Legislature(2017 - 2018)BELTZ 105 (TSBldg)

03/26/2018 01:30 PM JUDICIARY

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Audio Topic
01:31:20 PM Start
01:31:44 PM Confirmation Hearing(s): Alaska Police Standards Council
01:51:09 PM SB175
01:57:47 PM SB202
02:28:19 PM HB43
02:30:19 PM Confirmation Hearing(s): Alaska Police Standards Council
02:36:35 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Consideration of Governor's Appointees
+ Alaska Police Standards Council TELECONFERENCED
- Larry Nicholson
- David Knapp
- Michael Craig
<Above Items Added to Agenda>
+= SB 175 DNR: DISCLOSURE OF CONFIDENTIAL INFO TELECONFERENCED
Heard & Held
-- Public Testimony --
+ SB 202 NATIVE CORP. LIABILITY FOR CONTAMINATION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 43 NEW DRUGS FOR THE TERMINALLY ILL TELECONFERENCED
Moved CSHB 43(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 26, 2018                                                                                         
                           1:31 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Coghill, Chair                                                                                                     
Senator Mia Costello                                                                                                            
Senator Pete Kelly                                                                                                              
Senator Bill Wielechowski                                                                                                       
Senator Mike Shower                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Alaska Police Standards Council                                                                                               
                                                                                                                                
     Justin Doll - Anchorage                                                                                                    
     Larry Nicholson - Kodiak                                                                                                   
     David Knapp - Palmer                                                                                                       
     Michael Craig - Anchorage                                                                                                  
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
SENATE BILL NO. 175                                                                                                             
"An  Act authorizing  the commissioner  of  natural resources  to                                                               
disclose   confidential  information   in  an   investigation  or                                                               
proceeding, including  a lease royalty audit,  appeal, or request                                                               
for  reconsideration and  issue a  protective order  limiting the                                                               
persons who have access to the confidential information."                                                                       
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 202                                                                                                             
"An Act relating to the liability of a Native corporation for                                                                   
the release or threatened release of hazardous substances                                                                       
present on certain lands."                                                                                                      
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
CS FOR HOUSE BILL NO. 43(JUD)                                                                                                   
"An Act  relating to  prescribing, dispensing,  and administering                                                               
an  investigational  drug,  biological   product,  or  device  by                                                               
physicians for  patients who are  terminally ill for  the purpose                                                               
of sustaining  the patient's life; providing  immunity related to                                                               
manufacturing, distributing, or  providing investigational drugs,                                                               
biological products, or devices;  and relating to licensed health                                                               
care facility requirements."                                                                                                    
                                                                                                                                
     - MOVED CSHB 43(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 175                                                                                                                  
SHORT TITLE: DNR: DISCLOSURE OF CONFIDENTIAL INFO                                                                               
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/05/18       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/05/18       (S)       JUD, RES                                                                                               
03/21/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/21/18       (S)       Heard & Held                                                                                           
03/21/18       (S)       MINUTE(JUD)                                                                                            
03/26/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 202                                                                                                                  
SHORT TITLE: NATIVE CORP. LIABILITY FOR CONTAMINATION                                                                           
SPONSOR(s): SENATOR(s) HOFFMAN                                                                                                  
                                                                                                                                
02/19/18       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/19/18       (S)       RES, JUD                                                                                               
02/26/18       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/26/18       (S)       Moved SB 202 Out of Committee                                                                          
02/26/18       (S)       MINUTE(RES)                                                                                            
02/28/18       (S)       RES RPT  4DP 2NR                                                                                       
02/28/18       (S)       DP: GIESSEL, BISHOP, COGHILL, VON IMHOF                                                                
02/28/18       (S)       NR: STEDMAN, MEYER                                                                                     
03/26/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB  43                                                                                                                  
SHORT TITLE: NEW DRUGS FOR THE TERMINALLY ILL                                                                                   
SPONSOR(s): REPRESENTATIVE(s) GRENN                                                                                             
                                                                                                                                
