Legislature(1993 - 1994)

03/24/1994 08:35 AM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                                                                               
                     HOUSE FINANCE COMMITTEE                                   
                         March 24, 1994                                        
                            8:35 A.M.                                          
                                                                               
  TAPE HFC 94 - 81, Side 2, #000 - end.                                        
  TAPE HFC 94 - 82, Side 1, #000 - #336.                                       
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair Larson  called the House  Finance Committee meeting                 
  to order at 8:35 A.M.                                                        
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Larson               Representative Foster                          
  Co-Chair MacLean              Representative Martin                          
  Vice-Chair Hanley             Representative Navarre                         
  Representative Brown          Representative Parnell                         
  Representative Grussendorf    Representative Therriault                      
                                                                               
  Representative Hoffman was not present for the meeting.                      
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Representative  Bill  Hudson; Representative  Gail Phillips;                 
  Laddie  Shaw, Executive  Director,  Alaska Police  Standards                 
  Council, Department of Public Safety; Clark Gruening, Alaska                 
  Visitor's  Association,  Juneau;  Ken  Erickson,  Staff   to                 
  Senator Drue Pearce; Paul Rusanowski, Director,  Division of                 
  Governmental Coordination, Office of Governor.                               
                                                                               
  SUMMARY                                                                      
  SB 238    An  Act  establishing a  procedure  for  review of                 
            proposed   projects   under  the   Alaska  coastal                 
            management program, and relating  to petitions for                 
            compliance  with  and   enforcement  of   district                 
            coastal management programs under that program and                 
            to the disposition of those petitions.                             
                                                                               
            SB  238  was   HELD  in   Committee  for   further                 
            consideration.                                                     
  HB 300    An Act relating to  civil liability for commercial                 
            recreational  activities;  and  providing  for  an                 
            effective date.                                                    
                                                                               
            CS HB 300 (JUD) was reported out of Committee with                 
            a "do  pass" recommendation  and with zero  fiscal                 
            notes by the Department of Administration  and the                 
            Department of Commerce and Economic Development.                   
                                                                               
                                1                                              
                                                                               
                                                                               
  HB 302    An Act excluding  certain recreational  activities                 
            sponsored  by an  employer from  coverage provided                 
            under workers' compensation,  unless participation                 
            is  required as  a  condition  of employment;  and                 
            providing for an effective date.                                   
                                                                               
            HB  302   was  HELD   in  Committee  for   further                 
            consideration.                                                     
  HB 319    An Act relating to the training of law enforcement                 
            and corrections officers;  to the establishment of                 
            surcharges  to  be  assessed   for  violations  of                 
            certain  traffic  offenses;  creating  the  Alaska                 
            Police Standards Training  Fund; and providing for                 
            an effective date.                                                 
                                                                               
            CS HB 319 (FIN) was reported out of Committee with                 
            "no recommendations" and with a fiscal note by the                 
            Department  of Public Safety and zero fiscal notes                 
            by the Alaska  Court System and the  Department of                 
            Law.                                                               
                                                                               
  HOUSE BILL 319                                                               
                                                                               
       "An Act relating to the training of law enforcement and                 
       corrections   officers;   to   the   establishment   of                 
       surcharges  to  be assessed  for violations  of certain                 
       traffic offenses; creating the Alaska Police  Standards                 
       Training Fund; and providing for an effective date."                    
                                                                               
  LADDIE  SHAW, EXECUTIVE  DIRECTOR,  ALASKA POLICE  STANDARDS                 
  COUNCIL, DEPARTMENT OF PUBLIC  SAFETY, updated the Committee                 
  stating that the fiscal notes had  been changed and that the                 
  effective  date  would  become  January  1,  1996.   An  RSA                 
  adjustment had  been made  to the Alaska  Court System  note                 
  under the contractual component.  Discussion  followed among                 
  Committee members regarding the fiscal  needs for police and                 
  officer training.                                                            
                                                                               
  Co-Chair   MacLean  advised  that  during  the  interim  the                 
  Governor had established  a Contract  Jail Task Force  which                 
  summarized  the need  for  statewide  correction  and  peace                 
  officer training.  Representative MacLean suggested that the                 
  funds  generated  from  the  surcharge  could  be  used  for                 
  training needs.                                                              
                                                                               
