Legislature(2019 - 2020)BELTZ 105 (TSBldg)

04/29/2019 01:30 PM JUDICIARY

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01:30:06 PM Start
01:30:30 PM SB71
02:29:24 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 71 2019 REVISOR'S BILL TELECONFERENCED
Heard & Held
-Invited Testimony Followed by Public Testimony-
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 29, 2019                                                                                         
                           1:30 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Shelley Hughes, Chair                                                                                                   
Senator Lora Reinbold, Vice Chair                                                                                               
Senator Jesse Kiehl                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Mike Shower                                                                                                             
Senator Peter Micciche                                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 71                                                                                                              
"An Act making corrective amendments to the Alaska Statutes as                                                                  
recommended by the revisor of statutes."                                                                                        
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 71                                                                                                                   
SHORT TITLE: 2019 REVISOR'S BILL                                                                                                
SPONSOR(s): RULES BY REQUEST OF LEGISLATIVE COUNCIL                                                                             
                                                                                                                                
03/01/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/01/19       (S)       STA, JUD                                                                                               
04/12/19       (S)       STA REFERRAL WAIVED                                                                                    
04/29/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
RYNNIEVA MOSS, Staff                                                                                                            
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced SB 71 on behalf of the Senate                                                                  
Rules Standing Committee.                                                                                                       
                                                                                                                                
JEAN MISCHEL, Revisor of Statutes                                                                                               
Legislative Legal Services                                                                                                      
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented the  changes in the revisor's bill,                                                             
SB 71.                                                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
                                                                                                                                
1:30:06 PM                                                                                                                    
CHAIR  SHELLEY  HUGHES  called   the  Senate  Judiciary  Standing                                                             
Committee meeting  to order at 1:30  p.m. Present at the  call to                                                               
order were Senators Reinbold, Kiehl, and Chair Hughes.                                                                          
                                                                                                                                
                   SB 71-2019 REVISOR'S BILL                                                                                
1:30:30 PM                                                                                                                    
CHAIR HUGHES announced  that the only order of  business would be                                                               
SENATE BILL NO.  71, "An Act making corrective  amendments to the                                                               
Alaska Statutes as recommended by the revisor of statutes."                                                                     
                                                                                                                                
1:31:14 PM                                                                                                                    
RYNNIEVA  MOSS,   Staff,  Senator  John  Coghill,   Alaska  State                                                               
Legislature,  Juneau,  said that  SB  71  was introduced  by  the                                                               
Senate   Rules  Standing   Committee  at   the  request   of  the                                                               
Legislative  Council. She  explained that  the Legislative  Legal                                                               
Services  reviews approximately  10-12  titles  in statutes  each                                                               
year, as  well as the  Constitution of  the State of  Alaska. She                                                               
explained that the  revisor of statutes makes  changes to conform                                                               
to  the  legislative  drafting  manual,  to  correct  grammatical                                                               
errors, and to eliminate obsolete statutes.                                                                                     
                                                                                                                                
1:31:53 PM                                                                                                                    
JEAN MISCHEL,  Revisor of  Statutes, Legislative  Legal Services,                                                               
Legislative  Affairs Agency,  Juneau, explained  that the  agency                                                               
conducts  a scheduled  review of  all  of the  statutes over  the                                                               
course of five or six years,  rotating through all of the titles,                                                               
including the Constitution of the  State of Alaska. This bill was                                                               
the result of  about one and one-half years of  work conducted by                                                               
the  agency's editors,  drafting  attorneys,  and the  publisher.                                                               
This year the  agency reviewed Title 6 and  several other titles.                                                               
Some titles required  very few changes, either  because they were                                                               
previously  interpreted by  the  courts or  because the  relevant                                                               
departments have  interpreted the  provisions, even if  they were                                                               
drafted inconsistent  with the  legislative drafting  manual. She                                                               
offered to  review the  changes in  SB 71  by grouping  them into                                                               
types of changes.                                                                                                               
                                                                                                                                
1:33:25 PM                                                                                                                    
SENATOR REINBOLD  asked what she  said about the  Constitution of                                                               
the State of Alaska.                                                                                                            
                                                                                                                                
MS.  MISCHEL answered  that the  agency periodically  reviews the                                                               
Constitution of  the State  of Alaska  for any  technical errors,                                                               
which are  not normally found  or changed. For example,  a change                                                               
may pertain  to a  capitalization or  it may  happen that  a case                                                               
interpreted  a  provision.  If  so,  the  revisor  might  make  a                                                               
reference  to it  in the  notes following  the constitution,  she                                                               
said.                                                                                                                           
                                                                                                                                
SENATOR  REINBOLD  said  she  was  not  aware  that  the  revisor                                                               
reviewed the Constitution of the State of Alaska.                                                                               
                                                                                                                                
1:34:15 PM                                                                                                                    
MS. MISCHEL  detailed the changes  she made as revisor.  She said                                                               
that  grammatical   changes  were  made  in   Sections  1-6.  She                                                               
explained  that the  bill drafters  strive  to draft  legislation                                                               
using the active  voice and to avoid using shorted  terms such as                                                               
exam for  examination. The language "early  chartered" should not                                                               
have been hyphenated in AS 06.01.010(e), she said.                                                                              
                                                                                                                                
CHAIR HUGHES referred  to the memorandum dated  February 28, 2019                                                               
from  Legislative  Legal  Services   that  provided  a  sectional                                                               
summary  of the  2019  revisor's  bill. She  said  that the  memo                                                               
indicates   certain  sections   delete  repealer   updates,  some                                                               
sections correct errors or oversights,  and some sections improve                                                               
the  form or  substance  of the  law. She  asked  her to  explain                                                               
"substance" because it seems to imply content.                                                                                  
                                                                                                                                
MS. MISCHEL answered  that there are two  meanings for substance.                                                               
The  revisor  and bill  drafters  do  not  intend to  change  any                                                               
substantive legal  effect in legislation, but  occasionally words                                                               
are relocated  or deleted.  For example,  the bill  drafters will                                                               
remove definitions that  are no longer used in  the statutes. The                                                               
agency considers those changes of  substance, even if it does not                                                               
have any legal effect, she said.                                                                                                
                                                                                                                                
CHAIR HUGHES said that since the document was posted online, she                                                                
thought it would be helpful to clarify that this bill is not                                                                    
addressing substantive changes to law.                                                                                          
                                                                                                                                
1:35:45 PM                                                                                                                    
MS.  MISCHEL clarified  that if  anyone  were to  suggest that  a                                                               
change had  a substantive legal  effect, the agency  would remove                                                               
that  provision.  She  said  that   she  was  not  aware  of  any                                                               
substantive changes and she had  carefully reviewed the bill. She                                                               
agreed  that the  sectional summary  generally consists  of three                                                               
different  categories  of  changes.  These changes  all  use  the                                                               
statutory basis for making changes  to the current statutes under                                                               
AS.01.05.036.                                                                                                                   
                                                                                                                                
MS.  MISCHEL  reviewed  the  sectional  summary.  She  said  that                                                               
Sections 1-6 were changed to improve form and not substance.                                                                    
                                                                                                                                
1:36:35 PM                                                                                                                    
MS. MISCHEL read Sections 7 and 8.                                                                                              
                                                                                                                                
       Bill section 7 amends AS 06.50.400(c) to update a                                                                      
      cross-reference to the federal Fair Debt Collection                                                                       
     Practices Act.                                                                                                             
                                                                                                                                
       Bill section 8 amends AS 06.55.406(a) to remove a                                                                      
        cross-reference to a federal regulation that is                                                                         
     covered by a cross-reference to the federal statute.                                                                       
                                                                                                                                
She  explained that  the agency  is biased  against referring  to                                                               
federal regulations since they change frequently.                                                                               
                                                                                                                                
1:37:03 PM                                                                                                                    
MS. MISCHEL  said that in Section  9 a comma was  removed and the                                                               
language "but not limited to," was removed.                                                                                     
                                                                                                                                