01/18/17       (H)       PREFILE RELEASED 1/13/17                                                                               

01/18/17 (H) READ THE FIRST TIME - REFERRALS

01/18/17 (H) HSS, JUD 02/28/17 (H) HSS AT 3:00 PM CAPITOL 106 02/28/17 (H) Heard & Held 02/28/17 (H) MINUTE(HSS) 03/02/17 (H) HSS AT 3:00 PM CAPITOL 106 03/02/17 (H) Heard & Held 03/02/17 (H) MINUTE(HSS) 03/07/17 (H) HSS AT 3:00 PM CAPITOL 106 03/07/17 (H) Moved HB 43 Out of Committee 03/07/17 (H) MINUTE(HSS) 03/08/17 (H) HSS RPT 5DP 1NR 1AM 03/08/17 (H) DP: JOHNSTON, TARR, EDGMON, SULLIVAN- LEONARD, SPOHNHOLZ 03/08/17 (H) NR: KITO 03/08/17 (H) AM: EASTMAN 03/29/17 (H) JUD AT 1:00 PM GRUENBERG 120 03/29/17 (H) Heard & Held 03/29/17 (H) MINUTE(JUD) 04/03/17 (H) JUD AT 1:00 PM GRUENBERG 120 04/03/17 (H) Moved CSHB 43(JUD) Out of Committee 04/03/17 (H) MINUTE(JUD) 04/05/17 (H) JUD RPT CS(JUD) NT 5DP 1NR 04/05/17 (H) DP: EASTMAN, KOPP, FANSLER, LEDOUX, CLAMAN 04/05/17 (H) NR: REINBOLD 04/10/17 (H) TRANSMITTED TO (S) 04/10/17 (H) VERSION: CSHB 43(JUD) 04/11/17 (S) READ THE FIRST TIME - REFERRALS 04/11/17 (S) HSS, JUD

01/24/18 (S) HSS AT 1:30 PM BUTROVICH 205

01/24/18 (S) Heard & Held

01/24/18 (S) MINUTE(HSS)

01/29/18 (S) HSS AT 1:30 PM BUTROVICH 205

01/29/18 (S) Moved CSHB 43(JUD) Out of Committee

01/29/18 (S) MINUTE(HSS)