  Representative Brown  inquired  how  the  program  could  be                 
  introduced to rural  areas.  Mr.  Shaw noted that  currently                 
  there are a  number of satellite  dishes which are not  used                 
  during  the entire  day.   The  Department  could use  those                 
  satellite  dishes  effectively  for  a   small  cost.    The                 
                                                                               
                                2                                              
                                                                               
                                                                               
  intention  initially,   would  be  to  coordinate  with  the                 
  distance learning base through software programs.                            
                                                                               
  Co-Chair  MacLean  MOVED  to  adopt  work  draft 8-LS1237\R,                 
  Luckhaupt, 3/16/94 for HB 319.  There being NO OBJECTION, it                 
  was adopted.                                                                 
                                                                               
  Representative Brown MOVED to adopt Amendment #1 which would                 
  delete the $10 dollar surcharge while keeping the $25 dollar                 
  surcharge for the  more serious violations.  [Copy on file].                 
  Co-Chair MacLean OBJECTED.                                                   
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Brown                                                    
       OPPOSED:       Hanley,   Martin,   Navarre,    Parnell,                 
                      Therriault, Foster, Larson, MacLean                      
                                                                               
  Representatives Grussendorf and Hoffman were not present for                 
  the vote.                                                                    
                                                                               
  The MOTION FAILED (1-8).                                                     
                                                                               
  Co-Chair MacLean  MOVED to  report CS  HB 319  (FIN) out  of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.   There  being NO OBJECTIONS,  it                 
  was so ordered.                                                              
                                                                               
  CS  HB  319 (FIN)  was reported  out  of Committee  with "no                 
  recommendations" and with a fiscal note by the Department of                 
  Public Safety  and zero  fiscal  notes by  the Alaska  Court                 
  System and the Department of Law.                                            
  HOUSE BILL 302                                                               
                                                                               
       "An  Act  excluding  certain   recreational  activities                 
       sponsored  by an employer  from coverage provided under                 
       workers' compensation, unless participation is required                 
       as  a  condition of  employment;  and providing  for an                 
       effective date."                                                        
                                                                               
  Representative  Navarre  requested  that the  House  Finance                 
  Committee WAIVE HB 302 from Committee.   He advised that the                 
  legislation  would  exclude  certain  sport  officials   and                 
  recreational  activities  sanctioned  by  an  employer  from                 
  coverage provided under  worker's compensation.   Discussion                 
  followed among Committee members regarding  the bill and the                 
  action.                                                                      
                                                                               
  Co-Chair  Larson  acknowledged  the request  and  offered to                 
  present the recommendation on the  House floor the following                 
  day (3/25/94) unless members objected.                                       
                                                                               
                                3                                              
                                                                               
                                                                               
  HB 302 was HELD in Committee for further discussion.                         
  HOUSE BILL 300                                                               
                                                                               
       "An  Act  relating to  civil  liability for  commercial                 
       recreational activities; and providing for an effective                 
       date."                                                                  
                                                                               
  REPRESENTATIVE  BILL   HUDSON  stated   that  the   proposed                 
  legislation  has   the  support  of   the  Alaska   Visitors                 
  Association   and   the    Alaska   Wilderness    Recreation                 
  Association.      HB  300   was   introduced  to   establish                 
  responsibility  of  persons who  operate and  participate in                 
  commercial recreational activities.   Representative  Hudson                 
  added  that  similar  legislation   introduced  in  Colorado                 
  impacted the state by  decreasing insurance premiums fifteen                 
  to twenty percent (15% -20%).                                                
                                                                               
  Representative   Navarre  noted   his   concern  with   Sec.                 
  05.45.020,  "Contributory  Negligence"   and  asked  if  the                 
  language was new.  Representative Hudson replied that it was                 
  existing language.  He added that this section would provide                 
  provisions similar to  the ski bill which  previously passed                 
  the Committee.  Operators have the responsibility to explain                 
  fundamental and inherent risks which are not apparent  to an                 
  inexperienced participant.   The proposed  legislation would                 
  not modify the individuals liability.                                        
                                                                               
  Representative Parnell referenced Page 2, Line 17, and asked                 
  if the word  "using" would  be restrictive.   Representative                 
  Hudson clarified that the language  suggests control of your                 
  person, children and  any equipment  or devices and  animals                 
  that should engage in the activity must take responsibility.                 
  Representative Navarre stressed that the person  maintaining                 
  the   operation   must   be  given   equal   responsibility.                 
  Representative Hudson advised that the legislation would not                 
  eliminate all potential litigations.                                         
                                                                               
