04/21/1993 01:45 PM Senate JUD

 SENATOR TAYLOR introduced  CSHB 254(JUD) am(ct rule fld)  (OPEN               
 MEETING ACT) as the next order of business.                                   
                                                                               
 RICHARD MONKMAN, testifying on behalf of the Alaska State                     
 Hospital and Nursing Home Association, said his comments would                
 be on Section 3 of the legislation.  The Association's only                   
 concern with the bill is the proposal to delete language which                
 speaks to the governing body or any committee of the hospital                 
 from the exemptions to the Act.  Under present law, meetings                  
 of governing bodies of a hospital on subjects relating to                     
 hospital privileges are exempt from the Open Meetings Act.                    
 He said this is important for two reasons:  patient privacy                   
 and the physicians reputation being at issue.                                 
                                                                               
 Mr. Monkman said his understanding of the intent of the                       
 amendment to the statute was to roll in the phrase  "public                   
 body."  However, there are private hospitals, public                          
 hospitals, as well as quasi public hospitals, which are                       
 private hospitals that receive some sort of public funds.  The                
 Hospital Association's preference would be not to change this                 
 section at all, but, if it is changed, they request that it                   
 be made clear that the meetings of the governing body or                      
 committee of the hospital be kept exempt from the Open                        
 Meetings Act.                                                                 
                                                                               
 Mr. Monkman added that the present statute works in terms of                  
 protecting the physician's reputation and protecting the                      
 patient interest.                                                             
 Number 330                                                                    
                                                                               
 SENATOR DONLEY moved the following amendment to Section 2:                    
                                                                               
 Page 2, line 15:  After the words "attorney-client" insert "or                
 doctor-patient privilege."                                                    
                                                                               
 SENATOR LITTLE objected to adoption of the amendment, stating                 
 she didn't think the proposed amendment resolves the issue.                   
                                                                               
                                                                               
 SENATOR DONLEY commented that he strongly believes in open                    
 meetings, and, if there are some hospitals that may be a                      
 public body, then they should be subject to the Open Meetings                 
 Act.                                                                          
                                                                               
 Number 400                                                                    
                                                                               
 There was extensive discussion on the definition and clarity                  
 of "public body."  Senator Donley withdrew his amendment until                
 the committee could obtain more information on the issue.                     
                                                                               
 Number 515                                                                    
                                                                               
 KENT SWISHER, representing the Alaska Municipal League,                       
 testified in support of HB 254, stating it deals with a                       
 problem they have been concerned with for some time and  does                 
 many of the things the League has hoped to achieve.                           
                                                                               
 Mr. Swisher said the League has prepared an amendment which                   
 would: clarify the definition of "public body" so that the                    
 Open Meetings Act does not apply to administrative staff                      
 meetings and other similar gatherings; provide that any number                
 of officials from a public body may attend meetings and                       
 conferences without violating the Open Meetings Act; provide                  
 that the court may decide whether an action taken in violation                
 of the Act should be declared voidable; and an individual                     
 member of the council or assembly would not be named as the                   
 subject of a suit.                                                            
                                                                               
 TAPE 93-48, SIDE A                                                            
                                                                               
 Number 020                                                                    
                                                                               
 SENATOR DONLEY acknowledged that there are some problems with                 
 the application of the law, but he said he also thinks that                   
 the law hasn't been enforced by the courts the way it was                     
 intended by the people.  He said he is concerned with new                     
 language that says an action is voidable, because the courts                  
 don't even do it when it says it is void.                                     
                                                                               
 Number 050                                                                    
 WENDY REDMAN, Vice President, University of Alaska, stated the                
 Board of Regent's support for HB 254, and said their interest                 
 is at the heart of the bill, which is the definition of a                     
 "meeting."  Also, they have some concern with Section 3, and                  
 Ms. Redman said she would submit those concerns in writing.                   
                                                                               
 Ms. Redman said the University is not covered under the                       
 state's Personnel Act, so committees like faculty tenure                      
 committees for their non-organized faculty really work,                       
 according to the court, as a subordinate group of the Board                   
 of Regents and, therefore, are subject to the Open Meetings                   
 Act.  She said it does not work well to have those committees                 
 open to the general public.                                                   
                                                                               
 Number 095                                                                    
                                                                               
 SENATOR TAYLOR commented that the definition of "meeting" in                  
 Section 6 was poorly drafted and he has requested that staff                  
 provide the members with a copy of the AML proposed                           
 legislation that can be laid along side of HB 254 and possibly                
 be used as a working document.  He invited any suggestions and                
 input into the legislation and said it would be back before                   
 the committee after it has been worked on.