Legislature(1999 - 2000)
04/14/2000 03:25 PM Senate RES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 194-DISASTER ASSISTANCE MR. RYAN COLGAN, staff to Representative Whitaker, sponsor of HB 194, gave the following overview of the measure. HB 194 is technical and does not change any components or affect the Oil and Hazardous Substance Release Prevention and Response Fund in any manner. When this title was changed in 1994, the drafters simply overlooked one reference made to this fund in statute therefore the original title remains in Title 26 and needs to be updated. He informed committee members that Mary Siroky, Information Officer for the Department of Environmental Conservation (DEC), was present to answer questions. SENATOR TAYLOR asked why this change was not included in the revisor's bill. MR. COLGAN said the reason is explained in detail in a memo from Mr. Crawford of the Division of Legal Services. He read the following from that memo. Ordinarily, this is the sort of problem that could easily be remedied in a revisor's bill and I initially thought to include such a correction in this year's bill. However in this case, when the fund was renamed, two different accounts within the fund were created, the first the Oil and Hazardous Substance Release Prevention Account and second, the Oil and Hazardous Substance Release Response Account. Although the titles of the accounts might provide some clue, there is no definitive way to tell whether the 1994 Legislature wanted recourse under AS 26.23.050(b), limited only to one particular account or alternatively whether recourse could be had with respect to both accounts, at least under some circumstance. SENATOR TAYLOR asked if this amendment will give recourse to both accounts. MR. COLGAN explained this amendment makes the name of the fund consistent in statute. CHAIRMAN HALFORD noted that Senator Taylor was asking which fund it applies to or whether it applies to both. MR. COLGAN said he understands it to apply specifically to the Oil and Hazardous Substance Release Response Fund. He added, "I think 'prevention and' is the phrase included in this bill. CHAIRMAN HALFORD asked if it is intended to apply to both funds. SENATOR TAYLOR noted that DEC staff gave an affirmative nod. There being no further questions or testimony, SENATOR TAYLOR moved HB 194 from committee with individual recommendations and its accompanying zero fiscal note. There being no objection, CHAIRMAN HALFORD announced it was so ordered.
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