Legislature(2001 - 2002)

02/20/2001 03:40 PM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    SB  82-2001 REVISOR'S BILL                                                                              
PAM FINLEY,  revisor of statutes,  said HCR  5 is a "clean  up bill"                                                            
and suggestions  come from bill drafters,  the Executive  Branch and                                                            
the  general  public.  Policy  choices  and  political  issues  are,                                                            
understandably, avoided.                                                                                                        
She referred  to the State  Affairs CS for  the bill saying  that it                                                            
adds Section  21 and 23 to  the bill to  correct errors found  after                                                            
Legislative  Council had their meeting.  Section 23 gives  a special                                                            
effective  date of July 1  because the section  that it is  amending                                                            
doesn't take effect until July 1.                                                                                               
CHAIRMAN THERRIAULT  asked whether those were new  sections added to                                                            
the bill and not problems with the original wording.                                                                            
MS. FINLEY said that is correct.                                                                                                
CHAIRMAN  THERRIAULT said  that his  staff had  conducted a  lengthy                                                            
sectional analysis,  checked all the statutory references  and found                                                            
"nothing  hidden."  He  noted that  there  was  a zero  fiscal  note                                                            
MS. FINLEY said she was pleased to hear that.                                                                                   
CHAIRMAN  THERRIAULT asked  for a motion to  adopt the Senate  State                                                            
Affairs version of the bill.                                                                                                    
SENATOR PHILLIPS made the motion to adopt CS SB 82 (STA).                                                                       
CHAIRMAN  THERRIAULT asked  for amendments  to the working  document                                                            
and there were none.                                                                                                            
SENATOR HALFORD asked for an explanation of section 3.                                                                          
MS. FINLEY said  that was the result of a mistake,  by a revisor, in                                                            
another  revisor bill.  "There were  two bills changing  the  end of                                                            
that spanned  reference, (AS 16.05.330-16.05.)  723. I think  it was                                                            
(AS 16.05.)  700 and there were other  ones added so it was  changed                                                            
to (AS  16.05.) 723  and there were  two sections  in the  revisor's                                                            
bill in which  that change to the  end of the spanned reference  was                                                            
made. The  first section  started out (AS  16.05.) 440 and  this one                                                            
started out (AS  16.05.) 330 and I think what happened  is they just                                                            
duplicated the change in  the second section. There was no intention                                                            
to change 440  to 330. I was concerned  that that might-because  330                                                            
actually  will  pick  up  the  fishing  licensing  fees.  So  I  was                                                            
concerned  that it might  actually,  even though  it was undoing  an                                                            
error, that it might change  something on the ground. I asked George                                                            
Utermohle, our  fish and game person, to look into  that and to talk                                                            
to the  Department of Fish  and Game about  it. Everyone now  seems.                                                            
satisfied that it will  not change anything." There is a memo in the                                                            
committee  packets  from Mr.  Utermohle  about the  aquatic  farming                                                            
triennial license.                                                                                                              
SENATOR HALFORD  asked about the next to last paragraph  in the memo                                                            
that reads,  "It is my conclusion  that an aquatic farming  activity                                                            
authorized by  a permit issued under AS 16.40 is not  subject to the                                                            
aquatic farming triennial  license and that a…" He asked whether "we                                                            
are doing what he says."                                                                                                        
MS. FINLEY  said yes, that in making  the change there is  no change                                                            
in law. What he's  saying now is "As the law stands  now, an aquatic                                                            
farming activity authorized  by a permit under 640 is not subject to                                                            
the triennial license that  is in, I believe it is, 330. By changing                                                            
from 440 to 330, we're not changing anything."                                                                                  
SENATOR HALFORD said, "He said it may be useful to amend 930."                                                                  
MS. FINLEY  said that  it is a  long and complicated  issue  but she                                                            
believes  he is saying  there was  an ambiguity  that arose  when AS                                                            
16.40.100-199  was enacted and it wasn't clear how  they interacted.                                                            
It is his opinion  that the amendment in the revisor's  bill doesn't                                                            
change anything.                                                                                                                
CHAIRMAN  THERRIAULT asked  if that's  appropriate  for a  revisor's                                                            
MS. FINLEY  said no, she'd  rather have the  Department of  Fish and                                                            
Game deal with it.                                                                                                              
Number 1580                                                                                                                     
SENATOR HALFORD said that  partial fixes were being made and it came                                                            
from a revisor's bill.                                                                                                          
MS.  FINLEY  said it  is  her intention  to  fix  problems.  without                                                            
causing  other  harm. She  could  ask Fish  and  Game  if they  have                                                            
suggestions  on amending  AS 16.05.930(g)  but she  doesn't want  to                                                            
change anything that isn't necessary.                                                                                           
CHAIRMAN THERRIAULT said there was no problem holding the bill.                                                                 
SENATOR HALFORD  commented that this is a situation  where "you pull                                                            
on a thread…"                                                                                                                   
SENATOR PHILLIPS  asked about the change from 19 to  18 years of age                                                            
on page 1 line 9.                                                                                                               
Number 544                                                                                                                      
MS. FINLEY  said that when the age  of minority was changed  from 19                                                            
to 18, AS 13.06.050(29)  wasn't amended and this takes  care of that                                                            
oversight.  When the uniform  probate code  definition was  enacted,                                                            
the age  of majority,  which was 19,  was put in;  later the  age of                                                            
majority was changed to  18 but the definition was not changed here.                                                            
Therefore,  if   you're  the  age  of  majority  you   shouldn't  be                                                            
considered a minor under the uniform probate code.                                                                              
CHAIRMAN  THERRIAULT  said he  wanted to  hold the  bill so  members                                                            
could  more thoroughly  read  and understand  the  memo from  George                                                            
Utermohle. It is also his intention to contact Fish & Game.                                                                     
SB 82 was held in committee.                                                                                                    

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