MS. MISCHEL stated that in  Section 10 and several other sections                                                               
she  removed an  obsolete reference  to "telegraphs"  since these                                                               
are no longer  available in the state or the  country. The agency                                                               
took  the opportunity  to remove  all references  to "telegraphs"                                                               
and "telegrams",  including a  crime involving  "telegraphs." She                                                               
said  at  the  end  of  the sectional  a  lot  of  the  repealers                                                               
pertained  to "telegraphs"  and "telegrams".  She noted  that she                                                               
placed  the text  of  repealed provisions  in  the sectional  for                                                               
members' review.                                                                                                                
                                                                                                                                
1:38:10 PM                                                                                                                    
MS.  MISCHEL said  she  was unsure  of the  level  of detail  the                                                               
committee wanted  to hear since  many corrections  involved comma                                                               
placement. She said  that the editor, Lexus  Publishing, seeks to                                                               
correct  commas  in  the  statutes.   However,  if  the  drafting                                                               
attorneys, editors,  and she  as the  revisor, determine  that it                                                               
has a substantive  effect, the agency would not  insert or remove                                                               
a comma. She  explained that the commas in [the  bill] are simply                                                               
for  clarification  and  grammar  purposes and  not  intended  to                                                               
change any provision or its effect.                                                                                             
                                                                                                                                
CHAIR HUGHES asked  whether any Oxford comma  debates arise, such                                                               
as "I really like my parents, humpty-dumpty, and Lady Gaga."                                                                    
                                                                                                                                
MS. MISCHEL  answered that some  Oxford commas were added  in the                                                               
bill to  clarify that it was  a serial list rather  than grouping                                                               
the last two clauses.                                                                                                           
                                                                                                                                
She said  the revisor  and drafters  changed "Alaska"  to "state"                                                               
per  the  [Manual of  Legislative  Drafting].  The drafters  also                                                               
removed some arcane  phrasing, such as "it  being understood" and                                                               
changed it to an active voice in Section 14, she said.                                                                          
                                                                                                                                
1:39:47 PM                                                                                                                    
MS. MISCHEL  said that  Sections 15-18  all reference  the Alaska                                                               
State  Bar.  These  were  fairly  bold  statutes  that  had  some                                                               
improper references and  use of pronouns, she  said. For example,                                                               
the title for the Council of  Legal Education of the American Bar                                                               
changed, so the agency updated the reference.                                                                                   
                                                                                                                                
1:40:20 PM                                                                                                                    
MS. MISCHEL  referred to  changes in Section  19, which  were all                                                               
grammatical changes.  For example,  the language  "provided that"                                                               
was  replaced with  ["if"]  for consistency  with  the Manual  of                                                               
Legislative Drafting.                                                                                                           
                                                                                                                                
She said that  a reference to "Alaska" in Section  20 was changed                                                               
to  "the  state"  consistent  with   the  Manual  of  Legislative                                                               
Drafting.                                                                                                                       
                                                                                                                                
1:40:47 PM                                                                                                                    
MS. MISCHEL said that changes  in Sections 20-22 removed the term                                                               
"telegraph."                                                                                                                    
                                                                                                                                
She  reviewed the  changes in  Section  23. She  noted that  "the                                                               
department"  was  already  defined   for  purposes  of  AS  08.48                                                               
regarding architects  and landscape  architects, so  the drafters                                                               
removed  the   whole  phrasing   "the  Department   of  Commerce,                                                               
Community and Economic Development  (DCCED)" and replaced it with                                                               
"the department." She said that  the language "whether or not" is                                                               
redundant so "or not" was removed.  She said that change was also                                                               
made  in  Sections  23-26.  She   said  that  the  definition  of                                                               
department was added to Section 27.                                                                                             
                                                                                                                                
1:41:53 PM                                                                                                                    
MS.  MISCHEL  explained that  Section  28  fixed an  omission  by                                                               
adding  a definition  for "opioid"  in the  statutes relating  to                                                               
optometrist  licensing. That  definition should  have been  added                                                               
when the  restrictions on opioid  prescriptions were added  to AS                                                               
08.72  when  it  was  changed  for  all  the  other  health  care                                                               
professionals. She  explained that a definition  was added, which                                                               
was identical to the one in Section 28.                                                                                         
                                                                                                                                
1:42:32 PM                                                                                                                    
CHAIR HUGHES  referred to  page 11. She  noted that  the language                                                               
"but  not limited  to"  was  removed. She  asked  whether it  was                                                               
standard  that  when  "including"  was  used  that  it  would  be                                                               
necessary to add  "only." She said she wanted to  be certain that                                                               
whatever  followed  was  not  limited, even  if  the  words  were                                                               
removed.                                                                                                                        
                                                                                                                                
MS. MISCHEL answered that Title  1 describes the word "including"                                                               
as meaning  "but not limited  to" so  every time that  phrase was                                                               
inserted  into the  statutes, it  was redundant.  She said  if it                                                               
were to be limited  to one item or a list  of items, the drafters                                                               
would not use the word "including."                                                                                             
                                                                                                                                
1:43:22 PM                                                                                                                    
MS. MISCHEL reviewed Section 29.                                                                                                
                                                                                                                                
     Bill   section  29   fixes  a   word  usage   error  by                                                                  
     substituting    the    phrase   "provides    outpatient                                                                    
     dispensing"  for   "dispenses",  consistent   with  the                                                                    
     defined terms for the chapter                                                                                              
                                                                                                                                
She  explained that  "dispenses" was  not defined  but since  the                                                               
term   "outpatient  dispensing"   was  defined,   legal  services                                                               
converted  "dispenses"  to "outpatient  dispensing."  "Outpatient                                                               
dispensing" has a definition for pharmacies, she said.                                                                          
                                                                                                                                
CHAIR  HUGHES related  her understanding  that hospitals  provide                                                               
inpatient  and outpatient  services.  Dispensing  medicine to  an                                                               
outpatient would  mean the person  would leave the  hospital with                                                               
the  prescription.  She  asked whether  nursing  homes  would  be                                                               
considered as "inpatient services.                                                                                              
                                                                                                                                
MS.  MISCHEL said  it  was  possible but  the  revisor would  not                                                               
remove  it from  the list  because  it could  have a  substantive                                                               
effect. For example,  it might be possible for a  nursing home to                                                               
prescribe  for  outpatient  services  if  the  person  was  being                                                               
transferred to another facility.                                                                                                
                                                                                                                                
1:44:51 PM                                                                                                                    
SENATOR KIEHL  related his  understanding that  "dispenses" would                                                               
cover both "inpatient" and "outpatient."  He asked if this change                                                               
would limit the  requirement for a pharmacist to be  in charge of                                                               
"outpatient  dispensing." He  asked whether  provisions elsewhere                                                               
in statutes would  require a licensed pharmacist to  be in charge                                                               
when dispensing to a patient in a facility.                                                                                     
                                                                                                                                
MS.  MISCHEL   answered  that  this  provision   was  limited  to                                                               
outpatient  treatment. She  said other  provisions would  address                                                               
inpatient pharmacies.                                                                                                           
                                                                                                                                
1:45:29 PM                                                                                                                    
MS. MISCHEL reviewed Sections 30-31.                                                                                            
                                                                                                                                
      Bill section 30 makes changes as described above for                                                                    
     bill sec. 9.                                                                                                               
                                                                                                                                
     Bill section 31 substitutes "may not" for "shall not",                                                                   
     consistent with the Manual of Legislative Drafting.                                                                        
                                                                                                                                
MS. MISCHEL  said that the language  "shall not" was not  used in                                                               
the statutes. She said that "may not" means "shall not."                                                                        
                                                                                                                                
CHAIR  HUGHES said  she struggles  with this  because the  phrase                                                               
"may  not deprive  a  person  of the  following"  implies that  a                                                               
person could be deprived. She  questioned the change opining that                                                               
the term "shall"  seems clear as opposed to the  term "may" which                                                               
is more questionable.                                                                                                           
                                                                                                                                
