Legislature(2005 - 2006)

05/02/2005 02:09 PM JUD


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SB 101 - REVISOR'S BILL                                                                                                       
                                                                                                                                
2:18:18 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  announced that the  final order of  business would                                                               
be CS  FOR SENATE  BILL NO. 101(JUD),  "An Act  making corrective                                                               
amendments to the  Alaska Statutes as recommended  by the revisor                                                               
of statutes; and providing for an effective date."                                                                              
                                                                                                                                
JAMES  CRAWFORD, Assistant  Revisor,  Legislative Legal  Counsel,                                                               
Legislative  Legal  and  Research Services,  Legislative  Affairs                                                               
Agency  (LAA), presented  SB 101  on behalf  of the  Senate Rules                                                               
Standing   Committee,  sponsor   of  the   bill  by   request  of                                                               
Legislative  Council.    He  relayed  that  revisor's  bills  are                                                               
prepared  annually under  the authority  of  AS 01.05.036,  which                                                               
commands the revisor to fix  problems in statute.  Those problems                                                               
and  their solutions  fall into  three general  categories.   The                                                               
first category involves problems  the solutions for which improve                                                               
the form  or substance of  the law, and  this is the  most common                                                               
category  of solution  found in  SB 101  and include  grammatical                                                               
corrections  and  conforming   statutes  to  the  drafting-manual                                                               
style.     For  example,  Section   66,  which  pertains   to  AS                                                               
46.14.010(b), proposes  to replace the term  "emission unit" with                                                               
"emissions  unit" because  the latter  term  mirrors the  federal                                                               
term, as  is now  required by  federal regulations  regarding air                                                               
quality control.                                                                                                                
                                                                                                                                
MR.  CRAWFORD  relayed  that  the   second  category  of  problem                                                               
addressed  by revisor's  bills  involves  solutions that  correct                                                               
oversights  or  errors.    In  other  words,  if  language  in  a                                                               
particular  section   of  statute   doesn't  exactly   match  the                                                               
legislative  intent, the  revisor's  bill tries  to conform  that                                                               
language  with the  intent, intent  as  it pertains  to a  policy                                                               
choice that  has already  been made.   This  is the  least common                                                               
category of  solution in  SB 101, though  one example  is Section                                                               
21,  which pertains  to AS  13.26.332 -  statutory form  power of                                                               
attorney -  and which proposes to  replace the phrase "as  I have                                                               
checked" with  the phrase  "as indicated";  the latter  phrase is                                                               
more correct  because according  to the  remainder of  the form's                                                               
language,  checking  an item  never  actually  occurs.   He  also                                                               
relayed  that   the  third  category  of   problem  addressed  by                                                               
revisor's  bills  involve   solutions  for  obsolete  provisions.                                                               
Provisions  can become  obsolete  either through  the passage  of                                                               
time or  through the  repeal of other  provisions.   For example,                                                               
Section  35 -  which pertains  to AS  16.43.460(b) -  proposes to                                                               
reflect the repeal of AS 16.43.901 and AS 16.43.906.                                                                            
                                                                                                                                
MR.  CRAWFORD went  on to  explain that  the changes  proposed in                                                               
revisor's bills  address problems that  have been brought  to the                                                               
revisor's attention, either through  statute reviews conducted by                                                               
Legislative  Legal  and  Research Services,  or  through  statute                                                               
reviews  conducted  by  the  Department of  Law  (DOL)  or  other                                                               
departments.   After a revisor's  bill is initially  drafted, all                                                               
three  of  the LAA's  revisors  review  the proposed  changes  to                                                               
ensure that they are appropriate  to include in a revisor's bill,                                                               
since such bills  must be nonpartisan and policy-neutral.   It is                                                               
very important  that revisor's bills  do not make any  new policy                                                               
choices, even inadvertently.  After  the aforementioned review, a                                                               
revisor's bill  is sent to the  DOL where it is  parceled out for                                                               
further  review.   After this  occurs,  the bill  is returned  to                                                               
Legislative  Legal and  Research  Services  for finalization  and                                                               
submission to Legislative Council.                                                                                              
                                                                                                                                
2:24:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG referred  to page 9, line  16, and asked                                                               
whether there should be a comma [added] after the word "below".                                                                 
                                                                                                                                
MR.  CRAWFORD  said  that  from  a  grammatical  standpoint,  the                                                               
language  is fine  as  is, but  he  would not  object  to such  a                                                               
change.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG turned  attention  to  Section 42,  and                                                               
asked  why  it is  proposing  to  eliminate the  intent  language                                                               
currently included in AS 26.10.060(a).                                                                                          
                                                                                                                                
MR.  CRAWFORD  explained  that that  intent  language  refers  to                                                               
reemployment  benefits  granted by  a  federal  statute, and  the                                                               
provisions in  that federal statute which  granted those benefits                                                               
have since been repealed.  In  response to a further question, he                                                               
relayed that  [Section 91] proposes  to repeal AS  14.08.031(d) -                                                               
which  stipulates  that  U.S.  Bureau  of  Indian  Affairs  (BIA)                                                               
schools shall  be included in  a regional  educational attendance                                                               
area  (REAA)  boundary -  because  the  BIA  does not  manage  or                                                               
supervise schools in  the state of Alaska; proposes  to repeal AS                                                               
18.50.950(4)  - which  stipulates  that  "child adoption  agency"                                                               
means a child  adoption agency licensed under AS  47.35 - because                                                               
the term being defined  is not used in AS 18.50 and  so it is not                                                               
necessary to  include such  a definition  there; and  proposes to                                                               
repeal  AS 46.14.250(e)  -  which stipulates  in  part that  with                                                               
regard to  emission fees,  the department  shall set  the initial                                                               
fee  rate for  the  first  two years  following  approval of  the                                                               
permit program  under this chapter  by the  federal administrator                                                               
on  the  basis of  dollars  per  ton  of assessable  emissions  -                                                               
because the time  frame referenced in that language  has come and                                                               
gone.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  Mr.   Crawford  to  do  further                                                               
research regarding the proposed repeal of AS 18.50.950(4).                                                                      
                                                                                                                                
MR. CRAWFORD agreed to do so.                                                                                                   
                                                                                                                                
2:28:55 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  announced that SB 101  would be held over  for the                                                               
purpose of further reviewing the proposed changes.                                                                              

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