03/10/1997 01:35 PM Senate CRA

                                                                             
       SB 50 PUBLIC WATER SUPPLY VIOL: ADMIN PENALTIES                       
                                                                               
  CHAIRMAN MACKIE  brought SB 50 back before the committee, noting             
 that a subcommittee consisting of Senator Wilken and Senator                  
 Hoffman along with their staffs had been working on bill with the             
 Department of Environmental Conservation and had come with a                  
 proposed committee substitute.                                                
  SENATOR WILKEN  moved adoption of CSSB 50(CRA) for discussion                
 purposes.  Hearing no objection, the Chairman stated the committee            
 substitute was before the committee.                                          
                                                                               
  SENATOR WILKEN  stated he was satisfied with the provisions in the           
 committee substitute that protect the public against what he would            
 call arbitrary imposition of administrative procedures.  It now               
 requires the department has to go through delineated steps that               
 protect the interests of the people as well as the interests of the           
 state.                                                                        
                                                                               
 Number 262                                                                    
                                                                               
  CHAIRMAN MACKIE  requested a brief overview on the changes made in           
 the committee substitute.                                                     
                                                                               
  BOB KNIGHT , staff to Senator Wilken, explained a reference to the           
 court rule change has been referenced in the title because of a               
 request to include the use of the district court as a place to file           
 an appeal.  The original bill limited it to superior court.                   
                                                                               
 At the prior hearing on the bill, there was concern that the level            
 of fines was limited to $1,000 per day for the larger communities             
 and $750 per day for the smaller communities.  The committee                  
 substitute breaks it into three levels so that the minimum required           
 by the federal legislation and the federal rules is a $1,000 per              
 day fine for communities over 10,000 people, for communities over             
 1,000 people up to 10,000 people the fine has been reduced from               
 $750 to $500 per day, and for communities under 1,000 people the              
 maximum penalty is $100 per day.                                              
                                                                               
 Section 2, subsection (f) addresses Senator Hoffman's concern to              
 permit the filing of appeals in district court.  The normal filing            
 in the superior court is covered under subsection (e).  Subsection            
 (c) increases the time for filing appeals from 30 days to 45 days.            
                                                                               
 Section 3 changes Rule 602(b) of the Alaska Rules of Appellate                
 Procedure to permit filing an administrative appeal in district               
 court.  Mr. Knight noted the Alaska Court System has some concern             
 about this procedural change.  In the past the court system has               
 taken the position that to allow filing in district court might               
 then begin to change the nature of the whole court system on where            
 to file and how to file.  However, Janice Adair of DEC has                    
 estimated that this change might involve one case every five years            
 that would go all the way to the appeal level.                                
                                                                               
 Section 5 requires the department to circulate copies of proposed             
 regulations to all legislators at least 30 days prior to such                 
 regulations going into effect.                                                
                                                                               
 Number 350                                                                    
                                                                               
  SENATOR DONLEY  referred to subsection (j) in Section 2, which               
 provides that if the department prevails in a collection action,              
 the court shall order the person to pay attorney fees and costs               
 incurred by the department.  He asked if a citizen wins, why isn't            
 the citizen entitled to their full reasonable attorney fees.                  
  SENATOR HOFFMAN  answered that the issue had not been raised during          
 discussions on the bill.                                                      
                                                                               
  SENATOR WILKEN  referred to page 3, lines 5 and 6, subsection (c),           
 which increases the time for filing an appeal from 30 to 45 days,             
 and suggested the Finance Committee may want to look at tightening            
 up that time to about 15 days when the bill is before them.                   
                                                                               
 Number 379                                                                    
                                                                               
  CHAIRMAN MACKIE  informed the committee that Janice Adair of DEC was         
 not able to participate in the hearing via the teleconference                 
 network because all of the circuits were tied up with other                   
 teleconferences, but she did send a letter stating that the                   
 department had worked with Senator Wilken and Senator Hoffman on              
 drafting the committee substitute and that they don't have any                
 problems with it.  He then asked Keith Kelton of DEC if he could              
 address Senator Donley's question relating to attorney fees.   KEITH          
 KELTON , Director, Division of Facility Construction & Maintenance,           
 Department of Environmental Conservation, said he agreed with                 
 Senator Donley's concern and he would have an answer to that                  
 question when the bill is before the Finance Committee.   SENATOR             
 DONLEY  suggested deleting the section, and then if the department            
 makes its case that it should be in the bill, the Finance Committee           
 can then consider adding it back in.                                          
                                                                               
 Number 390                                                                    
                                                                               
  SENATOR DONLEY  moved that on page 4, beginning on line 27, delete           
 subsection (j) in its entirety and renumber subsequent sections               
 accordingly.  Hearing no objection, the amendment was adopted.                
                                                                               
 Number 400                                                                    
                                                                               
  SENATOR WILKEN  moved that CSSB 50(CRA), as amended, and the                 
 accompanying fiscal notes be passed out of committee with                     
 individual recommendations.  Hearing no objection, it was so                  
 ordered.                                                                      
                                                                               
 There being no further business to come before the committee,                 
  CHAIRMAN MACKIE  adjourned the meeting at 2:02 p.m.