01/31/18 (S) HSS RPT 3DP 1NR

01/31/18 (S) DP: VON IMHOF, BEGICH, GIESSEL

01/31/18 (S) NR: MICCICHE 02/28/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 02/28/18 (S) Heard & Held 02/28/18 (S) MINUTE(JUD) 03/26/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) WITNESS REGISTER LARRY SHANE NICHOLSON, Appointee Alaska Police Standards Council Kodiak, Alaska POSITION STATEMENT: Testified as appointee to the Alaska Police Standards Council. CHIEF JUSTIN T. DOLL, Appointee Alaska Police Standards Council Anchorage, Alaska POSITION STATEMENT: Testified as appointee to the Alaska Police Standards Council. DAVID GILBERT KNAPP, Appointee Alaska Police Standards Council Palmer, Alaska POSITION STATEMENT: Testified as appointee to the Alaska Police Standards Council. KARA MORIARITY, President and CEO Alaska Oil and Gas Association (AOGA) Anchorage, Alaska POSITION STATEMENT: Voiced concern with SB 175. MARIDON BOARIO, Staff Senator Lyman Hoffman Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Introduced SB 202 on behalf of the sponsor. HALLIE BISSETT, Executive Director Alaska Native Village Corporation Association (ANVCA) Anchorage, Alaska POSITION STATEMENT: Provided supporting testimony for SB 202. EMILY NAUMAN, Legislative Counsel Legislative Legal Services Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Answered questions related to SB 202 MICHAEL EDWARD CRAIG, Appointee Alaska Police Standards Council Anchorage, Alaska POSITION STATEMENT: Testified as appointee to the Alaska Police Standards Council. ACTION NARRATIVE 1:31:20 PM CHAIR JOHN COGHILL called the Senate Judiciary Standing Committee meeting to order at 1:31 p.m. Present at the call to order were Senators Costello, Kelly, and Chair Coghill. ^Confirmation Hearing(s): Alaska Police Standards Council CONFIRMATION HEARING(S) Alaska Police Standards Council 1:31:44 PM CHAIR COGHILL announced the first order of business would be consideration of governor appointees to the Alaska Police Standards Council. He asked Sergeant Nicholson to tell the committee about his interest in serving on the Alaska Police Standards Council. 1:32:55 PM LARRY SHANE NICHOLSON, Appointee, Alaska Police Standards Council, said he's a sergeant with the wildlife troopers and has been in law enforcement for 19 years. He currently holds the position of supervisor of the Kodiak Post as the Alaska Wildlife Troopers Sergeant. He said he believes that his experience and insight in law enforcement would be beneficial to the council and his experience in training would help maintain current standards. He hopes to be an asset on the council. 1:34:56 PM CHAIR COGHILL asked if he had attended any council meetings. SERGEANT NICHOLSON said no. CHAIR COGHILL asked if he had identified any things that needed to be addressed. SERGEANT NICHOLSON said at this point he was all ears and open mind. 1:35:59 PM SENATOR SHOWER joined the committee. CHAIR COGHILL thanked Sergeant Nicholson for being willing to serve. CHAIR COGHILL asked Chief Doll to tell the committee about his interest in serving on the Alaska Police Standards Council. 1:36:49 PM CHIEF JUSTIN T. DOLL, Appointee, Alaska Police Standards Council, Anchorage, Alaska, stated that he was the chief of police with the Anchorage Police Department and was honored to be asked to serve on the Alaska Police Standards Council. He said he has attended council meetings and believes it is important for law enforcement to offer to serve to help maintain the ethical and moral standards that everyone expects from Alaska law enforcement officers. The Alaska Police Standards Council is an important part of that. He noted that members had copies of his resume and offered to answer questions about his background and training. CHAIR COGHILL asked how the standards for conduct in Alaska and Anchorage compare to other jurisdictions. CHIEF DOLL said he believes that the standard of the Anchorage Police Department is higher than the template put out by the Alaska Police Standards Council, but he recognizes the importance of balance and having a standard that is wide enough that small rural agencies can meet their recruiting goals. CHAIR COGHILL asked if the current system can identify bad actors and deal with them appropriately. CHIEF DOLL said he believes the standards the council has established generally reveal those issues. 1:40:14 PM SENATOR SHOWER asked if he had any thoughts about local law enforcement and the state troopers partnering with citizen patrol groups to combat crime. CHIEF DOLL said APD encourages any neighborhood group that is interested in forming a patrol to take advantage of the educational and training materials the department has developed. APD also has special training officers who will meet with neighborhood groups and give advice on the best way to interact with APD, what to expect when patrol officers respond, and the best way to communicate with dispatch. APD encourages folks in neighborhoods to communicate with each other and is happy to share that model. He opined that APD currently has the best partnership and collaborative relationship with the Alaska State Troopers that he's seen in the last 22 years. 1:42:59 PM CHAIR COGHILL thanked Chief Doll for being willing to serve and to pass on the legislature's appreciation for law enforcement that stands up for citizens every day. CHAIR COGHILL asked David Knapp to tell the committee about himself and his interest in serving on the Alaska Police Standards Council. 