SENATE RULES COMMITTEE May 2, 1997 3:22 p.m. MEMBERS PRESENT Senator Loren Leman, Chairman Senator Mike Miller Senator Robin Taylor Senator John Torgerson Senator Jim Duncan MEMBERS ABSENT All members present COMMITTEE CALENDAR HOUSE BILL NO. 35 "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." CS FOR HOUSE BILL NO. 145(HES) "An Act relating to certification of teachers." CS FOR HOUSE BILL NO. 152(HES) "An Act regulating hospice care." CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(JUD) Relating to records generated and maintained by the Department of Health and Social Services. HOUSE JOINT RESOLUTION NO. 22 Relating to the maritime boundary between Alaska and the former Union of Soviet Socialist Republics. HOUSE JOINT RESOLUTION NO. 34 Relating to proposed regulations of the North Pacific Fishery Management Council creating a new discriminatory halibut fishery in Alaska. SENATE CONCURRENT RESOLUTION NO. 15 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 152, relating to hospice care. SENATE BILL NO. 11 "An Act relating to state aid for school construction debt; and providing for an effective date." SENATE BILL NO. 162 "An Act relating to payment of minimum wages to tipped employees; and providing for an effective date." SENATE BILL NO. 169 "An Act relating to an exemption from the requirement for payment for overtime under a voluntary work hour plan for work performed by employees at certain mines; and providing for an effective date." SENATE BILL NO. 178 "An Act giving notice of and approving a lease-purchase agreement by the Department of Administration for an office building in Anchorage; relating to the financing of the lease-purchase agreement; and providing for an effective date." SENATE BILL NO. 189 "An Act relating to eligibility for and default, collection, and repayment of student loans; relating to non-renewal of certain occupational licenses for default on a student loan; and providing for an effective date." PREVIOUS SENATE COMMITTEE ACTION HB 35 - See Community & Regional Affairs minutes dated 3/7/97. Finance report 5/1/97. HB 145 - See Senate Health, Education & Social Services minutes dated 4/9/97. Finance report 4/25/97. HB 152 - Finance report 4/30/97. HCR 4 - See Senate Judiciary Committee minutes dated 4/25/97. Finance report 4/30/97. HJR 22 - See Resources minutes dated 4/25/97 and 4/28/97. HJR 34 - See Resource Committee minutes dated 4/25/97 and 4/28/97. SCR 15 - No previous action to record. SB 11 - See Senate Health, Education & Social Services minutes dated 2/26/97, 3/21/97, and 3/24/97. Finance report 5/2/97. SB 162 - See Labor and Commerce minutes dated 4/10/97 and 4/15/97. SB 169 - See Labor and Commerce minutes dated 4/15/97 and 4/17/97. SB 178 - Finance report 5/2/97. SB 189 - See Senate Health, Education & Social Services minutes dated 4/30/97. Finance report 5/2/97. WITNESS REGISTER Ben Brown, Staff to Senator Tim Kelly State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Explained amendment to CSHB 152(HES) ACTION NARRATIVE TAPE 97-6, SIDE A CHAIRMAN LEMAN called the Senate Rules Committee meeting to order at 3:22 p.m., and noted the presence of Senators Miller, Torgerson, Duncan, Taylor and Leman. SENATOR TORGERSON moved HB 35 (EXTEND REG. ECONOMIC ASST PROGRAM) be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR TORGERSON moved CSHB 145(HES) (TEACHERS: CERTIFICATION & EXAMS) be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR TORGERSON moved CSHCR 4(JUD) (DHSS RECORDS FOR DELINQUENTS & CINA) be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR TORGERSON moved  HJR 22 (ALASKA/RUSSIA MARITIME BOUNDARY) approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR TORGERSON moved HJR 34 (NPFMC PROPOSED REGS FOR HALIBUT FISHERY) be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR TORGERSON moved SCR 15 (UNIFORM RULE TITLE CHANGE HB 152) be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR TORGERSON moved SB 11 (SCHOOL DEBT REIMBURSEMENT) be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR TORGERSON moved SB 189 (EDUC.LOAN REPAYMNT\ELIG.; OCC. LIC.) be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. CHAIRMAN LEMAN brought CSHB 152(HES) (RELATING TO HOSPICE CARE) before the committee. SENATOR TORGERSON moved the following amendment to CSHB 152(HES): Amendment No. 1 Page 7, following line 5: Insert a new subsection to read: "(n) A hospice program may not use a direct service provider whose name is listed on an abuse registry maintained by the Department of Commerce and Economic Development, division of occupational licensing. A hospice program shall contact the division for a determination of whether a prospective direct service provider's names is on an abuse registry maintained by the division and may not allow the person to provide hospice services until the division has responded to the inquiry. The Department of Commerce and Economic Development may adopt regulations to implement this subsection." BEN BROWN , staff to Senator Tim Kelly, explained the amendment adds a requirement that certified or professional hospice programs have to consult with the Division of Occupational Licensing to ensure that potential staff do not appear in name on the abuse registry maintained by that division. He said the requirement has a zero fiscal impact. Hearing no objection to the adoption of the amendment, CHAIRMAN LEMAN stated Amendment No. 1 was adopted and would be incorporated into a Rules SCS. SENATOR TORGERSON moved SCS CSHB 152(RLS) be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR TORGERSON moved SB 162 (MINIMUM WAGE FOR TIPPED EMPLOYEES) be approved for calendaring at the discretion of the Chair. SENATOR DUNCAN objected. There being no further objections, CHAIRMAN LEMAN stated the calendaring motion carried on a 4-1 vote. SENATOR TORGERSON moved SB 169 (VOLUNTARY FLEX TIME FOR MINES) be approved for calendaring at the discretion of the Chair. SENATOR DUNCAN objected. There being no further objections, CHAIRMAN LEMAN stated the calendaring motion carried on a 4-1 vote. SENATOR MILLER moved SB 178 (ANCHORAGE OFFICE BUILDING) be approve for calendaring at the discretion of the Chair. SENATOR DUNCAN objected. SENATOR TAYLOR voiced his objection and his concern that the legislation was even before the committee, and he questioned if an RFP was put out for the purchase of a building. SENATOR TORGERSON responded that there was not an RFP. SENATOR TAYLOR commented that he has concern when the public process isn't involved. SENATOR TORGERSON added that the state entered into negotiations with the Frontier Building for renewal of its lease and also its possible purchase, however, negotiations broke off relatively quickly. At about the same time, the Bank of America building came up for purchase and the state began negotiations for its purchase. CHAIRMAN LEMAN requested a roll call vote on the calendaring motion. Senators Miller, Torgerson and Leman voted "Yea" and Senators Duncan and Taylor voted "Nay." CHAIRMAN LEMAN stated the calendaring motion carried on a 3-2 vote. There being no further business to come before the committee, the meeting adjourned at 3:31 p.m.