Legislature(1995 - 1996)

1996-05-02 House Journal

Full Journal pdf

1996-05-02                     House Journal                      Page 4244
SB 301                                                                       
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 301(FIN) am                                            
An Act relating to postsecondary education; and providing for an              
effective date.                                                                
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT  1DP 4NR 1AM                                             4102         
	ZERO FISCAL NOTE (DOE)                                           4102         
	4 SEN FISCAL NOTES (REV, 3-DOE) 4/19/96                          4102         
	SENATE FISCAL NOTE #3 (DOE) 4/2/96                               4102         

1996-05-02                     House Journal                      Page 4245
SB 301                                                                       
Amendment No. 1 was offered by Representative Bunde:                           
                                                                               
Page 4, following line 26:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 7.  AS14.42.200(9) is amended to read:                            
		(9)  collect from a borrower amounts owed with respect                      
to a student loan held by the corporation ªHAS PURCHASEDß;"                
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 5, line 13, following "corporation,":                                     
	Insert "used to pay the costs of administration of the fund,"             
                                                                               
Page 5, line 14:                                                               
	Delete "and"                                                                  
	Insert "ªANDß"                                                                
                                                                               
Page 5, lines 14 and 15:                                                       
	Delete "AS 14.43.090 - 14.43.325, 14.43.600 - 14.43.700, or                   
14.43.710 - 14.43.790."                                                        
	Insert "AS 14.43, and used to pay the costs of administering the            
loans and of collecting delinquent loans if those costs are not                
recovered from the borrower ªAS14.43.090 - 14.43.325, 14.43.600 -            
14.43.700, or 14.43.710 - 14.43.790ß."                                         
                                                                               
Page 8, line 17:                                                               
	Delete "commission"                                                           
	Insert "corporation ªCOMMISSIONß"                                         
                                                                               
Page 12, line 7:                                                               
	Delete "scholarship"                                                          
	Insert "student ªSCHOLARSHIPß"                                            
                                                                               
Page 13, line 18, following "14.43.325":                                       
	Insert "and for the purposes allowed under AS 14.42.210"                  
                                                                               
                                                                               
Page 14, line 7:                                                               
	Delete "scholarship"                                                          
	Insert "student ªSCHOLARSHIPß"                                            
                                                                               

1996-05-02                     House Journal                      Page 4246
SB 301                                                                       
Page 15, line 15, following "14.43.700":                                       
	Insert "and for the purposes allowed under AS14.42.210"                   
                                                                               
Page 15, line 29, following "boards":                                          
	Insert ","                                                                
                                                                               
Page 16, lines 1 - 4:                                                          
	Delete "loans; ªTHE FORM MUST INCLUDE A                                       
REQUIREMENT THATß the applicant must provide ªSUPPLYß a                    
high school academic transcript and a statement of intent to enter a           
teaching career at the elementary or secondary school level in the             
state."                                                                        
	Insert "loans ª; THE FORM MUST INCLUDE A                                      
REQUIREMENT THAT THE APPLICANT SUPPLY A HIGH                                   
SCHOOL ACADEMIC TRANSCRIPT AND A STATEMENT OF                                  
INTENT TO ENTER A TEACHING CAREER AT THE                                       
ELEMENTARY OR SECONDARY SCHOOL LEVEL IN THE                                    
STATEß."                                                                       
                                                                               
Page 16, lines 13 - 15:                                                        
	Delete                                                                        
		"(4)  submit to the local school board an application on a                
form provided by the corporation ªCOMMISSIONß under                      
AS14.43.630(a)(2); an application may be submitted six months                  
before graduation from high school; and"                                       
	Insert                                                                        
		"(4)  submit to the local school board an application on a                
form provided by the corporation ªCOMMISSIONß under                      
AS14.43.630(a)(2); the applicant shall supply a high school                  
transcript and a statement of intent to enter a teaching career                
at the elementary or secondary school level in the state ªAN                 
APPLICATION MAY BE SUBMITTED SIX MONTHS BEFORE                                 
GRADUATION FROM HIGH SCHOOLß; and"                                             
                                                                               
Page 16, lines 28 - 30:                                                        
	Delete "to pay the costs of collecting family education loans that            
are in default if those costs are not recovered from the family, and to        
pay the costs of administering the account"                                    
      Insert "and for the purposes allowed under AS14.42.210 ªTO           
PAY THE COSTS OF COLLECTING FAMILY EDUCATION                                   
LOANS THAT ARE IN DEFAULT IF THOSE COSTS ARE NOT                               

1996-05-02                     House Journal                      Page 4247
SB 301                                                                       
RECOVERED FROM THE FAMILY, AND TO PAY THE COSTS                                
OF ADMINISTERING THE ACCOUNTß"                                                 
                                                                               
Page 17, following line 6:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 41.  AS14.43.730 is amended to read:                              
	Sec. 14.43.730.  ADMINISTRATION.  The family education                       
loan program shall be administered by the corporation                      
[COMMISSIONß under regulations that it adopts."                                
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 18, line 21:                                                              
	Delete "or the start"                                                         
                                                                               
Page 20, line 25, following "Corporation":                                 
	Delete "ªCOMMISSION ON POSTSECONDARY EDUCATIONß"                              
	Insert "or the predecessor Commission on Postsecondary                    
Education"                                                                     
                                                                               
Page 20, line 28, following "Corporation":                                 
	Delete "ªCOMMISSION ON POSTSECONDARY EDUCATIONß"                              
	Insert "or the predecessor Commission on Postsecondary                    
Education"                                                                     
                                                                               
Page 20, line 30:                                                              
	Delete "commission"                                                           
	Insert "corporation ªCOMMISSIONß"                                         
                                                                               
Page 21, line 9:                                                               
	Delete "commission"                                                           
	Insert "corporation ªCOMMISSIONß"                                         
                                                                               
Page 21, line 10:                                                              
	Delete "commission"                                                           
	Insert "corporation ªCOMMISSIONß"                                         
                                                                               
Page 21, line 18:                                                              
	Delete "sec. 46"                                                              
	Insert "sec. 48"                                                              
                                                                               

1996-05-02                     House Journal                      Page 4248
SB 301                                                                       
Page 22, line 8:                                                               
	Delete "sec. 58"                                                              
	Insert "sec. 60"                                                              
                                                                               
