Legislature(2007 - 2008)

2008-04-10 Senate Journal

Full Journal pdf

2008-04-10                     Senate Journal                      Page 2781
HB 25                                                                                                                         
HOUSE BILL NO. 25 "An Act relating to landowners' immunity for                                                                  
allowing use of land without charge for a recreational activity; relating                                                       
to landowners' liability where landowner conduct involves gross                                                                 
negligence or reckless or intentional misconduct; relating to claims of                                                         
adverse possession and prescriptive easements, or similar claims; and                                                           
providing for an effective date" was read the second time.                                                                      
                                                                                                                                
Senator French, Chair, moved and asked unanimous consent for the                                                                
adoption of the Judiciary Senate Committee Substitute offered on page                                                           
2715. Without objection, SENATE CS FOR HOUSE BILL NO.                                                                           
25(JUD) "An Act relating to landowners' immunity for allowing use of                                                            
land without charge for a recreational activity; relating to landowners'                                                        
liability where landowner conduct involves gross negligence or                                                                  
reckless or intentional misconduct; relating to claims of adverse                                                               
possession and prescriptive easements, or similar claims; relating to                                                           
public recreational use easements to allow use of land for recreational                                                         
activity and prohibiting fees for recording those easements; and                                                                
providing for an effective date" (Title Change SCR 27) was adopted.                                                             

2008-04-10                     Senate Journal                      Page 2782
Senator Stevens offered Amendment No. 1 :                                                                                        
                                                                                                                                
Page 3, line 23:                                                                                                                
 Delete "in a form suitable to transfer an interest in land and in a                                                            
form meeting the formal requisites for recording in AS 40.17.030"                                                               
 Insert "on a form provided by the Department of Natural                                                                        
Resources"                                                                                                                      
                                                                                                                                
Senator Stevens moved for the adoption of Amendment No. 1.                                                                      
Without objection, Amendment No. 1 was adopted.                                                                                 
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the Judiciary                                                              
Committee Letter of Intent offered on page 2715 be adopted as a                                                                 
Senate Letter of Intent. Without objection, the Senate Letter of Intent                                                         
was adopted.                                                                                                                    
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the bill be                                                                
considered engrossed, advanced to third reading and placed on final                                                             
passage. Without objection, it was so ordered.                                                                                  
                                                                                                                                
SENATE CS FOR HOUSE BILL NO. 25(JUD) am S was read the                                                                          
third time.                                                                                                                     
                                                                                                                                
The question being: "Shall SENATE CS FOR HOUSE BILL NO.                                                                         
25(JUD) am S "An Act relating to landowners' immunity for allowing                                                              
use of land without charge for a recreational activity; relating to                                                             
landowners' liability where landowner conduct involves gross                                                                    
negligence or reckless or intentional misconduct; relating to claims of                                                         
adverse possession and prescriptive easements, or similar claims;                                                               
relating to public recreational use easements to allow use of land for                                                          
recreational activity and prohibiting fees for recording those                                                                  
easements; and providing for an effective date" pass the Senate?" The                                                           
roll was taken with the following result:                                                                                       
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2008-04-10                     Senate Journal                      Page 2783
SCS HB 25(JUD) am S                                                                                                             
Third Reading - Final Passage                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman,                                                             
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault,                                                                 
Thomas, Wielechowski, Wilken                                                                                                    
                                                                                                                                
Nays:  Bunde, Wagoner                                                                                                           
                                                                                                                                
and so, SENATE CS FOR HOUSE BILL NO. 25(JUD) am S passed                                                                        
the Senate.                                                                                                                     
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the vote on the                                                            
passage of the bill be considered the vote on the effective date clause.                                                        
Without objection, it was so ordered and the bill was referred to the                                                           
Secretary for engrossment with a Senate Letter of Intent.                                                                       
                                                                                                                                
Senators Stevens, McGuire, Dyson moved and asked unanimous                                                                      
consent to be shown as cross sponsors on the bill. Without objection, it                                                        
was so ordered.