1:44:08 PM DAVID GILBERT KNAPP, Appointee, Alaska Police Standards Council, stated that he is a staff sergeant with the Department of Corrections. He has worked for corrections for 13 years and brings the perspective of a frontline correctional officer to the council. He would like to see correctional officer training adapt to the change in offenders that are entering the system. He is honored to be appointed to the position and looks forward to serving. CHAIR COGHILL asked if he feels the safeguards are sufficient to identify the bad actors in the system. MR. KNAPP said some corrections officers have been caught bringing in contraband and his experience is that all inmates try it. There's probably no one solution but he would like to see more effective body scanners and more opportunity for inmates to get help for their addictions. CHAIR COGHILL described corrections officers as the unsung heroes in the world of policing. He clarified that he didn't intend to cast corrections officers in a bad light. He wondered if the rules are sufficient for those who either make a bad decision or become bad actors. MR. KNAPP said he believes the rules are sufficient. CHAIR COGHILL noted that legislators recently heard about the Norway prison model that appears to make corrections more productive. He thanked Mr. Knapp for his service. 1:50:03 PM CHAIR COGHILL stated his intention to forward the names to the full legislature for consideration. SB 175-DNR: DISCLOSURE OF CONFIDENTIAL INFO 1:51:09 PM CHAIR COGHILL announced the consideration of SB 175. He stated his intention to take public testimony and noted who was available to answer questions. 1:51:16 PM SENATOR WIELECHOWSKI joined the committee. 1:53:22 PM KARA MORIARITY, President and CEO, Alaska Oil and Gas Association (AOGA), Anchorage, Alaska, advised that AOGA is a private trade association that represents the majority of oil and gas producers, explorers, refiners, and transporters of Alaska's oil and gas. She stated that AOGA does not support the current draft of SB 175 but hopes to work together to address two concerns while still accomplishing what DNR is trying to achieve. First, language should be added that exempts royalty settlement agreements (RSAs) from the provisions of the bill. She explained that AOGA views RSAs as contractual agreements between the state and a company that vary based on terms of the agreement. Furthermore, RSAs often contain legal restrictions regarding the disclosure of confidential information to a party that is not part of the contractual agreement. The bill could disrupt what has already been agreed to regarding confidentiality in royalty settlement agreements. The second concern relates to the individuals who will have access to the confidential information under a protective order during a royalty audit or appeal. AOGA would like language that limits the release of confidential information to only those individuals who are directly involved with the royalty audit or appeal. 1:56:28 PM CHAIR COGHILL said he would get DNR to address those concerns. Finding no questions, he stated he would hold SB 175 in committee for future consideration. SB 202-NATIVE CORP. LIABILITY FOR CONTAMINATION 1:57:47 PM CHAIR COGHILL announced the consideration of SB 202. 1:58:14 PM MARIDON BOARIO, Staff, Senator Lyman Hoffman, Alaska State Legislature, Juneau, Alaska, introduced SB 202 on behalf of the sponsor speaking to the following sponsor statement: Through the Alaska Native Claims Settlement Act (ANSCA) the federal government conveyed land to Alaska Native Corporations. During the 1990s concerns were raised that contaminated land was conveyed during this process. In 1998 a Department of Interior (DOI) report to Congress on Hazardous Substance Contamination of ANSCA Lands confirmed the concerns and identified more than 650 contaminated sites requiring remediation. These sites were contaminated under ownership and/or responsibility of the federal government and then transferred to Native ownership. A 2016 Bureau of Land Management update to the DOI report to Congress acknowledged that the agency had not acted on much of its 1998 report recommendations. The update identified the Department of Defense as the single largest pre-transfer owner of contaminated sites still requiring cleanup. The Alaska Native Village Corporation Association testified on the problem as recently as last summer before a congressional committee, pushing for the federal government to deal with the problem sites. The Alaska Native Village Corporation Association's federal legislative priority list includes protecting Alaska Native corporations from liability claims over land that was contaminated before it was transferred to a Native corporation. SB 202 amends Alaska state statute so that an Alaska Native corporation is not liable for containment, removal or remediation actions if the contamination occurred on the land before it was transferred under the Alaska Native Claims Settlement Act. Though this change in state law would not solve the federal issues of this problem, it is an important step toward protecting Alaska Native corporations from liability for actions by prior owners of the land. MS. BOARIO stated that the 2016 BLM update identified 537 sites that were contaminated at the time of the land transfer and required remediation. Ninety-four of those sites are not in a cleanup program and are classified by the BLM as orphan sites. There are also over 100 sites that require further verification and may be added to the orphan sites list. She noted that both the 1998 and the 2016 reports were in the packets. 