02/16/1994 01:15 PM House JUD

  REP. PORTER then called for HB 415.                                          
                                                                               
  HB 415 - 1994 REVISOR'S BILL                                                 
                                                                               
  Number 088                                                                   
                                                                               
  DAVE DIERDORFF, Legislative Affairs Agency, Legal Counsel,                   
  testified that HB 415 mainly fixes problems in earlier                       
  legislation transferring the Alaska Energy Authority to the                  
  Department of Community and Regional Affairs.  He said they                  
  discovered the problems before the Governor signed the                       
  legislation and came up with the amendments in HB 415,                       
  Sections 6 through 15, made it available to the executive                    
  branch and they have been acting since the Governor signed                   
  the bill as though this were the law.  Mr. Dierdorff                         
  explained the intent was to transfer these functions without                 
  change in the terms of the dynamic relationship, and these                   
  amendments simply complete the job that wasn't completed                     
  last year when the law passed, which is why these sections                   
  are made retroactive to the effective date of that                           
  particular law.                                                              
                                                                               
  MR. DIERDORFF discussed Section 1, which just restates the                   
  law so it is clearer to those who read it, and what it                       
  really means, which is a portion of the permanent fund is                    
  exempt and a portion isn't.  He discussed Section 2, which                   
  codifies an Alaska Court of Appeals decision, taking a                       
  definition from one part of the law and applying it to                       
  another, and they agree that decision was correct.  Mr.                      
  Dierdorff continued with Section 3, which is a conforming                    
  amendment to make sure that the language of the King Salmon                  
  tags is the same throughout the statutes, which was an                       
  oversight last year in the Omnibus (inaudible) bill.                         
                                                                               
  MR. DIERDORFF discussed Sections 4 and 5, which change                       
  boilerplates to match other boilerplates.  He said Section                   
  16 takes care of an oversight in last year's Executive Order                 
  84.  He said it doesn't even belong in the revisors bill,                    
  but was a favor to the Department of Law.  He said it                        
  relates to the sunset date for the Human Relations                           
  Commission of 1993, and under the law that means it's not                    
  here anymore, so you really need to address the sunset or                    
  lack thereof, and the committee could take this provision                    
  out and the Human Relations Commission won't have a sunset                   
  date, or it can be taken out and the committee can ask the                   
  Health, Education and Social Services Committee to consider                  
  a bill addressing it, or can change the name and let it be.                  
  Mr. Dierdorff said his preference is to take it out of there                 
  because it doesn't belong in HB 415.                                         
                                                                               
  Number 238                                                                   
                                                                               
  MR. DIERDORFF continued discussing Section 17, which gets                    
  rid of reference to a division that doesn't exist in that                    
  form anymore.  He said the repealers are pretty straight                     
  forward.  Mr. Dierdorff referenced an amendment in front of                  
  the committee which takes care of a mistake made several                     
  years ago to include elk as a domestic mammal lawfully                       
  owned.  They were conforming this definition to the Elk Game                 
  Farming statutes, and Fish and Game asked them to go back to                 
  the law as it was so they can enforce the game laws with                     
  respect to all elk except those that are in licensed elk                     
  forms, and this would close the loophole regarding certain                   
  things relating to regulation and control of elk.  Mr.                       
  Dierdorff said the effective date would go back to the                       
  original legislation.  Finally, they have added one item to                  
  the repealers and that is simply a redundancy in the law                     
  that needs to be taken care of.                                              
                                                                               
  Number 300                                                                   
                                                                               
  REP. PHILLIPS moved Amendment No. 1, and hearing no                          
  objection it was so moved.                                                   
                                                                               
  AMENDMENT NO. 1 WAS ADOPTED.                                                 
                                                                               
  Number 311                                                                   
                                                                               
  REP. PORTER asked for additional explanation about Section                   
  16.                                                                          
                                                                               
  Number 339                                                                   
                                                                               
  MR. DIERDORFF said in the executive order the Governor used                  
  to consolidate the commissions into the Human Relations                      
  Commission, including the Women's Commission, they realized                  
  after the fact that an error had been made, but what he has                  
  been saying is that because that sunset date has passed now,                 
  there is a bigger question.  He continued, saying in January                 
  of 1993 it would have made a lot more sense to do it,                        
  because then you still had some time to look at it to decide                 
  to extend it or not, but in 1994 it's a little harder to                     
  rationalize it being here.                                                   
                                                                               
  Number 342                                                                   
                                                                               
  REP. PHILLIPS moved to delete Section 16 from HB 415 and                     
  turn it over to the HESS Committee.                                          
                                                                               
  AMENDMENT NO. 2 WAS SO MOVED.                                                
                                                                               
  REP. DAVIDSON made the motion to move HB 415 out of                          
  committee as amended with individual recommendations.                        
  Hearing no objection, it was so moved.                                       
                                                                               
  CSHB 415 (JUD) WAS MOVED FROM COMMITTEE WITH INDIVIDUAL                      
  RECOMMENDATIONS.                                                             
                                                                               
  ADJOURNMENT                                                                  
  CHAIRMAN PORTER adjourned the meeting at 3:31 p.m.