Legislature(1993 - 1994)
05/10/1994 09:40 AM Senate RLS
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+ teleconferenced
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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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