it  clear on the  record that  the commission                                                               
will look at  all compensation. There may be  legitimate per diem                                                               
expenses like  gas or  other things to  do legislative  work. Her                                                               
concern is telling the commission it must redefine it.                                                                          
                                                                                                                                
9:34:30 AM                                                                                                                    
SENATOR BUNDE said the word "encourage" can replace "shall".                                                                    
                                                                                                                                
CHAIR  MCGUIRE asked  why  this would  be  highlighted above  any                                                               
other subject.                                                                                                                  
                                                                                                                                
SENATOR BUNDE  noted that  any accountant will  say what  we call                                                               
long-term per  diem is salary.  It is accuracy in  labeling. When                                                               
the term was put in, it was a subterfuge to hide salaries.                                                                      
                                                                                                                                
The committee took an at-ease from 9:35:59 AM to 9:37:46 AM.                                                                
                                                                                                                                
SENATOR  BUNDE said  he  can count,  and  he withdrew  Conceptual                                                               
Amendment 2.                                                                                                                    
                                                                                                                                
SENATOR MCGUIRE asked the record  to reflect that good statements                                                               
have been made.                                                                                                                 
                                                                                                                                
SENATOR  FRENCH  moved  to  report HB  260  from  committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, CSHB 260(STA) passed out of committee.                                                                      
                                                                                                                                
                    SB 181-ANATOMICAL GIFTS                                                                                 
                                                                                                                                
CHAIR MCGUIRE announced the consideration  of SB 181. She said it                                                               
is a uniform clean-up bill.                                                                                                     
                                                                                                                                
TREVOR   FULTON,  Staff   to   Senator   McGuire,  Alaska   State                                                               
Legislature,  Juneau, said  SB 181  is  a technical  bill. It  is                                                               
straightforward and aims to save  lives. It updates and clarifies                                                               
the statutes  dealing with  anatomical gifts  in order  to ensure                                                               
that badly  needed organ  and tissue donations  get to  those who                                                               
need them.  There have been  significant changes in  the donation                                                               
and transplant  field, and  SB 181 draws  on the  federal Uniform                                                               
Anatomical  Gift Act,  which  is  a very  good  template and  has                                                               
harmonized anatomical gift laws in  all 50 states. In drafting SB                                                               
181, he worked  with the Department of Law,  Department of Health                                                               
and Social  Services, the state  medical examiner's  office, Life                                                               
Alaska  Donor  Services,  and  representatives  of  the  National                                                               
Conference of  Commissioners on  Uniform State  Laws to  ensure a                                                               
sound piece  of legislation. Currently, 180  Alaskans are waiting                                                               
for organ  donations, and  hundreds more  are waiting  for tissue                                                               
transplants.  SB  181  encourages and  facilitates  badly  needed                                                               
donations, which  can save and  improve lives all over  the state                                                               
and country.                                                                                                                    
                                                                                                                                
9:41:17 AM                                                                                                                    
SENATOR  BUNDE said  he supported  other organ  and tissue  donor                                                               
bills, and he asked why there is this third bill.                                                                               
                                                                                                                                
MR. FULTON  said it is  not extending  power or authority.  It is                                                               
bringing Alaska statutes up to speed with the federal act.                                                                      
                                                                                                                                
9:42:43 AM                                                                                                                    
MICHAEL   GERAGHTY,   Commissioner,   Uniform   Law   Commission,                                                               
Anchorage, said  the original act  was passed  in 1968 by  all 50                                                               
states. There  are a lot  of experiences  to draw on  since then.                                                               
There  have been  changes with  electronic records,  for example.                                                               
The revised act  was just promulgated by  the National Conference                                                               
of Uniform Law Commissioners in 2006,  and it has been adopted in                                                               
over 20  states in  substantially the  same form  as SB  181. The                                                               
bill  strengthens  first-person  consent  for  organ  and  tissue                                                               
donations. It bars others from  revoking a gift once the decision                                                               
has been  made. Gifts  by family members  are facilitated  if the                                                               
deceased has not  acted to refuse to make an  anatomical gift. It                                                               
can include a health care agent  or a grandchild, for example. If                                                               
a person  has not refused to  make a gift, the  act clarifies who                                                               
can make a  decision on his or her behalf.  The bill outlines how                                                               
donor  registries  can  be used,  and  identification  cards  are                                                               
authorized.  A  number  of states  have  created  state-sponsored                                                               
registries, and Alaska is one of those states.                                                                                  
                                                                                                                                