Page 22, line 14:                                                              
	Delete "sec. 58"                                                              
	Insert "sec. 60"                                                              
                                                                               
Page 23, line 2:                                                               
	Delete "Section 56(c)"                                                        
	Insert "Section 58(c)"                                                        
                                                                               
Page 23, line 3:                                                               
	Delete "sec. 57"                                                              
	Insert "sec. 59"                                                              
                                                                               
Representative Bunde moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
The question being:  Shall Amendment No. 1 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSSB 301(FIN) am                                                               
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  0   ABSENT:  4                              
                                                                               
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan,         
James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek,              
Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg,        
Therriault, Toohey, Vezey, Williams                                            
                                                                               
Absent:  Moses, Mulder, Sanders, Willis                                        
                                                                               
And so, Amendment No. 1 was adopted.                                           
                                                                               

1996-05-02                     House Journal                      Page 4249
SB 301                                                                       
Amendment No. 2 was offered by Representative Elton:                           
                                                                               
Page 2, following line 11:                                                     
	Insert new bill sections to read:                                             
   "* Sec. 2.  AS14.07.020(a) is amended by adding a new paragraph           
to read:                                                                       
		(16)  administer the provisions of AS14.48 (regulation of                   
postsecondary educational institutions).                                       
   * Sec. 3.  AS14.07.020 is amended by adding a new section to              
read:                                                                          
	(c)  The department has the following functions, advisory to                 
the governing boards of institutions of public and private higher              
education in the state, to the governor, the legislature, and to other         
appropriate state and federal officials:                                       
		(1)  coordinate the development of comprehensive plans                      
for the orderly, systematic growth of public and private                       
postsecondary education, including community colleges and                      
occupational education, in the state and submit recommendations                
on the need for, and location of, new facilities and programs;                 
		(2)  advise as to the functions and purposes of the colleges                
and universities, both public and private, in the state and counsel            
as to the programs appropriate to each; and                                    
		(3)  review and advise as to the working of all consortia                   
and other cooperative agreements between the institutions of                   
higher education in the state that are parties to them.                        
   * Sec. 4.  AS14.07.030 is amended by adding a new paragraph to            
read:                                                                          
		(14)  establish task forces, committees, or subcommittees,                  
not necessarily consisting of department officers or employees, to             
advise and assist the department in carrying out its postsecondary             
functions assigned by AS14.07.020(a) and (c), and federal statute.             
The department may contract with, or use, existing institutions of             
higher education or other individuals or organizations to make                 
studies, conduct surveys, submit recommendations, or otherwise                 
contribute to the work of the department.                                      
   * Sec. 5.  AS14.07 is amended by adding new sections to read:             
	Sec. 14.07.032.  CONSORTIA.  All parties that are signatory                  
to a consortium agreement between the University of Alaska and                 
a private university or college must abide by a decision rendered              
by the department when disagreements arise or exist between the                
parties.   For  purposes  of  this  section  and  AS14.07.020,                 

1996-05-02                     House Journal                      Page 4250
SB 301                                                                       
"consortium" means a cooperative arrangement between two or                   
more public or private institutions of higher education specified in           
agreements or memoranda of understanding to permit sharing of                  
facilities, instructional opportunities, and other educational services        
in such a way that the integrity of each institution party to the              
consortium is preserved while at the same time the institutions                
cooperatively plan the academic calendar, scheduling, use of                   
personnel and facilities, and educational programs and offerings to            
the maximum advantage of the students and faculties of the                     
institutions that are parties to a consortium.                                 
	Sec. 14.07.033.  COLLECTION OF DATA.  The department                         
may require the institutions of public and private higher education            
and other institutions of postsecondary education in the state to              
submit data on costs, selection and retention of students,                     
enrollments, plant capacities and use, and other matters pertinent             
to effective planning and coordination, and shall furnish                      
information concerning these matters to the governor, to the                   
legislature, and to other state and federal agencies as requested by           
them."                                                                         
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 2, lines 22 - 25:                                                         
	Delete all material and insert:                                               
	"Sec. 14.42.120.  CORPORATION GOVERNING BODY.  (a)                           
The corporation shall be governed by a board of directors                      
consisting of the commissioner of revenue, the commissioner of                 
administration, a person representing the Department of Education              
appointed by the governor, and four members of the public                      
appointed by the governor.  The governor's appointees shall serve              
at the pleasure of the governor for staggered four-year terms."                
                                                                               
                                                                               
Page 4, following line 26:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 11.  AS14.42.200(9) is amended to read:                           
		(9)  collect from a borrower amounts owed with respect                      
to a student loan held by the corporation ªHAS PURCHASEDß;"                
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               

1996-05-02                     House Journal                      Page 4251
SB 301                                                                       
Page 5, line 13, following "corporation,":                                     
	Insert "used to pay the costs of administration of the fund,"             
                                                                               
Page 5, lines 14 and 15:                                                       
	Delete "AS 14.43.090 - 14.43.325, 14.43.600 - 14.43.700, or                   
14.43.710 - 14.43.790."                                                        
	Insert "AS 14.43, and used to pay the costs of administering the            
loans and of collecting delinquent loans if those costs are not                
recovered from the borrower ªAS14.43.090 - 14.43.325, 14.43.600 -            
14.43.700, or 14.43.710 - 14.43.790ß."                                         
                                                                               
Page 8, line 17:                                                               
	Delete "commission"                                                           
	Insert "corporation ªCOMMISSIONß"                                         
                                                                               
Page 12, line 7:                                                               
	Delete "scholarship"                                                          
	Insert "student ªSCHOLARSHIPß"                                            
                                                                               
Page 15, line 20, following "loans":                                           
	Insert "and for the purposes allowed under AS14.42.210"                   
                                                                               
Page 16, lines 1 - 4:                                                          
	Delete "loans; ªTHE FORM MUST INCLUDE A                                       
REQUIREMENT THATß the applicant must provide ªSUPPLYß a                    
high school academic transcript and a statement of intent to enter a           
teaching career at the elementary or secondary school level in the             
state."                                                                        
	Insert "loans ª; THE FORM MUST INCLUDE A                                      
REQUIREMENT THAT THE APPLICANT SUPPLY A HIGH                                   
SCHOOL ACADEMIC TRANSCRIPT AND A STATEMENT OF                                  
INTENT TO ENTER A TEACHING CAREER AT THE                                       
ELEMENTARY OR SECONDARY SCHOOL LEVEL IN THE                                    
STATEß."                                                                       
                                                                               