  CLARK  GRUENING,  ALASKA   VISITOR'S  ASSOCIATION,   JUNEAU,                 
  informed the  Committee members that HB 300 differs from the                 
  ski bill which dealt with the "inherent risk" of skiing.  In                 
  that legislation, the attempt was to define "inherent risk".                 
  HB 300  does not attempt to  define a bar to  recovery which                 
  falls  within the risk area.  This legislation addresses the                 
  "contributory negligence".                                                   
                                                                               
  Mr. Gruening  continued that  the section  which deals  with                 
  "contributory negligence" is new.  That section requires the                 
  operator to  explain the risks and to provide instruction in                 
  order to protect the user.                                                   
                                                                               
                                                                               
                                4                                              
                                                                               
                                                                               
  Representative Brown  asked if "weather" would be considered                 
  an  "inherent  risk".     Mr.  Gruening  stated   it  would.                 
  Discussion  followed  among   Committee  members   regarding                 
  activities  which  involve  weather   conditions  and  guide                 
  operators.                                                                   
                                                                               
  (Tape Change, HFC 94-82, Side 1).                                            
                                                                               
  Representative Foster MOVED to report CS HB 300 (JUD) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.  There being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  CS  HB 300 (JUD)  was reported out  of Committee with  a "do                 
  pass"  recommendation  and  with zero  fiscal  notes  by the                 
  Department of  Commerce  and Economic  Development  and  the                 
  Department of Administration.                                                
  SENATE BILL 238                                                              
                                                                               
       "An Act establishing a procedure for review of proposed                 
       projects under the  Alaska coastal management  program,                 
       and  relating  to  petitions  for  compliance with  and                 
       enforcement  of  district  coastal management  programs                 
       under  that  program and  to  the disposition  of those                 
       petitions."                                                             
                                                                               
  KEN ERICKSON, STAFF  TO SENATOR DRUE PEARCE, stated that the                 
  Coastal Policy  Committee (CPC)  coordinates State  agencies                 
  and local coastal  districts in reviewing and  issuing State                 
  permits for proposed development  projects affecting natural                 
  resources in Alaska's coastal  zones.  SB 238 would  clarify                 
  when and how certain parties can petition the Coastal Policy                 
  Council  during   an  Alaska   Coastal  Management   Program                 
  consistency review.                                                          
                                                                               
  He added that the  bill would correct a problem  that occurs                 
  when a petition is brought before  the council after a final                 
  commission level decision  on a consistency review  has been                 
  made.  Under  the current Alaska Coastal  Management Program                 
  statutes and regulations, the State's resource commissioners                 
  cannot delegate their  responsibility to  participate in  an                 
  elevation  consistency  determination  to  the  commissioner                 
  level, nor  may they delegate  their authority  to decide  a                 
  petition  in  the  final  consistency  determination.    The                 
  clarifications would  ensure that complaints  are heard  and                 
  addressed in a timely manner.   Mr. Erickson summarized that                 
  the bill  would ensure  that citizens,  State agencies,  and                 
  affected projects have  a voice in the  development policies                 
  of the state's coastal areas.                                                
                                                                               
  PAUL   RUSANOWSKI,   DIRECTOR,   DIVISION  OF   GOVERNMENTAL                 
                                                                               
                                5                                              
                                                                               
                                                                               
  COORDINATION, OFFICE OF THE GOVERNOR, provided the Committee                 
  with background information on the proposed legislation.  In                 
  1977, when the Legislature enacted  AS 46.40.100, it created                 
  an ability for  certain people to  appeal issues to the  CPC                 
  through "petitions".  In 1984, when the CPC promulgated it's                 
  regulations  creating  the  consistency review  process  for                 
  consistency determinations in 6 AAC 50, it amended a section                 
  of  the regulations  that  specifically allowed  consistency                 
  determinations  to be reviewed by the CPC, intending to have                 
  consistency determinations appealed to  court rather than to                 
  the CPC.                                                                     
                                                                               
  At that  time there was no commensurate  statutory change to                 
  AS 46.40.100.   Since regulations cannot remove  a statutory                 
  right,  the  ability  to  bring  a  petition  from  a  final                 
  consistency determination to the COC remains.  The situation                 
  has created a dual appeal mechanism, consequently, conflicts                 
  have arisen.                                                                 
                                                                               
