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.