Page 16, lines 13 - 15:                                                        
	Delete                                                                        
		"(4)  submit to the local school board an application on a                
form provided by the corporation ªCOMMISSIONß under                      
AS14.43.630(a)(2); an application may be submitted six months                  
before graduation from high school; and"                                       

1996-05-02                     House Journal                      Page 4252
SB 301                                                                       
	Insert                                                                        
		"(4)  submit to the local school board, at least three                    
months before graduation from high school, an application on               
a form provided by the corporation ªCOMMISSIONß under                    
AS14.43.630(a)(2); the applicant shall supply a high school                  
transcript and a statement of intent to enter a teaching career                
at the elementary or secondary school level in the state ªAN                 
APPLICATION MAY BE SUBMITTED SIX MONTHS BEFORE                                 
GRADUATION FROM HIGH SCHOOLß; and"                                             
                                                                               
Page 16, lines 28 - 30:                                                        
	Delete "to pay the costs of collecting family education loans that            
are in default if those costs are not recovered from the family, and to        
pay the costs of administering the account"                                    
      Insert "and for the purposes allowed under AS14.42.210 ªTO           
PAY THE COSTS OF COLLECTING FAMILY EDUCATION                                   
LOANS THAT ARE IN DEFAULT IF THOSE COSTS ARE NOT                               
RECOVERED FROM THE FAMILY, AND TO PAY THE COSTS                                
OF ADMINISTERING THE ACCOUNTß"                                                 
                                                                               
Page 17, following line 6:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 45.  AS14.43.730 is amended to read:                              
	Sec. 14.43.730.  ADMINISTRATION.  The family education                       
loan program shall be administered by the corporation                      
[COMMISSIONß under regulations that it adopts."                                
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 17, line 25, through page 19, line 13:                                    
	Delete all material and insert new bill sections to read:                     
   "* Sec. 49.  AS14.48.010(a) is amended to read:                           
	(a)  It is the purpose of this chapter to provide for the                    
protection, education, and welfare of the citizens of the state, its           
postsecondary educational institutions, and its students, by                   
		(1)  establishing minimum standards concerning quality of                   
education, ethical and business practices, health and safety, and              
fiscal responsibility, to protect against substandard, transient,              
unethical, deceptive, or fraudulent institutions and practices;                
		(2)  prohibiting the granting of false or misleading                        
educational credentials;                                                       

1996-05-02                     House Journal                      Page 4253
SB 301                                                                       
		(3)  regulating the use of academic terminology in                          
designating educational institutions;                                          
		(4)  prohibiting misleading literature, advertising,                        
solicitation, or representation by educational institutions or their           
agents;                                                                        
		(5)  providing for the preservation of essential academic                   
records; and                                                                   
		(6)  providing certain rights and remedies to the public                    
and the department ªCOMMISSIONß necessary to carry out the                 
purposes of this chapter.                                                      
   * Sec. 50.  AS14.48.020 is amended to read:                               
	Sec. 14.48.020.  AUTHORIZATION AND PERMITS                                   
REQUIRED.  A person may not                                                    
		(1)  operate a postsecondary educational institution in the                 
state unless the institution has a valid authorization to operate              
issued under this chapter or is exempt from the provisions of this             
chapter;                                                                       
		(2)  offer itself or through an agent enrollment or                         
instruction in, or the granting of educational credentials from, a             
postsecondary educational institution, whether the institution is in           
or outside the state, unless the agent is a natural person and has a           
currently valid agent's permit issued under this chapter or is                 
exempt from the provisions of this chapter;                                    
		(3)  accept contracts or enrollment applications of                         
prospective students from an agent who does not have a current                 
permit as required by this chapter; however, the department                
[COMMISSIONß may adopt regulations to permit the rendering of                  
legitimate public information services without a ªTHEß permit;             
		(4)  instruct or educate, ªORß offer to instruct or educate,                
enroll or offer to enroll, contract or offer to contract or award an           
educational credential, or contract with an institution or person to           
do so, in or outside the state, unless that person is in compliance            
with the minimum standards set out in AS14.48.060, the criteria                
established by the department ªCOMMISSIONß under                           
AS14.48.050(1), and the regulations adopted by the department              
[COMMISSIONß under AS14.48.050(7);                                             
		(5)  use the term "university" or "college" without                         
authorization to do so from the department ªCOMMISSIONß;                   
		(6)  grant, or offer to grant, educational credentials ª,ß                  
without authorization to do so from the department                         
[COMMISSIONß.                                                                  

1996-05-02                     House Journal                      Page 4254
SB 301                                                                       
   * Sec. 51.  AS14.48.030(b) is amended to read:                            
	(b)  The following educational programs or services and                      
educational institutions are exempt from the provisions of this                
chapter or portions of them, as determined by the department               
[COMMISSIONß:                                                                  
			(1)  education sponsored by a bona fide trade,                             
business, labor, professional, or fraternal association or                     
organization, recognized by the department, ªCOMMISSIONß and               
conducted solely for that association's or organization's                      
membership ª,ß or offered on a no-fee basis;                                   
		(2)  education solely avocational or recreational in nature                 
and institutions offering avocational or recreational education                
exclusively;                                                                   
		(3)  education offered by charitable organizations,                         
recognized by the department ªCOMMISSIONß, if the education                
is not advertised or promoted as leading toward educational                    
credentials;                                                                   
		(4)  nonprofit postsecondary educational institutions                       
offering undergraduate or graduate educational programs                        
conducted in the state, but not by correspondence, that ªWHICHß            
are acceptable for credit toward an associate, bachelor's, or                  
graduate degree;                                                               
		(5)  postsecondary educational institutions established,                    
operated, and governed by the United States, a state, or its political     
subdivisions.                                                                  
   * Sec. 52.  AS14.48.040 is amended to read:                               
	Sec. 14.48.040.  DEPARTMENT ªCOMMISSIONß TO                              
ADMINISTER CHAPTER.  The commissioner of education                         
[ALASKA COMMISSION ON POSTSECONDARY                                            
EDUCATIONß shall administer this chapter and may hire                          
necessary personnel.  The department ªCOMMISSIONß may                      
obtain from departments, commissions, and other state agencies                 
information and assistance needed to carry out the provisions of               
this chapter.                                                                  
   * Sec. 53.  AS14.48.050 is amended to read:                               
	Sec. 14.48.050.  POWERS AND DUTIES OF                                        
DEPARTMENT ªCOMMISSIONß.  The department                               
[COMMISSIONß shall                                                             
		(1)  establish minimum criteria consistent with                             
AS14.48.060 including quality of education, ethical and business               
practices, health and safety, and fiscal responsibility that applicants        

