04/30/1995 05:42 PM Senate RLS

 CHAIRMAN MILLER stated  SB 130  (MARINE PILOTS) would be held until           
 later in the meeting to await an opinion requested from the                   
 Division of Legal Services.                                                   
 CHAIRMAN MILLER brought  SB 130  (MARINE PILOTS) back before the              
 committee.                                                                    
                                                                               
 SENATOR PEARCE clarified that the reason an opinion was requested             
 was because the Finance Committee had added a minority amendment              
 that is most likely unconstitutional.                                         
                                                                               
 GAIL HORETSKI, an assistant attorney general in the Civil Division            
 of the Department of Law, stated the Department of Commerce and the           
 Department of Law view SB 130 as a very important piece of                    
 legislation, because the Board of Marine Pilots, which regulates              
 the industry of marine pilots in the state and licenses the pilots,           
 sunsetted in 1994 and is now in its wind-down year.                           
                                                                               
 Section 1 of the legislation extends the board to 1999, which, she            
 said, is absolutely crucial during this legislative session.  The             
 remainder of the bill contains a variety of technical amendments              
 that were proposed by the Department of Commerce and the Department           
 of Law in an attempt to clear up ambiguities in the existing Marine           
 Pilot Act, which was substantially amended in 1991, and cut down on           
 the level of litigation that has plagued the board.                           
                                                                               
 Ms. Horetski informed the committee that in the last two to three             
 days the Department of Commerce, the Department of Law, the                   
 industry and marine pilots have had substantial discussions on this           
 issue to hammer out the committee substitute that appeared before             
 the Finance Committee.  She said the bill contains a hard fought              
 compromise among all parties that provides that all pilot                     
 associations in the state can set their own rates for vessel                  
 movements.                                                                    
                                                                               
 Ms. Horetski explained that the language which appears as Section             
 9 in the Finance CS was added as a conceptual amendment by Senator            
 Donley.  In addition to the prohibition against being licensed in             
 more than one region at a time, it provides that a pilot license              
 under this chapter may not hold a marine license issued in another            
 state or country.  If there are present marine pilots that hold a             
 license in Alaska and they choose to renew that license, but they             
 hold a marine license issued by another state, they must choose               
 either to give up their license in the other state or to give up              
 their Alaska license.  The department has serious concerns with               
 Section 9 and its due process implications, equal protection                  
 implications, etc.                                                            
                                                                               
 CHAIRMAN MILLER asked Ms. Horetski if she was aware of any other              
 professions in the state of Alaska that require giving up a license           
 in another state before being licensed in Alaska.  GAIL HORETSKI              
 responded that she was not aware of any.                                      
                                                                               
 SENATOR DUNCAN asked if Ms. Horetski was suggesting that Section 9            
 should be eliminated, and she responded that she was.                         
                                                                               
 CHAIRMAN MILLER stated if would entertain a motion on Section 9.              
                                                                               
 SENATOR PEARCE moved that a Rules CS be drafted which eliminates              
 Section 9.  Hearing no objection, it was so ordered.                          
                                                                               
 SENATOR PEARCE moved and asked unanimous that CSSB 130(RLS) be                
 approved for calendaring.  Hearing no objection, it was so ordered.