Legislature(2013 - 2014)CAPITOL 120

03/01/2013 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 100 GEOGRAPHIC COLA FOR JUSTICES AND JUDGES TELECONFERENCED
Heard & Held
*+ HB 81 2013 REVISOR'S BILL TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HB 81 - 2013 REVISOR'S BILL                                                                               
                                                                                                                                
1:27:10 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the final order of  business would be                                                              
HOUSE BILL  NO. 81,  "An Act making  corrective amendments  to the                                                              
Alaska Statutes  as recommended  by the  revisor of statutes;  and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
1:27:38 PM                                                                                                                    
                                                                                                                                
KATHRYN  KURTZ, Revisor  of Statutes,  Legislative Legal  Counsel,                                                              
Legislative  Legal  and  Research  Services,  Legislative  Affairs                                                              
Agency (LAA),  after noting that  the purpose of a  revisor's bill                                                              
- prepared annually  under AS 01.05.036 - is to  correct or remove                                                              
deficiencies,  conflicts,  and  obsolete  provisions  in  statute,                                                              
relayed  that  the changes  proposed  via  HB  81 are  limited  to                                                              
matters wherein  legislative policy is  clear.  The  Department of                                                              
Law (DOL),  she also  noted, has  reviewed the  bill and  provided                                                              
helpful comments.   [Referring to the sectional  analysis included                                                              
in members' packets,]  she explained that Section 1  would add the                                                              
term,  "destination  resort  license"  to the  list  of  alcoholic                                                              
beverage licenses  [issued under  AS 04.11]; this  proposed change                                                              
corrects an omission  that occurred when this type  of license was                                                              
originally  established in  statute.   Section  2  would update  a                                                              
reference   [in  AS   04.11]  to   an  educational   accreditation                                                              
organization  that has since  changed its name.   Section  3 would                                                              
remove  [from   AS  08.70.110]   a  reference   to  nursing   home                                                              
administrators  licensed  under   specific  emergency  regulations                                                              
that were repealed  in 1977; the DOL has indicated  that no one is                                                              
operating  under  such a  license  anymore, making  the  statutory                                                              
reference  obsolete.    Sections   4  and  6,  respectively,  make                                                              
corrective  changes to AS  11.46.495 and  AS 11.56.810  - [certain                                                              
definitions  pertaining  to] offenses  against  property, and  the                                                              
crime  of   terroristic  threatening   [in  the  second   degree],                                                              
respectively  -  so  that  the  term,  "oil  or  gas  pipeline  or                                                              
supporting  facility" is  consistent throughout  the statutes  and                                                              
comports with how it's already being used.                                                                                      
                                                                                                                                
MS.  KURTZ  explained  that  Section  5  -  by  adding  a  missing                                                              
preposition, "to"  - would correct a typographical  error found in                                                              
AS 11.51.100(a)(3),  which  addresses [one  manifestation of]  the                                                              
crime of endangering  the welfare of a child in  the first degree;                                                              
the  altered pertinent  language  would then  read  in part,  "the                                                              
other  person  causes physical  injury  to  or engages  in  sexual                                                              
contact with the  child".  She offered her belief  that adding the                                                              
word,  "to" via Section  5 is  necessary because  it doesn't  make                                                              
sense  for the  statute to  be addressing  situations wherein  the                                                              
other person,  together "with" the  child, causes  physical injury                                                              
to a third  party.  Section  7 would replace the  word "education"                                                              
with  "educational", so  that the  then-corrected term,  "regional                                                              
educational  attendance  areas"  is used  consistently  throughout                                                              
statute.  Sections  8 and 9, respectively, would  change the term,                                                              
"election   district"   to   the   term,   "house   district"   in                                                              
AS 15.10.120(a)  and AS 15.15.430(a)(3)  - addressing  appointment                                                              
of election  board, and  scope of the  review of ballot  counting,                                                              
respectively  - so as  to match  usage of  that term elsewhere  in                                                              
statute.  Sections  10-17 remove the phrase, "but  not limited to"                                                              
following  the word, "including"  [as used  in certain  provisions                                                              
of AS  18.60; these  proposed changes are  reflective of  the fact                                                              
that   AS  01.10.040(b)   already  stipulates   that  the   words,                                                              
"includes" and "including"  shall be construed as  though followed                                                              
by the phrase, "but not limited to"].                                                                                           
                                                                                                                                