1996-05-02                     House Journal                      Page 4255
SB 301                                                                       
for authorization to operate, or for an agent's permit, must meet             
before the authorization or permit is issued;                                  
		(2)  receive, investigate, and act upon applications for                    
authorization to operate postsecondary educational institutions and            
applications for agent's permits;                                              
		(3)  maintain a list of postsecondary educational                           
institutions and agents authorized to operate in the state under this          
chapter;                                                                       
		(4)  keep current and make available as public information                  
the list of institutions and agents;                                           
		(5)  enter into interstate reciprocity agreements with                      
similar agencies in other states ª,ß if in the judgment of the                 
department ªCOMMISSIONß the agreements will be helpful in                  
carrying out the purposes of this chapter;                                     
		(6)  receive and maintain as a permanent file, copies of                    
academic records maintained in accordance with                                 
AS14.48.060(b)(6);                                                             
		(7)  adopt regulations and procedures necessary or                          
appropriate for the conduct of its work and the implementation of              
this chapter under AS44.62 (Administrative Procedure Act);                     
		(8)  investigate on its own initiative, or in response to a             
complaint lodged with it, persons subject to ª,ß or reasonably                 
believed by the department ªCOMMISSIONß to be subject to ª,ß               
the jurisdiction of this chapter; ªANDß in connection with the                 
investigation subpoena persons, books, records, or documents                   
related to the investigation; require answers in writing under oath            
to questions propounded by the department ªCOMMISSIONß and                 
administer oaths or affirmations to persons in connection with the             
investigation; and, for the purpose of examination at all reasonable           
times, shall have access to, and the right to copy, documentary                
evidence of a corporation that is under investigation or being                 
proceeded against;                                                             
		(9)  exercise other necessary powers and duties in                          
conformity with the provisions of this chapter that, in the judgment           
of the department ªCOMMISSIONß, are necessary to carry out                 
the provisions of this chapter.                                                
   * Sec. 54.  AS14.48.060 is amended to read:                               
	Sec. 14.48.060.  MINIMUM STANDARDS.  (a)  In                                 
establishing the criteria required by AS14.48.050(1), the                      
department ªCOMMISSIONß shall require compliance with the                  
minimum standards set out in (b) of this section.                              

1996-05-02                     House Journal                      Page 4256
SB 301                                                                       
	(b)  A postsecondary educational institution must be                         
maintained and operated ª,ß or, in the case of a new institution,          
must demonstrate that it can be maintained and operated so that                
		(1)  the quality and content of each course or program of                   
instruction, training, or study ªARE SUCH ASß may reasonably                   
and adequately achieve the stated objective for which the course               
or program is offered;                                                         
		(2)  the institution has or has access to adequate space,                   
equipment, instructional materials, and personnel where applicable             
to achieve the stated objective of the course or program of study              
and to provide education of good quality;                                      
		(3)  the education or experience qualifications of directors,               
administrators, supervisors, and instructors ªARE SUCH ASß may                 
reasonably ensure that the students will receive education                     
consistent with the objectives of the course or program of study;              
		(4)  the institution provides a catalog or brochure                         
containing information describing the programs offered, program                
objectives, length of program, schedule of tuition, fees, ªANDß all            
other charges and expenses necessary for completion of the course              
of study, cancellation and refund policies, and other material facts           
concerning the institution and the program or course of instruction            
that are reasonably likely to affect the decision of the student to            
enroll, together with any other disclosures specified by the                   
department ªCOMMISSIONß by regulation; and that this                       
information is provided to prospective students before enrollment;             
		(5)  upon satisfactory completion of training, the student                  
is given appropriate educational credentials by the institution,               
indicating that the course of instruction or study has been                    
satisfactorily completed by the student;                                       
		(6)  adequate records are maintained by the institution to                  
show attendance, progress ª,ß or grades, and that satisfactory                 
standards are enforced relating to attendance, progress, and                   
performance;                                                                   
		(7)  the institution is maintained and operated in                          
compliance with all pertinent ordinances and laws relating to the              
safety and health of persons upon the premises of the institution;             
		(8)  the institution is financially sound and capable of                    
fulfilling its commitments to students;                                        
		(9)  neither the institution nor its agents engage in                       
advertising, sales, collection, credit, or other practices that            
[WHICHß are false, deceptive, misleading, or unfair;                           

1996-05-02                     House Journal                      Page 4257
SB 301                                                                       
		(10)  the chief executive officer, trustees, directors,                     
owners, administrators, supervisors, staff, and instructors of the             
institution are of good reputation and character and have not been             
convicted of a violation of AS14.48.020, ªORß 14.48.150, ªORß          
AS45.50.471 - 45.50.561, or a comparable law in another state or           
province;                                                                      
		(11)  the student housing owned, maintained, or approved                    
by the institution is appropriate, safe, and adequate;                         
		(12)  the institution has a fair and equitable cancellation                 
and refund policy; and                                                         
		(13)  the charges set by the institution for tuition, fees,                 
books, and supplies are fair and equitable.                                    
	(c)  The department may accept accreditation                             
[ACCREDITATIONß by national or regional accrediting agencies                   
recognized by the department ªCOMMISSION MAY BE                            
ACCEPTED BY THE COMMISSIONß as evidence of compliance                          
with the minimum standards established by this section and the                 
criteria established under AS14.48.050(1).  However, the                       
department ªCOMMISSIONß may require further evidence and                   
make further investigation as ªMAY BEß necessary. If the                     
institution as a whole is not accredited, accreditation                      
[ACCREDITATIONß by a recognized, specialized accrediting                       
agency may be accepted as evidence of compliance only as to the                
portion or program of an institution accredited by the accrediting             
agency ªIF THE INSTITUTION ASA WHOLE IS NOT                                    
ACCREDITEDß.                                                                   
   * Sec. 55.  AS14.48.070(a) is amended to read:                            
	(a)  Each postsecondary educational institution desiring to                  
operate in this state shall apply to the department                        
[COMMISSIONß, upon forms provided by the department                        
[COMMISSIONß.  The application must ªSHALLß be                             
accompanied by a catalog or brochure published, or proposed to                 
be published by the institution, containing the information                    
specified in AS14.48.060(b)(4).  The application shall also be                 
accompanied by evidence of a surety bond or other deposit as                   
required by AS14.48.100, and by the required fees.                             
   * Sec. 56.  AS14.48.070(b) is amended to read:                            
	(b)  Following review of the application and after necessary                 
investigation of the applicant the department ªCOMMISSIONß                 
shall either grant or deny authorization to operate to the applicant.          
                                                                               