9:45:57 AM                                                                                                                    
MR.  GERAGHTY  said  SB 181  provides  for  coordination  between                                                               
procurement  organizations and  medical  examiners. The  language                                                               
minimizes  conflicts   when  a  potential  donor   is  under  the                                                               
jurisdiction of the medical examiner.  It clarifies how the donor                                                               
organization  can  work with  the  medical  examiner's office  to                                                               
maximize the  chances of  getting a  donation. The  bill includes                                                               
rules  to  deal  with  those kinds  of  potential  conflicts.  It                                                               
harmonizes  the   uniform  act  with  federal   law  and  current                                                               
practices, including the use of do-not-resuscitate directives.                                                                  
                                                                                                                                
9:47:32 AM                                                                                                                    
CHAIR MCGUIRE asked him to discuss uniform laws.                                                                                
                                                                                                                                
MR. GERAGHTY said  the Uniform Law Commission began  in 1916, and                                                               
it  identifies  topics  where  uniform  laws  would  benefit  the                                                               
states.  He  noted the  uniform  commercial  codes. The  National                                                               
Conference of Commissioners  drafts laws that need  to be uniform                                                               
across all  states. Each state has  representative commissioners.                                                               
After much deliberation  the group creates a uniform  act for the                                                               
states  to   use.  Uniformity  is  really   important  for  organ                                                               
donation. Transplant decisions need to  be made within minutes or                                                               
hours of someone's  death. The donor may be  in one jurisdiction,                                                               
the recipient  in another,  and the families  may be  in another.                                                               
With no  time to  spare, uniformity  is critical  in facilitating                                                               
the  transplantation. The  original act  worked effectively,  but                                                               
things have been  learned so the national  conference updated the                                                               
act in 2006.  Many states have acted quickly in  adopting it, and                                                               
he sincerely hopes Alaska joins them.                                                                                           
                                                                                                                                
9:50:02 AM                                                                                                                    
SENATOR STEVENS said most people  go outside for a transplant. He                                                               
understands harmonizing. Are there more transplants in Alaska?                                                                  
                                                                                                                                
BRUCE  ZALNERAITIS, Chief  Executive Officer,  Life Alaska  Donor                                                               
Services,  Anchorage, said  Alaska does  many tissue  transplants                                                               
but  no organ  transplants.  Most are  done  in specific  Seattle                                                               
hospitals.  Expertise  is  needed to  perform  these  procedures,                                                               
including the  surgery and post-operative  care. When  an Alaskan                                                               
is a  donor, the  organs are  made available  to patients  in the                                                               
Northwest, which includes Alaskans.                                                                                             
                                                                                                                                
SENATOR STEVENS  surmised that this  law will not have  an impact                                                               
on Alaska hospitals, but will impact Alaska donors.                                                                             
                                                                                                                                
MR. ZALNERAITIS  said the  donation would be  made in  Alaska and                                                               
then shipped to the center.                                                                                                     
                                                                                                                                
9:52:59 AM                                                                                                                    
MR.  ZALNERAITIS  said there  are  100,000  patients waiting  for                                                               
organs,  and about  180  are  Alaskans. About  18  people in  the                                                               
United States  die each day  while waiting for a  transplant that                                                               
never  comes. SB  181 will  update the  act, remove  obstacles by                                                               
defining who  can grant consent,  and recognizes the  benefits of                                                               
donor  registries. Alaska  has a  very successful  donor registry                                                               
with 330,000 Alaskans that grows by  about 800 per week. The bill                                                               
prioritizes  donations  over  research   and  education,  and  it                                                               
further improves the  relationship between donation organizations                                                               
and the medical examiner, who plays a key role.                                                                                 
                                                                                                                                
