Legislature(2017 - 2018)BELTZ 105 (TSBldg)

04/20/2018 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 355 FIRE;FOREST LAND; CRIMES;FIRE PREVENTION TELECONFERENCED
Moved SCS CSHB 355(JUD) Out of Committee
+= HB 208 TRUSTS; COMM PROP TRUSTS; POWERS OF APPT TELECONFERENCED
Scheduled but Not Heard
+= HB 123 DISCLOSURE OF HEALTH CARE COSTS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HB 259 CONFINING VEHICLE LOADS TELECONFERENCED
Heard & Held
+ HB 336 SUPPORTIVE DECISION-MAKING AGREEMENTS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled 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CHAIR COGHILL found no objection and Amendment 3 was withdrawn.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.                                                                             

Document Name Date/Time Subjects
HB 259 - Evolution of Changes.pdf SJUD 4/20/2018 1:30:00 PM
HB 259
HB 259 - Sectional Analysis ver. S.pdf SJUD 4/20/2018 1:30:00 PM
HB 259
HB 259 - Sponsor Statement ver. S.pdf SJUD 4/20/2018 1:30:00 PM
HB 259
HB 259 - Supporting Document - Alaska Governor's Proclamation.pdf SJUD 4/20/2018 1:30:00 PM
HB 259
HB 259 - Supporting Document - Anchorage Mayoral Proclamation.pdf SJUD 4/20/2018 1:30:00 PM
HB 259
HB 259 - Supporting Document - Anchorage Municipal Assembly Resolution.pdf SJUD 4/20/2018 1:30:00 PM
HB 259
HB 259 - Supporting Letter - Robin Abel.pdf SJUD 4/20/2018 1:30:00 PM
HB 259
HB 259 - Supporting Document - Mat-Su Mayoral Proclamation.pdf SJUD 4/20/2018 1:30:00 PM
HB 259
HB 259 - Supporting Letter - Kelly Roy.pdf SJUD 4/20/2018 1:30:00 PM
HB 259
HB 259 - Supporting Document - Leg. Research Report.pdf SJUD 4/20/2018 1:30:00 PM
HB 259
HB 336 - Supporting Document - Disability Law Center Letter.pdf SJUD 4/20/2018 1:30:00 PM
HB 336
HB 336 - Letter of Support - Peninsula Independent Living Center.pdf SJUD 4/20/2018 1:30:00 PM
HB 336
HB 336 - Letter of Support - Alaska Association on Developmental Disabilities.pdf SJUD 4/20/2018 1:30:00 PM
HB 336
HB 336 - Sponsor Statement.pdf SJUD 4/20/2018 1:30:00 PM
HB 336
HB 336 - Supporting Document - SDMA Q&A.pdf SJUD 4/20/2018 1:30:00 PM
HB 336
HB 336 - Supporting Document - Slides on Guardianship and Legal Capacity.pdf SJUD 4/20/2018 1:30:00 PM
HB 336
HB 336 - Supporting Document - Govs Council on Disabilities.pdf SJUD 4/20/2018 1:30:00 PM
HB 336
HB 336 - Sectional Summary (ver. R.A).pdf SJUD 4/20/2018 1:30:00 PM
HB 336
HB 336 - Version R.A.pdf SJUD 4/20/2018 1:30:00 PM
HB 336
HB 336 - Summary of Changes.pdf SJUD 4/20/2018 1:30:00 PM
HB 336
HB 336 - Supporting Document - Texas School of Law Brief.pdf SJUD 4/20/2018 1:30:00 PM
HB 336
HB 336 - Letter of Support - AARP Alaska.pdf SJUD 4/20/2018 1:30:00 PM
HB 336
HB 336 - Letter of Support - Delaune.pdf SJUD 4/20/2018 1:30:00 PM
HB 336
CS to HB 259 - Version G.pdf SJUD 4/20/2018 1:30:00 PM
HB 259
CS to HB 123 - Version Q.pdf SJUD 4/20/2018 1:30:00 PM
HB 123