1996-05-02                     House Journal                      Page 4258
SB 301                                                                       
A grant of authorization to operate may be on those terms and                 
conditions the department ªCOMMISSIONß may prescribe.                      
   * Sec. 57.  AS14.48.070(c) is amended to read:                            
	(c)  The authorization to operate must be in a form approved                 
by the  department ªCOMMISSIONß and must include                           
		(1)  the date of issuance, effective date, and term of                      
approval;                                                                      
		(2)  the name and address of the institution;                               
		(3)  the authority for approval;                                            
		(4)  any condition or limitation of the authorization, as                   
considered necessary by the department ªCOMMISSIONß.                       
   * Sec. 58.  AS14.48.070(f) is amended to read:                            
	(f)  At least 60 days before the expiration of its ªANß                  
authorization to operate, the institution shall complete and file with         
the department ªCOMMISSIONß an application form for renewal                
[OF ITS AUTHORIZATION TO OPERATEß.  The renewal                                
application shall be reviewed and acted upon as provided for an                
original application.                                                          
   * Sec. 59.  AS14.48.070(g) is amended to read:                            
	(g)  An institution not yet in operation when its application for            
authorization to operate is filed may not begin operation until                
receipt of authorization.  An institution in operation when its                
application for authorization to operate is filed may continue                 
operation until its application is acted upon by the department            
[COMMISSIONß.  The department ªCOMMISSIONß may issue                       
provisional authorization to operate, containing limitations as to             
time, procedures, functions, or other conditions as the department         
[COMMISSIONß considers necessary.                                              
   * Sec. 60.  AS14.48.080(a) is amended to read:                            
	(a)  A person desiring to solicit or perform the services of an              
agent ª,ß in this state ª,ß shall apply to the department                  
[COMMISSIONß upon forms provided by the  department                        
[COMMISSIONß.  The application must ªSHALLß be                             
accompanied by evidence of the good reputation and character of                
the applicant and must state the institution that the applicant                
intends to represent.  An agent representing more than one                     
institution must obtain a separate agent's permit for each                     
institution represented.  However, when an agent represents                    
institutions having a common ownership, only one agent's permit                
is required.  If an institution that the applicant intends to represent        
                                                                               

1996-05-02                     House Journal                      Page 4259
SB 301                                                                       
does not have authorization to operate in this state, the application         
must ªSHALLß be accompanied by the information required of                 
institutions making application for authorization.  The application            
for an agent's permit must ªSHALLß also be accompanied by                  
evidence of a surety bond or other deposit as required by                      
AS14.48.100, and by payment of the required fees.                              
   * Sec. 61.  AS14.48.080(c) is amended to read:                            
	(c)  Following review of the application and any further                     
information submitted by the applicant, and investigation of the               
applicant as the department ªCOMMISSIONß considers necessary,              
the department ªCOMMISSIONß shall either grant or deny an                  
agent's permit to the applicant.                                               
   * Sec. 62.  AS14.48.080(d) is amended to read:                            
	(d)  The agent's permit must be in a form approved by the                    
department ªCOMMISSIONß and must include                                   
		(1)  the date of issuance, effective date, and term;                        
		(2)  the correct name and address of the agent;                             
		(3)  the institution or institutions that the agent is                      
authorized to represent.                                                       
   * Sec. 63.  AS14.48.080(f) is amended to read:                            
	(f)  At least 60 days before the expiration of an agent's permit,            
the agent shall complete and file with the department                      
[COMMISSIONß an application form for renewal.  The renewal                     
application shall be reviewed and acted upon as provided for an                
original application.                                                          
   * Sec. 64.  AS14.48.090 is repealed and reenacted to read:                
	Sec. 14.48.090.  FEES.  The department shall adopt                           
regulations that establish the amount and manner of payment of                 
fees for applications, authorizations, permits, and renewals under             
this chapter.                                                                  
   * Sec. 65.  AS14.48.100 is amended to read:                               
	Sec. 14.48.100.  BONDS.  (a)  At the time application is made                
for authorization to operate, or for renewal of an authorization to            
operate, the department ªCOMMISSIONß may require the                   
postsecondary educational institution to file a surety bond in the             
amount determined by the department ªCOMMISSIONß.  The                     
amount shall be determined by the number of students the                       
institution seeks to enroll.  The amount of the surety bond shall be           
reexamined by the department ªCOMMISSIONß upon each                        
renewal of the authorization to operate to determine if a larger or            
                                                                               

