SB 35-2015 REVISOR'S BILL  1:36:48 PM CHAIR MCGUIRE announced the consideration of SB 35. "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." 1:37:00 PM LISA KIRSCH, Assistant Revisor of Statutes, Legislative Legal and Research Services, Legislative Affairs Agency, explained that the Revisor's Bill is a clean-up bill to correct and remove deficiencies, conflicts and obsolete provisions. It does not make substantive changes. A statutory section in Title 1 allows changes that often are typographical errors, drafting errors, or citation changes. MS. KIRSCH stated that SB 35 corrects some citations to federal law and corrects the format of some court rule citations. In some places singular has become plural or plural has become singular to fit the context of the sentence. There are a few instances that the words "but not limited to" was removed from the phrase "including but not limited to" because it is included by implication. Finally, the word "the" was missing in a couple of places and the word "with" was mistakenly left out. Finally, there were a few changes in punctuation and word usage. CHAIR MCGUIRE noted that the bill packets contain a detailed sectional analysis. She asked if the bill makes any type of substantive change. MS. KIRSCH replied Legislative Legal tries very hard to avoid that, but there can be differences of opinion in the interpretation of a statute. SENATOR MICCICHE asked if there is a process if a bill that passed during a previous legislature is found to be in conflict with an existing statute. MS. KIRSCH explained that manifest errors can be corrected in the Revisor's Bill, but if it requires legislation to correct the conflict there isn't much the revisor can do to correct that. 1:42:38 PM SENATOR COGHILL asked why the sections listed in Section 61 are being deleted. MS. KIRSCH explained that all three are definitions that are no longer used. AS 19.75.980(4) is the definition of "state bond committee" for the Knik Arm Bridge and Toll Authority (KABATA) project. The provisions relating to bonding were deleted when KABATA lost its bonding authority, but the definition in paragraph (4) was overlooked. Second, the definition of "motor vehicle salesperson" in AS 45.25.990(14) was overlooked when the term was edited out of a bill that passed in 2002. Third, AS 46.03.900(31) is a definition for "subdivision" that is no longer used in that part of the statutes. SENATOR COGHILL requested an explanation of the effective date clauses. MS. KIRSCH advised that a July 1, 2015 effective date for section 35 is created to allow all changes to the statute section to take effect on the same date. 1:46:41 PM CHAIR MCGUIRE asked if any member of the legislature has asked to include recommendations in the Revisor's Bill. MS. KIRSCH replied she couldn't say for certain, because she receives suggestions from a variety of sources and some initially may have come from a legislator. CHAIR MCGUIRE clarified that she wants it to be part of the public record if a legislator making a request or suggestion about a substantive matter. MS. KIRSCH advised that she probably could not reveal it if she was aware that it was an attorney-client communication with a legislator as a client. In this instance, she was unaware that any of the changes are a result of written communication from a legislator. CHAIR MCGUIRE said she asks because despite best efforts and good intentions, a Revisor's Bill may sometimes include something that is more policy directed by an elected official. That is something the public would want to know about. SENATOR WIELECHOWSKI referenced pages 3, 19, and 33 and questioned whether deleting "but not limited to" from the phrase "including but not limited to" might actually limit the reference to the specific things listed. 1:50:39 PM MS. KIRSCH explained that it is in accordance with the statutory provision in AS 01.10.040(b), which applies throughout Alaska statutes. (b) When the words "includes" or "including" are used in a law, they shall be construed as though followed by the phrase "but not limited to." She said that deleting the terms does not change the meaning, but it is up to the body if that raises concerns. CHAIR MCGUIRE summarized that it could be included but doing so would be redundant. MS. KIRSCH agreed. SENATOR WIELECHOWSKI requested an explanation of the lengthy addition in subparagraph (N) on page 7. MS. KIRSCH replied that is responsive to the previous Section 10 on page 4 that lists the things required to appear in the Articles of Incorporation, whereas the provisions set out in Section 11 are permissive. The provision in subparagraph (N) is removed from the mandatory provisions and added to the optional provisions in [Sec. 10.06.208]. 1:54:18 PM CHAIR MCGUIRE announced she would hold SB 35 in committee for further consideration.