03/29/2013 01:30 PM Senate JUDICIARY

                   HB  81-2013 REVISOR'S BILL                                                                               
                                                                                                                                
1:37:38 PM                                                                                                                    
CHAIR COGHILL announced the consideration of HB 81.                                                                             
                                                                                                                                
1:37:45 PM                                                                                                                    
KATHERINE   KURTZ,  Revisor   of   Statutes,  Legislative   Legal                                                               
Services, Legislative Affairs  Agency, explained that Legislative                                                               
Legal  Services is  statutorily required  to submit  a bill  each                                                               
year to correct and remove  deficiencies, conflicts, and obsolete                                                               
provisions in the statutes. She  provided the following sectional                                                               
analysis:                                                                                                                       
                                                                                                                                
Section  1  amends AS  04.11.080  to  include destination  resort                                                               
licenses in the  list of licenses and permits  issued under Title                                                               
4 relating to alcoholic beverages.  When this license was created                                                               
it wasn't added to this statute.                                                                                                
                                                                                                                                
Section  2 amends  AS 04.11.220(e)  to update  a reference  to an                                                               
accreditation organization that has changed its name.                                                                           
                                                                                                                                
Section  3   amends  AS  08.70.110(a)   to  repeal   an  obsolete                                                               
licensing  provision  for  nursing home  administrators  licensed                                                               
under  emergency  regulation  that  was  repealed  in  1977.  The                                                               
Department of  Law has said  that no  one is licensed  under this                                                               
provision.                                                                                                                      
                                                                                                                                
Sections  4  and 6  relate  to  the  definition  of "oil  or  gas                                                               
pipeline or  supporting facilities," which doesn't  exactly match                                                               
usage in  the statutes. Section  4 changes the  term "facilities"                                                               
to "facility"  in AS 11.46.495.  Section 6 changes "and"  to "or"                                                               
in  AS 11.56.810(a)(2)  for  consistency and  to  match the  term                                                               
defined in AS 11.46.495.                                                                                                        
                                                                                                                                
1:39:48 PM                                                                                                                    
SENATOR  WIELECHOWSKI noted  that 5-6  years ago  the legislature                                                               
changed the  term "and" to  "or" in  a statute regarding  oil and                                                               
gas and  it brought an additional  $160 million to the  state. He                                                               
inquired  what the  proposed change  in Section  6 exactly  deals                                                               
with.                                                                                                                           
                                                                                                                                
MS KURTZ explained  that these are criminal  statutes that relate                                                               
to  an oil  or gas  pipeline  or supporting  facility. Section  4                                                               
deals with  offenses against  property and  Section 6  deals with                                                               
terroristic threatening.                                                                                                        
                                                                                                                                
Section 5 adds the word  "to" in AS 11.51.100((a)(3), because the                                                               
preposition was missing.                                                                                                        
                                                                                                                                
Section 7  changes the  term "education"  to "educational"  in AS                                                               
14.20.310(a) to match the term used  in AS 14.08 and elsewhere in                                                               
the statutes.                                                                                                                   
                                                                                                                                
Sections  8  and 9  replace  the  term "election  district"  with                                                               
"house district" in AS 15.10.120(a)  and AS 15.15.430(a) to match                                                               
changes in the state constitution.                                                                                              
                                                                                                                                
Sections  10-17 remove  the  phrase  "but not  limited  to" in  a                                                               
section relating  to safe employment  and in  several definitions                                                               
relating  to safety  glazing. AS  01.10.040(b) directs  that when                                                               
the term "including"  is used in a law, it  should always be read                                                               
as though  it were followed by  the phrase "but not  limited to."                                                               
This change  brings those definitions into  consistency with that                                                               
provision in statute and the drafting manual.                                                                                   
                                                                                                                                
Section 10 also  replaces the term "work  place" with "workplace"                                                               
in AS 18.60.075(a).                                                                                                             
                                                                                                                                
Section 18  amends AS  18.63.040(b) to replace  a reference  to a                                                               
repealed  regulation with  a generic  reference  to a  regulation                                                               
adopted by the department.                                                                                                      
                                                                                                                                
Sections 19-21, 24-27,  and 31 relate to the  commissioner of the                                                               
Department  of  Transportation  and  Public  Facilities  (DOTPF).                                                               
There is currently  no definition of "commissioner"  and the term                                                               
has been used  inconsistently. This creates a  new definition for                                                               
the  entire title  so it  doesn't need  to be  spelled out  every                                                               
time. The meaning of the current references won't change.                                                                       
                                                                                                                                
Sections 22-23  remove obsolete dates  in AS 35.27.020(c)  and AS                                                               
35.40.110.                                                                                                                      
                                                                                                                                
Section 28 amends AS 44.62.175(a),  relating to the Alaska Online                                                               
Public  Notice System,  to update  the  provision requiring  that                                                               
summaries of certain  opinions of the attorney  general be posted                                                               
on the system.                                                                                                                  
                                                                                                                                
Section 29 adds  the word "energy" to AS  44.88.070(1) to conform                                                               
to  changes  made previously  to  AS  44.88.010(a) and  (b).  The                                                               
omission was an oversight.                                                                                                      
                                                                                                                                
Section  30  amends  AS  47.12.310(a)   to  resolve  an  internal                                                               
conflict between subsections (a) and (i) of AS 47.12.310.                                                                       
                                                                                                                                
Section  31 repeals  the definition  of the  commissioner of  the                                                               
Department  of  Transportation  and  Public  Facilities  from  AS                                                               
35.27.                                                                                                                          
                                                                                                                                
Section 32 provides an immediate effective date.                                                                                
                                                                                                                                
1:46:49 PM                                                                                                                    
SENATOR DYSON asked where suggestions for revisions come from.                                                                  
                                                                                                                                
MS. KURTZ  replied they come  from various sources  including the                                                               
attorney  general's   office  and  Legislative   Legal  Services'                                                               
publisher.                                                                                                                      
                                                                                                                                
SENATOR DYSON inquired if any  suggestions come from the Duke Law                                                               
Review.                                                                                                                         
                                                                                                                                
MS.  KURTZ  said  no,  but   other  sources  include  LexisNexis,                                                               
attorneys in the legislative legal  office and, on rare occasion,                                                               
the public.                                                                                                                     
                                                                                                                                
SENATOR  DYSON  asked if  they  get  nothing  from the  Duke  Law                                                               
Review.                                                                                                                         
                                                                                                                                
MS.  KURTZ said  she has  never been  contacted by  the Duke  Law                                                               
Review.                                                                                                                         
                                                                                                                                
SENATOR  DYSON expressed  astonishment since  he understands  the                                                               
legislature has  a contract  with them  that includes  review and                                                               
comment.                                                                                                                        
                                                                                                                                
MS. KURTZ said  she wasn't able to comment on  who the parties to                                                               
that contract are.                                                                                                              
                                                                                                                                
1:49:11 PM                                                                                                                    
CHAIR COGHILL  stated he would hold  HB 81 and take  action on it                                                               
on Monday.