MS. MISCHEL replied that editor's  manuals and drafting treatises                                                               
also inform  the legal services  drafters and "may not"  has been                                                               
interpreted as a straight prohibition.  She explained that "shall                                                               
not" is  arcane way  of saying  "may not." Even  though may  is a                                                               
permissive   term,  adding   "not"   changes  it   to  a   strict                                                               
prohibition. She  explained that the legislative  drafters strive                                                               
for consistency, so  if any "shall not" phrases are  in statute a                                                               
court  may wonder  if it  means  something other  than "may  not"                                                               
which is  a strict prohibition.  Further, "not" means  "not." She                                                               
said the  Legislative Legal Services  seeks to make  the statutes                                                               
with strict  prohibition read "may  not." She offered  her belief                                                               
that this  was the only remaining  "shall not" in the  44 titles.                                                               
She  said   this  change  is   consistent  with  the   Manual  of                                                               
Legislative Drafting.                                                                                                           
                                                                                                                                
CHAIR HUGHES said she understands  the consistency issue, but she                                                               
questions whether  boards and others will  always interpret "may"                                                               
as  hard and  fast as  "shall." She  opined that  the term  "may"                                                               
opens a window  and pointed out that a lot  of policy changes are                                                               
based  on  "may" versus  "shall"  in  the  positive. "Do  we  use                                                               
"shall" in the positive in statute?"                                                                                            
                                                                                                                                
MS.  MISCHEL   replied  it  is   used  as  a  command.   "It's  a                                                               
disallowance of something somebody  could do physically and we're                                                               
saying you may not do it under the law."                                                                                        
                                                                                                                                
CHAIR  HUGHES  responded,  "If  "shall"  in  the  positive  isn't                                                               
considered archaic, why  is "shall not" considered  archaic - and                                                               
we're changing  it. If we  want to be  consistent, why do  we not                                                               
use "shall"  in the  positive and "shall  not" in  the negative."                                                               
There is no confusion and no wiggle room, she said.                                                                             
                                                                                                                                
MS.  MISCHEL answered  that  there  is no  wiggle  room with  the                                                               
phrase  "may not."  She said  she understands  the pause  because                                                               
"may" is  a permissive  term but adding  "not" to  the permissive                                                               
makes it a prohibition. She said  this matter is described in the                                                               
Manual of Legislative Drafting so  the courts would not interpret                                                               
it  any  other   way.  "May  not"  would  be   interpreted  as  a                                                               
prohibition, she said.                                                                                                          
                                                                                                                                
CHAIR  HUGHES  asked  whether  "may not"  and  "shall  not"  were                                                               
interpreted   this  way   universally  or   something  that   was                                                               
established in  Alaska. She  said she  was more  comfortable with                                                               
"shall not" and  she finds it odd to use  "shall" in the positive                                                               
but  prohibit its  use in  the negative.  She offered  her belief                                                               
that  someone  not familiar  with  the  drafting standards  would                                                               
think otherwise.  She said, "If I  say they 'may not'  operate to                                                               
deprive a person,  I'm thinking well maybe they  could operate to                                                               
deprive a person."                                                                                                              
                                                                                                                                
1:49:55 PM                                                                                                                    
MS. MISCHEL explained that the  only way the person could operate                                                               
would be if  the term "unless" was inserted after  "may not." She                                                               
said  it is  an interesting  debate, but  the drafting  attorneys                                                               
must  follow   drafting  conventions.   The  drafters   also  use                                                               
Dickerson [ALWD  Citation Manual,  under editor  Darby Dickerson]                                                               
as  a reference.  She explained  that this  manual is  nationally                                                               
applied in  legislative drafting.  She said  a handful  of states                                                               
may still use "shall not" but it is not common.                                                                                 
                                                                                                                                
1:50:36 PM                                                                                                                    
SENATOR REINBOLD  asked who chose  to use Dickerson and  what she                                                               
means by drafting convention.                                                                                                   
                                                                                                                                
MS.  MISCHEL answered  that Manual  of  Legislative Drafting  was                                                               
adopted by the  Legislative Council. The legislature  as well and                                                               
the drafting  attorneys are required  to follow  those standards,                                                               
which  is what  she  means by  convention.  Those decisions  were                                                               
heavily debated, she  said. The legislature makes  changes to the                                                               
manual every  year or two,  which is approved by  the Legislative                                                               
Council.  By  statute, legislators  are  required  to follow  the                                                               
manual.  Further, the  legislature always  has an  opportunity to                                                               
amend  the manual.  She  remarked that  the  Constitution of  the                                                               
State  of Alaska  uses  "shall not"  since it  was  written as  a                                                               
document  that has  a  particular history  and  context. In  this                                                               
instance, "shall  not" is a  remaining reference for  real estate                                                               
appraisers that  is not consistent with  the rest of that  or any                                                               
title, she said.                                                                                                                
                                                                                                                                
1:52:01 PM                                                                                                                    
SENATOR REINBOLD  remarked that she found  the debate interesting                                                               
and she could relate to both arguments.                                                                                         
                                                                                                                                
1:52:28 PM                                                                                                                    
CHAIR  HUGHES asked  who would  make  the decision  to amend  the                                                               
Manual of Legislative Drafting.                                                                                                 
                                                                                                                                
MS. MISCHEL  answered that the  agency conducts an  annual review                                                               
process. This year some changes  were proposed by the Chief Clerk                                                               
and  the  Senate Secretary  related  to  bill engrossment.  Those                                                               
changes  were  added  to  the   end  of  the  manual,  she  said.                                                               
Occasionally  the editor  internally  suggests  changes, and  the                                                               
revisor and assistant  revisor examines every page  of the manual                                                               
annually looking for errors or inconsistencies.                                                                                 
                                                                                                                                
CHAIR HUGHES summarized  that the decision to  make changes comes                                                               
from within the Legislative Affairs Agency.                                                                                     
                                                                                                                                
MS. MISCHEL answered  yes, but the Legislative  Council makes the                                                               
final determination, she said.                                                                                                  
                                                                                                                                
CHAIR HUGHES  suggested that the  committee might wish to  hold a                                                               
conversation  with  members  of   the  Legislative  Council.  She                                                               
reiterated  that she  prefers  "shall not"  to  make it  "crystal                                                               
clear."                                                                                                                         
                                                                                                                                
1:53:39 PM                                                                                                                    
MS. MISCHEL reviewed Sections 32-33.                                                                                            
                                                                                                                                
       Bills sections 32 and 33 make changes as described                                                                     
     above for bill secs. 10 and 13.                                                                                            
                                                                                                                                
MS. MISCHEL related that Section 32 had another reference to                                                                    
"telegraph" and Section 33 changed the term "Alaska" to "state."                                                                
                                                                                                                                
MS. MISCHEL reviewed Section 34.                                                                                                
                                                                                                                                
     Bill  section  34  fixes  an   oversight  by  adding  a                                                                  
     definition  of   "opioid"  for  statutes   relating  to                                                                    
     veterinarian  licensing, consistent  with changes  made                                                                    
     in  secs. 6,  8, 23,  and 35,  ch. 2,  SSSLA 2017,  for                                                                    
     other professional licensees.                                                                                              
                                                                                                                                
She said the agency discovered this oversight when a bill passed                                                                
in 2017 that restricted opioid prescriptions.                                                                                   
                                                                                                                                
1:54:06 PM                                                                                                                    
MS. MISCHEL reviewed Sections 35-40.                                                                                            
                                                                                                                                
     Bill   sections  35   -   38   make  changes   removing                                                                  
     "telegraph"  as described  above  and substitutes  "on"                                                                    
     for "upon" in sec. 35.                                                                                                     
                                                                                                                                
     Bill sections 39 and 40  move a cross-reference for the                                                                  
     term "party  in interest" and add  a definition section                                                                    
     to improve readability.                                                                                                    
                                                                                                                                
She explained that whenever the agency discovers that a phrase                                                                  
is used more than once, they seek to move it outside of the body                                                                
of the text. That was done in AS 13.12.550.                                                                                     
                                                                                                                                
1:54:48 PM                                                                                                                    
MS. MISCHEL reviewed Sections 41-54.                                                                                            
                                                                                                                                
     Bill  sections  41  and 42  move  definitions  from  AS                                                                  
     13.12.603(a)  and  (c)  to subsection  (d)  to  improve                                                                    
     readability,   consistent    with   the    Manual   for                                                                    
     Legislative  Drafting.  Bill  section  103  repeals  AS                                                                    
     13.12.603(c).                                                                                                              
                                                                                                                                