  Representative Brown  questioned how  the legislation  would                 
  affect  the  oil  and  gas  lease  sale.     Mr.  Rusanowski                 
  acknowledged there  would be  no  change in  how the  system                 
  determination was made  for an oil or  gas lease sale.   The                 
  legislation would provide  an opportunity for the  public to                 
  comment on the system determination.                                         
  Mr. Rusanowski noted that the Commissioner of the Department                 
  of Natural Resources would be prohibited from making a final                 
  determination  until disposal of the  appeal.  He added that                 
  the Coastal  Policy Council would  have thirty (30)  days to                 
  address the consideration  of comments  which would have  to                 
  occur at the regional or director level.                                     
                                                                               
  Representative Foster  commented on  a letter  of opposition                 
  from Unalakleet, the Bering Straits Coastal Resource Service                 
  Area Board indicating their concern with the deletion of due                 
  deference to that  local coastal district.  [Copy  on file].                 
  Mr. Rusanowski  responded  that a  representative  from  the                 
  Bering Straits participated in  the meetings which generated                 
  the consensus bill and  that they are aware of  the process.                 
  The board objects  because there has  been a petition  which                 
  was handled in their district in  which the process had been                 
  unsatisfactory in addressing local interest and concerns.                    
                                                                               
  Representative  Foster asked if  the Bering  Straits Coastal                 
  Resource  Service   Area  Board  continues  to   oppose  the                 
  legislation.  Mr. Rusanowski stated they do.                                 
                                                                               
  Representative Hanley MOVED to report CS SB 238 (FIN) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.  Representative Foster  OBJECTED.                 
                                                                               
                                                                               
                                6                                              
                                                                               
                                                                               
  A roll call was taken on the MOTION.                                         
                                                                               
       IN FAVOR:      Hanley,  Martin,   Navarre,  Therriault,                 
                      Brown.                                                   
       OPPOSED:       Foster, Grussendorf, Larson.                             
                                                                               
  Representatives  Hoffman,  Parnell  and   MacLean  were  not                 
  present for the vote.                                                        
                                                                               
  Lacking six votes to move a  bill from Committee, the MOTION                 
  FAILED (5-3).                                                                
                                                                               
  SB 238 was HELD in Committee for further consideration.                      
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 9:40 A.M.                                           
                                                                               
                                                                               
                     HOUSE FINANCE COMMITTEE                                   
                         March 24, 1994                                        
                            8:35 A.M.                                          
                                                                               
  TAPE HFC 94 - 81, Side 2, #000 - end.                                        
  TAPE HFC 94 - 82, Side 1, #000 - #336.                                       
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair Larson called the  House Finance Committee  meeting                 
  to order at 8:35 A.M.                                                        
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Larson               Representative Foster                          
  Co-Chair MacLean              Representative Martin                          
  Vice-Chair Hanley             Representative Navarre                         
  Representative Brown          Representative Parnell                         
  Representative Grussendorf    Representative Therriault                      
                                                                               
  Representative Hoffman was not present for the meeting.                      
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Representative  Bill  Hudson; Representative  Gail Phillips;                 
  Laddie  Shaw, Executive  Director,  Alaska Police  Standards                 
  Council, Department of Public Safety; Clark Gruening, Alaska                 
  Visitor's  Association,  Juneau;  Ken  Erickson,  Staff   to                 
  Senator  Drue Pearce; Paul Rusanowski, Director, Division of                 
  Governmental Coordination, Office of Governor.                               
                                                                               
  SUMMARY                                                                      
                                                                               
                                                                               
                                7                                              
                                                                               
                                                                               
  SB 238    An  Act  establishing  a procedure  for  review of                 
            proposed   projects   under  the   Alaska  coastal                 
            management program, and  relating to petitions for                 
            compliance  with  and   enforcement  of   district                 
            coastal management programs under that program and                 
            to the disposition of those petitions.                             
                                                                               
            SB  238   was  HELD   in  Committee  for   further                 
            consideration.                                                     
                                                                               
  HB 300    An Act relating to civil liability for  commercial                 
            recreational  activities;  and  providing  for  an                 
            effective date.                                                    
                                                                               
            CS HB 300 (JUD) was reported out of Committee with                 
            a  "do pass" recommendation  and with  zero fiscal                 
            notes by the Department  of Administration and the                 
            Department of Commerce and Economic Development.                   
                                                                               
