Legislature(1997 - 1998)
03/10/1997 01:35 PM Senate CRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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.
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