     Bill sections 43  - 54 make changes  as described above                                                                  
     for bill secs. 9 and 10.                                                                                                   
                                                                                                                                
She said that Section 43 was another instance of "not limited                                                                   
to" with an added comma. Sections 44-45 removed references to                                                                   
"telegram.                                                                                                                      
                                                                                                                                
1:55:46 PM                                                                                                                    
CHAIR HUGHES said she understands  not using "telegram," but this                                                               
change relates to  transmitting the "ballot count."  She said the                                                               
current  language  does not  mention  submitting  ballots by  any                                                               
other electronic  means. She asked  why the results could  not be                                                               
forwarded by  e-mail but could  be sent verbally by  telephone or                                                               
radio.                                                                                                                          
                                                                                                                                
MS. MISCHEL answered  that the legislature had a  bill pending to                                                               
address that issue.                                                                                                             
                                                                                                                                
CHAIR  HUGHES  suggested that  if  precincts  in Alaska  had  bad                                                               
connections, they might not be able to send in the results.                                                                     
                                                                                                                                
SENATOR REINBOLD agreed that was an important finding.                                                                          
                                                                                                                                
MS. MISCHEL acknowledged  that was a legitimate  question, but it                                                               
was not something that the revisor could address.                                                                               
                                                                                                                                
CHAIR HUGHES  said it  would be  a policy call  but she  found it                                                               
interesting that it had not been addressed.                                                                                     
                                                                                                                                
1:57:39 PM                                                                                                                    
MS.  MISCHEL  said  that Sections  45-46  removed  references  to                                                               
"telegram" and "telegraph."                                                                                                     
                                                                                                                                
CHAIR HUGHES  commented that Section  46 is interesting  since it                                                               
extends the time from 5 p.m.  to midnight. She asked whether that                                                               
change would be considered substantive.                                                                                         
                                                                                                                                
MS.  MISCHEL  answered  no;  that section  only  relates  to  the                                                               
receipt of a telegram by 5 p.m.                                                                                                 
                                                                                                                                
CHAIR HUGHES pointed out that it talks about mailing.                                                                           
                                                                                                                                
MS. MISCHEL suggested  that reading the sentence  in its entirety                                                               
clarifies that it is related to the delivery of a telegram.                                                                     
                                                                                                                                
CHAIR HUGHES asked  if the section relates to  "telegram" why the                                                               
language would not be removed.                                                                                                  
                                                                                                                                
MS.  MISCHEL  answered  that  the  language  Senator  Hughes  was                                                               
referring to was bracketed meaning it will be deleted.                                                                          
                                                                                                                                
MS.  MISCHEL  said   that  in  Section  47   the  agency  removed                                                               
"telegram" and in  Section 48 they removed the  term "not limited                                                               
to." Further,  the agency changed  "the primary election,"  to "a                                                               
primary election"  since the reference  is to a  specific primary                                                               
election.                                                                                                                       
                                                                                                                                
MS. MISCHEL said  in Sections 49-52, the  agency removed absolute                                                               
references  to  "telegrams" and  in  Section  53 it  removed  the                                                               
language "but  not limited  to." The  agency changed  the article                                                               
from "the"  to "a"  since it  was not  speaking about  a specific                                                               
official. In Section 54 an errant a comma was removed.                                                                          
                                                                                                                                
1:59:51 PM                                                                                                                    
MS. MISCHEL  said the next 10  sections relate to dates  that did                                                               
not have any future relevance and were obsolete.                                                                                
                                                                                                                                
     Bill section 55 removes an obsolete date reference and                                                                   
     substitutes "after" for "of" for clarity.                                                                                  
                                                                                                                                
MS.  MISCHEL referred  to AS  17.37.060, which  read, "not  later                                                               
than  August 31,  1999 the  department shall  adopt regulations."                                                               
The regulations were  adopted prior to 1999 so  the reference was                                                               
no longer necessary.  She stated that another change  made was to                                                               
the language  "within 180  days of  submission." The  agency does                                                               
not use  "180 days  of submission" and  instead uses  "before" or                                                               
"after."                                                                                                                        
                                                                                                                                
2:00:49 PM                                                                                                                    
MS. MISCHEL reviewed Sections 56-67.                                                                                            
                                                                                                                                
     Bill sections  56 -  67 make  changes to  the marijuana                                                                  
     control  law, ch.  53, SLA  2016,  consistent with  the                                                                    
     Manual of  Legislative Drafting as described  above for                                                                    
     bill sec 13.                                                                                                               
                                                                                                                                
She  explained  that  these  changes   relate  to  the  marijuana                                                               
initiative that  the voters passed.  The language did  not always                                                               
comply with the drafting rules.  The most significant changes are                                                               
found in the repealers, she said.                                                                                               
                                                                                                                                
CHAIR HUGHES  commented that in the  marijuana sections, changing                                                               
the language  "shall not be an  offense" to "is not  an offense,"                                                               
does  not  substantively  change  anything. She  referred  to  AS                                                               
17.38.190 on  page 25,  Section 63  that uses  the "may  not" and                                                               
"shall  not"   language.  She   read,  "Regulations   under  this                                                               
subsection  may   [SUCH  REGULATIONS  SHALL]  not   prohibit  the                                                               
operation of marijuana establishments."   She opined that someone                                                               
could interpret  this differently. She related  her understanding                                                               
that the  board regulating  marijuana would  know that  "may not"                                                               
means "shall not." She referred to  page 25, line 21, which reads                                                               
"(2) a  schedule of application, registration,  and renewal fees;                                                               
[,  PROVIDED,] application  fees may  [SHALL] not  exceed $5,000,                                                               
 ." She  said that  she reads  it to  mean that  application fees                                                               
could exceed $5,000.                                                                                                            
                                                                                                                                
2:02:55 PM                                                                                                                    
SENATOR REINBOLD  referred to the  term "displaying" on  page 22,                                                               
line  5. She  said it  appears that  this states  that displaying                                                               
marijuana accessories  or one ounce  or less of marijuana  is not                                                               
illegal.  She acknowledged  that the  bill does  not change  this                                                               
provision  but  it gives  her  pause  since the  regulations  are                                                               
fairly strict.                                                                                                                  
                                                                                                                                
MS.  MISCHEL  answered  that  the   revisor  cannot  modify  that                                                               
language  in SB  71. She  agreed that  the marijuana  regulations                                                               
have interpreted this  provision fairly strictly, but  it is what                                                               
the voters passed in the initiative.                                                                                            
                                                                                                                                
SENATOR REINBOLD  talked about the  reasons the  regulations were                                                               
tightened  and  opined  that  the bill  seems  to  undoing  those                                                               
protections. She asked whether AS 17.38.020 was being rewritten.                                                                
                                                                                                                                
MS. MISCHEL answered  no. The Revisor bill  is replacing "Alaska"                                                               
with "state" and fixing the reference to "basis."                                                                               
                                                                                                                                
SENATOR REINBOLD  asked whether  she could  see the  ambiguity in                                                               
the language on line 5, which reads:                                                                                            
                                                                                                                                
     (1)  possessing,  using,   displaying,  purchasing,  or                                                                    
     transporting  marijuana  accessories  or one  ounce  or                                                                    
     less of marijuana;                                                                                                         
                                                                                                                                
She said the regulations seem to contradict that language.                                                                      
                                                                                                                                
2:05:35 PM                                                                                                                    
CHAIR  HUGHES referred  to  Section 63,  page  26, [lines  7-11],                                                               
which reads:                                                                                                                    
                                                                                                                                
     (b)  In  order to  ensure  that  individual privacy  is                                                                    
     protected,  the   board  may  [SHALL]  not   require  a                                                                    
     consumer  to  provide  a retail  marijuana  store  with                                                                    
     personal   information  other   than  government-issued                                                                    
     identification to  determine the consumer's age,  and a                                                                    
     retail marijuana  store may [SHALL] not  be required to                                                                    
     acquire   and   record   personal   information   about                                                                    
     consumers.                                                                                                                 
                                                                                                                                
