Legislature(1999 - 2000)

05/04/1999 03:10 PM Senate RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                SENATE RULES COMMITTEE                                                                                          
                     May 4, 1999                                                                                                
                      3:10 p.m.                                                                                                 
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Tim Kelly, Chair                                                                                                        
Senator Loren Leman, Vice Chair                                                                                                 
Senator Mike Miller                                                                                                             
Senator Drue Pearce                                                                                                             
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
None                                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SENATE BILL NO. 135                                                                                                             
"An Act relating to the membership of a metropolitan highway                                                                    
planning organization."                                                                                                         
     -MOVED ALL VERSIONS OF SB 135 OUT OF COMMITTEE                                                                             
                                                                                                                                
SENATE BILL NO. 156                                                                                                             
"An Act relating to municipal incorporation, to reclassification                                                                
of cities, to municipal boundary changes, and to dissolution of                                                                 
municipalities."                                                                                                                
     -MOVED ALL VERSIONS OF SB 156 OUT OF COMMITTEE                                                                             
                                                                                                                                
SENATE BILL NO. 110                                                                                                             
"An Act relating to liability involving certain property acquired                                                               
by a governmental entity; and providing for an effective date."                                                                 
     -MOVED ALL VERSIONS OF SB 110 OUT OF COMMITTEE                                                                             
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SB 135 - See Transportation Committee minutes dated 4/20/99 and                                                                 
Finance Report dated 5/4/99.                                                                                                    
                                                                                                                                
SB 156 -  See Community and Regional Affairs minutes dated                                                                      
4/26/99 and Finance report dated 5/4/99.                                                                                        
                                                                                                                                
SB 110 - See Judiciary minutes dated 4/12/99 and 4/23/99.                                                                       
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Beth Hagevig, Legislative Assistant                                                                                             
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Testified for Senator Wilken, sponsor of SB
110                                                                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-8, SIDE A                                                                                                               
                                                                                                                                
CHAIRMAN KELLY called the Senate Rules Committee to order at 3:10                                                               
p.m.  All members were present.                                                                                                 
                                                                                                                                
SENATOR LEMAN moved to calendar SB 135-METROPOLITAN PLANNING                                                                    
AUTHORITY.  There being no objection, the motion carried.                                                                       
                                                                                                                                
SENATOR LEMAN moved to calendar SB 156-MUNICIPAL CLASSIFICATIONS                                                                
AND BOUNDARIES.  There being no objection, the motion carried.                                                                  
                                                                                                                                
          SB 110-HAZARDOUS SUBST. RELEASE: GOVT ENTITY                                                                          
                                                                                                                                
CHAIRMAN KELLY announced that a proposed Senate Rules Committee                                                                 
substitute had been prepared for SB 110.                                                                                        
                                                                                                                                
MS. BETH HAGEVIG, legislative assistant to Senator Gary Wilken,                                                                 
sponsor of SB 110, explained the Senate Rules Committee version of                                                              
SB 110 is the same as that agreed to by the sponsor on behalf of                                                                
the Fairbanks North Star Borough and the Department of                                                                          
Environmental Conservation.  This version limits the legislation to                                                             
the issue of municipal property taxes and foreclosure with regard                                                               
to environmental damages and cleanup.  The Senate Judiciary version                                                             
went further, and included language related to the release of                                                                   
hazardous substances and personal joint and several liability.                                                                  
Specifically, CSSB 110(RLS) provides that a party, other than the                                                               
party responsible for the initial release, who has acted                                                                        
responsibly upon discovering contamination, may not be held liable                                                              
for the spread or migration of the hazardous substance except by an                                                             
act of intentional misconduct or gross negligence.  Senator Wilken                                                              
requests committee members adopt and report out of committee CSSB
110(RLS) in order to move the agreed upon version of the bill                                                                   
along.                                                                                                                          
                                                                                                                                
SENATOR ELLIS asked about the definition of "act of nature" in the                                                              
Rules committee substitute.  MS. HAGEVIG said that was removed.                                                                 
SENATOR ELLIS stated that was one of the controversial amendments                                                               
made by the Senate Judiciary Committee.                                                                                         
                                                                                                                                
SENATOR LEMAN moved to adopt CSSB 110(RLS).  There being no                                                                     
objection, the motion carried.                                                                                                  
                                                                                                                                
SENATOR LEMAN moved to calendar all versions of SB 110-HAZARDOUS                                                                
SUBST. RELEASE: GOVT ENTITY.  There being no objection, the motion                                                              
carried.                                                                                                                        
                                                                                                                                
There being no further business to come before the Rules Committee,                                                             
CHAIRMAN KELLY adjourned the meeting.                                                                                           

Document Name Date/Time Subjects