Legislature(1993 - 1994)
04/28/1993 02:30 PM Senate JUD
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE April 28, 1993 2:30 p.m. MEMBERS PRESENT Senator Robin Taylor, Chairman Senator Rick Halford, Vice-Chairman Senator George Jacko Senator Suzanne Little MEMBERS ABSENT Senator Dave Donley COMMITTEE CALENDAR CS FOR HOUSE BILL NO. 167(FIN) "An Act relating to air quality control and the prevention, abatement, and control of air pollution; relating to inspection and enforcement powers of the Department of Environmental Conservation; and providing for an effective date." CS FOR HOUSE BILL NO. 109(JUD) "An Act relating to blood tests for persons charged with sex offenses; and providing for an effective date." HOUSE BILL NO. 160(title am) "An Act relating to the time for filing certain civil actions based on a defect in an improvement to real property; and providing for an effective date." HB 73 (ANCSA STATE TAX EXEMPTIONS) was scheduled, but not taken up this date. HB 78 (TESTIMONY OF MINORS IN CRIMINAL TRIALS) was scheduled, but not taken up this date. HB 97 (PARENTAL CARE FOR CHILD IN STATE CUSTODY) was scheduled, but not taken up this date. HB 101 (NATIONAL ELECTRICAL CODE) was scheduled, but not taken up this date. HB 170 (EXTEND BOARD OF MARINE PILOTS) was scheduled, but not taken up this date. PREVIOUS SENATE COMMITTEE ACTION HB 167 - No previous action to record. HB 109 - No previous action to record. HB 160 - No previous action to record. HB 73 - See Community & Regional Affairs minutes dated 3/9/93. HB 78 - No previous action to record. HB 97 - See HESS minutes dated 4/14/93 and 4/16/93. HB 101 - See Labor & Commerce minutes dated 3/23/93 and 4/13/93. HB 170 - See Labor & Commerce minutes dated 4/22/93. WITNESS REGISTER Representative Mark Hanley State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Offered information on CSHB 167(FIN) Senator Mike Miller State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Offered information on SCS CSHB 167(JUD) Mary Nordale, Attorney At Law representing Alaska Forest Association 240 Main St., Suite 200 Juneau, AK 99801 POSITION STATEMENT: Testified in support of amendment to SCS CSHB 167(JUD) Robert Reges, Assistant Attorney General Department of Law P.O. Box 110300 Juneau, AK 99811-0300 POSITION STATEMENT: Proposed amendment to SCS CSHB 167(JUD) Representative Pete Kott State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Prime Sponsor of HB 109 Senator Loren Leman State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Testified on HB 160 ACTION NARRATIVE TAPE 93-54, SIDE A Number 001 Chairman Robin Taylor called the Judiciary Committee meeting to order at 2:30 p.m. SENATOR TAYLOR brought CSHB 167(FIN) (AIR QUALITY CONTROL PROGRAM) before the committee as the first order of business. Number 020 REPRESENTATIVE MARK HANLEY, prime sponsor of HB 167, explained that the Federal Clean Air Act requires that either the State of Alaska have a federally approved air quality program in place by November 15, 1993, or the federal government will step in and run the program for the state, as well as deduct a substantial amount of federal highway funds if the state doesn't take it over. He believes it is better for the Alaska's industry and its people to have the state run the program. Representative Hanley pointed out that the fiscal notes submitted by the Department of Environmental Conservation are substantially less than what the Environmental Protection Agency suggested it would cost to run the program. He added that the federal government requires industry that is regulated by the program to pay the entire cost of the program. Representative Hanley said the legislation has had extensive work in the House and he believes that most of the concerns expressed in their hearings have been addressed. EPA believes that it meets the requirements that they feel have to be met to have an approvable law and the Department of Environmental Conservation is comfortable at this point with the law the way it stands. Representative Hanley noted that one section in the bill that has generated a lot of discussion provides that if the department wants to go beyond a federal standard, or, if they want to adopt a standard for which there is no federal standard, they have to go through a number of steps. Number 100 SENATOR JACKO moved that SCS CSHB 167(JUD) be adopted. SENATOR LITTLE objected and asked for an explanation on the differences between the Senate version and the House version. SENATOR MIKE MILLER said most of the changes made in the Senate CS are technical changes and one change that he would consider a policy change. He then outlined the following changes made to the House version of the bill: On page 18, beginning on line 21, the section relates to penalty and interest for nonpayment. In the House version it was set at 5 percent per month for a maximum of 25 percent. The Senate version changes that to prime rate plus 2 percent. On page 3, line 2, it requires the department to use the .010 and .015 process in order to adopt emission limitations for federally exempt sources, new sources, or new facilities. In the House version .010 allowed the department to establish such emissions without using the .010 and .015 process. On page 6, lines 30 & 31 and page 7, line 6, statute references were added as technical amendments. On page 14, beginning on line 19, subsection (c) was deleted. On page 21, line 22, "amendment and modification" was deleted and replaced with "expedited authorization" to provide internal consistency in the language. On page 26, line 10, the word "warrant" was deleted and the phrase "provide a reasonable basis to regulate the source" was inserted as a technical amendment to clarify the intent of the word "warrant" and to create consistency within the bill. On page 25, line 31, a new paragraph (b) was added to provide clarification