05/04/1999 03:10 PM Senate RLS

          SB 110-HAZARDOUS SUBST. RELEASE: GOVT ENTITY                                                                          
                                                                                                                                
CHAIRMAN KELLY announced that a proposed Senate Rules Committee                                                                 
substitute had been prepared for SB 110.                                                                                        
                                                                                                                                
MS. BETH HAGEVIG, legislative assistant to Senator Gary Wilken,                                                                 
sponsor of SB 110, explained the Senate Rules Committee version of                                                              
SB 110 is the same as that agreed to by the sponsor on behalf of                                                                
the Fairbanks North Star Borough and the Department of                                                                          
Environmental Conservation.  This version limits the legislation to                                                             
the issue of municipal property taxes and foreclosure with regard                                                               
to environmental damages and cleanup.  The Senate Judiciary version                                                             
went further, and included language related to the release of                                                                   
hazardous substances and personal joint and several liability.                                                                  
Specifically, CSSB 110(RLS) provides that a party, other than the                                                               
party responsible for the initial release, who has acted                                                                        
responsibly upon discovering contamination, may not be held liable                                                              
for the spread or migration of the hazardous substance except by an                                                             
act of intentional misconduct or gross negligence.  Senator Wilken                                                              
requests committee members adopt and report out of committee CSSB
(RLS) in order to move the agreed upon version of the bill                                                                   
along.                                                                                                                          
                                                                                                                                
SENATOR ELLIS asked about the definition of "act of nature" in the                                                              
Rules committee substitute.  MS. HAGEVIG said that was removed.                                                                 
SENATOR ELLIS stated that was one of the controversial amendments                                                               
made by the Senate Judiciary Committee.                                                                                         
                                                                                                                                
SENATOR LEMAN moved to adopt CSSB 110(RLS).  There being no                                                                     
objection, the motion carried.                                                                                                  
                                                                                                                                
SENATOR LEMAN moved to calendar all versions of SB 110-HAZARDOUS                                                                
SUBST. RELEASE: GOVT ENTITY.  There being no objection, the motion                                                              
carried.