REPRESENTATIVE  GRUENBERG turned  the  committee's attention  back                                                              
to  Section  5's  proposed  change,  and  questioned  whether  the                                                              
existing  statutory language  was  drafted as  it was  so that  it                                                              
could also  apply in situations  wherein the person with  whom the                                                              
child has been left causes physical injury to anyone.                                                                           
                                                                                                                                
1:32:44 PM                                                                                                                    
                                                                                                                                
MS. KURTZ  offered her  belief that that  isn't how  that language                                                              
was  meant to  be interpreted.    Again, Section  5 addresses  the                                                              
statute pertaining  to the crime  of endangering the welfare  of a                                                              
child  in the  first  degree, and  when  one  reads the  pertinent                                                              
provision in  its entirety,  it makes  sense that it's  addressing                                                              
situations  in which the  other person  causes physical  injury to                                                              
the child who'd  been left with him/her.  And in  such situations,                                                              
it would  be the child's  parent, guardian,  or the person  who is                                                              
legally charged  with caring  for the child,  who would  be guilty                                                              
of the crime  of endangering the  welfare of a child in  the first                                                              
degree, because  he/she would  have left the  child with  a person                                                              
known for  hurting children  and who  then causes physical  injury                                                              
to the child.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  expressed   concern  that  Section  5's                                                              
proposed change might  narrow the scope of AS  11.51.100(a)(3) too                                                              
much, thereby causing problems for prosecutors.                                                                                 
                                                                                                                                
CHAIR KELLER  said he  could see why  Section 5's proposed  change                                                              
was included  in the  revisor's bill,  and characterized  existing                                                              
AS 11.51.100(a)(3) as really broad and confusing.                                                                               
                                                                                                                                
MS. KURTZ  - remarking  that the  goal of a  revisor's bill  is to                                                              
clarify  the law,  not change  its scope  - noted  that Section  5                                                              
could be  deleted and  its proposed  change to AS  11.51.100(a)(3)                                                              
dealt  some  other  time  via  a   substantive  bill,  should  the                                                              
committee want to  specifically address the scope of  the crime of                                                              
endangering the welfare of a child in the first degree.                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG offered  his  belief that  Section 5  is                                                              
proposing  a substantive  change  rather  than just  correcting  a                                                              
typographical error.                                                                                                            
                                                                                                                                
REPRESENTATIVE  PRUITT disagreed,  but  acknowledged that  perhaps                                                              
the scope  of existing AS  11.51.100(a)(3) should be  addressed at                                                              
some point, separate from a revisor's bill.                                                                                     
                                                                                                                                
1:41:34 PM                                                                                                                    
                                                                                                                                
MS.   KURTZ  -   in  response   to   questioning  comments   about                                                              
Section 4's  proposed  change  regarding  the term,  "oil  or  gas                                                              
pipeline  or supporting  facility"  as used  in Title  11 -  noted                                                              
that  Title 1  stipulates  how singular  terms  and plural  terms,                                                              
such  as "facility"  and  "facilities",  for  example,  are to  be                                                              
construed.    Returning   to  her  presentation  of   HB  81,  she                                                              
reiterated   her   explanation   of  the   changes   proposed   by                                                              
Sections 10-17  to AS  18.60;  added that  those  sections of  the                                                              
bill are intended  to clean up the pertinent  statutes - primarily                                                              
addressing  [safe employment  and definitions  related to]  safety                                                              
glazing materials  - without changing their meaning;  and surmised                                                              
that the language  being deleted - that being the  words, "but not                                                              
limited  to" -  was probably  initially included  just because  it                                                              
was copied from  similar legislation in another  state that didn't                                                              
specifically  outline in  statute that the  terms, "includes"  and                                                              
"including" shall  be construed as though followed  by the phrase,                                                              
"but not limited to", as AS 01.10.040(b) does for Alaska law.                                                                   
                                                                                                                                
CHAIR KELLER  expressed discomfort  with  the changes proposed  by                                                              
Sections 10-17  to AS 18.60, in  that without the words,  "but not                                                              
limited  to"   following  the  word,  "including",   the  proposed                                                              
statutory provisions might be misinterpreted.                                                                                   
                                                                                                                                
