ALASKA STATE LEGISLATURE                                                                                  
          SENATE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
                         April 11, 2013                                                                                         
                           8:07 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Mike Dunleavy, Chair                                                                                                    
Senator Peter Micciche, Vice Chair                                                                                              
Senator Donald Olson                                                                                                            
Senator Bert Stedman                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Johnny Ellis                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 50(FIN)                                                                                 
"An  Act authorizing  the Alaska  Housing Finance  Corporation to                                                               
allow  certain  commercial  uses   in  a  multi-unit  residential                                                               
housing  development owned  or financed  by  the corporation  and                                                               
limiting  the  Alcoholic  Beverage Control  Board's  issuance  of                                                               
certain  licenses   to  premises   in  the   residential  housing                                                               
development."                                                                                                                   
                                                                                                                                
     - MOVED CSHB  50(FIN) OUT OF COMMITTEE                                                                                     
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 125(L&C) AM                                                                             
"An Act prohibiting  a health care insurer  from denying coverage                                                               
for an  additional limited quantity  of prescription  topical eye                                                               
medication under certain circumstances."                                                                                        
                                                                                                                                
     - MOVED CSHB 125(L&C) AM OUT OF COMMITTEE                                                                                  
                                                                                                                                
HOUSE BILL NO. 147                                                                                                              
"An  Act extending  the reporting  date for  and the  termination                                                               
date of  the Comprehensive Autism  Early Diagnosis  and Treatment                                                               
Task Force; and providing for an effective date."                                                                               
                                                                                                                                
     - MOVED HB 147 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  50                                                                                                                  
SHORT TITLE: MULTI-UNIT HOUSING: COMMERCIAL USE                                                                                 
SPONSOR(s): REPRESENTATIVE(s) COSTELLO                                                                                          
                                                                                                                                
01/16/13       (H)       PREFILE RELEASED 1/11/13                                                                               
01/16/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/13       (H)       L&C, FIN                                                                                               
02/18/13       (H)       BILL REPRINTED 2/18/13                                                                                 
02/27/13       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/27/13       (H)       Moved Out of Committee                                                                                 
02/27/13       (H)       MINUTE(L&C)                                                                                            
03/01/13       (H)       L&C RPT 3DP 1AM                                                                                        
03/01/13       (H)       DP: HERRON, JOSEPHSON, REINBOLD                                                                        
03/01/13       (H)       AM: SADDLER                                                                                            
03/14/13       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/14/13       (H)       Moved CSHB  50(FIN) Out of Committee                                                                   
03/14/13       (H)       MINUTE(FIN)                                                                                            
03/15/13       (H)       FIN RPT CS(FIN) 9DP 1NR 1AM                                                                            
03/15/13       (H)       DP:   MUNOZ,   EDGMON,   GARA,   HOLMES,                                                               
                         THOMPSON, NEUMAN, COSTELLO, STOLTZE,                                                                   
03/15/13       (H)       AUSTERMAN                                                                                              
03/15/13       (H)       NR: T.WILSON                                                                                           
03/15/13       (H)       AM: KAWASAKI                                                                                           
03/20/13       (H)       TRANSMITTED TO (S)                                                                                     
03/20/13       (H)       VERSION: CSHB 50(FIN)                                                                                  
03/21/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/21/13       (S)       L&C, FIN                                                                                               
03/28/13       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/28/13       (S)       -- Meeting Postponed until 4/1/13 4:30                                                                 
                         p.m. --                                                                                                
04/01/13       (S)       L&C AT 4:30 PM BELTZ 105 (TSBldg)                                                                      
04/01/13       (S)       -- Rescheduled from 3/28/13 --                                                                         
04/02/13       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/02/13       (S)       -- MEETING CANCELED --                                                                                 
04/03/13       (S)       L&C AT 5:00 PM BELTZ 105 (TSBldg)                                                                      
04/03/13       (S)       Scheduled But Not Heard                                                                                
04/09/13       (S)       L&C AT 5:30 PM BELTZ 105 (TSBldg)                                                                      
04/09/13       (S)       Heard & Held                                                                                           
04/09/13       (S)       MINUTE(L&C)                                                                                            
04/10/13       (S)       L&C AT 4:30 PM BELTZ 105 (TSBldg)                                                                      
04/10/13       (S)       -- Meeting Postponed to 4/11/13 8:00                                                                   
                         a.m.--                                                                                                 
04/11/13       (S)       L&C AT 8:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 125                                                                                                                  
SHORT TITLE: TOPICAL EYE MEDS PRESCRIPTION REFILLS                                                                              
SPONSOR(s): REPRESENTATIVE(s) HOLMES                                                                                            
                                                                                                                                