2:01:06 PM SENATOR WIELECHOWSKI asked the scope of the problem and the type of contamination that's been identified. MS. BOARIO said much of the land was Department of Defense and Federal Aviation Association property and the numerous contaminants include mercury and petroleum products. CHAIR COGHILL advised that Hallie Bissett with the Alaska Native Village Corporation Association (ANVCA) was online. SENATOR WIELECHOWSKI asked who would be responsible for the cleanup should the bill pass. MS. BOARIO replied the Native corporations are currently liable and face threats of lawsuits because many of these sites are close to existing villages and could contaminate drinking water and adjacent land. SB 202 would relieve Native corporations of liability if it is proven that the contamination existed at the time of transfer. The primary goal is to pursue funding from the federal government to clean up the contamination, but the corporations would also need help in determining who was responsible for the contamination prior to transfer. 2:04:00 PM SENATOR COSTELLO observed that the bill does not specifically assign liability to the federal government or any other entity. MS. BOARIO agreed; the bill says that the Native corporations are not liable if the contamination happened prior to the land transfer. SENATOR COSTELLO asked if the sponsor contemplated going a step further and asking for a timetable MR. BOARIO said not necessarily; the sponsor accepted the language that the Alaska Native Village Corporation Association suggested. It aligns with their efforts with the federal government and links to the recent spending bill. 2:05:34 PM SENATOR COSTELLO asked if there was a log of the contaminated sites. MS. BOARIO replied the Department of Environmental Conservation (DEC) has a list of all the contaminated sites. She deferred to Hallie Bissett to talk about whether a federal list exists. CHAIR COGHILL noted that DEC was not online. 2:06:07 PM SENATOR SHOWER said he'd like to see DEC's list and access to historical knowledge about whether the land was contaminated when it was transferred. "It could be a big liability on a person from decades ago if we don't know, if we're not careful" MS. BOARIO agreed to provide the information. She added that a map in the packets from the DEC website shows where contamination occurred and the sites that have been identified. The orphan sites are also identified. CHAIR COGHILL asked what causes a site to be classified as an orphan site. MS. BOARIO said she could read the definition from the BLM report. CHAIR COGHILL suggested Ms. Bissett give her testimony while Ms. Boario located the specific text. 2:08:04 PM HALLIE BISSETT, Executive Director, Alaska Native Village Corporation Association (ANVCA), Anchorage, Alaska, said ANVCA represents 176 Alaska Native Village Corporations that were created under the 1971 Alaska Native Claims Settlement Act (ANCSA). Land was transferred to these village corporations at that time and many of those sites were contaminated. She provided examples to illustrate the scope of the problem. These included a glow in the dark fish and an unidentified gel- like substance in fish. These sites are contaminated with PCBs, they are White Alice sites, and they are old test sites for the U.S. Department of Defense. MS. BISSETT agreed with Ms. Boario that the bill does not assign blame. The hope is to clean up the sites, but the corporations needs the legal liability shield because there are probably more sites that haven't been quantified. Over 600 sites have been identified and some are in a remediation program. Ninety-four sites have been classified as orphan sites, which means there is no intention to clean them up. Almost all of those are within two miles of a village. This is a large problem for Native corporations and they would like to compel the federal government or other responsible party to clean them up in partnership with an Alaska Native workforce. 2:11:30 PM CHAIR COGHILL asked her to submit her testimony in writing. The connection was poor, and the committee missed some of the details. MS. BISSETT agreed. CHAIR COGHILL asked Ms. Boario how many sites have been identified as the state's responsibility for cleanup. MS. BOARIO said she would follow up with the information. CHAIR COGHILL stated his intention to move the bill on Wednesday. 2:15:43 PM MS. BOARIO paraphrased the following sectional analysis for SB 202: Section 1 Amends AS 46.03.822(a) to add subsection (n) which relieves Native corporations from liability if the Native corporation can prove the hazardous materials were already present on the land before the land was transferred to the Native corporation under the Alaska Native Claims Settlement Act (43 U.S.C 1601 et seq.). Section 2 Amends AS 46.03.822(m) to add a new paragraph that defines Native Corporation to have the same meaning as in federal law under U.S.C 1602(m). She read the following definition: Native corporation means any regional corporation, any village corporation, any urban corporation, and any group corporation.] Section 3 Amends AS 46.03.822 to add a new subsection (n) that relieves Native corporations from liability if the Native corporation can prove the hazardous materials were already present on the land before the land was transferred to the Native corporation under the Alaska Native Claims Settlement Act (43 U.S.C 1601 et seq.). Section 4 Repeals AS 46.03.822(c)(3) which is a narrower exemption for Native corporations currently in statute and replaces it with the exemption in AS 46.06.822. MS. BOARIO read excerpts of the legislative legal memo that details the repealed section and clarifies that the exemption proposed in the bill waives liability in a broader set of circumstances than current statute. 2:18:43 PM SENATOR WIELECHOWSKI referenced Section 1 and asked if this was a waiver of strict liability or negligence. MS. BOARIO deferred to Ms. Nauman. 