Legislature(1993 - 1994)

05/10/1994 09:40 AM RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                     SENATE RULES COMMITTEE                                    
                          May 10, 1994                                         
                           9:40 a.m.                                           
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Rick Halford, Chair                                                   
 Senator Steve Rieger, Vice Chair                                              
 Senator George Jacko                                                          
 Senator Fred Zharoff                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Suzanne Little                                                        
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 HOUSE BILL NO. 356                                                            
 "An Act relating to living wills and do not resuscitate orders; and           
 providing for an effective date."                                             
                                                                               
 HOUSE BILL NO. 403                                                            
 "An Act requiring that automobile liability insurance include                 
 coverage for uninsured or underinsured motor vehicles and an offer            
 of policy limits for that coverage equal to coverage voluntarily              
 purchased for bodily injury or death; and providing for an                    
 effective date."                                                              
                                                                               
 CS FOR HOUSE BILL NO. 447(FIN)                                                
 "An Act establishing the Afognak Island State Park."                          
                                                                               
 CS FOR HOUSE BILL NO. 494(STA) am                                             
 "An Act changing the Alaska State Pension Investment Board to the             
 Alaska Pension Investment Authority and relating to the authority;            
 and providing for an effective date."                                         
                                                                               
 CS FOR HOUSE BILL NO. 538(L&C)                                                
 "An Act relating to uniform claims forms, uniform standards, and              
 uniform procedures for processing data relating to billing and                
 payment of health care services; and providing for an effective               
 date."                                                                        
                                                                               
 HOUSE JOINT RESOLUTION NO. 47 am                                              
 Relating to schools on military installations.                                
                                                                               
 HOUSE JOINT RESOLUTION NO. 64                                                 
 Relating to the projects of the Alaska Aerospace Development                  
 Corporation for satellite ground stations and a rocket launch                 
 facility.                                                                     
                                                                               
 SENATE CONCURRENT RESOLUTION NO. 24                                           
 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska            
 State Legislature concerning House Bill No. 538, relating to                  
 billing and payment for health care services.                                 
                                                                               
 HOUSE BILL NO. 456 am                                                         
 "An Act making appropriations to satisfy the agreed-upon monetary             
 terms of certain collective bargaining agreements for certain                 
 public employees; and providing for an effective date."                       
                                                                               
 CS FOR HOUSE BILL NO. 517(JUD)                                                
 "An Act relating to innocent misrepresentations by agents in real             
 property transfers."                                                          
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 HB 356 - See Judiciary minutes dated 5/3/94.                                  
      Finance report 5/8/94.                                                   
                                                                               
 HB 403 - See Labor and Commerce minutes dated 4/12/94 and                     
          4/14/94.  See Judiciary minutes dated 5/3/94.                        
                                                                               
 HB 447 - Finance report 5/9/94.                                               
                                                                               
 HB 494 - See State Affairs minutes dated 4/18/94 and 4/20/94.                 
      Finance report 5/8/94.                                                   
                                                                               
 HB 538 - See Health, Education & Social Services minutes dated                
          5/4/94.                                                              
      Labor & Commerce waived referral 5/5/94.                                 
                                                                               
 HJR 47 - See Health, Education & Social Services minutes dated                
          4/30/94.                                                             
                                                                               
 HJR 64 - See Labor and Commerce minutes dated 4/26/94.                        
                                                                               
 SCR 24 - No previous action to record.                                        
                                                                               
 HB 456 - Finance report 5/7/94.                                               
                                                                               
 HB 517 - Judiciary referral waived 5/9/94.                                    
                                                                               
      WITNESS REGISTER                                                         
                                                                               
 Josh Fink, Staff to Senator Tim Kelly                                         
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Offered information on HB 517                          
                                                                               
 Commissioner Nancy Usera                                                      
 Department of Administration                                                  
 P.O. Box 110200                                                               
 Juneau, AK 99811-0200                                                         
  POSITION STATEMENT:   Offered information on HB 456                          
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 94-9, SIDE A                                                             
 Number 001                                                                    
                                                                               
