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.