1996-05-02                     House Journal                      Page 4260
SB 301                                                                       
smaller bond would be appropriate to ensure adequate protection               
for the students or enrollees, ªORß their parents or guardians, or             
classes thereof.  The bond shall be executed by the applicant as               
principal and by a surety company qualified and authorized to do               
business in this state.  The bond ªANDß shall be conditioned to            
provide indemnification to any student or enrollee, ªORß the                   
student's or enrollee's parent or guardian, or class thereof ª,ß               
determined to have suffered loss or damage as a result of a                  
postsecondary educational institution's ªANß act or practice that        
[WHICHß is a violation of this chapter ªBY THE                                 
POSTSECONDARY EDUCATIONAL INSTITUTIONß and that                                
the bonding company shall pay a final nonappealable order of the               
department ªCOMMISSIONß or judgment of a court of this state               
having jurisdiction, upon receipt of written notification of the order         
or judgment.  The aggregate liability of the surety for the bond of            
the institution or agent involved in the order or judgment may not,            
in any event, exceed the amount of the bond.                                   
	(b)  An application for an agent's permit must ªSHALLß be                
accompanied by a surety bond in the amount determined by the                   
department ªCOMMISSIONß to be necessary for the protection                 
of the students or enrollees, ªORß their parents or guardians, or              
classes of these, or to reflect an institution's volume of business            
in the state.  The bond shall be executed by the applicant as                  
principal and by a surety company qualified and authorized to do               
business in this state.  The bond shall be conditioned to provide              
indemnification to any student or enrollee, ªORß the student's or          
enrollee's parents or guardian, or class of these, determined to               
have suffered loss or damage as a result of an agent's act or              
practice that ªWHICHß is a violation of this chapter ªBY THE               
AGENTß.                                                                        
	(c)  The surety bond to be filed under this section must                 
[SHALLß cover the period of the authorization to operate or the                
agent's permit, as appropriate, except when a surety is released as            
provided in this subsection.  A surety on a bond filed under this              
section may be released from that bond after the surety serves                 
written notice of the release to the department ªCOMMISSIONß               
and to the bonded agent or institution 45 days before the release.             
However, the release does not discharge or otherwise affect a                  
claim filed by a student or enrollee, ªORß a parent or guardian, or            
class thereof, before or after the release for loss or damage                  
                                                                               

1996-05-02                     House Journal                      Page 4261
SB 301                                                                       
resulting from an act or practice that ªWHICHß is a violation of          
this chapter alleged to have occurred while the bond was in effect             
or for an institution's ceasing operations during the term for which           
tuition has been paid while the bond was in force.                             
	(d)  Authorization for an institution to operate and an agent's              
permit shall be suspended by operation of law when the institution             
or agent is no longer covered by a surety bond as required by this             
section.  However, the department ªCOMMISSIONß shall give                  
the institution or agent, or both, at least 30 days written notice             
before the release of the surety, ªTO THE EFFECTß that the                     
authorization or permit shall be suspended by operation of law                 
until another surety bond is filed in the same manner as, and in a             
like amount to, the bond being terminated.                                     
	(e)  In lieu of the surety bond required in (a) and (b) of this              
section, the applicant may file with the department                        
[COMMISSIONß a cash deposit or other negotiable security,                      
acceptable to the department ªCOMMISSIONß, in the amount                   
specified for bonds.                                                           
   * Sec. 66.  AS14.48.110 is amended to read:                               
	Sec. 14.48.110.  DENIAL.  If the department                              
[COMMISSIONß, upon review of an application for authorization                  
to operate ª,ß or an application for an agent's permit, determines         
that the application should be denied, the department                      
[COMMISSIONß shall notify the applicant, setting out the reasons               
in writing.  AS44.62 (Administrative Procedure Act) governs the                
review of a denial under this section.                                         
   * Sec. 67.  AS14.48.120 is amended to read:                               
	Sec. 14.48.120.  REVOCATION.  (a)  An authorization to                       
operate or an agent's permit may be revoked or conditioned if the              
department ªCOMMISSIONß has reasonable cause to believe that               
the holder of the authorization or permit is violating or has                  
violated this chapter, ªORß AS45.50.471, ªORß regulations              
adopted under this chapter, or AS45.50.491.  Except as provided            
in (b) of this section, AS44.62 (Administrative Procedure Act)                 
governs the procedure for a revocation, review of a revocation, or             
other action under this section.                                               
	(b)  Authorization for an institution to operate, and a permit               
for an agent representing that institution, are revoked 30 days after          
the institution ceases to operate. The department ªCOMMISSIONß             
shall give the institution and the agent 15 days' written notice, by           
                                                                               

1996-05-02                     House Journal                      Page 4262
SB 301                                                                       
certified mail, sent return receipt requested, to the last addresses          
of the institution and agent.                                                  
	(c)  The institution and the agent may appeal a revocation                   
under (b) of this section by filing an appeal in writing with the              
department ªCOMMISSIONß within 30 days after the revocation."              
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 19, following line 17:                                                    
	Insert new bill sections to read:                                             
   "* Sec. 69.  AS14.48.130 is amended to read:                              
	Sec. 14.48.130.  COMPLAINTS.  (a)  A person claiming                         
damage or loss as a result of an act or practice by a postsecondary            
educational institution or its agent, or both, that ªWHICHß is a           
violation of this chapter or of the regulations adopted under this             
chapter may file with the department ªCOMMISSIONß a                        
complaint against the institution or against its agent or both.  The           
complaint must state ªSHALL SET OUTß the alleged violation                 
and must ªSHALLß contain other information as may be required              
by the department ªCOMMISSIONß.  A complaint may also be                   
filed by the department ªCOMMISSIONß on its own motion or                  
the attorney general.  A complainant may file with the                         
department ªCOMMISSIONß as a representative of a class of                  
complainants.                                                                  
	(b)  The department ªCOMMISSIONß shall investigate the                   
complaint and may attempt to effect a settlement by persuasion                 
and conciliation.  The department ªCOMMISSIONß may consider                
a complaint after 30 days written notice by registered mail to the             
institution or agent, or both, giving notice of a time and place for           
hearing on the complaint.  The hearing shall be conducted in                   
accordance with AS44.62 (Administrative Procedure Act).                        
	(c)  If, upon the evidence at a hearing, the department                  
[COMMISSIONß finds that a postsecondary educational institution                
or its agent, or both, has engaged in, or is engaging in, an act or        
practice that ªWHICHß violates this chapter or the regulations             
adopted under this chapter, the department ªCOMMISSIONß shall          
serve upon the institution or agent or both ª,ß an order requiring             
the institution or agent or both to cease and desist from the act or           
practice.  If the department ªCOMMISSIONß finds that the                   
complainant, or class of complainants, has suffered loss or damage             
                                                                               