  HB 302    An Act excluding  certain recreational  activities                 
            sponsored  by an  employer from  coverage provided                 
            under workers' compensation,  unless participation                 
            is required  as  a condition  of  employment;  and                 
            providing for an effective date.                                   
                                                                               
            HB  302   was  HELD   in  Committee   for  further                 
            consideration.                                                     
                                                                               
  HB 319    An Act relating to the training of law enforcement                 
            and corrections officers;  to the establishment of                 
            surcharges  to  be  assessed   for  violations  of                 
            certain  traffic  offenses;  creating  the  Alaska                 
            Police Standards Training  Fund; and providing for                 
            an effective date.                                                 
                                                                               
            CS HB 319 (FIN) was reported out of Committee with                 
            "no recommendations" and with a fiscal note by the                 
            Department of Public Safety  and zero fiscal notes                 
            by the Alaska  Court System and the  Department of                 
            Law.                                                               
                                                                               
  HOUSE BILL 319                                                               
                                                                               
       "An Act relating to the training of law enforcement and                 
       corrections   officers;   to   the   establishment   of                 
       surcharges  to be  assessed  for violations  of certain                 
       traffic offenses; creating the Alaska Police  Standards                 
       Training Fund; and providing for an effective date."                    
                                                                               
  LADDIE  SHAW, EXECUTIVE  DIRECTOR,  ALASKA POLICE  STANDARDS                 
  COUNCIL, DEPARTMENT OF PUBLIC SAFETY, updated  the Committee                 
  stating that the fiscal notes had  been changed and that the                 
                                                                               
                                8                                              
                                                                               
                                                                               
  effective  date  would become  January  1,  1996.    An  RSA                 
  adjustment had  been made  to the  Alaska Court  System note                 
  under the contractual component.   Discussion followed among                 
  Committee members regarding the fiscal  needs for police and                 
  officer training.                                                            
                                                                               
  Co-Chair  MacLean  advised  that  during   the  interim  the                 
  Governor had established  a Contract  Jail Task Force  which                 
  summarized  the  need  for  statewide  correction and  peace                 
  officer training.  Representative MacLean suggested that the                 
  funds  generated  from  the  surcharge  could  be  used  for                 
  training needs.                                                              
                                                                               
  Representative  Brown  inquired  how  the program  could  be                 
  introduced to  rural areas.   Mr. Shaw noted  that currently                 
  there are a  number of satellite  dishes which are not  used                 
  during  the entire  day.   The  Department  could use  those                 
  satellite  dishes  effectively  for  a   small  cost.    The                 
  intention  initially,  would  be   to  coordinate  with  the                 
  distance learning base through software programs.                            
                                                                               
  Co-Chair  MacLean MOVED  to  adopt  work  draft  8-LS1237\R,                 
  Luckhaupt, 3/16/94 for HB 319.  There being NO OBJECTION, it                 
  was adopted.                                                                 
                                                                               
  Representative Brown MOVED to adopt Amendment #1 which would                 
  delete the $10 dollar surcharge while keeping the $25 dollar                 
  surcharge for the  more serious violations.  [Copy on file].                 
  Co-Chair MacLean OBJECTED.                                                   
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Brown                                                    
       OPPOSED:       Hanley,   Martin,   Navarre,    Parnell,                 
                      Therriault, Foster, Larson, MacLean                      
                                                                               
  Representatives Grussendorf and Hoffman were not present for                 
  the vote.                                                                    
                                                                               
  The MOTION FAILED (1-8).                                                     
                                                                               
  Co-Chair MacLean  MOVED to  report CS  HB 319  (FIN) out  of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.   There  being NO OBJECTIONS,  it                 
  was so ordered.                                                              
                                                                               
  CS  HB  319 (FIN)  was reported  out  of Committee  with "no                 
  recommendations" and with a fiscal note by the Department of                 
  Public Safety  and zero  fiscal  notes by  the Alaska  Court                 
  System and the Department of Law.                                            
                                                                               
  HOUSE BILL 302                                                               
                                                                               
                                9                                              
                                                                               
                                                                               
       "An  Act  excluding  certain   recreational  activities                 
       sponsored by  an employer from coverage  provided under                 
       workers' compensation, unless participation is required                 
       as  a  condition of  employment;  and providing  for an                 
       effective date."                                                        
                                                                               
  Representative Navarre  requested  that  the  House  Finance                 
  Committee WAIVE HB 302 from Committee.   He advised that the                 
  legislation  would  exclude  certain   sport  officials  and                 
  recreational  activities  sanctioned  by  an  employer  from                 
  coverage provided  under worker's compensation.   Discussion                 
  followed among Committee members regarding  the bill and the                 
  action.                                                                      
                                                                               
