Legislature(1993 - 1994)
04/28/1993 02:30 PM Senate JUD
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE
April 28, 1993
2:30 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Rick Halford, Vice-Chairman
Senator George Jacko
Senator Suzanne Little
MEMBERS ABSENT
Senator Dave Donley
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 167(FIN)
"An Act relating to air quality control and the prevention,
abatement, and control of air pollution; relating to
inspection and enforcement powers of the Department of
Environmental Conservation; and providing for an effective
date."
CS FOR HOUSE BILL NO. 109(JUD)
"An Act relating to blood tests for persons charged with sex
offenses; and providing for an effective date."
HOUSE BILL NO. 160(title am)
"An Act relating to the time for filing certain civil actions
based on a defect in an improvement to real property; and
providing for an effective date."
HB 73 (ANCSA STATE TAX EXEMPTIONS) was scheduled, but not
taken up this date.
HB 78 (TESTIMONY OF MINORS IN CRIMINAL TRIALS) was scheduled,
but not taken up this date.
HB 97 (PARENTAL CARE FOR CHILD IN STATE CUSTODY) was
scheduled, but not taken up this date.
HB 101 (NATIONAL ELECTRICAL CODE) was scheduled, but not taken
up this date.
HB 170 (EXTEND BOARD OF MARINE PILOTS) was scheduled, but not
taken up this date.
PREVIOUS SENATE COMMITTEE ACTION
HB 167 - No previous action to record.
HB 109 - No previous action to record.
HB 160 - No previous action to record.
HB 73 - See Community & Regional Affairs minutes dated
3/9/93.
HB 78 - No previous action to record.
HB 97 - See HESS minutes dated 4/14/93 and 4/16/93.
HB 101 - See Labor & Commerce minutes dated 3/23/93 and
4/13/93.
HB 170 - See Labor & Commerce minutes dated 4/22/93.
WITNESS REGISTER
Representative Mark Hanley
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on CSHB 167(FIN)
Senator Mike Miller
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on SCS
CSHB 167(JUD)
Mary Nordale, Attorney At Law
representing Alaska Forest Association
240 Main St., Suite 200
Juneau, AK 99801
POSITION STATEMENT: Testified in support of amendment to
SCS CSHB 167(JUD)
Robert Reges, Assistant Attorney General
Department of Law
P.O. Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Proposed amendment to SCS CSHB 167(JUD)
Representative Pete Kott
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HB 109
Senator Loren Leman
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on HB 160
ACTION NARRATIVE
TAPE 93-54, SIDE A
Number 001
Chairman Robin Taylor called the Judiciary Committee meeting
to order at 2:30 p.m.
SENATOR TAYLOR brought CSHB 167(FIN) (AIR QUALITY CONTROL
PROGRAM) before the committee as the first order of business.
Number 020
REPRESENTATIVE MARK HANLEY, prime sponsor of HB 167, explained
that the Federal Clean Air Act requires that either the State
of Alaska have a federally approved air quality program in
place by November 15, 1993, or the federal government will
step in and run the program for the state, as well as deduct
a substantial amount of federal highway funds if the state
doesn't take it over. He believes it is better for the
Alaska's industry and its people to have the state run the
program.
Representative Hanley pointed out that the fiscal notes
submitted by the Department of Environmental Conservation are
substantially less than what the Environmental Protection
Agency suggested it would cost to run the program. He added
that the federal government requires industry that is
regulated by the program to pay the entire cost of the
program.
Representative Hanley said the legislation has had extensive
work in the House and he believes that most of the concerns
expressed in their hearings have been addressed. EPA believes
that it meets the requirements that they feel have to be met
to have an approvable law and the Department of Environmental
Conservation is comfortable at this point with the law the way
it stands.
Representative Hanley noted that one section in the bill that
has generated a lot of discussion provides that if the
department wants to go beyond a federal standard, or, if they
want to adopt a standard for which there is no federal
standard, they have to go through a number of steps.
Number 100
SENATOR JACKO moved that SCS CSHB 167(JUD) be adopted.
SENATOR LITTLE objected and asked for an explanation on the
differences between the Senate version and the House version.
SENATOR MIKE MILLER said most of the changes made in the
Senate CS are technical changes and one change that he would
consider a policy change. He then outlined the following
changes made to the House version of the bill:
On page 18, beginning on line 21, the section relates to
penalty and interest for nonpayment. In the House version it
was set at 5 percent per month for a maximum of 25 percent.
The Senate version changes that to prime rate plus 2 percent.
On page 3, line 2, it requires the department to use the
.010 and .015 process in order to adopt emission limitations
for federally exempt sources, new sources, or new facilities.
In the House version .010 allowed the department to establish
such emissions without using the .010 and .015 process.
On page 6, lines 30 & 31 and page 7, line 6, statute
references were added as technical amendments.
On page 14, beginning on line 19, subsection (c) was
deleted.
On page 21, line 22, "amendment and modification" was
deleted and replaced with "expedited authorization" to provide
internal consistency in the language.
On page 26, line 10, the word "warrant" was deleted and
the phrase "provide a reasonable basis to regulate the source"
was inserted as a technical amendment to clarify the intent
of the word "warrant" and to create consistency within the
bill.
On page 25, line 31, a new paragraph (b) was added to
provide clarification regarding a local program use of .010
and .015 procedures.