1996-05-02                     House Journal                      Page 4263
SB 301                                                                       
as a result of the act or practice, the department ªCOMMISSIONß           
may also award the complainant, or class of complainants, full or              
partial restitution for the damage or loss and may impose the                  
penalties provided for in AS14.48.190.  The department                     
[COMMISSIONß may also, based on its own investigation and the                  
evidence adduced at the hearing, begin an action to revoke an                  
institutions authorization to operate or an agents permit.                     
    * Sec. 70.  AS14.48.140 is amended to read:                              
	Sec. 14.48.140.  JUDICIAL REVIEW.  A final administrative                    
order issued by the department ªCOMMISSIONß is subject to                  
judicial review under AS44.62 (Administrative Procedure Act).                  
   * Sec. 71.  AS14.48.150 is amended to read:                               
	Sec. 14.48.150.  PRESERVATION OF RECORDS.  (a)  If a                         
postsecondary educational institution proposes to discontinue its              
operation, the chief administrative officer of the institution shall           
file with the department ªCOMMISSIONß the original or legible              
true copies of academic records of the institution as specified by             
the department ªCOMMISSIONß.  The records must include that                
academic information customarily required by colleges when                     
considering students for transfer or advanced study and the                    
academic record of each former student.                                        
	(b)  If it appears to the department ªCOMMISSIONß that                   
records of an institution discontinuing its operations are in danger           
of being destroyed or otherwise made unavailable to the                        
department ªCOMMISSIONß, the department ªCOMMISSIONß                   
may seize the records ª,ß under an order of the superior court.  The           
department ªCOMMISSIONß shall maintain a permanent file of                 
records coming into its possession under this section.                         
   * Sec. 72.  AS14.48.180 is amended to read:                               
	Sec. 14.48.180.  ENFORCEMENT:  INJUNCTION.  (a)  The                         
attorney general at the request of the department                          
[COMMISSIONß or on motion of the attorney general, may bring                   
an action or proceeding in a court of competent jurisdiction for the           
enforcement of the provisions of this chapter.                                 
	(b)  When it appears to the department ªCOMMISSIONß that                 
a person is, is about to, or has violated a provision of this chapter          
or a regulation adopted under this chapter, the department                 
[COMMISSIONß may, on its own motion or on the written                          
complaint of any person, file a petition for injunction in the name            
of the department ªCOMMISSIONß in a court of competent                     
                                                                               

1996-05-02                     House Journal                      Page 4264
SB 301                                                                       
jurisdiction against the person for the purpose of enjoining the               
violation or for an order directing compliance with the provisions of          
this chapter.  It is not necessary that the department ªCOMMISSIONß        
allege or prove that it has no adequate remedy at law.  The right of           
injunction provided in this section is in addition to other legal remedies     
available to the department ªCOMMISSIONß and is in addition to the         
right of criminal prosecution.  However, the department                    
[COMMISSIONß may not obtain a temporary restraining order without              
notice to the person affected.                                                 
   * Sec. 73.  AS14.48.190 is amended to read:                               
	Sec. 14.48.190.  VIOLATIONS: CIVIL PENALTY.  A person                        
who violates the provisions of AS14.48.020, or who fails or                    
refuses to deposit with the department ªCOMMISSIONERß the                  
records required by AS14.48.150, is subject to a civil penalty of          
not more than $1,000 for each violation.  Each days failure to                 
comply with the provisions of AS14.48.020 and 14.48.150                        
constitutes a separate violation.  The fine may be imposed by the              
department ªCOMMISSIONß in an administrative proceeding or                 
by a court of competent jurisdiction.                                          
   * Sec. 74.  AS14.48.200 is amended to read:                               
	Sec. 14.48.200.  CRIMINAL VIOLATION.  A person who                           
wilfully violates the provisions of AS14.48.020 or who wilfully                
fails or refuses to deposit with the department ªCOMMISSIONß               
the records required by AS14.48.150 is guilty of a misdemeanor                 
and, upon conviction, is punishable by a fine of not more than                 
$1,000 or by imprisonment for not more than six months, or by                  
both.  Each days failure to comply is a separate violation.                    
   * Sec. 75.  AS14.48.210(2) is amended to read:                            
		(2)  "agents permit" means a nontransferable written                        
authorization issued to a natural person by the department that            
[COMMISSION WHICHß allows that person to solicit or enroll a                   
resident of the state for education in a postsecondary educational             
institution;                                                                   
   * Sec. 76.  AS14.48.210(3) is amended to read:                            
		(3) "authorization to operate" means approval of the                        
department ªCOMMISSIONß to operate or to contract to operate               
a postsecondary educational institution in the state;                          
   * Sec. 77.  AS16.43.340(a) is amended to read:                            
	(a)  In addition to entry permits and interim-use permits, the               
commission may issue educational entry permits to public, private,             
                                                                               

1996-05-02                     House Journal                      Page 4265
SB 301                                                                       
or denominational educational institutions, career, or vocational           
programs accredited or authorized by the Department of                   
Education ªOR ACCREDITED INSTITUTIONS, CAREER, OR                              
VOCATIONAL PROGRAMS APPROVED BY THE ALASKA                                     
COMMISSION ON POSTSECONDARY EDUCATIONß, or full-                               
time nonprofit residential child care facilities licensed by the               
Department of Health and Social Services, division of social                   
services, if                                                                   
		(1)  the program is offered to students at the junior high                  
school level or above;                                                         
		(2)  the issuance of an educational entry permit is                         
reasonably necessary to the instruction of students under courses              
offered by the applicant for the educational entry permit;                     
		(3)  the program is offered by an institution that is located               
in the state and has been in operation for at least two years; and             
		(4) the institution offering the program is not a                           
correspondence institution."                                                   
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 20, lines 9 and 10:                                                       
	Delete "Commission on Postsecondary Education (AS14.48.035)               
[(AS14.42.015)ß"                                                               
	Insert "Student Loan Corporation ªCOMMISSION ON                           
POSTSECONDARY EDUCATION (AS14.42.015)ß"                                        
                                                                               
Page 21, following line 10:                                                    
	Insert a new bill section to read:                                            
   "* Sec. 84.  AS44.62.330(43) is amended to read:                          
		(43)  Department of Education ªALASKA                                   
COMMISSION ON POSTSECONDARY EDUCATIONß under                                   
AS14.48 as to denial of applications and revocation of                         
authorizations and permits;"                                                   
                                                                               
