04/28/1997 01:50 PM Senate JUD

                                                                               
                  HB 115 1997 REVISOR'S BILL                                 
                                                                               
  CHAIRMAN ROBIN TAYLOR  called the Judiciary Committee meeting to             
 order at 1:50 p.m. and announced the presence of Senators Parnell             
 and Ellis.  The first matter before the committee was CSHB
(JUD).                                                                     
                                                                               
  PAMELA FINLEY , Revisor of Statutes for the Legal Services and             
 Research Agency, testified that HB 115 is a housekeeping measure              
 that does not contain anything she did not ask for or agree to.               
 The only two sections of much interest are Sections 9 and 11.                 
 Section 9 prevents any argument that the State has waived its 11th            
 Amendment immunity in federal court.  Section 11 puts a missing               
 "not" back in the Uniform Probate Code.  Section 11 is also made              
 retroactive to the date of the probate amendments which was last              
 January.                                                                      
                                                                               
  SENATOR PARNELL  asked about Section 29 regarding the motor vehicle          
 registration fees.   MS. FINLEY  said the only change is the                  
 registration versus license fees and that no changes were made on             
 the House side.                                                               
                                                                               
  SENATOR PARNELL  asked if Section 31, pertaining to program                  
 receipts, has been changed in the other bill as well.   MS. FINLEY            
 answered there is another bill that deals with this same section.             
 She is hoping that HB 115 will pass and the other will come on top            
 of it, in terms of time.  If that does not happen, she would give             
 way to the other one which makes a more substantive change.                   
                                                                               
  SENATOR PARNELL  asked Ms. Finley to explain Section 33.   MS. FINLEY        
 said that several years ago a lot of the investment decisions were            
 tied to the standards of AS 14.25.180 which covers teachers'                  
 retirement.  Because the other retirement systems were cross-                 
 referenced to that statute, they would all be treated the same.               
 The Attorney General expressed concern that the use of the term               
 "for investments under" could be interpreted to refer to the                  
 teachers' retirement system only when the intent was to have all              
 retirement systems governed by AS 14.25.180 be covered under the              
 definition of "fiduciary."  Section 33 clarifies that the                     
 definition of "fiduciary" applies to the other retirement systems.            
                                                                               
  SENATOR PARNELL  moved CSHB 115(JUD) from committee with individual          
 recommendations.