02/18/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/13       (H)       L&C                                                                                                    
03/27/13       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/27/13       (H)       Heard & Held                                                                                           
03/27/13       (H)       MINUTE(L&C)                                                                                            
04/01/13       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/01/13       (H)       Moved CSHB 125(L&C) Out of Committee                                                                   
04/01/13       (H)       MINUTE(L&C)                                                                                            
04/02/13       (H)       L&C RPT CS(L&C) 3DP 1NR                                                                                
04/02/13       (H)       DP: HERRON, SADDLER, OLSON                                                                             
04/02/13       (H)       NR: REINBOLD                                                                                           
04/05/13       (H)       TRANSMITTED TO (S)                                                                                     
04/05/13       (H)       VERSION: CSHB 125(L&C) AM                                                                              
04/06/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/06/13       (S)       L&C                                                                                                    
04/09/13       (S)       L&C AT 5:30 PM BELTZ 105 (TSBldg)                                                                      
04/09/13       (S)       Heard & Held                                                                                           
04/09/13       (S)       MINUTE(L&C)                                                                                            
04/10/13       (S)       L&C AT 4:30 PM BELTZ 105 (TSBldg)                                                                      
04/10/13       (S)       -- Meeting Postponed to 4/11/13 8:00                                                                   
                         a.m.--                                                                                                 
04/11/13       (S)       L&C AT 8:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 147                                                                                                                  
SHORT TITLE: EXTEND AUTISM EARLY DIAGNOSIS TASK FORCE                                                                           
SPONSOR(s): REPRESENTATIVE(s) SADDLER                                                                                           
                                                                                                                                
03/01/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/01/13       (H)       HSS                                                                                                    
04/06/13       (H)       HSS RPT 6DP 1NR                                                                                        
04/06/13       (H)       DP: SEATON, PRUITT, KELLER, NAGEAK,                                                                    
                         TARR, HIGGINS                                                                                          
04/06/13       (H)       NR: REINBOLD                                                                                           
04/06/13       (H)       HSS AT 9:00 AM CAPITOL 106                                                                             
04/06/13       (H)       Moved Out of Committee                                                                                 
04/06/13       (H)       MINUTE(HSS)                                                                                            
04/08/13       (H)       TRANSMITTED TO (S)                                                                                     
04/08/13       (H)       VERSION: HB 147                                                                                        
04/09/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/09/13       (S)       L&C                                                                                                    
04/10/13       (S)       L&C AT 4:30 PM BELTZ 105 (TSBldg)                                                                      
04/10/13       (S)       -- Meeting Postponed to 4/11/13 8:00                                                                   
                         a.m.--                                                                                                 
04/11/13       (S)       L&C AT 8:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOSHUA WALTON, Staff                                                                                                            
Representative Mia Costello                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT: Provided  information  related to  HB 50  on                                                             
behalf of the sponsor.                                                                                                          
                                                                                                                                
STACY SHUBERT, Director of Government Relations                                                                                 
Alaska Housing Finance Corporation (AHFC)                                                                                       
Anchorage, AK                                                                                                                   
POSITION  STATEMENT: Offered  to answer  questions related  to HB                                                             
50.                                                                                                                             
                                                                                                                                
CHRISSY MCNALLY, Staff                                                                                                          
Representative Lindsey Holmes                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT: Provided  information related  to HB  125 on                                                             
behalf of the sponsor.                                                                                                          
                                                                                                                                
MICHAEL LEVITT                                                                                                                  
American Academy of Ophthalmology                                                                                               
POSITION  STATEMENT: Provided  supporting information  related to                                                             
HB 125.                                                                                                                         
                                                                                                                                