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               
Page 21, line 18:                                                              
	Delete "sec. 46"                                                              
	Insert "sec. 64"                                                              

1996-05-02                     House Journal                      Page 4266
SB 301                                                                       
Page 22, line 8:                                                               
	Delete "sec. 58"                                                              
	Insert "sec. 89"                                                              
                                                                               
Page 22, line 14:                                                              
	Delete "sec. 58"                                                              
	Insert "sec. 89"                                                              
                                                                               
Page 23, line 2:                                                               
	Delete "Section 56(c)"                                                        
	Insert "Section 87(c)"                                                        
                                                                               
Page 23, line 3:                                                               
	Delete "sec. 57"                                                              
	Insert "sec. 88"                                                              
                                                                               
Representative Elton moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Bunde objected.                                                 
                                                                               
The question being:  Shall Amendment No. 2 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSSB 301(FIN) am H                                                             
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
                                                                               
YEAS:  14   NAYS:  23   EXCUSED:  0   ABSENT:  3                             
                                                                               
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis                      
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Ogan, Parnell,               
Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams                
                                                                               
Absent:  Moses, Mulder, Sanders                                                
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               

1996-05-02                     House Journal                      Page 4267
SB 301                                                                       
Amendment No. 3 was offered by Representative Navarre:                         
                                                                               
Page 2, following line 25:                                                     
Delete Two members of the legislature shall serve as ex officio               
nonvoting members of the board of directors.  The two ex officio               
nonvoting members shall include one member of the senate                       
appointed by the president of the senate and one member of the                 
house appointed by the speaker of the house of representatives.                
                                                                               
Page 3, following line 24:                                                     
Insert a new bill section to read:                                            
	* Sec. 4.  AS 14.42.130 is amended to read:                                
	Sec. 14.42.130 MEETINGS OF THE BOARD (a)  The                               
board shall meet at the call of its chair ªCHAIRMANß and at                
other times as the board may determine in accordance with its                  
regulations.                                                                   
	(b)  Public notice of a meeting of the board at which the                   
issuance of corporation bonds is authorized shall be provided                  
at least 24 hours before the meeting.                                          
	(c)  At the same time that notice of a meeting is given                   
to the public, the Corporation shall also give notice of the                   
meeting to the president of the senate and to the speaker                      
of the house.  At a meeting of the board, the president, or                    
his or her designee, and the speaker, or his or her                            
designee, shall have the ability to attend and participate in                  
the discussion of items on the agenda for that meeting but                     
shall not be considered a member of the board for any                          
purpose.                                                                     
                                                                               
Renumber the following sections accordingly.                                   
                                                                               
                                                                               
Representative Navarre moved and asked unanimous consent that                  
Amendment No. 3 be adopted.                                                    
                                                                               
                                                                               
Representative Martin objected.                                                
                                                                               
The question being:  Shall Amendment No. 3 be adopted?  The roll               
was taken with the following result:                                           
                                                                               

1996-05-02                     House Journal                      Page 4268
SB 301                                                                       
                                                                               
CSSB 301(FIN) am H                                                             
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  14   NAYS:  25   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis                      
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Ogan,                 
Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey,       
Williams                                                                       
                                                                               
Absent:  Mulder                                                                
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 4 was offered by Representative Robinson:                        
                                                                               
                                                                               
Page 2, following line 11:                                                     
     Insert a new bill section to read:                                        
   "* Sec. 2.  AS 14.42.025 is amended to read:                              
	Sec. 14.42.025.  MEETINGS, RULES, VOTES REQUIRED.                            
The commission shall prescribe its own rules of procedure.  The                
commission shall meet at least twice a year ªONCE                          
QUARTERLYß at a time and place determined by the chair                     
[CHAIRMANß, and at other times and places as the chair                     
[CHAIRMANß, or a majority of the members of the commission,                    
consider necessary.  A quorum is a majority of the members of the              
commission.  The votes of the commission members shall be                      
recorded, and effective action requires the affirmative vote of a              
majority of the commission members present.  A commission                      
member may not, with respect to a matter before the commission,                
vote for or on behalf of, or in any way exercise the vote of,                  
another member of the commission."                                             
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               

1996-05-02                     House Journal                      Page 4269
SB 301                                                                       
Page 21, line 18:                                                              
	Delete "sec. 46"                                                              
	Insert "sec. 47"                                                              
                                                                               
Page 22, line 8:                                                               
     Delete "sec. 58"                                                          
     Insert "sec. 59"                                                          
                                                                               
Page 22, line 14:                                                              
	Delete "sec. 58"                                                              
	Insert "sec. 59"                                                              
                                                                               
Page 23, line 2:                                                               
	Delete "Section 56(c)"                                                        
	Insert "Section 57(c)"                                                        
                                                                               
Page 23, line 3:                                                               
	Delete "sec. 57"                                                              
	Insert "sec. 58"                                                              
                                                                               
Representative Robinson moved and asked unanimous consent that                 
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Bunde objected.                                                 
                                                                               
The question being:  Shall Amendment No. 4 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSSB 301(FIN) am H                                                             
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  17   NAYS:  22   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Hanley, Kott, Kubina, Long, Mackie, Navarre, Nicholia, Robinson,               
Sanders, Willis                                                                
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Ivan, James, Kelly,              
Kohring, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips,                
Porter, Rokeberg, Therriault, Toohey, Vezey, Williams                          
                                                                               

1996-05-02                     House Journal                      Page 4270
SB 301                                                                       
Absent:  Austerman                                                             
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that                    
CSSB301(FIN) am H be considered engrossed,  advanced to third                  
reading and placed on final passage.                                           
                                                                               
                                                                               
Representative Kubina objected.                                                
                                                                               
                                                                               
The question being:  Shall CSSB 301(FIN) am H be advanced to third             
reading on the same day?  The roll was taken with the following                
result:                                                                        
                                                                               
CSSB 301(FIN) am H                                                             
Second Reading                                                                 
Advance to Third Reading                                                       
                                                                               
                                                                               
YEAS:  26   NAYS:  14   EXCUSED:  0   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder,               
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey, Williams                                                                
                                                                               
Nays:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis                      
                                                                               
And so, lacking the necessary 30 votes, CSSB 301(FIN) am H failed              
to advance and will be in third reading on the May 3, 1996, calendar.