Legislature(2005 - 2006)CAPITOL 120

03/04/2005 01:00 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 175 CIVIL LEGAL SERVICES FUND TELECONFERENCED
Moved CSHB 175(JUD) Out of Committee
+ HB 95 PUBLIC HEALTH DISASTERS/EMERGENCIES TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
= HB 107 ATTY FEES: HUNTING/FISHING INTERFERENCE
Moved CSHB 107(JUD) Out of Committee
HB 107 - ATTY FEES: HUNTING/FISHING INTERFERENCE                                                                              
                                                                                                                                
1:06:31 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  announced that the  first order of  business would                                                               
be HOUSE  BILL NO. 107, "An  Act providing for the  award of full                                                               
actual attorney fees and costs  to a person aggrieved by unlawful                                                               
obstruction or hindrance of hunting,  fishing, or viewing of fish                                                               
or  game;  amending  Rules  79  and 82,  Alaska  Rules  of  Civil                                                               
Procedure;  and  amending Rule  508,  Alaska  Rules of  Appellate                                                               
Procedure."    [Before  the  committee   was  CSHB  107(RES);  in                                                               
members' packets was a proposed  committee substitute (CS) for HB                                                               
107, Version 24-LS0444\L, Utermohle, 3/3/05.]                                                                                   
                                                                                                                                
JIM  POUND,  Staff to  Representative  Jay  Ramras, Alaska  State                                                               
Legislature, sponsor,  said, on behalf of  Representative Ramras,                                                               
that they believe they have  worked out an agreement with members                                                               
regarding concerns  raised at  the bill's last  hearing.   On the                                                               
question of  whether current statute already  addresses the issue                                                               
of  law  enforcement  activities,  he said,  since  the  proposed                                                               
change  was essentially  designed to  provide for  an affirmative                                                               
defense,  a  proposed  committee   substitute  (CS)  in  members'                                                               
packets  has  moved the  proposed  change  into AS  16.05.790(d),                                                               
which already addresses affirmative  defenses for law enforcement                                                               
personnel.   With regard to the  concern that the bill  will make                                                               
it profitable  for someone  to bring a  lawsuit, the  proposed CS                                                               
allows the prevailing  party to be awarded all costs  but only 90                                                               
percent of  reasonable, actual attorney fees;  this latter change                                                               
has allowed  the sponsor  to delete  the proposed  indirect court                                                               
rule change to Rule 79 of the Alaska Rules of Civil Procedure.                                                                  
                                                                                                                                
1:07:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM  moved to  adopt the  proposed committee                                                               
substitute  (CS)  for  HB 107,  Version  24-LS0444\L,  Utermohle,                                                               
3/3/05, as the  work draft.  There being no  objection, Version L                                                               
was before the committee.                                                                                                       
                                                                                                                                
REPRESENTATIVE GARA  commented that  he appreciated the  work the                                                               
sponsor did to address members' concerns.                                                                                       
                                                                                                                                
REPRESENTATIVE  COGHILL   said  that  he  still   had  a  concern                                                               
regarding quantifying  behavior that would result  in "physically                                                               
interfering  or  tampering  with"   viewing,  and  that  he  will                                                               
continue to work with the sponsor on that issue.                                                                                
                                                                                                                                
1:09:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved  to report the proposed  CS for HB                                                               
107,  Version 24-LS0444\L,  Utermohle, 3/3/05,  out of  committee                                                               
with individual recommendations and  the accompanying zero fiscal                                                               
notes.   There  being no  objection, CSHB  107(JUD) was  reported                                                               
from the House Judiciary Standing Committee.                                                                                    
                                                                                                                                

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