REP. PORTER then called for HB 415. HB 415 - 1994 REVISOR'S BILL Number 088 DAVE DIERDORFF, Legislative Affairs Agency, Legal Counsel, testified that HB 415 mainly fixes problems in earlier legislation transferring the Alaska Energy Authority to the Department of Community and Regional Affairs. He said they discovered the problems before the Governor signed the legislation and came up with the amendments in HB 415, Sections 6 through 15, made it available to the executive branch and they have been acting since the Governor signed the bill as though this were the law. Mr. Dierdorff explained the intent was to transfer these functions without change in the terms of the dynamic relationship, and these amendments simply complete the job that wasn't completed last year when the law passed, which is why these sections are made retroactive to the effective date of that particular law. MR. DIERDORFF discussed Section 1, which just restates the law so it is clearer to those who read it, and what it really means, which is a portion of the permanent fund is exempt and a portion isn't. He discussed Section 2, which codifies an Alaska Court of Appeals decision, taking a definition from one part of the law and applying it to another, and they agree that decision was correct. Mr. Dierdorff continued with Section 3, which is a conforming amendment to make sure that the language of the King Salmon tags is the same throughout the statutes, which was an oversight last year in the Omnibus (inaudible) bill. MR. DIERDORFF discussed Sections 4 and 5, which change boilerplates to match other boilerplates. He said Section 16 takes care of an oversight in last year's Executive Order 84. He said it doesn't even belong in the revisors bill, but was a favor to the Department of Law. He said it relates to the sunset date for the Human Relations Commission of 1993, and under the law that means it's not here anymore, so you really need to address the sunset or lack thereof, and the committee could take this provision out and the Human Relations Commission won't have a sunset date, or it can be taken out and the committee can ask the Health, Education and Social Services Committee to consider a bill addressing it, or can change the name and let it be. Mr. Dierdorff said his preference is to take it out of there because it doesn't belong in HB 415. Number 238 MR. DIERDORFF continued discussing Section 17, which gets rid of reference to a division that doesn't exist in that form anymore. He said the repealers are pretty straight forward. Mr. Dierdorff referenced an amendment in front of the committee which takes care of a mistake made several years ago to include elk as a domestic mammal lawfully owned. They were conforming this definition to the Elk Game Farming statutes, and Fish and Game asked them to go back to the law as it was so they can enforce the game laws with respect to all elk except those that are in licensed elk forms, and this would close the loophole regarding certain things relating to regulation and control of elk. Mr. Dierdorff said the effective date would go back to the original legislation. Finally, they have added one item to the repealers and that is simply a redundancy in the law that needs to be taken care of. Number 300 REP. PHILLIPS moved Amendment No. 1, and hearing no objection it was so moved. AMENDMENT NO. 1 WAS ADOPTED. Number 311 REP. PORTER asked for additional explanation about Section 16. Number 339 MR. DIERDORFF said in the executive order the Governor used to consolidate the commissions into the Human Relations Commission, including the Women's Commission, they realized after the fact that an error had been made, but what he has been saying is that because that sunset date has passed now, there is a bigger question. He continued, saying in January of 1993 it would have made a lot more sense to do it, because then you still had some time to look at it to decide to extend it or not, but in 1994 it's a little harder to rationalize it being here. Number 342 REP. PHILLIPS moved to delete Section 16 from HB 415 and turn it over to the HESS Committee. AMENDMENT NO. 2 WAS SO MOVED. REP. DAVIDSON made the motion to move HB 415 out of committee as amended with individual recommendations. Hearing no objection, it was so moved. CSHB 415 (JUD) WAS MOVED FROM COMMITTEE WITH INDIVIDUAL RECOMMENDATIONS. ADJOURNMENT CHAIRMAN PORTER adjourned the meeting at 3:31 p.m.