MS.  KURTZ pointed  out, however,  that  in drafting  legislation,                                                              
Legislative Legal  and Research  Services has been  complying with                                                              
AS  01.10.040(b) and  has  been giving  consideration  to how  the                                                              
words  "includes"   and  "including"   are  used  throughout   the                                                              
statutes.   Furthermore, regardless of  how a given term  might be                                                              
defined  in  the  dictionary,  whenever  a  term  is  defined,  or                                                              
otherwise  specifically  addressed,  in statute,  its  meaning  is                                                              
then clear  from a legal standpoint  and the courts would  look to                                                              
the  statute, not  the  dictionary,  should a  question  regarding                                                              
meaning arise.                                                                                                                  
                                                                                                                                
MS. KURTZ,  continuing with her  presentation of HB  81, explained                                                              
that  Section  18  would  delete   [from  AS  18.63.040(b),  which                                                              
addresses   certificate  programs   for  hazardous  painting,]   a                                                              
specific reference  to a repealed regulation, and  replace it with                                                              
the words, "the  department in regulation"; the  altered pertinent                                                              
language in  statute would  then read,  "standards adopted  by the                                                              
department  in   regulation".     [In  following  the   Manual  of                                                            
Legislative  Drafting  when drafting  legislation,]  drafters  try                                                            
not  to  incorporate specific  references  to  the  administrative                                                              
code  because  the  provision  in  the  code  may  be  renumbered,                                                              
[repealed,] or amended  at any time, [thereby leaving  a defective                                                              
reference in  statute].  Section  18's proposed change is  in lieu                                                              
of merely referencing a different regulation.                                                                                   
                                                                                                                                
CHAIR  KELLER  offered  his  belief  that  Section  18's  proposed                                                              
change would broaden the statute.                                                                                               
                                                                                                                                
MS.  KURTZ   again  pointed  out   that  currently,   the  statute                                                              
references a regulation  that no longer exists,  and that although                                                              
the reference could  be updated, the statute would  still have the                                                              
same flaw - that  of referencing a specific regulation  that could                                                              
change  at some  point.   Simply updating  the specific  reference                                                              
could  be  done,   however,  should  the  committee   prefer  that                                                              
approach instead.                                                                                                               
                                                                                                                                
1:47:24 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER   indicated   a  preference   for  taking   such  an                                                              
alternative  approach,   regardless  that  then  having   to  stay                                                              
abreast  of  changes  in  regulation  would  increase  Legislative                                                              
Legal and Research Services' workload.                                                                                          
                                                                                                                                
REPRESENTATIVE  LEDOUX indicated  concurrence with Chair  Keller's                                                              
points regarding Section 18.                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG surmised  that  currently, Section  18's                                                              
proposed  change  is in  accord  with  the Manual  of  Legislative                                                            
Drafting's  stipulation to  not include in  statute references  to                                                            
specific regulations,  whether federal or state,  because they can                                                              
frequently change.                                                                                                              
                                                                                                                                
MS. KURTZ concurred.                                                                                                            
                                                                                                                                
CHAIR KELLER relayed  that he would research the  issues raised by                                                              
Section 18's proposed change further.                                                                                           
                                                                                                                                
MS.  KURTZ, returning  to  her presentation  of  HB 81,  explained                                                              
that  Sections 19-21,  24-27,  and 31  address  references to  the                                                              
commissioner  of  the  Department  of  Transportation  and  Public                                                              
Facilities  (DOT&PF)  in several  provisions  of  Title 35,  which                                                              
pertains   to   public   buildings,   works,   and   improvements.                                                              
Specifically,  Section  27  -  adding  a  new  paragraph  (10)  to                                                              
AS 35.95.100  - would define  the term  "commissioner" as  used in                                                              
Title 35  to mean  the commissioner  of transportation  and public                                                              
facilities,  [and  Sections  19-21,   24-26,  and  31  would  make                                                              
conforming   changes,  with   the  latter   section  deleting   an                                                              
identical  definition that  currently applies  only to chapter  27                                                              
of  Title 35].   It  is  clear from  reading  these provisions  of                                                              
Title   35  that   that  is   what   is  meant   when  the   term,                                                              
"commissioner"  is  used,  and  so  with  the  adoption  of  these                                                              
sections of  HB 81, all of the  provisions of Title 35  could then                                                              
simply use the term, "commissioner".                                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG characterized  [the changes  proposed by                                                              
Sections 19-21, 24-27, and 31] as making a lot of sense.                                                                        
                                                                                                                                
