Legislature(2007 - 2008)
2008-04-12 House Journal
Full Journal pdf2008-04-12 House Journal Page 2939 SB 306 The following was read the second time: SENATE BILL NO. 306 "An Act relating to the adoption of conservation, development, and utilization regulations by the Board of Game to address concerns relating to public assets." with the: Journal Page RLS RPT 2DP 5NR 2928 FN1: ZERO(LAW) 2928 FN2: ZERO(DFG) 2928 Amendment No. 1 was offered by Representative Gara: Page 1, line 2, following "assets" (title amendment): Insert "; and relating to access along fishing waterways" Page 1, following line 7: Insert a new bill section to read: "* Sec. 2. 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 2008-04-12 House Journal Page 2940 easement, fee, or other interest, public access to or along fishing waterways through trade with or purchase from a willing 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 Ramras objected. Representative Stoltze declared a conflict of interest. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 2008-04-12 House Journal Page 2941 SB 306 Second Reading Amendment No. 1 YEAS: 18 NAYS: 21 EXCUSED: 1 ABSENT: 0 Yeas: Buch, Cissna, Crawford, Doll, Doogan, Edgmon, Gara, Gardner, Gatto, Gruenberg, Holmes, Joule, Kawasaki, Kerttula, LeDoux, Lynn, Nelson, Thomas Nays: Chenault, Coghill, Dahlstrom, Fairclough, Guttenberg, Harris, Hawker, Johansen, Johnson, Keller, Kelly, Meyer, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Wilson Excused: Foster And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Gruenberg: Page 1, following line 3: Insert a new bill section to read: "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: LEGISLATIVE INTENT. It is the intent of the legislature by defining game as an asset to attempt to control the right of the people to pass a ballot initiative concerning game management under the principles discussed in Pullen v. Ulmer, 923 P.2d 54 (Alaska 1996)." Page 1, line 4: Delete "Section 1" Insert "Sec. 2" Representative Gruenberg moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Keller objected. **The presence of Representative Foster was noted. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: 2008-04-12 House Journal Page 2942 SB 306 Second Reading Amendment No. 2 YEAS: 7 NAYS: 28 EXCUSED: 0 ABSENT: 5 Yeas: Cissna, Crawford, Doll, Doogan, Gardner, Gruenberg, Kerttula Nays: Buch, Coghill, Dahlstrom, Fairclough, Foster, Gara, Gatto, Guttenberg, Harris, Hawker, Holmes, Johnson, Joule, Kawasaki, Keller, Kelly, LeDoux, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Thomas, Wilson Absent: Chenault, Edgmon, Johansen, Nelson, Stoltze And so, Amendment No. 2 was not adopted. Representative Samuels moved and asked unanimous consent that SB 306 be considered engrossed, advanced to third reading, and placed on final passage. There was objection. SB 306 will advance to third reading on tomorrow's calendar.