Legislature(1999 - 2000)
04/23/1999 01:46 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE
April 23, 1999
1:46 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Dave Donley
Senator John Torgerson
Senator Johnny Ellis
MEMBERS ABSENT
Senator Rick Halford, Vice-Chairman
COMMITTEE CALENDAR
SENATE BILL NO. 110
"An Act relating to liability involving certain property acquired
by a governmental entity; and providing for an effective date."
-MOVED CSSB 110(JUD) OUT OF COMMITTEE
SENATE BILL NO. 109
"An Act relating to prohibited campaign contributions; and
providing for an effective date."
-SCHEDULED BUT NOT HEARD
PREVIOUS SENATE COMMITTEE ACTION
SB 110 - See Judiciary minutes dated 4-12-99.
SB 109 - See Judiciary minutes dated 4-19-99.
WITNESS REGISTER
Senator Gary Wilken
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented SB 110
Mr. Virgil Norton
PO Box 141796
Anchorage, AK 99514
POSITION STATEMENT: Offered amendments to SB 110
ACTION NARRATIVE
TAPE 99-28, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:46 and announced SB 110 would be the first order of
business.
SB 110-PROPERTY ACQUIRED BY GOVT. ENTITY
SENATOR GARY WILKEN reminded the committee SB 110 relates to
liability of a municipality for foreclosed land. Senator Wilken
said the proposed version of the bill is a compromise between the
Fairbanks North Star Borough (FNSB) and the Department of
Environmental Conservation (DEC).
SENATOR WILKEN said the new bill applies only to state and local
governments, and does not apply to the federal government.
SENATOR WILKEN stated he reviewed the comments submitted by Mr.
Virgil Norton, and concluded Mr. Norton's comments go beyond the
scope of SB 110. He does not support incorporating them into this
bill. He maintained his support for the committee substitute.
Number 052
MR. VIRGIL NORTON, testifying via teleconference from Anchorage,
wanted to be sure the committee had received his fax. CHAIRMAN
TAYLOR assured him they had. He informed MR. NORTON that the
committee substitute before the committee does not include his
suggestions, as the sponsor did not want to incorporate these
changes into this version.
MR. NORTON said at issue is the definition of "release," which
includes a permitted release or an act of nature. Currently, under
strict liability, DEC holds property owners liable for releases
they had no knowledge of at the time they acquired the property. He
said under this definition even leaching constitutes a release. MR.
NORTON commented, "The government does not always take these laws
and interpret them the way the legislature intended them to be,"
and this denies an innocent landowner the "innocent landowner
defense."
Number 158
CHAIRMAN TAYLOR assured MR. NORTON the committee had received his
three amendments.
MR. NORTON said he understands why the definition of "release" was
drafted to be broad but the 470 fund, managed properly, could pay
for cleanup of a contaminated site if the landowner is unavailable
or cannot pay. MR. NORTON alleged DEC is "a renegade, out-of-
control agency."
Number 178
CHAIRMAN TAYLOR asked why the legislature should limit liability
for cities and not citizens. SENATOR WILKEN said that was a bigger
issue he was unwilling to tackle in this bill.
Number 188
CHAIRMAN TAYLOR moved amendment #1 suggested by MR. NORTON. The
text of the amendment reads:
(1) For purposes of determining liability in an
action to recover damages or costs under AS 46.03.822, a
release shall be deemed to have occurred when a hazardous
substance is first introduced into the environment. A
party, other than the party responsible for the initial
release, who has acted responsibly upon discovering
contamination in accordance with (2)(A) & (B) of this
section may not be held liable for the spread or
migration of the hazardous substance except by an act of
intentional misconduct or gross negligence.
CHAIRMAN TAYLOR remarked, "If it's good for the goose, it ought to
be good for the gander." Without objection, Amendment #1 was
adopted.
Number 200
CHAIRMAN TAYLOR moved Amendment #2. The text of the amendment
reads:
(9) "release" means any spilling, leaking, pumping,
pouring, emitting, emptying, leaching, dumping or
disposing into the environment, including the abandonment
or discarding of barrels, containers, and other closed
receptacles containing any hazardous substance, but
excluding
(A) any release that results in exposure to persons
solely within a workplace, with respect to a claim that
those persons may assert against the persons' employer;
and
(B) emissions from the engine exhaust of a motor
vehicle, rolling stock, aircraft or vessel:
(C ) An act of nature occurring after the release of
the hazardous substance into the environment.
Without objection, Amendment #2 was adopted.
Number 208
CHAIRMAN TAYLOR moved Amendment #3. The text of the amendment
reads:
*Sec. 4. Adding a new subsection to read amends A.S.
46.03.822;
(1) Notwithstanding other provisions of this section
and notwithstanding the definition of "release" in AS
46.03.826, for the purposes of this section, a release is
considered to have occurred when a hazardous substance is
first introduced into the environment, and a person is
not liable for the spread or migration of the hazardous
substance after its initial release if
(1) The person was not responsible for the initial
release
(2) The person has satisfied the requirements of
(2)(A), & (B) by acting responsibly after discovery of
the release and
(3) Has not caused or increased the spread or
migration through intentional misconduct or gross
negligence
(4) The person is a governmental entity that
acquired the facility
(A) By escheat, bankruptcy, foreclosure, tax
delinquency, or abandonment;
(B) [Or] through an [ANOTHER] involuntary
transfer or acquisition:[;] or
(C ) Through the exercise of eminent domain
authority by purchase or condemnation;
(3) The person is a corporation organized under 43
U.S.C. 1601-1629e (Alaska Native Claims Settlement Act)
that acquired the facility under those sections;
(4) The person inherited the facility by inheritance or
bequest; or
(5) The person is a state governmental entity and
the state acquired the property under Public Law 85-508
(Alaska Statehood Act).
Without objection, Amendment #3 was adopted.
Number 215
CHAIRMAN TAYLOR moved to adopt the committee substitute (Version
K/Cook) and indicated the amendments adopted would be incorporated
into this committee substitute. Without objection, the committee
substitute was adopted.
SENATOR DONLEY moved CSSB 110 (JUD) from committee with individual
recommendations. SENATOR ELLIS objected. The roll was called.
Voting to move the bill were SENATOR DONLEY, SENATOR TORGERSON, and
CHAIRMAN TAYLOR. SENATOR ELLIS was opposed. CSSB 110(JUD) moved
from committee with individual recommendations.
CHAIRMAN TAYLOR announced SB 109 would not be taken up. He
commented that he would like to explore the question of whether the
state now has or will adopt a Hatch Act. CHAIRMAN TAYLOR also
asserted it is totally inappropriate for nonpartisan elected
officials to misuse their offices to endorse candidates or
otherwise influence political campaigns.
Number 243
SENATOR DONLEY mentioned it would be helpful to the committee if
anyone having written comments on SB 109 would submit them.
CHAIRMAN TAYLOR agreed, saying they would welcome ideas.
With nothing further to come before the committee, CHAIRMAN TAYLOR
adjourned the committee at 2:04 p.m.
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