  Co-Chair Larson  acknowledged  the request  and  offered  to                 
  present the recommendation on the  House floor the following                 
  day (3/25/94) unless members objected.                                       
                                                                               
  HB 302 was HELD in Committee for further discussion.                         
                                                                               
  HOUSE BILL 300                                                               
                                                                               
       "An  Act relating  to  civil  liability for  commercial                 
       recreational activities; and providing for an effective                 
       date."                                                                  
                                                                               
  REPRESENTATIVE  BILL   HUDSON  stated   that  the   proposed                 
  legislation  has   the  support   of  the  Alaska   Visitors                 
  Association   and   the    Alaska   Wilderness    Recreation                 
  Association.     HB   300   was   introduced  to   establish                 
  responsibility  of persons  who  operate and  participate in                 
  commercial recreational activities.   Representative  Hudson                 
  added  that  similar  legislation   introduced  in  Colorado                 
  impacted the state by decreasing  insurance premiums fifteen                 
  to twenty percent (15% -20%).                                                
                                                                               
  Representative   Navarre  noted   his   concern  with   Sec.                 
  05.45.020,  "Contributory  Negligence"   and  asked  if  the                 
  language was new.  Representative Hudson replied that it was                 
  existing language.  He added that this section would provide                 
  provisions similar to  the ski bill which  previously passed                 
  the Committee.  Operators have the responsibility to explain                 
  fundamental and inherent risks which are not apparent  to an                 
  inexperienced participant.   The proposed  legislation would                 
  not modify the individuals liability.                                        
                                                                               
  Representative Parnell referenced Page 2, Line 17, and asked                 
  if the word  "using" would  be restrictive.   Representative                 
  Hudson clarified that the language  suggests control of your                 
  person, children and  any equipment  or devices and  animals                 
  that should engage in the activity must take responsibility.                 
                                                                               
                               10                                              
                                                                               
                                                                               
  Representative Navarre stressed that  the person maintaining                 
  the  operation   must   be   given   equal   responsibility.                 
  Representative Hudson advised that the legislation would not                 
  eliminate all potential litigations.                                         
                                                                               
  CLARK  GRUENING,  ALASKA   VISITOR'S  ASSOCIATION,   JUNEAU,                 
  informed the Committee members that HB  300 differs from the                 
  ski bill which dealt with the "inherent risk" of skiing.  In                 
  that legislation, the attempt was to define "inherent risk".                 
  HB 300 does  not attempt to define  a bar to  recovery which                 
  falls within the risk area.   This legislation addresses the                 
  "contributory negligence".                                                   
                                                                               
  Mr. Gruening  continued that  the section  which deals  with                 
  "contributory negligence" is new.  That section requires the                 
  operator to explain the risks and  to provide instruction in                 
  order to protect the user.                                                   
                                                                               
  Representative Brown asked if  "weather" would be considered                 
  an  "inherent  risk".     Mr.  Gruening  stated   it  would.                 
  Discussion  followed  among   Committee  members   regarding                 
  activities  which  involve  weather   conditions  and  guide                 
  operators.                                                                   
                                                                               
  (Tape Change, HFC 94-82, Side 1).                                            
                                                                               
  Representative Foster MOVED to report CS HB 300 (JUD) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.  There being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  CS HB  300 (JUD)  was reported out  of Committee with  a "do                 
  pass"  recommendation  and  with zero  fiscal  notes  by the                 
  Department  of  Commerce and  Economic  Development and  the                 
  Department of Administration.                                                
                                                                               
  SENATE BILL 238                                                              
                                                                               
       "An Act establishing a procedure for review of proposed                 
       projects under the  Alaska coastal management  program,                 
       and relating  to  petitions  for  compliance  with  and                 
       enforcement  of  district  coastal management  programs                 
       under  that  program and  to  the disposition  of those                 
       petitions."                                                             
                                                                               
  KEN ERICKSON, STAFF  TO SENATOR DRUE PEARCE, stated that the                 
  Coastal Policy  Committee (CPC)  coordinates State  agencies                 
  and local coastal  districts in reviewing and  issuing State                 
  permits for proposed development  projects affecting natural                 
  resources in Alaska's coastal  zones.  SB 238 would  clarify                 
  when and how certain parties can petition the Coastal Policy                 
  Council  during   an  Alaska   Coastal  Management   Program                 
                                                                               
