Legislature(2017 - 2018)BUTROVICH 205

02/06/2017 03:30 PM RESOURCES

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Audio Topic
03:30:26 PM Start
03:31:15 PM HJR6
03:52:11 PM Overview: Alaska's Primacy Program for Water and Air
04:34:23 PM SB3
04:42:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved CSHJR 6(RES) AM Out of Committee
-- Public Testimony --
+ Overview on Alaska's Primacy Program for Water TELECONFERENCED
and Air
-- Testimony <Invitation Only> --
Moved SB 3 Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB   3-SMALL VESSEL WASTEWATER EXEMPTION; 1% ART                                                                    
4:34:23 PM                                                                                                                    
CHAIR  GIESSEL  announced  consideration  of SB  3  [labeled  30-                                                               
LS0046\J]  sponsored  by  Senator  Stedman. She  noted  that  the                                                               
committee submitted  questions to  DEC and  the responses  are in                                                               
their packets.  She said  SB 3 proposes  to extend  the exemption                                                               
and  alternative  management  programs  for  certain  classes  of                                                               
marine vessels as  it relates to discharge  requirements. It also                                                               
exempts the new  Alaska-class ferries from the  1-percent for art                                                               
requirement. She  invite Michelle Hale, signatory  on the letter,                                                               
to come forward for follow-up  questions. There were none, so she                                                               
opened public testimony.                                                                                                        
4:36:28 PM                                                                                                                    
At ease                                                                                                                         
4:36:33 PM                                                                                                                    
CHAIR  GIESSEL called  the  meeting  back to  order  and noted  a                                                               
letter of support  for SB 3 from the Alaska  State Council on the                                                               
Arts as a  one-time targeted exemption from the  Alaska 1 percent                                                               
for arts program.                                                                                                               
4:37:24 PM                                                                                                                    
Finding no comments, she closed public testimony on SB 3.                                                                       
SENATOR WIELECHOWSKI  asked the Department  of Law (DOL) if  SB 3                                                               
has any issue with the single subject rule of the Constitution.                                                                 
4:37:45 PM                                                                                                                    
CHRIS  PELOSO,  Assistant  Attorney General,  Department  of  Law                                                               
(DOL), Anchorage, stated  that he believes there may  be a single                                                               
subject rule  issue with SB  3. The Alaska  Constitution, Article                                                               
II,  Section 13,  says  that  all bills  have  to  have a  single                                                               
subject. While  the courts tend  to view that very  broadly, this                                                               
bill  seems to  have two  different  subjects: one  is the  waste                                                               
water treatment  from ships and  the other is this  1-percent for                                                               
art exemption.                                                                                                                  
MR.  PELOSO said  he believes  two of  the three  ships that  are                                                               
covered  by the  1-percent sections  of  this bill  are not  even                                                               
covered by  the waste  water sections of  the bill,  because they                                                               
don't fit  under the  standards for  getting that  exemption. The                                                               
best he could say is that the  two sides of this bill are related                                                               
to boats, which in his opinion is "a pretty tenuous connection."                                                                
4:39:11 PM                                                                                                                    
SENATOR WIELECHOWSKI asked  what the consequence is  if the court                                                               
decides this is a violation of  the single subject rule. Would it                                                               
strike down both aspects of it?                                                                                                 
MR. PELOSO replied yes, it would strike down the whole bill.                                                                    
SENATOR  STEDMAN  said  the operative  terms  from  Mr.  Peloso's                                                               
opinion were of possibilities rather  than certainties; there are                                                               
different legal  opinions on  whether it  would be  challenged or                                                               
not, and he  thought the matter should go forward  and get sorted                                                               
4:40:30 PM                                                                                                                    
SENATOR COGHILL moved  to report SB 3, version  J, from committee                                                               
with individual recommendations and attached fiscal note.                                                                       
SENATOR WIELECHOWSKI  objected to  state that the  single subject                                                               
question is  a real issue, and  a challenge is likely.  The whole                                                               
bill could  be struck down and  expose a lot of  small vessels to                                                               
litigation.  It  might  be  better  to break  it  down  into  two                                                               
different bills. He then withdrew his objection.                                                                                
CHAIR GIESSEL  thanked Senator Wielechowski for  his comments and                                                               
announced  that  with no  further  objections,  SB 3  moved  from