She  said this  is another  instance  where "shall  not" will  be                                                               
replaced with "may  not." She maintained that  the common reading                                                               
is  "they  could  possibly  be required  to  acquire  and  record                                                               
personal information."                                                                                                          
                                                                                                                                
MS.  MOSS  suggested  that  Senator Hughes  bring  the  issue  to                                                               
Senator Stevens' attention.                                                                                                     
                                                                                                                                
MS. MISCHEL  clarified that  without the word  "not" it  would be                                                               
permissive, but the "not" changes the meaning significantly.                                                                    
                                                                                                                                
CHAIR HUGHES said  she was just reiterating her  position to make                                                               
a point. She  said she understands that the  drafters and revisor                                                               
read it differently.                                                                                                            
                                                                                                                                
2:06:53 PM                                                                                                                    
MS. MISCHEL referred  to page 26, Section 64,  lines 12-16, which                                                               
removes a reference to subsection (g).                                                                                          
                                                                                                                                
     * Sec.  64. AS 17.38.210(d)  is amended to read:  (d) A                                                                    
     local  government  may  establish  procedures  for  the                                                                    
     issuance, suspension, and  revocation of a registration                                                                    
     issued by  the local government in  accordance with (f)                                                                    
     of this  section. The [OR  (g) OF THIS  SECTION. THESE]                                                                    
     procedures are  [SHALL BE] subject to  all requirements                                                                    
     of AS 44.62 (Administrative Procedure Act).                                                                                
                                                                                                                                
She  explained that  subsection (g)  is being  repealed since  it                                                               
contains  a February  2015 date  and  is no  longer relevant.  It                                                               
relates  to   the  state  board  adopting   regulations  for  the                                                               
regulation of marijuana, which was done, she said.                                                                              
                                                                                                                                
SENATOR  KIEHL asked  if that  means that  if the  state did  not                                                               
adopt regulations  timely, that a  municipality could put  in its                                                               
own approval  procedures. He said  he wants to ensure  this would                                                               
not remove any functional ability  for a municipality to regulate                                                               
marijuana within its boundaries.                                                                                                
                                                                                                                                
MS.  MISCHEL  answered  that  is correct.  This  relates  to  the                                                               
initial state  oversight of  the industry. If  the state  had not                                                               
adopted  regulations to  allow the  licensing of  establishments,                                                               
the municipalities would have done it regionally.                                                                               
                                                                                                                                
MS. MISCHEL  referred to Sections 65-66  AS 17.38.210(e)-(i). The                                                               
agency does not use the  phrase "provided the" but would normally                                                               
use "provided that." She explained  that it is fairly common with                                                               
initiatives that grammatical or lack  of clarity issues arise. It                                                               
also  removes the  cross reference  to subsection  (g), which  is                                                               
being repealed.  Section 67 corrects an  error in the use  of the                                                               
plural "consumptions."                                                                                                          
                                                                                                                                
2:09:32 PM                                                                                                                    
MS. MISCHEL reviewed Section 68 and Sections 70-75.                                                                             
                                                                                                                                
         Bill sections 68, and 70 - 75 make changes as                                                                        
     described above for bill secs. 9 and 10.                                                                                   
                                                                                                                                
She referred  to Title  21 related to  insurance. In  Section 68,                                                               
the  comma was  moved inside  the quotations,  the language  "any                                                               
such" was removed and an Oxford  comma was added on page 27, line                                                               
30 to  reflect the series.  She said the drafters  changed "that"                                                               
to "the"  and on page  28, line  17, rearranged the  placement of                                                               
"and," and  removed the  phrase "but  limited to."  She explained                                                               
that  the agency  seeks to  use the  article "the"  not the  term                                                               
"those" in terms  of contract. On page 28, line  31, the drafters                                                               
removed  an errant  comma.  She said  that the  use  of "any"  is                                                               
disfavored in  statutes, which  was another  drafting convention,                                                               
so "any" was changed to  "an." For editorial reasons the drafters                                                               
often remove the term "upon" and replace it with the term "on."                                                                 
                                                                                                                                
MS.  MISCHEL said  that an  error in  Section 69  related to  the                                                               
federal reference to the HIPAA  [Health Insurance Portability and                                                               
Accountability  Act of  1996) was  corrected. She  said that  the                                                               
phrase "but  not limited  to" in Sections  70-72 was  removed. In                                                               
Section 73,  the drafter removed  a reference to  "telegram," and                                                               
in  Section 74  added "the  Commonwealth  of" to  a reference  to                                                               
Puerto Rico.  She said that  in Section 75, the  drafter combined                                                               
compound  words,   including  handpicking  and   babysitter.  The                                                               
drafter replaced the phrase "for  purposes of" with the term "in"                                                               
relating  to a  particular paragraph,  which is  also a  drafting                                                               
convention. The  drafter also made grammatical  changes on [lines                                                               
29-30]. On  page 33,  the drafter replaced  the term  "upon" with                                                               
the term "on."                                                                                                                  
                                                                                                                                
2:12:01 PM                                                                                                                    
MS. MISCHEL reviewed Section 76-83.                                                                                             
                                                                                                                                
     Bill section 76 removes references to "telegraph" and                                                                    
      makes word usage changes as described above for sec.                                                                      
     10.                                                                                                                        
                                                                                                                                
     Bill sections  77 -  83 make  style, grammar,  and word                                                                  
     usage   changes.   Sec.  78   adds   a   comma  in   AS                                                                    
     25.25.611(a)(2)  to  clarify  that  individual  parties                                                                    
     must consent  to the jurisdiction  of a state  court to                                                                    
     modify a foreign child support  order when the child is                                                                    
     a  state resident.  This change  was  requested by  the                                                                    
     Department  of Law  and the  Alaska Court  System. Sec.                                                                    
     79, changes  the term "fair appraised  market value" to                                                                    
     "appraised fair market value" in the State Lands Act.                                                                      
                                                                                                                                
She  said  that   the  drafter  corrected  a   compound  word  to                                                               
"babysitter" and on page 37 the term "and" was inserted.                                                                        
                                                                                                                                
MS. MISCHEL  said the Department  of Law requested the  change in                                                               
Section  78  for  a  statute related  to  foreign  child  custody                                                               
orders. She  noted that the comma  that was inserted on  page 39,                                                               
line  [25]  was  significant  because it  would  have  allowed  a                                                               
modification of  a foreign child  support order  without parental                                                               
consent.                                                                                                                        
                                                                                                                                
2:13:12 PM                                                                                                                    
MS. MISCHEL said  that Section 79 changes  "fair appraised market                                                               
value"  to "appraised  fair market  value,"  which is  consistent                                                               
with the rest of the statute.                                                                                                   
                                                                                                                                
She said that drafters removed an  errant comma in Section 80. An                                                               
additional  comma was  added  in  Sections 81  and  82, based  on                                                               
drafting convention. In  Section 83 the drafter  changed the term                                                               
"libraries"  to "library"  consistent with  drafting rules  about                                                               
using singular terms whenever possible.                                                                                         
                                                                                                                                
MS. MISCHEL reviewed Sections 84-89.                                                                                            
                                                                                                                                
     Bill sections  84 -  89 make  style, grammar,  and word                                                                  
     usage  changes including  removal of  "but not  limited                                                                    
     to" as described for bill sec. 9.                                                                                          
                                                                                                                                
She said  that in Section  84 "but  not limited to"  was removed.                                                               
She said grammatical errors were  corrected in Sections 85-88. In                                                               
Section  84,   the  drafter  added  "the   special  fittings"  to                                                               
eliminate an ambiguity in the original phrasing.                                                                                
                                                                                                                                
2:14:14 PM                                                                                                                    
MS. MISCHEL  said that in  Section 89  the drafter added  "by the                                                               
commission" since it  was not clear who would reject  a tariff or                                                               
provision.  This is  consistent with  the previous  sentence, she                                                               
said.                                                                                                                           
                                                                                                                                
2:14:45 PM                                                                                                                    
MS. MISCHEL reviewed Sections 90 and 91.                                                                                        
                                                                                                                                
     Bill   sections  90   and  91   remove  references   to                                                                  
     "telegraph"  as obsolete  and  clarify in  AS 42.20.390                                                                    
     that  definitions are  provided for  terms "unless  the                                                                    
     context otherwise requires" a specific definition.                                                                         
                                                                                                                                
