Legislature(2015 - 2016)BUTROVICH 205
02/09/2015 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB35 | |
| Confirmation Hearings: Select Committee on Legislative Ethics | |
| SB30 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 35 | TELECONFERENCED | |
| = | SB 30 | ||
SB 35-2015 REVISOR'S BILL
1:36:48 PM
CHAIR MCGUIRE announced the consideration of SB 35. "An Act
making corrective amendments to the Alaska Statutes as
recommended by the revisor of statutes; and providing for an
effective date."
1:37:00 PM
LISA KIRSCH, Assistant Revisor of Statutes, Legislative Legal
and Research Services, Legislative Affairs Agency, explained
that the Revisor's Bill is a clean-up bill to correct and remove
deficiencies, conflicts and obsolete provisions. It does not
make substantive changes. A statutory section in Title 1 allows
changes that often are typographical errors, drafting errors, or
citation changes.
MS. KIRSCH stated that SB 35 corrects some citations to federal
law and corrects the format of some court rule citations. In
some places singular has become plural or plural has become
singular to fit the context of the sentence. There are a few
instances that the words "but not limited to" was removed from
the phrase "including but not limited to" because it is included
by implication. Finally, the word "the" was missing in a couple
of places and the word "with" was mistakenly left out. Finally,
there were a few changes in punctuation and word usage.
CHAIR MCGUIRE noted that the bill packets contain a detailed
sectional analysis. She asked if the bill makes any type of
substantive change.
MS. KIRSCH replied Legislative Legal tries very hard to avoid
that, but there can be differences of opinion in the
interpretation of a statute.
SENATOR MICCICHE asked if there is a process if a bill that
passed during a previous legislature is found to be in conflict
with an existing statute.
MS. KIRSCH explained that manifest errors can be corrected in
the Revisor's Bill, but if it requires legislation to correct
the conflict there isn't much the revisor can do to correct
that.
1:42:38 PM
SENATOR COGHILL asked why the sections listed in Section 61 are
being deleted.
MS. KIRSCH explained that all three are definitions that are no
longer used. AS 19.75.980(4) is the definition of "state bond
committee" for the Knik Arm Bridge and Toll Authority (KABATA)
project. The provisions relating to bonding were deleted when
KABATA lost its bonding authority, but the definition in
paragraph (4) was overlooked. Second, the definition of "motor
vehicle salesperson" in AS 45.25.990(14) was overlooked when the
term was edited out of a bill that passed in 2002. Third, AS
46.03.900(31) is a definition for "subdivision" that is no
longer used in that part of the statutes.
SENATOR COGHILL requested an explanation of the effective date
clauses.
MS. KIRSCH advised that a July 1, 2015 effective date for
section 35 is created to allow all changes to the statute
section to take effect on the same date.
1:46:41 PM
CHAIR MCGUIRE asked if any member of the legislature has asked
to include recommendations in the Revisor's Bill.
MS. KIRSCH replied she couldn't say for certain, because she
receives suggestions from a variety of sources and some
initially may have come from a legislator.
CHAIR MCGUIRE clarified that she wants it to be part of the
public record if a legislator making a request or suggestion
about a substantive matter.
MS. KIRSCH advised that she probably could not reveal it if she
was aware that it was an attorney-client communication with a
legislator as a client. In this instance, she was unaware that
any of the changes are a result of written communication from a
legislator.
CHAIR MCGUIRE said she asks because despite best efforts and
good intentions, a Revisor's Bill may sometimes include
something that is more policy directed by an elected official.
That is something the public would want to know about.
SENATOR WIELECHOWSKI referenced pages 3, 19, and 33 and
questioned whether deleting "but not limited to" from the phrase
"including but not limited to" might actually limit the
reference to the specific things listed.
1:50:39 PM
MS. KIRSCH explained that it is in accordance with the statutory
provision in AS 01.10.040(b), which applies throughout Alaska
statutes.
(b) When the words "includes" or "including" are used
in a law, they shall be construed as though followed
by the phrase "but not limited to."
She said that deleting the terms does not change the meaning,
but it is up to the body if that raises concerns.
CHAIR MCGUIRE summarized that it could be included but doing so
would be redundant.
MS. KIRSCH agreed.
SENATOR WIELECHOWSKI requested an explanation of the lengthy
addition in subparagraph (N) on page 7.
MS. KIRSCH replied that is responsive to the previous Section 10
on page 4 that lists the things required to appear in the
Articles of Incorporation, whereas the provisions set out in
Section 11 are permissive. The provision in subparagraph (N) is
removed from the mandatory provisions and added to the optional
provisions in [Sec. 10.06.208].
1:54:18 PM
CHAIR MCGUIRE announced she would hold SB 35 in committee for
further consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 2_9_2015 CS SB30.pdf |
SJUD 2/9/2015 1:30:00 PM |
SB 30 |