04/14/2000 03:25 PM Senate RES

                   HB 194-DISASTER ASSISTANCE                                                                               
                                                                                                                                
MR. RYAN COLGAN,  staff to Representative Whitaker,  sponsor of HB
,  gave  the following  overview  of  the  measure. HB  194  is                                                              
technical and  does not  change any components  or affect  the Oil                                                              
and Hazardous  Substance Release  Prevention and Response  Fund in                                                              
any manner.   When this  title was changed  in 1994,  the drafters                                                              
simply  overlooked one  reference  made to  this  fund in  statute                                                              
therefore the original  title remains in Title 26  and needs to be                                                              
updated.    He  informed  committee   members  that  Mary  Siroky,                                                              
Information   Officer   for  the   Department   of   Environmental                                                              
Conservation (DEC), was present to answer questions.                                                                            
                                                                                                                                
SENATOR  TAYLOR asked  why this  change  was not  included in  the                                                              
revisor's bill.                                                                                                                 
                                                                                                                                
MR. COLGAN said  the reason is explained in detail  in a memo from                                                              
Mr.  Crawford of  the Division  of Legal  Services.   He read  the                                                              
following from that memo.                                                                                                       
                                                                                                                                
     Ordinarily, this is the sort  of problem that could easily be                                                              
     remedied  in a  revisor's  bill and  I  initially thought  to                                                              
     include such  a correction in  this year's bill.   However in                                                              
     this case, when the fund was  renamed, two different accounts                                                              
     within  the  fund  were  created,   the  first  the  Oil  and                                                              
     Hazardous  Substance Release  Prevention Account and  second,                                                              
     the  Oil and  Hazardous Substance  Release Response  Account.                                                              
     Although the titles of the accounts  might provide some clue,                                                              
     there  is  no  definitive  way   to  tell  whether  the  1994                                                              
     Legislature  wanted recourse  under AS 26.23.050(b),  limited                                                              
     only  to  one particular  account  or  alternatively  whether                                                              
     recourse  could be  had  with respect  to  both accounts,  at                                                              
     least under some circumstance.                                                                                             
                                                                                                                                
SENATOR TAYLOR asked if this amendment  will give recourse to both                                                              
accounts.                                                                                                                       
                                                                                                                                
MR. COLGAN  explained this  amendment makes the  name of  the fund                                                              
consistent in statute.                                                                                                          
                                                                                                                                
CHAIRMAN HALFORD noted  that Senator Taylor was  asking which fund                                                              
it applies to or whether it applies to both.                                                                                    
                                                                                                                                
MR. COLGAN  said he  understands it to  apply specifically  to the                                                              
Oil and Hazardous  Substance Release Response Fund.   He added, "I                                                              
think 'prevention and' is the phrase included in this bill.                                                                     
                                                                                                                                
CHAIRMAN HALFORD asked if it is intended to apply to both funds.                                                                
                                                                                                                                
SENATOR TAYLOR noted that DEC staff gave an affirmative nod.                                                                    
                                                                                                                                
There  being no  further questions  or  testimony, SENATOR  TAYLOR                                                              
moved HB  194 from committee  with individual recommendations  and                                                              
its  accompanying zero  fiscal note.   There  being no  objection,                                                              
CHAIRMAN HALFORD announced it was so ordered.