She said that  Section 91 clarifies the general  definition in AS                                                               
42.20.390 since a special meaning  was given to an "eavesdropping                                                               
device" in  a separate  section in that  chapter for  purposes of                                                               
ensuring  that  the  general definitions  did  not  override  the                                                               
specific  definition. On  page 43,  line  3, a  reference to  "or                                                               
telegraph" was  removed and "a  telephone" replaced "such  an" to                                                               
clarify which noun was referenced.                                                                                              
                                                                                                                                
2:15:38 PM                                                                                                                    
MS. MISCHEL reviewed Sections 92-93.                                                                                            
                                                                                                                                
     Bill section  92 adds  an Oxford  comma, also  called a                                                                  
     serial comma,  immediately before the conjunction  to a                                                                    
     series of three or more terms for clarity.                                                                                 
                                                                                                                                
     Bill  section  93 corrects  a  reference  to the  Rural                                                                  
     Electrification Act by providing  a federal cite to the                                                                    
     Act.                                                                                                                       
                                                                                                                                
She explained that the federal  statute cite was added to Section                                                               
93.                                                                                                                             
                                                                                                                                
2:16:06 PM                                                                                                                    
MS. MISCHEL reviewed Section 94.                                                                                                
                                                                                                                                
     Bill  sections  94  -  97  improve  the  references  to                                                                  
     specified   state   entities    by   using   consistent                                                                    
     terminology and a definition for each.                                                                                     
                                                                                                                                
She explained  that the  agency took  out the  phrase "Regulatory                                                               
Commission  of  Alaska" and  replaced  it  with "commission"  and                                                               
defined  it in  that same  chapter.  She said  that normally  the                                                               
agency would  not have made a  change but AS 42.45  uses the term                                                               
"commission"  frequently without  a definition.  A similar  issue                                                               
exists  with  Sections  96  and  97,  such  that  "Alaska  Energy                                                               
Authority"  was  replaced  with  "authority"  since  the  chapter                                                               
defined it.                                                                                                                     
                                                                                                                                
2:16:51 PM                                                                                                                    
MS. MISCHEL reviewed Section 98.                                                                                                
                                                                                                                                
     Bill section 98 corrects a reference to AS 43.20.043,                                                                    
     previously repealed, as "former" law.                                                                                      
                                                                                                                                
She said  that Section 98  references a provision,  AS 43.20.043,                                                               
which was  repealed in 2010.  It was changed into  "former" since                                                               
it may  have some  relevance for tax  credits or  deductions that                                                               
may  be applied  retrospectively.  At some  point,  she said  she                                                               
envisions  that it  will  be deleted  as  an obsolete  reference.                                                               
However, that may not be the case currently.                                                                                    
                                                                                                                                
2:17:34 PM                                                                                                                    
CHAIR HUGHES  asked whether  that was the  same for  AS 43.55.025                                                               
referenced on page 47, line 5.                                                                                                  
                                                                                                                                
MS. MISCHEL clarified that "former" only refers to AS 43.20.043.                                                                
                                                                                                                                
2:18:09 PM                                                                                                                    
MS. MISCHEL reviewed Sections 99-100.                                                                                           
                                                                                                                                
     Bill sections 99 and 100 remove obsolete references to                                                                   
     "telegram" and "telegraph."                                                                                                
                                                                                                                                
She  said that  in Section  100, the  term "telefax"  is replaced                                                               
with the term "facsimile."                                                                                                      
                                                                                                                                
2:18:29 PM                                                                                                                    
MS. MISCHEL reviewed Section 101.                                                                                               
                                                                                                                                
     Bill  section  101  corrects an  oversight  in  a  2025                                                                  
     sunset  to  include  definitions  of terms  used  in  a                                                                    
     temporary  program in  AS 14.07.180(o)  by ch.  73, SLA                                                                    
     2018.                                                                                                                      
                                                                                                                                
She explained that  this was an amendment to uncodified  law to a                                                               
sunset  provision  in  2025,  related  to  a  pilot  project  for                                                               
curriculum review.  She said  that when  the agency  inserted the                                                               
sunset into  the bill,  it missed three  of the  five definitions                                                               
that were  not used elsewhere  in statute. These  provisions were                                                               
added to the 2025 sunset, she  said. She explained that they were                                                               
definitions  for "rural,"  "urban,"  and  "school districts  ADN"                                                               
which are not used elsewhere after the sunset.                                                                                  
                                                                                                                                
2:19:28 PM                                                                                                                    
MS. MISCHEL reviewed Section 102.                                                                                               
                                                                                                                                
        Bill section 102 repeals obsolete provisions and                                                                      
        definitions for unused terms or for placement in                                                                        
     another section.                                                                                                           
                                                                                                                                
She explained that this was a  series of repealers, some of which                                                               
were  inserted  in  the  bill  in other  places.  Some  refer  to                                                               
obsolete provisions  or definitions  that are  no longer  used in                                                               
the statute, she said.                                                                                                          
                                                                                                                                
MS.  MISCHEL clarified  that if  the definition  is not  used for                                                               
that  purpose, it  would be  removed. However,  it does  not mean                                                               
that the term is not used elsewhere in statute.                                                                                 
                                                                                                                                
2:20:20 PM                                                                                                                    
CHAIR HUGHES  referred to Section  100. She said  that facsimiles                                                               
or  faxes  are still  used  by  some  people. She  asked  whether                                                               
telefax means the same thing.                                                                                                   
                                                                                                                                
MS.  MISCHEL answered  that it  does, but  the statutes  refer to                                                               
them  as  facsimiles.  She  agreed  that  the  machines  are  not                                                               
obsolete.                                                                                                                       
                                                                                                                                
2:20:58 PM                                                                                                                    
SENATOR REINBOLD asked how the  revisor actually reads all of the                                                               
statutes.                                                                                                                       
                                                                                                                                
MS.  MISCHEL  answered  that  she  reads  every  bill  and  every                                                               
opinion. She said that all staff  read the bills line by line. In                                                               
this  case,  it  took  five  drafting  attorneys  to  review  the                                                               
statutes  addressed in  SB 71.  As  revisor, she  would assign  a                                                               
title  to a  drafting  attorney during  the legislative  interim.                                                               
Sometimes the agency  staff will pull the old  bills to determine                                                               
if there are errors, she said.                                                                                                  
                                                                                                                                
SENATOR  REINBOLD asked  whether  it takes  months to  accomplish                                                               
this.                                                                                                                           
                                                                                                                                
MS. MISCHEL  answered yes. In  this case the project  spanned two                                                               
legislative  interims.  Further,  the  agency  received  a  large                                                               
number  of suggested  changes from  LEXIS Publishing.  The agency                                                               
must decide  whether to include  them in  a revisor's bill  or if                                                               
the  change could  be made  as a  manifest error.  She said  that                                                               
sometimes the agency  discovers errors and as  revisor, she would                                                               
send a memo  to the publisher. In response  to Senator Reinbold's                                                               
remark, she  agreed it  is very interesting.  She added  that the                                                               
agency is very conservative when  it recommends the repeal of any                                                               
statutes. For  example, the Longevity  Bonus Program is  still in                                                               
statute [even though  the program is no longer  active]. It could                                                               
be brought to the legislature as  part of the revisor's bill, but                                                               
some topics and  issues are better presented  by the legislature,                                                               
she said.                                                                                                                       
                                                                                                                                
CHAIR HUGHES asked if they note  missing items as they go through                                                               
the  review  and bring  those  to  the attention  of  Legislative                                                               
Council.  For example,  she asked  whether an  issue such  as one                                                               
discussed  earlier  that related  to  using  electronic means  to                                                               
report ballot counts.                                                                                                           
                                                                                                                                