REPRESENTATIVE DAN SADDLER                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of HB 147.                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:07:27 AM                                                                                                                    
CHAIR  MIKE  DUNLEAVY  called  the   Senate  Labor  and  Commerce                                                             
Standing Committee meeting  to order at 8:07 a.m.  Present at the                                                               
call to order  were Senators Stedman, Micciche,  Olson, and Chair                                                               
Dunleavy.                                                                                                                       
                                                                                                                                
           HB  50-MULTI-UNIT HOUSING: COMMERCIAL USE                                                                        
                                                                                                                                
8:09:00 AM                                                                                                                    
CHAIR  DUNLEAVY announced  the consideration  of  HB 50."An  Act                                                               
authorizing  the  Alaska  Housing Finance  Corporation  to  allow                                                               
certain  commercial  uses  in a  multi-unit  residential  housing                                                               
development  owned or  financed by  the corporation  and limiting                                                               
the  Alcoholic  Beverage  Control  Board's  issuance  of  certain                                                               
licenses to premises in the  residential housing development." He                                                               
noted this was  the second hearing. [CSHB 50(FIN)  was before the                                                               
committee.]                                                                                                                     
                                                                                                                                
8:09:12 AM                                                                                                                    
JOSHUA WALTON, Staff, Representative  Mia Costello, sponsor of HB                                                               
50,  summarized the  intent of  the  bill. He  explained that  it                                                               
gives the  Alaska Housing Finance Corporation  (AHFC) flexibility                                                               
to authorize  certain commercial  uses in  multi-unit residential                                                               
housing   properties  owned   or   leased  by   AHFC.  The   bill                                                               
specifically excludes  particular businesses that are  not deemed                                                               
family friendly. He offered to answer questions.                                                                                
                                                                                                                                
CHAIR  DUNLEAVY  noted  the individuals  who  were  available  to                                                               
answer questions.                                                                                                               
                                                                                                                                
8:10:48 AM                                                                                                                    
STACY SHUBERT,  Director of Government Relations,  Alaska Housing                                                               
Finance  Corporation (AHFC),  introduced herself  and offered  to                                                               
answer questions.                                                                                                               
                                                                                                                                
CHAIR DUNLEAVY found no public testimony and closed it.                                                                         
                                                                                                                                
8:11:33 AM                                                                                                                    
SENATOR  MICCICHE  said he  was  comfortable  with the  bill  and                                                               
thought it  would help make  AHFC properties more  marketable and                                                               
productive.                                                                                                                     
                                                                                                                                
CHAIR  DUNLEAVY  found  no  further  questions  or  comments  and                                                               
solicited a motion.                                                                                                             
                                                                                                                                
8:11:47 AM                                                                                                                    
SENATOR  MICCICHE  moved to  report  CSHB  50, 28-LS0155\O,  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR  DUNLEAVY announced  that  without  objection CSHB  50(FIN)                                                               
moved from the Senate Labor and Commerce Standing Committee.                                                                    
                                                                                                                                
8:12:05 AM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
          HB 125-TOPICAL EYE MEDS PRESCRIPTION REFILLS                                                                      
                                                                                                                                
8:13:18 AM                                                                                                                    
CHAIR  DUNLEAVY   reconvened  the   meeting  and   announced  the                                                               
consideration  of  HB 125.  "An  Act  prohibiting a  health  care                                                               
insurer from denying coverage for  an additional limited quantity                                                               
of   prescription   topical    eye   medication   under   certain                                                               
circumstances."  He  noted this  was  the  second hearing.  [CSHB                                                               
125(L&C) AM was before the committee.]                                                                                          
                                                                                                                                
8:13:46 AM                                                                                                                    
CHRISSY  MCNALLY, Staff,  Representative Lindsey  Holmes, sponsor                                                               
of  HB  125,  summarized  the   bill.  She  said  it  will  allow                                                               
individuals who require prescription  eye medications for chronic                                                               
diseases to  receive refills before the  prescribed renewal date.                                                               
She explained that prescription  eye drops are currently measured                                                               
the  same  as  prescription  pills; one  drop  equals  one  dose.                                                               
Because  drops are  sometimes dispensed  unevenly, an  individual                                                               
may run  out of their  prescription earlier than  their insurance                                                               
provider will pay for a  refill. The bill alleviates that problem                                                               
by requiring health  insurance providers to allow  refills of eye                                                               
drop prescriptions  prior to the  last day of the  dosage period,                                                               
as   long   as   the   refill  is   approved   by   the   doctor.                                                               
Ophthalmologists,  optometrists support  the  bill and  insurance                                                               
providers have no objection to it.                                                                                              
                                                                                                                                