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  consistency review.                                                          
                                                                               
  He added that the  bill would correct a problem  that occurs                 
  when a petition is brought before  the council after a final                 
  commission level decision  on a consistency review  has been                 
  made.  Under  the current Alaska Coastal  Management Program                 
  statutes and regulations, the State's resource commissioners                 
  cannot delegate  their responsibility  to participate in  an                 
  elevation  consistency  determination  to  the  commissioner                 
  level, nor  may they  delegate their  authority to decide  a                 
  petition  in  the  final  consistency  determination.    The                 
  clarifications would  ensure that  complaints are  heard and                 
  addressed in a timely manner.  Mr. Erickson summarized  that                 
  the bill  would ensure  that citizens,  State agencies,  and                 
  affected projects have  a voice in the  development policies                 
  of the state's coastal areas.                                                
                                                                               
  PAUL   RUSANOWSKI,   DIRECTOR,   DIVISION  OF   GOVERNMENTAL                 
  COORDINATION, OFFICE OF THE GOVERNOR, provided the Committee                 
  with background information on the proposed legislation.  In                 
  1977, when the Legislature enacted  AS 46.40.100, it created                 
  an ability for  certain people to  appeal issues to the  CPC                 
  through "petitions".  In 1984, when the CPC promulgated it's                 
  regulations  creating  the  consistency review  process  for                 
  consistency determinations in 6 AAC 50, it amended a section                 
  of  the regulations  that  specifically allowed  consistency                 
  determinations  to be reviewed by the CPC, intending to have                 
  consistency determinations appealed to court  rather than to                 
  the CPC.                                                                     
                                                                               
  At that  time there was no commensurate  statutory change to                 
  AS 46.40.100.   Since regulations cannot remove  a statutory                 
  right,  the  ability  to  bring  a  petition  from  a  final                 
  consistency determination to the COC remains.  The situation                 
  has created a dual appeal mechanism, consequently, conflicts                 
  have arisen.                                                                 
                                                                               
  Representative Brown  questioned how  the legislation  would                 
  affect  the  oil  and  gas  lease  sale.     Mr.  Rusanowski                 
  acknowledged there  would be  no  change in  how the  system                 
  determination was made  for an oil  or gas lease sale.   The                 
  legislation would provide  an opportunity for the  public to                 
  comment on the system determination.                                         
                                                                               
  Mr. Rusanowski noted that the Commissioner of the Department                 
  of Natural Resources would be prohibited from making a final                 
  determination until disposal  of the appeal.   He added that                 
  the  Coastal Policy Council  would have thirty  (30) days to                 
  address the consideration  of comments  which would have  to                 
  occur at the regional or director level.                                     
                                                                               
  Representative Foster  commented on  a letter  of opposition                 
                                                                               
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  from Unalakleet, the Bering Straits Coastal Resource Service                 
  Area Board indicating their concern with the deletion of due                 
  deference to that local coastal  district.  [Copy on  file].                 
  Mr.  Rusanowski responded  that  a representative  from  the                 
  Bering Straits participated in  the meetings which generated                 
  the consensus bill and  that they are aware of  the process.                 
  The board objects  because there has  been a petition  which                 
  was handled in their district in  which the process had been                 
  unsatisfactory in addressing local interest and concerns.                    
                                                                               
  Representative Foster  asked if the  Bering Straits  Coastal                 
  Resource  Service   Area  Board  continues  to   oppose  the                 
  legislation.  Mr. Rusanowski stated they do.                                 
                                                                               
  Representative Hanley MOVED to report CS SB 238 (FIN) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.  Representative Foster  OBJECTED.                 
                                                                               
                                                                               
  A roll call was taken on the MOTION.                                         
                                                                               
       IN FAVOR:      Hanley,  Martin,  Navarre,   Therriault,                 
                      Brown.                                                   
       OPPOSED:       Foster, Grussendorf, Larson.                             
                                                                               
  Representatives  Hoffman,  Parnell  and  MacLean  were   not                 
  present for the vote.                                                        
                                                                               
  Lacking six votes to move a  bill from Committee, the MOTION                 
  FAILED (5-3).                                                                
                                                                               
  SB 238 was HELD in Committee for further consideration.                      
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 9:40 A.M.                                           
                                                                               
                                                                               
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