Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/20/2018 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB355 | |
| HB123 | |
| HB259 | |
| HB336 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 355 | TELECONFERENCED | |
| += | HB 208 | TELECONFERENCED | |
| += | HB 123 | TELECONFERENCED | |
| + | HB 259 | TELECONFERENCED | |
| + | HB 336 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 355-FIRE;FOREST LAND; CRIMES;FIRE PREVENTION
1:38:29 PM
CHAIR COGHILL announced the consideration of HB 355 and
recognized Senator Shower.
1:39:00 PM
SENATOR SHOWER moved to rescind the action [on 4/18/2018] to
adopt Amendment 3, 30-LS1382.O.18.
CHAIR COGHILL found no objection and Amendment 3 was withdrawn.
1:40:07 PM
SENATOR SHOWER moved Amendment 6, 30-LS1382\O.28.
30-LS1382\O.28
Radford
4/20/18
AMENDMENT 6
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSHB 355(JUD)
Page 3, line 9, following "regulation":
Insert "under (a) of this section"
CHAIR COGHILL objected for an explanation.
SENATOR SHOWER explained that withdrawing Amendment 3 and
adopting Amendment 6 is an agreement he came to with the bill
sponsor, the Division of Forestry, and the Department of Law.
His initial concern was that the definition of "other land use"
was too broad. The amendment maintains the intent for
consistency between Sections 5, 6, and 7 while also meeting his
intention to tighten the language regarding other land uses. It
essentially establishes that whatever the commissioner puts in
regulation is what the inspector must adhere to.
1:42:04 PM
At ease
1:42:57 PM
CHAIR COGHILL reconvened the meeting.
1:43:06 PM
ALLIANA SALANGUIT, Staff, Representative David Guttenberg,
Alaska State Legislature, Juneau, Alaska, said the sponsor
supports the language in Amendment 6 for HB 355.
CHAIR COGHILL asked Ms. Nelson to discuss the effect of the
amendment.
1:43:37 PM
ANN NELSON, Assistant Attorney General, Department of Law,
Juneau, Alaska, explained that the language clarifies that the
permit enforcement authority is limited to activities for which
a permit is required.
1:44:11 PM
SENATOR KELLY joined the committee.
CHAIR COGHILL asked Mr. Maisch to discuss the practical effect
of the amendment.
CHRIS MAISCH, State Forester and Director, Division of Forestry,
Department of Natural Resources (DNR), Fairbanks, Alaska, said
the language would tighten the statute and tie it to the
regulation process. Responding to a question, he confirmed that
it would be a more public process tied to the enforcement piece.
1:45:08 PM
CHAIR COGHILL found no objection and Amendment 6 was adopted.
SENATOR SHOWER asked to hear either the Division of Forestry or
the Department of Law state that civil immunity would apply if a
citizen was directed by a state official to take certain action.
That was part of the agreement to withdrew Amendment 3.
MS. NELSON confirmed that the civil immunity statute under AS
41.15.045 would apply to a homeowner or other member of the
public who is directed to take certain action at the direction
of a federal or state fire official.
MR. MAISCH added that he also committed to provide training and
educational material to the public so they understand that is an
option. The division will also be doing a lot of education about
the bail schedule should the bill pass.
CHAIR COGHILL noted who was available to answer questions.
1:47:57 PM
SENATOR COSTELLO moved to report the CS for HB 355, version O as
amended, from committee with individual recommendations and
attached fiscal note(s).
1:48:09 PM
At ease
1:48:23 PM
CHAIR COGHILL reconvened the meeting and advised that the motion
referenced the wrong version. He asked Senator Costello to
restate the motion.
CHAIR COSTELLO moved to report the Senate CS for CSHB 355,
version U as amended, from committee with individual
recommendations and attached fiscal note(s).
CHAIR COGHILL found no objected and SCS CSHB 355(JUD moved from
the Senate Judiciary Standing Committee) with the understanding
that conforming technical changes may be necessary.