8:14:45 AM                                                                                                                    
SENATOR OLSON asked if she was familiar with scheduled drugs.                                                                   
                                                                                                                                
MS. MCNALLY said no.                                                                                                            
                                                                                                                                
CHAIR  DUNLEAVY  suggested  that  Mr. Levitt  could  address  the                                                               
question.                                                                                                                       
                                                                                                                                
8:15:10 AM                                                                                                                    
MICHAEL  LEVITT, American  Academy  of Ophthalmology,  introduced                                                               
himself.                                                                                                                        
                                                                                                                                
SENATOR OLSON  asked if  he was  an ophthalmologist  and familiar                                                               
with the schedule of drugs.                                                                                                     
                                                                                                                                
MS.  LEVITT  said he  was  not  an  ophthalmologist, but  he  was                                                               
familiar with the schedule of drugs.                                                                                            
                                                                                                                                
SENATOR  OLSON asked  where prescription  eye drops  fell on  the                                                               
schedule of controlled substances.                                                                                              
                                                                                                                                
MR. LEVITT acknowledged that some  prescription eye drops fall in                                                               
the  controlled substance  category, but  that isn't  the typical                                                               
practice. When that category  is prescribed, it's postoperatively                                                               
for a  limited period of time.  He said the bill  is intended for                                                               
things  like glaucoma  and other  chronic  diseases. The  regular                                                               
practice in  ophthalmology does  not require  the chronic  use of                                                               
pain killers.                                                                                                                   
                                                                                                                                
8:16:48 AM                                                                                                                    
SENATOR OLSON  asked if  the bill would  apply to  a prescription                                                               
for a corneal anesthetic.                                                                                                       
                                                                                                                                
MR. LEVITT said yes, but a  person typically would not be on that                                                               
sort of medication for more than 30 days.                                                                                       
                                                                                                                                
SENATOR OLSON  asked what  kind of  controls or  safeguards there                                                               
would be for somebody who has glaucoma.                                                                                         
                                                                                                                                
MR.  LEVITT  explained  the treatment  for  glaucoma.  Drops  are                                                               
prescribed to  regulate the pressure  in the eye and  the patient                                                               
is asked to come back for routine  checkups to see if the drug is                                                               
working.  If  the  drops  don't work,  there  are  more  invasive                                                               
interventions with lasers or scalpels.                                                                                          
                                                                                                                                
SENATOR OLSON said  his question is how a person  can continue to                                                               
get refills if the pressure isn't under good control.                                                                           
                                                                                                                                
MR.  LEVITT  said  there  are  hundreds  of  different  types  of                                                               
glaucoma, and the  patient normally wouldn't go  blind for years.                                                               
If the pressure rises gradually,  the ophthalmologist will adjust                                                               
the medications.                                                                                                                
                                                                                                                                
SENATOR OLSON asked about narrow angle glaucoma.                                                                                
                                                                                                                                
MR. LEVITT  said there would  be immediate intervention  for that                                                               
serious and acute glaucoma.                                                                                                     
                                                                                                                                
SENATOR OLSON asked how many other states have this.                                                                            
                                                                                                                                
MS.  MCNALLY  said   four  other  states  have   a  similar  law:                                                               
Connecticut, Maryland, New Mexico, and New York.                                                                                
                                                                                                                                
8:21:57 AM                                                                                                                    
CHAIR  DUNLEAVY  found no  public  testimony  and closed  it.  He                                                               
solicited a motion.                                                                                                             
                                                                                                                                
8:22:04 AM                                                                                                                    
SENATOR MICCICHE  moved to report  CSHB 125,  28-LS0431\O.A, from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
8:22:22 AM                                                                                                                    
SENATOR  STEDMAN  objected to  question  the  version before  the                                                               
committee.                                                                                                                      
                                                                                                                                
