Legislature(2007 - 2008)
2007-04-27 House Journal
Full Journal pdf2007-04-27 House Journal Page 0960 HB 175 The following was read the second time: HOUSE BILL NO. 175 "An Act relating to the prohibition of the exercise of the power of eminent domain against a recreational structure for the purposes of developing a recreational facility or project." 2007-04-27 House Journal Page 0961 with the: Journal Page JUD RPT CS(JUD) 4DP 3NR 578 FN1: ZERO(DOT) 579 FIN RPT CS(JUD) 4DP 5NR 746 FN1: ZERO(DOT) 747 Representative Samuels moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 175(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Gara and Johnson: Page 1, line 3, following "project" (title amendment): Insert "; and relating to access to fishing waterways" Page 2, following line 16: Insert a new bill section to read: "* Sec. 4. AS 38.50 is amended by adding a new section to read: Sec. 38.50.015. Access along fishing waterways. (a) The commissioner and the commissioner of fish and game jointly shall prepare and maintain a list that identifies land to or along fishing waterways where public access is or may in the future be impeded by private land ownership. The list must include at least two and not more than five meander miles along fishing waterways, and may identify land to be used for public access for fishing, hunting, or other recreational purposes. The list shall be prepared before December 1 of each year, except that the commissioner and the commissioner of fish and game are not required to prepare a new list if the existing list contains at least two meander miles of private land along fishing waterways. (b) Before February 1 of each odd-numbered year, the commissioner, with the concurrence of the commissioner of fish and game, shall submit to the legislature a plan to acquire by easement, fee, or other interest, public access to or along fishing waterways through trade with or purchase from a willing 2007-04-27 House Journal Page 0962 landowner or landowners. (c) An agreement for an easement that provides public access to a fishing waterway under this section may allow the owner of the land granting the easement to develop the land subject to the rights granted by the easement. (d) The commissioner may close or restrict public access acquired under this section if necessary to protect habitat along a fishing waterway. (e) The commissioner and the commissioner of fish and game shall consider land providing public access along Montana Creek upstream of the Parks Highway, and along Anchor River and Deep Creek on the Kenai Peninsula for inclusion in the plan under (b) of this section. (f) The commissioner may not obtain a property interest in land under this section unless the commissioner has made not less than an equivalent acreage of state land available for disposal for private use under AS 38.05.050 in the same calendar year. (g) In this section, (1) "fishing waterway" means a waterway that contains wild sport fish or fish of a species, physical size, and abundance that may support a sport, commercial, personal use, or subsistence fishery; (2) "meander mile" means a distance of one mile measured following the course of a waterway." Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Salmon objected. **The presence of Representative Crawford was noted. Representatives Olson and Stoltze moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objection was heard, and the members were required to vote. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 2007-04-27 House Journal Page 0963 CSHB 175(JUD) Second Reading Amendment No. 1 YEAS: 31 NAYS: 4 EXCUSED: 5 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johnson, Joule, Kawasaki, Kelly, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Seaton, Thomas Nays: Johansen, Salmon, Samuels, Stoltze Excused: Gatto, Kerttula, Kohring, Roses, Wilson And so, Amendment No. 1 was adopted and the new title follows: CS FOR HOUSE BILL NO. 175(JUD) am "An Act relating to the prohibition of the exercise of the power of eminent domain against a recreational structure for the purposes of developing a recreational facility or project; and relating to access to fishing waterways." Representative Samuels moved and asked unanimous consent that CSHB 175(JUD) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 175(JUD) am was read the third time. The question being: "Shall CSHB 175(JUD) am pass the House?" The roll was taken with the following result: CSHB 175(JUD) am Third Reading Final Passage YEAS: 34 NAYS: 1 EXCUSED: 5 ABSENT: 0 2007-04-27 House Journal Page 0964 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Samuels, Seaton, Stoltze, Thomas Nays: Salmon Excused: Gatto, Kerttula, Kohring, Roses, Wilson And so, CSHB 175(JUD) am passed the House and was referred to the Chief Clerk for engrossment.