Legislature(2009 - 2010)BUTROVICH 205

04/15/2009 05:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time & Location Change --
Moved SB 68 Out of Committee
Moved CSHB 152(JUD) Out of Committee
Moved CSHB 49(JUD) AM Out of Committee
Moved HB 170 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                   HB 152-2009 REVISOR'S BILL                                                                               
6:15:21 PM                                                                                                                    
CHAIR FRENCH announced the consideration  of CS for HB 152. [CSHB
KATHRYN KURTZ,  Assistant Revisor of Statutes,  Legislative Legal                                                               
and Research Services Division,  Legislative Affairs Agency, said                                                               
the revisors are  statutorily required every two  years to review                                                               
Alaska statutes and prepare  legislation to correct deficiencies,                                                               
remove obsolete provisions, and fix  errors in the statutes. This                                                               
bill does that;  it improves the statutes. The  Department of Law                                                               
(DOL)  has  reviewed  the  changes  and  discussed  the  relevant                                                               
provisions with  the different departments.  A letter  of support                                                               
from DOL should be included in the bill packet, she said.                                                                       
CHAIR FRENCH acknowledged that the letter is in the packet.                                                                     
MS. KURTZ  said there is  an explanation  of each change  in each                                                               
sectional summary.                                                                                                              
CHAIR FRENCH  said he usually  reviews a revisor bill  by stress-                                                               
testing it  in a place  or two. He  targeted bill section  82 and                                                               
asked why this part of law requires so much revising.                                                                           
MS.  KURTZ  replied  that  section  is  full  of  repealers.  The                                                               
sectional  summary has  the text  of each  section that  is being                                                               
repealed as well as the explanations.                                                                                           
6:17:04 PM                                                                                                                    
AS   08.362.46(a)(4)(B)  is   a   reference   to  the   specialty                                                               
examinations given  by the Central Regional  Examining Board, but                                                               
that board  doesn't offer specialty  examinations so it  makes no                                                               
sense. The solution is to take it out.                                                                                          
AS 31.05.080(b)  was impliedly  repealed by  the enactment  of AS                                                               
CHAIR FRENCH said this appears to  have come to your attention in                                                               
the course of some litigation.                                                                                                  
MS. KURTZ  replied it did indeed.  It is referred to  in Allen v.                                                               
Alaska Oil  and Gas Conservation  Commission. This  makes express                                                               
that repeal  so it's  not in  the statutes  where it  could cause                                                               
6:18:04 PM                                                                                                                    
CHAIR  FRENCH observed  that this  collection of  repealers isn't                                                               
related  to any  particular part  of  the statutes.  There is  no                                                               
thematic link.                                                                                                                  
MS.  KURTZ   replied  that's  correct   and  there's   a  special                                                               
constitutional  provision  for  that.  The  single  subject  rule                                                               
applies to everything but appropriation  bills and bills revising                                                               
the statutes. That provision enables  the revisors to solve a lot                                                               
of small technical issues at once.                                                                                              
CHAIR FRENCH expressed satisfaction  and asked Senator McGuire if                                                               
she had any test questions on the revisor's bill.                                                                               
SENATOR  MCGUIRE said  no, but  the changes  can be  comical. For                                                               
example, bill  section 9 corrects  an apparent error  by changing                                                               
"adopted  parent" to  "adoptive parent"  because Alaska  law does                                                               
not provide for the adoption of parents by children.                                                                            
CHAIR FRENCH noted  that bill section 39  replaces "newsboys" and                                                               
"salesman" to avoid  the use of gender specific  terms. That same                                                               
bill section  deletes a grammatically  incorrect use of  the word                                                               
"some," which appeals  to the grammarian in  him. Similarly, bill                                                               
section  41 substitutes  "that" for  "which" and  semi-colons for                                                               
commas to conform  to the current drafting  style. Senator French                                                               
said he will  bring that to the attention of  a staffer with whom                                                               
he has a long-standing running debate.                                                                                          
6:20:21 PM                                                                                                                    
SENATOR  MCGUIRE  referenced bill  section  1  and asked  what  a                                                               
generic  reference  to the  division  of  agriculture would  look                                                               
MS. KURTZ  explained that the  generic reference would be  to the                                                               
division  that  has  responsibility  for  agriculture.  Within  a                                                               
department names  can be changed administratively  and things can                                                               
be  rearranged such  that a  specific reference  would be  out of                                                               
style   and  wouldn't   make  sense   in   the  statute.   "We're                                                               
anticipating that in some places,  and in some places things have                                                               
already been rearranged and we're playing catch up," she said.                                                                  
CHAIR FRENCH  found no  further questions,  no amendments  and no                                                               
public testimony.  He thanked Ms.  Kurtz for doing  this exacting                                                               
difficult  work and  added, "We  could not  do it  without people                                                               
with rigorous minds." He asked for a motion.                                                                                    
SENATOR  MCGUIRE moved  to report  CS for  HB 152  from committee                                                               
with  individual  recommendations  and attached  fiscal  note(s).                                                               
There being  no objection,  CSHB 152(JUD)  was reported  from the                                                               
Senate Judiciary Standing Committee.                                                                                            

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