Legislature(1993 - 1994)

04/28/1993 02:30 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   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.                                        
                                                                               

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