8:22:48 AM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
8:23:15 AM                                                                                                                    
CHAIR DUNLEAVY reconvened the meeting.                                                                                          
                                                                                                                                
SENATOR STEDMAN withdrew his objection.                                                                                         
                                                                                                                                
SENATOR OLSON  commented that having  practiced medicine  in Bush                                                               
Alaska he fully  appreciates how serious it can be  to run out of                                                               
medication. He said he stands in full support of the bill.                                                                      
                                                                                                                                
8:23:56 AM                                                                                                                    
CHAIR DUNLEAVY  announced that  without objection,  CSHB 125(L&C)                                                               
AM moved from the Senate Labor and Commerce Standing Committee.                                                                 
                                                                                                                                
8:24:10 AM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
        HB 147-EXTEND AUTISM EARLY DIAGNOSIS TASK FORCE                                                                     
                                                                                                                                
8:25:49 AM                                                                                                                    
CHAIR DUNLEAVY  announced the  consideration of  HB 147.  "An Act                                                               
extending the reporting date for  and the termination date of the                                                               
Comprehensive Autism  Early Diagnosis  and Treatment  Task Force;                                                               
and providing for an effective date."  He noted that this was the                                                               
first hearing.                                                                                                                  
                                                                                                                                
8:26:14 AM                                                                                                                    
REPRESENTATIVE DAN SADDLER,  sponsor of HB 147,  said the purpose                                                               
of the bill is to extend  the reporting date of the Comprehensive                                                               
Autism Early  Diagnosis and Treatment  Task Force to  January 15,                                                               
2015. He  explained that autism  is a neural  behavioral disorder                                                               
characterized  by  diminished  communication and  social  skills,                                                               
which often manifest early in  life. Although it is incurable, it                                                               
is treatable. Studies  show that early treatment  can improve the                                                               
life prospects  of those with  autism, save the state  money, and                                                               
keep families together.                                                                                                         
                                                                                                                                
He explained that  the nine-member task force  was established to                                                               
make recommendations to the legislature  for the development of a                                                               
statewide  plan  to  support early  diagnosis  and  treatment  of                                                               
autism. They  were charged with making  recommendations for draft                                                               
legislation  to  provide  coverage  to  the  greatest  number  of                                                               
Alaskans,  for evaluating  the fiscal  effects of  the proposals,                                                               
and for analyzing how the  Patient Protection and Affordable Care                                                               
Act will affect the recommendations.                                                                                            
                                                                                                                                
8:27:48 AM                                                                                                                    
SENATOR OLSON asked what the  task force accomplished in the last                                                               
year.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  SADDLER  explained  that the  task  force  hasn't                                                               
accomplished  anything  other  than initial  organizational  work                                                               
because  the  members  weren't  approved  by  both  bodies  until                                                               
November 2012.                                                                                                                  
                                                                                                                                
SENATOR MICCICHE  remarked that  this is a  group of  very active                                                               
individuals  who have  been working  to help  families struggling                                                               
with autism long  before the task force was formed.  He said it's                                                               
safe to say that they've already accomplished quite a lot good.                                                                 
                                                                                                                                
SENATOR STEDMAN noted that the expiration had passed.                                                                           
                                                                                                                                
REPRESENTATIVE  SADDLER   agreed  and  noted   the  retroactivity                                                               
clause.                                                                                                                         
                                                                                                                                
8:29:48 AM                                                                                                                    
SENATOR STEDMAN  encouraged the sponsor to  engage the leadership                                                               
team to ensure that the bill doesn't  get held up the last day of                                                               
the session.                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER acknowledged the suggestion.                                                                             
                                                                                                                                
8:30:20 AM                                                                                                                    
CHAIR DUNLEAVY found no public testimony and asked for a motion.                                                                
                                                                                                                                
8:30:28 AM                                                                                                                    
SENATOR  MICCICHE  moved  to report  HB  147,  28-LS0438\A,  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR  DUNLEAVY announced  that without  objection, HB  147 moved                                                               
from the Senate Labor and Commerce Standing Committee.                                                                          
                                                                                                                                
8:30:47 AM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Dunleavy adjourned the Senate Labor and Commerce Standing                                                                 
Committee meeting at 8:30 a.m.