9:54:47 AM                                                                                                                    
SENATOR BUNDE said  if there are 800 donors each  week, one needs                                                               
to assume there are far  more driver's licenses issued each week,                                                               
so  "we  probably  ought  to  assure  that  people  are  actually                                                               
accurate in their application."                                                                                                 
                                                                                                                                
WHITNEY  BREWSTER, Director,  Division of  Motor Vehicles  (DMV),                                                               
said she does not oppose this legislation.                                                                                      
                                                                                                                                
SENATOR BUNDE asked if there are 800 new donors per week.                                                                       
                                                                                                                                
9:56:00 AM                                                                                                                    
MS. BREWSTER said she doesn't know,  but the bulk of the registry                                                               
comes through the DMV, and it is close to 90 percent.                                                                           
                                                                                                                                
MR. ZALNERAITIS  said the  DMV provides more  than 98  percent of                                                               
all people signing up as donors.                                                                                                
                                                                                                                                
ROBERTA PYRAH,  Mother of  an organ donor,  Palmer AK,  noted the                                                               
importance of  the registry. Her  son died  in 2001. When  he got                                                               
his driver's  license that year he  was asked if he  wanted to be                                                               
an  organ donor.  He  joked about  it.  Unfortunately six  months                                                               
later the  decision was put upon  her and her husband  for making                                                               
her son  an organ and tissue  donor, based on what  he would have                                                               
done  himself.  It is  important  to  know about  the  transplant                                                               
process  and  to  know that  it  is  not  a  scary thing.  It  is                                                               
something to  help others. She  is proud that her  son's donation                                                               
has saved a  life and improved the lives  of thirteen individuals                                                               
in the Northwest.  It is important that youth know  about it, and                                                               
the registry with the DMV is very important.                                                                                    
                                                                                                                                
9:59:43 AM                                                                                                                    
ROBERT MEYER,  Heart recipient, Anchorage,  said he  has received                                                               
two heart transplants in 2003  from the University of Washington.                                                               
He  has two  special families  to thank  for his  continued life.                                                               
Streamlining  the  process  of   organ  and  tissue  donation  is                                                               
extremely important.  The faster  the process moves,  the better,                                                               
because  the  wait is  agonizing.  In  hind  sight his  wait  was                                                               
relatively short. His  first transplant failed on  the table, and                                                               
he was  kept alive by  a machine for four  days, and then  he was                                                               
fortunate enough to receive a  second transplant from a young man                                                               
in Montana.  There is a  young child  in California who  has been                                                               
waiting for two years. Anything that  can be done to simplify and                                                               
create uniformity would be very helpful.                                                                                        
                                                                                                                                
10:02:47 AM                                                                                                                   
SCHAEFFER COX,  Fairbanks, said he flew  down on a whim  to visit                                                               
the capital  and he happened to  sit in on this  hearing. He said                                                               
SB  181 is  great,  but he  said to  maintain  a vigilant  stance                                                               
toward  the sanctity  of  human  life and  never  slide off  into                                                               
valuing one  life over  another. Make  sure there  are provisions                                                               
that  recognize the  sanctity of  human  life in  the bill.  Some                                                               
people  may be  deemed  somehow less  worthy  for shear  economic                                                               
reasons.  In some  countries,  prisons have  been  the source  of                                                               
organ transplants.                                                                                                              
                                                                                                                                
CHAIR MCGUIRE  said this bill  is a  cleanup bill, but  there are                                                               
laws governing  who can give  and how. Any profit  or involuntary                                                               
donations are not allowed.                                                                                                      
                                                                                                                                
10:05:30 AM                                                                                                                   
SENATOR GREEN  said this  bill strengthens  that by  referring to                                                               
"after death" instead of "on death".                                                                                            
                                                                                                                                
CHAIR  MCGUIRE said  she  will set  SB 181  aside  to let  people                                                               
understand it.                                                                                                                  
                                                                                                                                
The committee was adjourned at 10:06:22 AM.