Legislature(2005 - 2006)HOUSE FINANCE 519
04/21/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB304 | |
| SB55 | |
| SB200 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 488 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 200 | ||
| += | SB 55 | TELECONFERENCED | |
| = | SB 304 | ||
HOUSE FINANCE COMMITTEE
April 21, 2006
2:10 p.m.
CALL TO ORDER
Co-Chair Meyer called the House Finance Committee meeting to
order at 2:10:36 PM.
MEMBERS PRESENT
Representative Kevin Meyer, Co-Chair
Representative Bill Stoltze, Vice-Chair
Representative Mike Hawker
Representative Reggie Joule
Representative Mike Kelly
Representative Beth Kerttula
Representative Carl Moses
Representative Bruce Weyhrauch
MEMBERS ABSENT
Representative Mike Chenault, Co-Chair
Representative Jim Holm
Representative Richard Foster
ALSO PRESENT
Amy Seitz, Staff to Tom Wagoner; Dave Stancliff, staff,
Senator Therriault.
PRESENT VIA TELECONFERENCE
Dick Mylius, Deputy Director, Division of Mining Land and
Water, Department of Natural Resources; Erica Miller, Hope,
Alaska; Chuck Graham, Hope, Alaska; Susan Parks, Deputy
Attorney General, Criminal Division, Department of Law.
SUMMARY
CS SB 55(FIN)
"An Act instructing the commissioner of natural
resources to issue a patent for the remaining
interest in certain state land to the owner of the
agricultural rights to that land."
CS SB55 (FIN) was REPORTED OUT of Committee with a
Do Pass recommendation and an indeterminate fiscal
note (#2) from the Department of Natural
Resources.
CSSB 200(JUD) am
"An Act relating to defense of self, other
persons, property, or services."
HCSCSSB200 (JUD) was REPORTED OUT of Committee
with individual recommendations and a zero fiscal
note (#1) from the Department of Public Safety.
SB 304 "An Act relating to the privileges of airport
parking shuttles and to fees or charges imposed on
a person who is not a lessee or holder of a
privilege to use the property or a facility of an
airport."
CSSB304 (TRA) was REPORTED OUT of Committee with
individual recommendations and a new, zero fiscal
note from the Department of Transportation.
SENATE BILL NO. 304
"An Act relating to the privileges of airport parking
shuttles and to fees or charges imposed on a person who is
not a lessee or holder of a privilege to use the property or
a facility of an airport."
Co-Chair Meyer noted that the Committee had heard testimony
on the bill in the morning meeting and had been waiting for
a new fiscal note (zero; DOT).
Representative Hawker MOVED to REPORT CSSB304 (TRA) out
of Committee with the revised fiscal note. There being NO
OBJECTIONS, it was so ordered.
2:13:05 PM
SENATE BILL NO. 55
"An Act instructing the commissioner of natural resources to
issue a patent for the remaining interest in certain state
land to the owner of the agricultural rights to that land."
AMY SETIZ, STAFF TO SENATOR TOM WAGONER testified regarding
the bill. She noted that the bill was similar to HB 57,
giving the Commissioner of the Department of Natural
Resource the authority to sell remaining rights to certain
state-owned land. The land must be not more than 15 acres
and used for agricultural purposes. The State must have
originally acquired it through the National Forest under the
Alaska Statehood Act, and the owner of the parcel must pay
the fair market value for the remaining rights.
Ms. Seitz explained that the bill was introduced to resolve
an issue involving 15 acres in Hope, Alaska. The Miller
family had been given partial agricultural rights to these
lands after they lost some of their own property in the
earthquake of 1964. She noted some controversy as to whether
the family should have been given full rights at that time.
She maintained that the language in the bill was the only
option available to solve the issue.
2:15:08 PM
DICK MYLIUS, DEPUTY DIRECTOR, DIVISION OF MINING LAND AND
WATER, DEPARTMENT OF NATURAL RESOURCES testified via
teleconference in support of the bill. He stated that in
most instances State land was sold in a public process.
The exception is with a circumstance of preference rights,
allowing DNR to only offer a parcel or an interest to one
specific individual, usually someone who already legally
occupied the land. In this case the preference rights were
granted to allow the remaining land to be purchased by a
family who already retained partial rights to the land.
Ross Miller had obtained a Forest Service permit in 1955.
When the State selected the land, the Millers had a grazing
permit and had made improvements upon it. Mr. Mylius noted
that the Department decided to only sell the family
agricultural rights in 1978/9. In order to purchase the
property at this time it required the parcel to be
subdivided; this is not allowable under current State law
because the parcel is too.
Mr. Mylius pointed out that the bill was narrowly focused,
due to concern that the bill would apply to other parcels.