2:19:22 PM EMILY NAUMAN, Legislative Counsel, Legislative Legal Services, Alaska State Legislature, Juneau, Alaska, replied it was a waiver of strict liability. SENATOR WIELECHOWSKI asked if Section 3 would apply to a negligence lawsuit or a strict liability lawsuit. MS. NAUMAN said there were alternate legal methods through which a Native corporation could be found liable for costs related to spills on corporation land and negligence was one possibility. SENATOR WIELECHOWSKI observed that under current law the Native corporation would be strictly liable if contaminants on their land leaked into a neighboring well. Under the bill the corporation would not be strictly liable if they could prove that the land was contaminated when the land was transferred to the corporation under ANCSA. He asked if that was correct. MS. NAUMAN agreed in part and pointed out that the current law provides an exception if the Native corporation has taken certain steps to clean up and monitor the situation. However, there are other ways through which a Native corporation could be found liable even if this bill becomes law. SENATOR WIELECHOWSKI asked for confirmation that a Native corporation would not be exempt from a nuisance claim, a trespass claim, or a negligence claim. MS. NAUMAN said that's correct. SENATOR WIELECHOWSKI said he assumes that the owner of non- Native corporation land would be strictly responsible if there was contamination prior to conveyance at statehood. MS. NAUMAN said AS 46.03.822(a) places the burden of responsibility on a series of different parties. 2:23:20 PM SENATOR WIELECHOWSKI asked who would be liable for contamination on Native corporation land, should SB 202 pass. MS. NAUMAN said she believes that would be a highly fact dependent action because it's difficult to say without knowing how the hazardous substance ended up on the land and who was responsible for its release. SENATOR WIELECHOWSKI asked if the language in Section 3 would place the liability on the federal government. MS. NAUMAN said she didn't believe the bill changed the federal government's liability; it only changes the liability with respect to a Native corporation. CHAIR COGHILL said his expectation is that the state could be liable for land it selected at Statehood but was conveyed to Native corporations under ANILCA. There would be a question of who the landowner was at the time of contamination. MS. NAUMAN said that was her understanding. SENATOR WIELECHOWSKI asked if the state would be obligated to clean up sites once the Native corporation was exempt from responsibility. MS. NAUMAN deferred the question to Kristen Ryan with DEC. CHAIR COGHILL asked Senator Wielechowski to bring that question up on Wednesday. MS. BOARIO clarified that the Native corporations want contamination on their lands to be mediated and either have the federal government pay or be able to qualify for funding for the cleanup. CHAIR COGHILL said that's clear; we're trying to figure out who bears the ultimate responsibility. SENATOR WIELECHOWSKI asked if a Native corporation would be more likely to qualify for funding if they were not the party responsible for the contamination. MS. BOARIO said she believes so, but she would look into it further. 2:27:49 PM CHAIR COGHILL held SB 202 in committee awaiting answers to the questions brought forward today. HB 43-NEW DRUGS FOR THE TERMINALLY ILL 2:28:19 PM CHAIR COGHILL announced the consideration of HB 43 and stated his intention to move the bill to the Rules Committee if there was no objection. Representative Grenn brought the bill forward and previous legislatures have considered this issue. He found no questions or comments. 2:29:25 PM SENATOR COSTELLO moved to report the CS for HB 43, version J, from committee with individual recommendations and attached fiscal note(s). 2:29:44 PM CHAIR COGHILL announced that without objection CSHB 43(JUD) was reported from the Senate Judiciary Standing Committee. ^Confirmation Hearing(s): Alaska Police Standards Council CONFIRMATION HEARING ALASKA POLICE STANDARDS COUNCIL 2:30:19 PM CHAIR COGHILL returned attention to confirmation hearings. He asked Mr. Craig to tell the committee about himself, his interest in serving on the Alaska Police Standards Council, and his observations if he had attended any meetings. 2:30:28 PM MICHAEL EDWARD CRAIG, Appointee, Alaska Police Standards Council, Anchorage, Alaska, said he works for the Alaska Pipeline Services Company as an employee concerns coordinator looking into conduct issues. He's worked for the pipeline for about 35 years. When he was asked if he would consider serving on the council in 2017, he attended a meeting as a public member and decided this was something he would like to do. The individuals on the committee are fully invested in the issues and appreciate their role. He would be serving as a public member and believes it's important to bring the public perspective to the process. Most of the members are in law enforcement but he has no qualms about inserting a contrary point of view. He doesn't feel swayed by the larger group. CHAIR COGHILL thanked Mr. Craig for being willing to serve. 2:35:54 PM CHAIR COGHILL gaveled out and then reconvened the meeting to state the following: In accordance with AS 39.05.080 the Senate Judiciary Standing Committee reviewed the following and recommends the appointments be forwarded to a joint session for consideration: Alaska Police Standards Council Justin Doll of Anchorage, Larry Nicholson of Kodiak, Michael Craig of Anchorage, and David Knapp of Palmer. 2:36:35 PM There being no further business to come before the committee, Chair Coghill adjourned the Senate Judiciary Standing Committee meeting at 2:36 p.m.