MS. MISCHEL  answered that the  agency typically leaves it  up to                                                               
the legislature.  At the  point when a  bill drafter  discusses a                                                               
topic  with  a   legislator,  the  agency  would   bring  up  the                                                               
recommendation. The  agency would  not ask to  submit substantive                                                               
bills,  except  for a  special  revisor's  bill, which  would  be                                                               
closer  to   substantive  law  changes  in   instances  in  which                                                               
ambiguity exists  or if an  issue exists throughout  the statutes                                                               
that needs  to be addressed. In  that case, the revisor  would go                                                               
to the Chair of the House  or Senate Rules or Judiciary Committee                                                               
for assistance. However, that would be rare she said.                                                                           
                                                                                                                                
2:25:29 PM                                                                                                                    
CHAIR HUGHES  related her understanding  that the agency  and the                                                               
Senate Rules Committee carefully  reviewed the bill. She recalled                                                               
that Ms. Moss found an error during that review.                                                                                
                                                                                                                                
MS.  MOSS  answered  that  it related  to  public  utilities  and                                                               
changed  "regulatory"  to  "certified."   This  change  had  some                                                               
repercussions  for  federal law,  so  that  language was  removed                                                               
before SB 71 was introduced, she said.                                                                                          
                                                                                                                                
2:26:17 PM                                                                                                                    
CHAIR  HUGHES referred  to page  4 of  the memo  to the  "Text of                                                               
Repealed Provisions, which reads:                                                                                               
                                                                                                                                
     TEXT OF REPEALED PROVISIONS                                                                                            
                                                                                                                                
     AS 08.62.900(4).                                                                                                       
     "knowingly" has the meaning given in AS 11.81.900(a);                                                                      
                                                                                                                                
     AS 08.80.480(35)[renumbered as (35) in 2018].                                                                          
     "prospective  drug use  review" means  a review  of the                                                                    
     patient's drug therapy and  prescription drug order, as                                                                    
     defined  in  the  regulations   of  the  board,  before                                                                    
     dispensing the drug as part of a drug regimen review;                                                                      
                                                                                                                              
     AS 08.86.230(3).                                                                                                       
     "private agency"  means a  clinic or  private practice,                                                                    
     or   custodial,   rehabilitative,    or   health   care                                                                    
     organization  whose mental  health  services are  under                                                                    
     the   direction   of   a   licensed   psychologist   or                                                                    
     psychiatrist;                                                                                                              
                                                                                                                                
     AS 09.55.240(a)(9).                                                                                                    
                      telegraph lines;                                                                                          
                                                                                                                                
     AS 11.61.145(c)                                                                                                        
          In this section, "animal" means a vertebrate                                                                          
     living creature not a human  being but does not include                                                                    
     fish.                                                                                                                      
                                                                                                                                
     AS 13.12.603(c)                                                                                                        
                   In (b) of this section,                                                                                      
     (1) "primary  devise" means the devise  that would have                                                                    
     taken  effect  had all  the  deceased  devisees of  the                                                                    
     alternative  devises  who  left  surviving  descendants                                                                    
     survived the testator;                                                                                                     
     (2)  "primary  substitute  gift" means  the  substitute                                                                    
     gift created with respect to a primary devise;                                                                             
     (3) "younger-generation devise" means a devise that                                                                        
     (A)  is to  a  descendant  of a  devisee  of a  primary                                                                    
     devise;                                                                                                                    
     (B)  is  an  alternative  devise with  respect  to  the                                                                    
     primary devise;                                                                                                            
     (C)  is  a  devise  for  which  a  substitute  gift  is                                                                    
     created; and                                                                                                               
     (D)  would  have  taken effect  had  all  the  deceased                                                                    
     devisees  who left  surviving descendants  survived the                                                                    
     testator  except the  deceased devisee  or devisees  of                                                                    
     the primary devise;                                                                                                        
     (4)  "younger-generation   substitute  gift"   means  a                                                                    
     substitute  gift created  with  respect  to a  younger-                                                                    
     generation devise.                                                                                                         
                                                                                                                                
     AS 17.20.370(2)                                                                                                        
     "antiseptic",  in the  labeling or  advertisement of  a                                                                    
     drug,  is  a representation  that  it  is a  germicide,                                                                    
     except  in the  case of  a  drug purporting  to be,  or                                                                    
     represented as,  an antiseptic for inhibitory  use as a                                                                    
     wet dressing,  ointment, dusting  powder, or  other use                                                                    
     involving prolonged contact with the body;                                                                                 
                                                                                                                                
     AS 17.38.210(g)                                                                                                        
          (g)  If  the  board  does  not  adopt  regulations                                                                    
     required by  AS 17.38.190,  an applicant may  submit an                                                                    
     application  directly to  a local  regulatory authority                                                                    
     after one year  after February 24, 2015,  and the local                                                                    
     regulatory authority  may issue an  annual registration                                                                    
     to the applicant.                                                                                                          
                                                                                                                                
     AS 17.38.210(k)                                                                                                        
          (k) A  subsequent or  renewed registration  may be                                                                    
     issued under (g) of this  section on an annual basis if                                                                    
     the board  has not  adopted regulations required  by AS                                                                    
     17.38.190  at least  90  days prior  to  the date  upon                                                                    
     which such subsequent or  renewed registration would be                                                                    
     effective  or  if  the board  has  adopted  regulations                                                                    
     pursuant to AS 17.38.190 but  has not, at least 90 days                                                                    
     after   the  adoption   of  such   regulations,  issued                                                                    
     registrations pursuant to AS 17.38.200.                                                                                    
                                                                                                                                
     AS 42.05.381(k)(2)                                                                                                     
     "liquefied  natural  gas   storage  facility"  has  the                                                                    
     meaning given in AS 42.05.990.                                                                                             
                                                                                                                                
     AS 42.20.050                                                                                                           
          Altering message; punishment. (a) A person is                                                                       
     guilty of a misdemeanor and  is punishable by a fine of                                                                    
     not more than  $1,000, or by imprisonment  for not more                                                                    
     than  one year,  or  by both  if  the person  willfully                                                                    
     alters a message by adding to  it or omitting from it a                                                                    
     word or  figure so as  to materially change  the sense,                                                                    
     purport, or  meaning of the  message, to the  injury of                                                                    
     the person sending  or desiring to send it,  or to whom                                                                    
     it was directed.                                                                                                           
     (b)  When  numerals  or  words of  number  occur  in  a                                                                    
     message the operator or clerk  sending or receiving may                                                                    
     express them in words or  figures, or in both words and                                                                    
     figures, and  this may not be  considered an alteration                                                                    
     of the message or to  affect its genuineness, force, or                                                                    
     validity.                                                                                                                  
                                                                                                                                
     AS 42.20.060                                                                                                           
          Sending or delivering false or forged message;                                                                      
     punishment. A person is guilty  of a misdemeanor and is                                                                  
     punishable by  a fine  of not more  than $1,000,  or by                                                                    
     imprisonment for not more than  one year, or by both if                                                                    
     the person                                                                                                                 
     (1) knowingly and willfully sends  by telegraph a false                                                                    
     or forged message;                                                                                                         
     (2) willfully  delivers, or has  delivered, a  false or                                                                    
     forged  message,   falsely  purporting  to   have  been                                                                    
     received by telegraph; or                                                                                                  
     (3)  furnishes   or  conspires  to  furnish,   or  have                                                                    
     furnished,  to an  agent, operator,  or  employee in  a                                                                    
     telegraph office,  to be  sent by  telegraph, or  to be                                                                    
     delivered, a  false or forged message,  knowing that it                                                                    
     is  false or  forged,  with the  intention to  deceive,                                                                    
     injure, or defraud any person.                                                                                             
                                                                                                                                
     AS 42.20.070                                                                                                           
          Punishment and civil liability for use by                                                                           
     employee  of  information   derived  from  message.  An                                                                  
     agent, operator, or employee  in a telegraph office who                                                                    
     uses  or  appropriates   information  derived  by  that                                                                    
     person  from  a  private message  passing  through  the                                                                    
     person's   hands   and   addressed   to   another,   or                                                                    
     information acquired  by reason  of the  person's trust                                                                    
     as  agent,  operator, or  employee,  or  who trades  or                                                                    
     speculates  upon  this  information, or  who  turns  or                                                                    
     attempts  to turn  it to  personal account,  profit, or                                                                    
     advantage is guilty of a  misdemeanor and is punishable                                                                    
     by a  fine of not  more than $1000, or  by imprisonment                                                                    
     for not more  than one year, or by both,  and is liable                                                                    
     in treble  damages to the  party aggrieved for  loss or                                                                    
     injury sustained.                                                                                                          
                                                                                                                                
