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.