 CHAIRMAN RICK HALFORD called the Senate Rules Committee meeting to            
 order at 9:40 a.m.                                                            
 SENATOR RIEGER moved and asked unanimous consent that  HB 356                 
 (LIVING WILLS AND MEDICAL CARE ORDERS) be approved for calendaring            
 at the Chair's discretion.  Hearing no objection, it was so                   
 ordered.                                                                      
 SENATOR RIEGER moved and asked unanimous consent that  HB 403                 
 (AUTOMOTIVE LIABILITY INSURANCE COVERAGE) be approved for                     
 calendaring at the Chair's discretion.  Hearing no objection, it              
 was so ordered.                                                               
 SENATOR RIEGER moved and asked unanimous consent that  CSHB 447(FIN)     )    
 (ESTABLISH AFOGNAK ISLAND STATE PARK_ be approved for calendaring             
 at the Chair's discretion.  Hearing no objection, it was so                   
 ordered.                                                                      
 SENATOR RIEGER moved and asked unanimous consent that  CSHB 494(STA)     )    
 am  (ALASKA PENSION INVESTMENT AUTHORITY) be approved for                     
 calendaring at the Chair's discretion.  Hearing no objection, it              
 was so ordered.                                                               
 SENATOR RIEGER moved and asked unanimous consent that  CSHB 538(L&C)     )    
 (HEALTH CARE PAYMENTS & HIGH RISK INS) be approved for calendaring            
 at the Chair's discretion.  Hearing no objection, it was so                   
 ordered.                                                                      
 SENATOR RIEGER moved and asked unanimous consent that  HJR 47 am              
 (FUNDS TO UPGRADE MILITARY BASE SCHOOLS) be approved for                      
 calendaring at the Chair's discretion.  Hearing no objection, it              
 was so ordered.                                                               
 SENATOR RIEGER moved and asked unanimous consent that  HJR 64                 
 (PROJECTS OF ALASKA AEROSPACE DEV. CORP.) be approved for                     
 calendaring at the Chair's discretion.  Hearing no objection, it              
 was so ordered.                                                               
 SENATOR RIEGER moved and asked unanimous consent that  SCR 24                 
 (SUSPEND UNIFORM RULES FOR HB 538) be approved for calendaring at             
 the Chair's discretion.  Hearing no objection, it was so ordered.             
 CHAIRMAN HALFORD brought  CSHB 517(JUD)  (REAL PROPERTY TRANSFERS)            
 before the committee as the next order of business.                           
                                                                               
 JOSH FINK, aide to Senator Tim Kelly who introduced the Senate                
 companion bill to HB 517, explained the legislation will remove               
 real estate professionals from liability of innocent                          
 misrepresentation in real property transactions.  In 1982 the                 
 Supreme Court ruled that brokers who make an innocent                         
 misrepresentation to a purchaser of real property are liable for              
 the misrepresentation, and HB 517 will correct that decision.  He             
 emphasized that the due diligence responsibility of brokers still             
 applies and this strictly applies to an innocent misrepresentation.           
                                                                               
 SENATOR JACKO moved that CSHB 517(JUD) be passed out of committee             
 with individual recommendations.   Hearing no objection, it was so            
 ordered.                                                                      
                                                                               
 SENATOR JACKO moved and asked unanimous consent that CSHB 517(JUD)            
 be approved for calendaring at the Chair's discretion.  Hearing no            
 objection, it was so ordered.                                                 
 CHAIRMAN HALFORD brought  HB 456 am  (APPROP: COST OF CERTAIN LABOR           
 AGREEMENTS) before the committee as the final order of business.              
 There was a Rules SCS before the committee for its consideration.             
                                                                               
 COMMISSIONER NANCY USERA, Department of Administration, stated she            
 believes that more importantly than just the money that was saved             
 in terms of negotiating the agreement are the terms under which it            
 was done.  It clarified and cleaned up a lot of the language that             
 was particularly problematic for the state under this contract, but           
 even more importantly, for the implications it had on the other 10            
 bargaining units, she said.                                                   
                                                                               
 Commissioner Usera explained the Rules SCS adds the terms of the              
 Public Safety Employees Association letter of agreement as part of            
 the monetary terms of the negotiated agreements.  It also includes            
 intent language which makes it clear that this is a replacement               
 agreement for the original arbitration.                                       
                                                                               
 SENATOR RIEGER pointed out that Section 11 is a conditional                   
 appropriation rather than intent language.  CHAIRMAN HALFORD                  
 agreed, saying that appropriation is only conditioned upon the                
 acceptance and the modification of the letter; it is much stronger            
 than intent language.                                                         
                                                                               
 SENATOR JACKO moved that SCS HB 456(RLS) be adopted.  Hearing no              
 objection, the motion carried.                                                
                                                                               
 SENATOR JACKO moved that SCS HB 456(RLS) be passed out of committee           
 with individual recommendations.  Hearing no objection, it was so             
 ordered.                                                                      
                                                                               
 Before the bill was approved for calendaring, COMMISSIONER USERA              
 commented that these are landmark agreements; they are excellent              
 agreements for the state that make a fundamental shift in the                 
 relationship between the state and its employees.                             
                                                                               
 SENATOR JACKO moved and asked unanimous consent that SCS HB
 456(RLS) be approved for calendaring at the Chair's discretion.               
 Hearing no objection, it was so ordered.                                      
 There being no further business to come before the committee, the             
 meeting was adjourned at 9:50 a.m.                                            
                                                                               

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