     AS 42.20.080                                                                                                           
          Delaying or refusing to send or deliver message;                                                                    
     punishment. (a)  An agent, operator,  or employee  in a                                                                  
     telegraph   office  who   unreasonably  and   willfully                                                                    
     refuses or neglects  to send a message  received at the                                                                    
     office  for   transmission,  or  who   unreasonably  or                                                                    
     willfully postpones  the message  out of its  order, or                                                                    
     unreasonably  and  willfully  refuses  or  neglects  to                                                                    
     deliver a message received by  telegraph is guilty of a                                                                    
     misdemeanor and  is punishable  by a  fine of  not more                                                                    
     than $500,  or by  imprisonment for  not more  than six                                                                    
     months, or by both.                                                                                                        
     (b) This section does not  require a person to receive,                                                                    
     transmit, or  deliver a message unless  the charges are                                                                    
     paid,  or   to  require  the  sending,   receiving,  or                                                                    
     delivery of a message  counseling, aiding, abetting, or                                                                    
     encouraging  treason  against  the  government  of  the                                                                    
     United  States,  or  other  resistance  to  the  lawful                                                                    
     authority,  or  a  message   calculated  to  further  a                                                                    
     fraudulent  plan   or  purpose,  or  to   instigate  or                                                                    
     encourage the  perpetration of an  unlawful act,  or to                                                                    
     facilitate the  escape of a criminal  or person accused                                                                    
     of crime.                                                                                                                  
                                                                                                                                
     AS 42.20.085                                                                                                           
          Priority of official communications; penalty for                                                                    
     refusal,  delay,  or  alteration  of  transmission.  On                                                                  
     application of an officer of  the state in case of war,                                                                    
     insurrection, riot,  civil commotion, or  resistance of                                                                    
     public authority, for the  prevention and punishment of                                                                    
     crime,  or  for  the  arrest of  persons  suspected  or                                                                    
     charged  with crime,  a  telegraph  company shall  give                                                                    
     immediate dispatch to the  communication of the officer                                                                    
     at  the price  of ordinary  communications of  the same                                                                    
     length.  An officer,  agent, operator,  or employee  of                                                                    
     the company who refuses  or willfully omits to transmit                                                                    
     the   communication,  or   designedly   alters  it   or                                                                    
     falsifies it is, upon conviction,  punishable by a fine                                                                    
     of not more than $1000,  or by imprisonment in jail for                                                                    
     not more than one year, or by both.                                                                                        
                                                                                                                                
     AS 42.20.090                                                                                                           
          Punishment and civil liability for opening or                                                                       
     obtaining message  addressed to  another. A  person not                                                                  
     connected  with a  telegraph  office  who, without  the                                                                    
     authority or consent of the  person to whom the message                                                                    
     is   directed,  willfully   opens  a   sealed  envelope                                                                    
     enclosing  a   telegraph  message,  and   addressed  to                                                                    
     another, with  the purpose of learning  the contents of                                                                    
     the  message, or  who  fraudulently represents  another                                                                    
     person,  and thereby  procures to  receive a  telegraph                                                                    
     message addressed  to another, with the  intent to use,                                                                    
     destroy,  or  detain it  from  the  person entitled  to                                                                    
     receive the message, is guilty  of a misdemeanor and is                                                                    
     punishable  by a  fine of  not more  than $1000,  or by                                                                    
     imprisonment for  not more  than one  year, or  by both                                                                    
     and is liable  in damages to the party  injured for all                                                                    
     loss  and damage  sustained by  reason of  the wrongful                                                                    
     act.                                                                                                                       
                                                                                                                                
     AS 42.20.110                                                                                                           
          Bribing operator or employee to disclose private                                                                    
     message; punishment.  A person  who, by the  payment or                                                                  
     promise of a bribe,  inducement, or reward, procures or                                                                    
     attempts  to procure  a telegraph  agent, operator,  or                                                                    
     employee  to   disclose  a  private  message,   or  the                                                                    
     contents, purport,  substance, or meaning of  a private                                                                    
     message,  or  who  offers to  an  agent,  operator,  or                                                                    
     employee  a  bribe,  compensation, or  reward  for  the                                                                    
     disclosure  of private  information received  by reason                                                                    
     of  the  position  of  trust  as  agent,  operator,  or                                                                    
     employee,  or   who  uses  or   attempts  to   use  the                                                                    
     information  so obtained,  is guilty  of a  misdemeanor                                                                    
     and is punishable by a fine  of not more than $1000, or                                                                    
     by  imprisonment for  not  more than  one  year, or  by                                                                    
     both.                                                                                                                      
                                                                                                                                
CHAIR  HUGHES  asked  whether  this was  the  only  committee  of                                                               
referral.                                                                                                                       
                                                                                                                                
MS. MOSS answered yes.                                                                                                          
                                                                                                                                
CHAIR HUGHES  referred to the  repealers and asked  whether these                                                               
provisions  were addressed  in other  statutes. For  example, the                                                               
third one in the memo reads:                                                                                                    
                                                                                                                                
 AS 08.86.230(3).                                                                                                           
     "private agency"  means a  clinic or  private practice,                                                                    
     or   custodial,   rehabilitative,    or   health   care                                                                    
     organization  whose mental  health  services are  under                                                                    
     the   direction   of   a   licensed   psychologist   or                                                                    
     psychiatrist;                                                                                                              
                                                                                                                                
MS. MISCHEL answered  that this term is not used  in the specific                                                               
chapter. It is  the same issue for the  two definitions preceding                                                               
it, she  said. The  term "animal" in  AS 11.61.145(c)  is already                                                               
defined in  AS 11.61.900. She  said the agency strives  to remove                                                               
redundancies.                                                                                                                   
                                                                                                                                
CHAIR HUGHES read:                                                                                                              
                                                                                                                                
AS 11.61.145(c).                                                                                                            
          In this section, "animal" means a vertebrate                                                                          
     living creature not a human  being but does not include                                                                    
     fish.                                                                                                                      
                                                                                                                                
She asked whether that was the definition of animal.                                                                            
                                                                                                                                
MS. MISCHEL answered yes.                                                                                                     
                                                                                                                                
2:28:05 PM                                                                                                                    
SENATOR REINBOLD said  that when the bill was  introduced it also                                                               
had  a referral  to  the State  Affairs  Standing Committee.  She                                                               
asked whether that referral was removed.                                                                                        
                                                                                                                                
MS. MISCHEL answered that the Senate State Affairs Committee                                                                    
waived the referral.                                                                                                            
                                                                                                                                
SENATOR REINBOLD said she did not recall that action. She asked                                                                 
whether any fiscal note was attached to the bill.                                                                               
                                                                                                                                
MS. MISCHEL said that she requested the fiscal note belatedly.                                                                  
However, it will be a zero-fiscal note, she said.                                                                               
                                                                                                                                
2:28:40 PM                                                                                                                    
CHAIR HUGHES opened public testimony and after determining no                                                                   
one wished to testify, closed public testimony on SB 71.                                                                        
                                                                                                                                
[SB 71 was held in committee.]                                                                                                  
                                                                                                                                
2:28:52 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
2:29:24 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Hughes adjourned the Senate Judiciary Standing Committee                                                                  
meeting at 2:29 p.m.                                                                                                            

Document Name Date/Time Subjects
SB 71 - Version S.PDF SJUD 4/29/2019 1:30:00 PM
SJUD 5/1/2019 1:30:00 PM
SB 71
SB 71 - Sectional 19-108mjt.pdf SJUD 4/29/2019 1:30:00 PM
SJUD 5/1/2019 1:30:00 PM
SB 71
SB 71 - Revisor's Bill Explanation.pdf SJUD 4/29/2019 1:30:00 PM
SJUD 5/1/2019 1:30:00 PM
SB 71
SB 71 - Department of Law Approval.pdf SJUD 4/29/2019 1:30:00 PM
SJUD 5/1/2019 1:30:00 PM
SB 71