SENATE RULES COMMITTEE May 9, 1998 12:00 p.m. MEMBERS PRESENT Senator Tim Kelly, Chair Senator Loren Leman, Vice Chair Senator Robin Taylor Senator John Torgerson Senator Jim Duncan MEMBERS ABSENT All members present COMMITTEE CALENDAR CS FOR HOUSE BILL NO. 230(FIN) "An Act amending the definition of 'small community' for purposes of housing programs involving the Alaska Housing Finance Corporation." CS FOR HOUSE BILL NO. 239(FIN) "An Act relating to the liability of motor fuel dealers for payment of tax imposed on certain credit transactions involving motor fuel sales or transfers that become worthless debts or on sales or transfers to persons who declare bankruptcy; and providing for an effective date." CS FOR HOUSE BILL NO. 459(FIN) am "An Act establishing new eligibility for medical assistance for certain disabled persons and giving their eligibility for services the highest priority among optional services and groups under the medical assistance program; amending the definition of 'personal care services in a recipient's home' as used in the medical assistance program; moving midwife services from being the first to being the 14th service eliminated under the medical assistance program when there is insufficient funding; and adjusting the priority of optional services and optional eligible groups under the medical assistance program in order to reflect the new priorities given to the newly-eligible disabled persons and to midwife services but without otherwise changing the relative order of the other optional services and optional groups." SENATE CONCURRENT RESOLUTION NO. 31 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 459, relating to the medical assistance program. CS FOR HOUSE JOINT RESOLUTION NO. 56(RLS) Relating to yttrium mining and transfer of the linear induction motor research vehicle to Alaska. HOUSE CONCURRENT RESOLUTION NO. 36 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 153, relating to special request motor vehicle license plates to commemorate the arts. CS FOR HOUSE BILL NO. 7(JUD) "An Act authorizing establishment of community dispute resolution centers to foster the resolution of disputes between juvenile offenders and their victims, and providing immunity from civil suits for youth courts and for members of the boards of directors, employees, volunteers, and members of youth courts." SENATE CONCURRENT RESOLUTION NO. 30 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 7, relating to establishment of community dispute resolution centers. CS FOR HOUSE BILL NO. 451(JUD) "An Act relating to assistive technology devices and mobility aids for physically disabled persons." PREVIOUS SENATE COMMITTEE ACTION HB 230 - See Community & Regional Affairs minutes dated 5/8/98. HB 239 - See Transportation minutes dated 4/28/98. Finance report 5/6/98. SCR 31 - No previous action to record. HJR 56 - See Community & Regional Affairs minutes dated 5/8/98. HCR 36 - No previous action to record. HB 7 - See Judiciary minutes dated 2/4/98, 3/4/98 and 3/6/98. Finance referral waived 5/8/98. SCR 30 - No previous action to record. HB 451 - See Labor and Commerce Committee minutes dated 4/28/98. WITNESS REGISTER ACTION NARRATIVE TAPE 98-6, SIDE A CHAIRMAN KELLY called the Senate Rules Committee meeting to order at 12:00 p.m. SENATOR LEMAN moved and asked unanimous consent CSHB 230(FIN) - AHFC HOUSING FUNDS & PROGRAMS be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent SCR 31 - SUSPEND UN RLS: TITLE CHANGE FOR HB 459 be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent CSHJR 56(RLS) - YTTRIUM MINING be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent HCR 36 - SUSPEND UNIFORM RULES FOR SB 153 be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent CSHB 7(JUD) - VICTIM/JUVENILE OFFENDER MEDIATION be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN moved and asked unanimous consent SCR 30 - SUSPEND UNIFORM RULES FOR HB 7 be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. CHAIRMAN KELLY brought CSHB 451(JUD) - ASSISTIVE TECHNOLOGY & MOBILITY AIDS before the committee directed attention to a proposed Rules SCS. TIM BENINTENDI, Senate Rules Committee Aide, explained the Rules SCS adds in the provision for certain personnel to be certified to teach and assist in technology and equipment courses and training for the blind and visually impaired. SENATOR TAYLOR added that the primary purpose of the legislation is to provide a level of certification and training that blind people can rely upon, and he thinks it is a safety and health issue that is a real concern. SENATOR LEMAN moved the adoption of SCS CSHB 451(RLS). Hearing no objection, the motion carried. SENATOR LEMAN moved and asked unanimous consent SCS CSHB 451(RLS) be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. CHAIRMAN KELLY brought CSHB 459(FIN) am - MEDICAL ASSISTANCE: DISABLED & OTHERS before the committee as the final order of business, and directed attention to a proposed Rules SCS. TIM BENINTENDI, Senate Rules Committee Aide, explained the difference between the Rules SCS and the Finance SCS is that subsection (k) has been deleted from page 4 of the Finance version. SENATOR TORGERSON explained it was an amendment he had proposed and was adopted in the Finance Committee. However, it has met with some opposition from the industry and the Department of Environmental Conservation so he is requesting the subsection be deleted from the bill. SENATOR LEMAN referenced page 1, line 6 and noted the Resources Committee adopted an amendment that put the maximum fee that the department could charge for the direct marketing fishing vessel at $100, whereas it is $150 in the Rules SCS. He then moved an amendment that the amount be changed from $150 to $125. SENATOR TORGERSON objected to the amendment, stating that the department had a problem with the $100 amount, and he believes the department will not support lowering the amount from $150. CHAIRMAN KELLY stated there would be a roll call vote on Senator Leman's motion to change $150 to $125. The roll was taken with the following result: Senators Kelly and Leman voted "Yea" and Senators Torgerson, Duncan and Taylor voted "Nay." CHAIRMAN KELLY stated the amendment failed on a 2-3 vote. SENATOR LEMAN moved the adoption of SCS CSHB 459(RLS). Hearing no objection, the motion carried. SENATOR LEMAN moved and asked unanimous consent SCS CSHB 459(RLS) be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN pointed out that an amendment made in the Senate Finance Committee, relating to midwife services, is not consistent with the title of the bill. CHAIRMAN KELLY requested a rescinding motion on approving the legislation for calendaring. SENATOR LEMAN moved that the committee rescind its previous action in approving SCS CSHB 459(RLS) for calendaring. Hearing no objection, CHAIRMAN KELLY stated the rescinding motion carried and that the committee would take up the legislation once again on the following day. There being no further business to come before the committee, the meeting adjourned at 12:08 p.m.