1:51:35 PM                                                                                                                    
                                                                                                                                
MS.  KURTZ  explained  that  Sections   22  and  23  would  remove                                                              
obsolete  date  references  from  provisions [of  Title  35]  that                                                              
address  rural  school  facilities,   and  the  Robert  B.  Atwood                                                              
Building,  respectively.   Section  28  would update  the  statute                                                              
pertaining to  what must be included  in the Alaska  Online Public                                                              
Notice  System,  to  reflect  that  the  DOL  no  longer  makes  a                                                              
distinction  between the  attorney general's  formal opinions  and                                                              
his/her memoranda of  advice; this is also reflected  on the DOL's                                                              
Internet web  site, and it is  not anticipated that  this proposed                                                              
change would  create a problem.   Section 29, by adding  the word,                                                              
"energy"  to  paragraph  (1)  of AS  44.88.070  -  addressing  the                                                              
purpose   of  the   Alaska  Industrial   Development  and   Export                                                              
Authority  (AIDEA)  - would  correct  an oversight  that  occurred                                                              
when the statutes  addressing the AIDEA were amended  in 2012 [via                                                              
Senate Bill 25]  with regard to establishing a  sustainable energy                                                              
transmission   and  supply  development   program.     Section  30                                                              
resolves an internal  conflict created in AS 47.12.310  when a new                                                              
subsection   (i)  was   added  in   2004.     Subsection  (a)   of                                                              
AS 47.12.310  stipulates that  certain  information is  privileged                                                              
and  may   not  be  disclosed,   and  lists  exceptions   to  that                                                              
stipulation.     Subsection   (i)  provided   for  an   additional                                                              
exception, and so  a reference to subsection (i)  should have been                                                              
added  to  subsection  (a)'s  list of  exceptions  back  in  2004.                                                              
Section 30 corrects this oversight.                                                                                             
                                                                                                                                
REPRESENTATIVE   GRUENBERG  observed   that  a  memorandum   dated                                                              
January  15,  2013,  in  member's  packets  addresses  the  change                                                              
proposed by Section  4 of HB 81, that of making  the definition of                                                              
the  term,  "oil  or  gas  pipeline  or  supporting  facility"  in                                                              
AS 11.46.495  comport with  how  that term  is  used elsewhere  in                                                              
statute; the memorandum  says in part, "Upon review,  it was found                                                              
that the  term appeared in  more than one  section of  statute and                                                              
it  was consistently  singular."   He indicated  that Section  4's                                                              
proposed change is fine with him.                                                                                               
                                                                                                                                
CHAIR  KELLER  mentioned  that  the  committee  would  review  the                                                              
changes proposed by Sections 5 and 18 of HB 81 further.                                                                         
                                                                                                                                
[HB 81 was held over.]                                                                                                          

Document Name Date/Time Subjects
HB 100 Hearing Request.pdf HJUD 3/1/2013 1:00:00 PM
HB 100
HB 100 Sponsor Statement.pdf HJUD 3/1/2013 1:00:00 PM
HB 100
HB 100 ver. U.pdf HJUD 3/1/2013 1:00:00 PM
HB 100
HB 100 Fiscal Note Court System.pdf HJUD 3/1/2013 1:00:00 PM
HB 100
HB 100 Support Document--Review of Geographic Cost Differentials.pdf HJUD 3/1/2013 1:00:00 PM
HB 100
HB 81 Sponsor Statement.pdf HJUD 3/1/2013 1:00:00 PM
HB 81
HB 81 Sectional Summary.pdf HJUD 3/1/2013 1:00:00 PM
HB 81
HB 81 ver. N.pdf HJUD 3/1/2013 1:00:00 PM
HB 81
HB 81 Fiscal Note-Department of Law.pdf HJUD 3/1/2013 1:00:00 PM
HB 81