Legislature(2001 - 2002)
03/21/2001 01:40 PM Senate JUD
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* first hearing in first committee of referral
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SB 82-2001 REVISOR'S BILL
MS. PAMELA FINLEY, Revisor of Statutes, Legislative Legal and
Research Services, said SB 82 is prepared pursuant to statute. The
purpose of SB 82 is to fix errors in previous legislation if the
fix does not involve policy choices.
SENATOR COWDERY asked if SB 82 was just a clean-up bill.
MS. FINLEY replied yes.
SENATOR COWDERY asked about the change of age for a minor.
MS. FINLEY said when the definition of minor at 19 was enacted, the
age of majority was 19, which is part of the Uniform Probate Code
(UPC). The UPC Model Act says, "Here insert the age of majority,"
it was done and it was correct in 1972. In 1977, however, the age
of majority was lowered to 18, and it was not changed in the UPC.
SENATOR COWDERY asked about the Medicare supplemental policy
change.
MS. FINLEY said the defined term does not exist in [42 U.S.C.]
1345ss[(g)(1)]. It is being changed to fit with what the federal
law actually says.
SENATOR COWDERY asked for an explanation of, "required to be
submitted to [SUBJECT TO APPROVAL BY] the legislature."
MS. FINLEY said under [AS] 23.42.15, subsection (b) the legislature
had to approve the monetary terms of an agreement under "23.40,"
the public employee's agreement. This was changed last year, which
caused the approval requirement to no longer make sense in terms of
(c). (c) should have been amended last year when (b) went from
approval to submission. "This says that the terms do not have to
be approved and now it is saying they do not have to be submitted."
These are the terms of a school district - the school district in
Wasilla does not have to submit its contract terms to the
legislature.
Number 386
CHAIRMAN TAYLOR asked if "spousal equivalent" in Sec. 9 is defined
again in a different section.
MS. FINLEY explained that it was not defined in AS 39.50.030(g),
"this was a bad cross-reference." The definition that applies to
AS 39.50.030(g) is found in AS 39.50.200.
CHAIRMAN TAYLOR noted that some of the changes were just
grammatical. He asked for an explanation of Sec. 15.
MS. FINLEY referred to the language at the top of page 5, "however,
a lessee that owns or operates a natural gas pipeline." She said
that (A) was in existing law and (B) was added last year. The
problem was the bracketed language on lines 9 through 19 used to be
at the end [(B)]. The language that required it to accept "without
unreasonable discrimination," used to go at the end of the
paragraph, which was acceptable, but when another exception was
added, it was put in the middle where it did not belong. This
language was subject to negotiation between industry and the
attorney general's (AG) office. After the legislation passed, the
AG notified Ms. Finley that there was a mistake. Before she added
this section to SB 82, industry look at it and approved of the
changes.
Number 509
CHAIRMAN TAYLOR said he could not see any substantive changes in SB
82, and without the changes subsection (B) becomes convoluted. He
noted, for the record, that there are no substantive or policy
changes that are occasioned by the language being moved from one
part of the statute to another.
MS. FINLEY replied no.
CHAIRMAN TAYLOR noted that on the top of page 7, the language
"[LAND AND WATER MANAGEMENT]" was deleted and replaced with
"division of lands." He asked if this was because the division of
lands already encompassed land and water management.
MS. FINLEY replied yes, the division of lands is established in
statute. The division of land and water management never existed
in statute it only existed in fact.
Number 592
MS. FINLEY said it was a subgroup that was never statutorily
created. Because it was not legally created under statute, it
could very easily be uncreated by changing the name.
SENATOR COWDERY asked for an explanation of the effective dates in
Sec. 25 and Sec. 26. He also asked for an explanation of AS
01.10.070(c) [in Sec. 26.].
MS. FINLEY noted that AS 01.10.070(c) is the statutory provision
that provides for immediate effective dates if the legislature
passes it by the required two thirds vote. The reason for a
special effective date for Sec. 23 is that the section being
amended, AS 45.29.702(b), does not take effect until July 1. The
reason the revisor's bill is given an effective date is so that any
changes it makes, if the same section is amended later by the
legislature, will override the revisor's bill.
CHAIRMAN TAYLOR asked if a law that was passed last year on liens
occasioned Sec. 23.
MS. FINLEY answered yes. This is the redo of Article 9 of the
Uniform Commercial Code (UCC). In the Model Act, there was a
subsection (c), which was a temporary provision, and was later
moved into a temporary law provision. It was deleted because there
was no subsection (c).
CHAIRMAN TAYLOR said the bill was a rewrite of the UCC. He asked
if a transitional piece was labeled as a regular piece.
MS. FINLEY replied yes.
SENATOR COWDERY moved CSSB 82 with individual recommendations from
committee. There being no objection, CSSB 82 moved from committee.
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