Legislature(2017 - 2018)GRUENBERG 120

02/14/2017 01:30 PM MILITARY & VETERANS' AFFAIRS

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Audio Topic
01:40:53 PM Start
01:41:47 PM HB4
01:48:11 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+= HB 4 MILITARY FACILITY ZONES TELECONFERENCED
Moved CSHB 4(MLV) Out of Committee
                  HB 4-MILITARY FACILITY ZONES                                                                              
                                                                                                                                
1:41:47 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK  announced that  the only order  of business  would be                                                               
HOUSE BILL NO. 4, "An Act relating to military facility zones."                                                                 
                                                                                                                                
1:42:25 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK moved  to adopt  Amendment  1 labeled  30-LS0094\A.2,                                                               
Shutts, 2/9/17, which read as follows:                                                                                          
                                                                                                                                
     Page 1, line 1, following "zones":                                                                                       
         Insert "; and providing for an effective date"                                                                       
                                                                                                                                
     Page 2, following line 25:                                                                                                 
     Insert a new bill section to read:                                                                                         
       "* Sec. 2. This Act takes effect immediately under                                                                     
     AS 01.10.070(c)."                                                                                                          
                                                                                                                                
CHAIR TUCK  stated it changes  the effective date clause  to take                                                               
effect immediately.                                                                                                             
                                                                                                                                
1:43:00 PM                                                                                                                    
                                                                                                                                
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
1:43:10 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK   introduced  Amendment  2,   labeled  30-LS0094\A.3,                                                               
Shutts, 2/9/17, which read as follows:                                                                                          
                                                                                                                                
     Page 2, following line 25:                                                                                                 
     Insert a new bill section to read:                                                                                         
       "* Sec. 2. AS 26.30.020 is amended by adding a new                                                                   
     subsection to read:                                                                                                        
          (d)  In considering the factors under (c) of this                                                                     
     section,  the  Department  of  Military  and  Veterans'                                                                    
     Affairs  may  rely on  the  information  provided by  a                                                                    
     municipality  and  may not  be  held  liable for  civil                                                                    
     damages  resulting   from  a  military   facility  zone                                                                    
     designation that  is based on inaccurate  or incomplete                                                                    
     information provided by a municipality."                                                                                   
                                                                                                                                
CHAIR TUCK stated  that the amendment removes  liability with the                                                               
process of designating a military facility zone.                                                                                
                                                                                                                                
1:43:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER objected for the purpose of discussion.                                                                  
                                                                                                                                
CHAIR TUCK  stated that Amendment  2 ensures that  the Department                                                               
of Military  & Veterans' Affairs  (DMVA) may rely  on information                                                               
provided by  a municipality and will  not be held liable  for any                                                               
civil damages for a military zone being established.                                                                            
                                                                                                                                
REPRESENTATIVE SADDLER requested to  hear feedback from the prime                                                               
sponsor regarding Amendment 2.                                                                                                  
                                                                                                                                
1:44:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STEVE  THOMPSON,  Alaska  State  Legislature,  as                                                               
prime sponsor  of HB 4, stated  that the concept for  Amendment 2                                                               
was brought  to him  by military  [Army Judge  Advocate General's                                                               
Corps] (JAG) officers who wanted  to make sure DMVA wouldn't have                                                               
future  liability from  misinformation from  a municipality.   He                                                               
noted that  Amendment 2 complies  with the Senate version  of the                                                               
bill.  He  mentioned that there are other places  in statute that                                                               
clear [DMVA] from liability.  He  affirmed that he is in favor of                                                               
Amendment 2 and he brought to Chair Tuck himself.                                                                               
                                                                                                                                
1:45:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  if  the  municipalities are  okay                                                               
with Amendment 2.                                                                                                               
                                                                                                                                
1:45:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE THOMPSON answered yes.   He stated that the change                                                               
was brought by the Fairbanks  North Star Borough to eliminate any                                                               
time  lag for  potential  military facility  zone  projects.   He                                                               
reiterated  that this  is  a good  idea and  has  the backing  of                                                               
municipalities and boroughs.                                                                                                    
                                                                                                                                
1:45:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER removed  his objection.   There  being no                                                               
further objection, Amendment 2 was adopted.                                                                                     
                                                                                                                                
1:46:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  THOMPSON thanked  the committee  for hearing  the                                                               
bill.                                                                                                                           
                                                                                                                                
REPRESENTATIVE SADDLER stated that he  was pleased to support the                                                               
bill, and its  passage would be good for the  state's economy and                                                               
military mission.                                                                                                               
                                                                                                                                
1:46:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    RAUSCHER    stated   his    appreciation    for                                                               
Representative Thompson's work on the bill.                                                                                     
                                                                                                                                
1:47:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PARISH moved  to report HB 4 out  of committee, as                                                               
amended,  with individual  recommendations  and the  accompanying                                                               
fiscal notes.   There being  no objection, CSHB 4(MLV)  was moved                                                               
from House Military and Veterans' Affairs Special Committee.                                                                    

Document Name Date/Time Subjects
HB004 Proposed Amendment A.2.pdf HMLV 2/14/2017 1:30:00 PM
HB 4
HB004 Proposed Amendment A.3.pdf HMLV 2/14/2017 1:30:00 PM
HB 4