The language only applies to land in the Chugiak/Tongass
Forest of a certain size acquired for agricultural purposes.
2:18:22 PM
Representative Stoltze asked whether, other than the
parcel desired by the Miller family, other parcels existed
that would benefit from this legislation. Mr. Mylius
replied that there might be a few parcels in Gustavus that
might qualify, but reiterated that it would only apply to
the Chugak National Forest.
2:19:45 PM
ERICA MILLER, HOPE, ALASKA, testified via teleconference in
support of the bill. She stated her belief that the bill
would provide good resolution to the land issue.
2:20:26 PM
CHUCK GRAHAM, HOPE, ALASKA testified via teleconference in
strong support of the bill.
Co-Chair Meyer closed public testimony on the bill.
2:21:26 PM
Co-Chair Meyer asked for clarification on the indeterminate
fiscal note. Mr. Mylius noted that the State would earn
some revenue from the sale of the land. The appraised
market value of the land is currently unknown.
Representative Hawker MOVED to REPORT CS SB55 (FIN) out
of Committee with individual recommendations and attached
fiscal note. Since there was NO OBJECTION, it was So
Ordered.
CS FOR SENATE BILL NO. 200(JUD) am
"An Act relating to defense of self, other persons,
property, or services."
2:23:00 PM
Representative Hawker MOVED Conceptual Amendment #1:
Page 2, lines 23 and 28, changes in punctuation
Page 2, lines 29-31, deleting
"(d) the weapon used by the person was a firearm
that was illegal under state or federal law for
the person to possess as a result of a conviction
for a felony."
Representative Stoltze OBJECTED.
Representative Hawker discussed the amendment. In an
earlier Committee meeting, testimony had raised a question
about equal protection under the rights of the law. He
noted that being a fugitive of justice makes possessing a
weapon illegal, and could under the current bill eliminate a
person's right to claim a plea of self-defense. He noted
various contradictory circumstances wherein the legality of
a firearm was in conflict with the ability to claim self
defense. He concluded that the provision was best stricken
from the bill, thereby giving the right to a self-defense
plea to every person living in Alaska.
2:26:06 PM
DAVE STANCLIFF, STAFF, SENATOR THERRIAULT testified
regarding the amendment. He noted that although it was not
part of the original bill, the Sponsor would entertain the
amendment.
2:26:52 PM
Responding to a question by Representative Kelly, Mr.
Stancliff stated that the legislation was in line with other
states, such as Florida, after whom they modeled their bill.
Representative Stoltze REMOVED his OBJECTION.
There being no objection, the Amendment was Adopted.
2:27:57 PM
Representative Kerttula noted her similar concern with the
gang related provision. She suggested that such a provision
dealing with identity rather than conduct might be
unconstitutional. She asked if the Sponsor would be willing
to take the provision from the bill, and stated that she
would be willing to offer such an amendment. She
acknowledged that while gang related behaviors were not
popular, it still presented a constitutional conflict.
2:29:24 PM
SUSAN PARKS, DEPUTY ATTORNEY GENERAL, CRIMINAL DIVISION,
DEPARTMENT OF LAW testified via teleconference. She noted
that the section in question did not just deal with identity
in a gang, but also related to actual conduct. It requires
that a person is "acting alone, or with others, in revenge
for, retaliation for, or response to actual or perceived
conduct by a rival or perceived rival". She concluded that
it did not mean that one could not use the defense simply by
virtue of being a gang member.
2:30:32 PM
Representative Kerttula maintained that the provision,
since it pertained to "or responding to actual conduct",
could mean that a person might actually be engaged in self
defense and would not have the right to that claim. Ms.
Parks recalled in speaking with Mr. Dean Guaneli, Chief
Assistant Attorney General, Department of Law they had
discussed language to address a "shoot out" situation. She
conceded that small changes might be made to the language,
but referred to other states that maintained similar
legislative language to address similar conduct.
2:32:21 PM
Representative Kerttula still questioned the identity as
preventing the self-defense claim. She stated that she
would speak to the Attorney General's office regarding this
language.
2:32:55 PM
Representative Stoltze expressed his preference to simply
litigate such questions, rather than to support gang
behavior by trying to create assurances.
2:33:51 PM
Representative Kelly expressed his comfort with the language
in the bill.
Representative Hawker MOVED to REPORT HCSCSSB200 (JUD)
out of Committee as amended with a zero fiscal note and
individual recommendations. There being NO OBJECTIONS, it
was so ordered.
Co-Chair Meyer noted that the Committee would meet again on
Monday, April 24.
ADJOURNMENT
The meeting was adjourned at 2:36 PM
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