regarding a local program use of .010 and .015 procedures. On page 26, line 11, the words "excluding watercraft" was added to clarify that the term "mobile source" does not include watercraft. On page 31, line 26, the word "on-site" was deleted because the term is unnecessarily restrictive because many emergencies have off-site causes. Senator Miller noted that a further amendment relating to the definition of "facility" would also be needed. Number 240 SENATOR TAYLOR asked if there were any further objections to the adoption of SCS CSHB 167(JUD). Hearing none, he stated SCS CSHB 167(JUD) was adopted. SENATOR TAYLOR then moved the following amendment to page 4, line 9: After "(b)" delete "If requested by an owner or operator whose facility would be affected by a regulation described in AS 46.14.010(b)" and capitalize "t." MARY NORDALE, representing the Alaska Forest Association, stated their support for the amendment. Without the requirement, there would be no independent peer review on regulations proposed by the department that would impose more stringent standards or limitations, and this would have a most detrimental effect on small businesses. Ms. Nordale said that DEC has indicated that in the last 20 years it has sought to exceed federal standards on only two occasions. DEC has also indicated that it is unlikely that regulations imposing more stringent standards will be adopted in the near future. Number 325 SENATOR JACKO moved the adoption of the amendment to page 4, line 9 of SCS CSHB 167(JUD). Hearing no objection, the Chair stated the amendment was adopted. Number 330 ROBERT REGES, Assistant Attorney General, Department of Law, said a consortium of individuals had worked for several days to try to clarify the definition of "facility" and they were proposing the following amendment: Page 33, line 4: After the word "unloading" delete the words "that is required to be regulated under" and insert the words ", consistent with." Page 33, line 6: after the words "those sections;" delete "a facility regulated under this provision may be regulated by the department only to the extent required under 42 U.S.C. 7401 - 767 1q (Clean Air Act);" Mr. Reges said the amendment would make three things unequivocally clear: (1) When and if DEC goes to regulate emissions from vessels, it will do so consistent with the law and interpretations of that law; (2) If and when the department goes to regulate vessel emissions, it would be done by regulation and not permit; and (3) It would codify that adoption would proceed through the .010 and .015 process. Number 362 SENATOR TAYLOR asked if the amendment was intended to primarily impact vessels loading fuel and cargos at Valdez. ROBERT REGES answered that Valdez would be one of the facilities that would be affected. Number 380 SENATOR HALFORD moved adoption of the amendment as outlined by Mr. Reges to page 33, lines 4 & 6 to SCS CSHB 167(JUD). Hearing no objection, the Chair stated the amendment was adopted. SENATOR HALFORD moved that SCS CSHB 167(JUD), as amended, be passed out of committee with individual recommendations. SENATOR LITTLE objected. SENATOR LITTLE then moved the following amendment to page 13, lines 10 & 11: delete "private, substantive." There was objection stated to the amendment and the roll was taken with the following result: Senator Little voted "Yea" and Senators Halford, Jacko and Taylor voted "Nay." The Chair stated the motion failed. SENATOR HALFORD renewed his motion to move SCS CSHB 167(JUD) out of committee with individual recommendations. Hearing no further objection, the motion carried. Number 440 SENATOR TAYLOR introduced CSHB 109(JUD) (BLOOD TESTS ON SEX CRIME PERPETRATORS) as the next order of business. REPRESENTATIVE PETE KOTT, prime sponsor of HB 109, said the legislation is a victim's rights bill. Victims of rape and other sexual assaults are faced with many difficulties, not of which the least is the fear of infection by sexually transmitted diseases. The victim of a sexual assault has a right to know whether the alleged offender is infected with HIV or some other sexually transmitted disease. HB 109 allows victims to get early warning about possible exposure and to take precautions necessary to protect themselves and their loved ones from the threat of a disease. Number 456 SENATOR LITTLE said her fear in approving the legislation was that it may give victims a false hope, because in the case of an HIV infection, it may not show up for some time. REPRESENTATIVE KOTT agreed that with HIV there is no guarantee that an individual has the virus or doesn't have the virus, but what they are trying to address with the legislation is to allow some of the concerns to be minimized. Number 475 SENATOR HALFORD moved that CSHB 109(JUD) be passed out of committee with individual recommendations. SENATOR LITTLE objected. The roll was taken with the following result: Senators Halford, Jacko and Taylor voted "Yea" and Senator Little voted "Nay." The Chair stated the motion carried. Number 480 SENATOR TAYLOR brought HB 160(title am) (LIABILITY OF DESIGN/CONSTRUCTION PROS) before the committee as the final order of business. SENATOR LOREN LEMAN said it his understanding that the version of HB 160 before the committee is identical to SB 73, which was previously heard by the Judiciary Committee. Senator Leman directed attention to an amendment by Senator Taylor which he said clarifies that in those cases where a party is judged to be immune, that immunity is shifted to the other parties, to the extent that they are involved, in proportion to their fault. He added that he would prefer that the bill go unamended, however, he would like to see it move out of committee. Because the committee had lost its quorum, HB 160 was held over. There being no further business to come before the committee, the meeting was adjourned at 3:17 p.m.