On page 26, line 11, the words "excluding watercraft" was
added to clarify that the term "mobile source" does not
include watercraft.
On page 31, line 26, the word "on-site" was deleted
because the term is unnecessarily restrictive because many
emergencies have off-site causes.
Senator Miller noted that a further amendment relating to the
definition of "facility" would also be needed.
Number 240
SENATOR TAYLOR asked if there were any further objections to
the adoption of SCS CSHB 167(JUD). Hearing none, he stated
SCS CSHB 167(JUD) was adopted.
SENATOR TAYLOR then moved the following amendment to page 4,
line 9: After "(b)" delete "If requested by an owner or
operator whose facility would be affected by a regulation
described in AS 46.14.010(b)" and capitalize "t."
MARY NORDALE, representing the Alaska Forest Association,
stated their support for the amendment. Without the
requirement, there would be no independent peer review on
regulations proposed by the department that would impose more
stringent standards or limitations, and this would have a most
detrimental effect on small businesses.
Ms. Nordale said that DEC has indicated that in the last 20
years it has sought to exceed federal standards on only two
occasions. DEC has also indicated that it is unlikely that
regulations imposing more stringent standards will be adopted
in the near future.
Number 325
SENATOR JACKO moved the adoption of the amendment to page 4,
line 9 of SCS CSHB 167(JUD). Hearing no objection, the Chair
stated the amendment was adopted.
Number 330
ROBERT REGES, Assistant Attorney General, Department of Law,
said a consortium of individuals had worked for several days
to try to clarify the definition of "facility" and they were
proposing the following amendment:
Page 33, line 4: After the word "unloading" delete the words
"that is required to be regulated under" and insert the words
", consistent with."
Page 33, line 6: after the words "those sections;" delete "a
facility regulated under this provision may be regulated by
the department only to the extent required under 42 U.S.C.
7401 - 767 1q (Clean Air Act);"
Mr. Reges said the amendment would make three things
unequivocally clear:
(1) When and if DEC goes to regulate emissions from
vessels, it will do so consistent with the law and
interpretations of that law;
(2) If and when the department goes to regulate vessel
emissions, it would be done by regulation and not permit; and
(3) It would codify that adoption would proceed through
the .010 and .015 process.
Number 362
SENATOR TAYLOR asked if the amendment was intended to
primarily impact vessels loading fuel and cargos at Valdez.
ROBERT REGES answered that Valdez would be one of the
facilities that would be affected.
Number 380
SENATOR HALFORD moved adoption of the amendment as outlined
by Mr. Reges to page 33, lines 4 & 6 to SCS CSHB 167(JUD).
Hearing no objection, the Chair stated the amendment was
adopted.
SENATOR HALFORD moved that SCS CSHB 167(JUD), as amended, be
passed out of committee with individual recommendations.
SENATOR LITTLE objected.
SENATOR LITTLE then moved the following amendment to page 13,
lines 10 & 11: delete "private, substantive." There was
objection stated to the amendment and the roll was taken with
the following result: Senator Little voted "Yea" and Senators
Halford, Jacko and Taylor voted "Nay." The Chair stated the
motion failed.
SENATOR HALFORD renewed his motion to move SCS CSHB 167(JUD)
out of committee with individual recommendations. Hearing no
further objection, the motion carried.
Number 440
SENATOR TAYLOR introduced CSHB 109(JUD) (BLOOD TESTS ON SEX
CRIME PERPETRATORS) as the next order of business.
REPRESENTATIVE PETE KOTT, prime sponsor of HB 109, said the
legislation is a victim's rights bill. Victims of rape and
other sexual assaults are faced with many difficulties, not
of which the least is the fear of infection by sexually
transmitted diseases. The victim of a sexual assault has a
right to know whether the alleged offender is infected with
HIV or some other sexually transmitted disease.
HB 109 allows victims to get early warning about possible
exposure and to take precautions necessary to protect
themselves and their loved ones from the threat of a disease.
Number 456
SENATOR LITTLE said her fear in approving the legislation was
that it may give victims a false hope, because in the case
of an HIV infection, it may not show up for some time.
REPRESENTATIVE KOTT agreed that with HIV there is no guarantee
that an individual has the virus or doesn't have the virus,
but what they are trying to address with the legislation is
to allow some of the concerns to be minimized.
Number 475
SENATOR HALFORD moved that CSHB 109(JUD) be passed out of
committee with individual recommendations. SENATOR LITTLE
objected. The roll was taken with the following result:
Senators Halford, Jacko and Taylor voted "Yea" and Senator
Little voted "Nay." The Chair stated the motion carried.
Number 480
SENATOR TAYLOR brought HB 160(title am) (LIABILITY OF
DESIGN/CONSTRUCTION PROS) before the committee as the final
order of business.
SENATOR LOREN LEMAN said it his understanding that the version
of HB 160 before the committee is identical to SB 73, which
was previously heard by the Judiciary Committee.
Senator Leman directed attention to an amendment by Senator
Taylor which he said clarifies that in those cases where a
party is judged to be immune, that immunity is shifted to the
other parties, to the extent that they are involved, in
proportion to their fault. He added that he would prefer that
the bill go unamended, however, he would like to see it move
out of committee.
Because the committee had lost its quorum, HB 160 was held
over.
There being no further business to come before the committee,
the meeting was adjourned at 3:17 p.m.
| Document Name | Date/Time | Subjects |
|---|