Legislature(2005 - 2006)HOUSE FINANCE 519

04/21/2006 01:30 PM FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Meeting Postponed to 1:45 PM today--
+= HB 488 OIL AND GAS PRODUCTION TAX TELECONFERENCED
<Bill Hearing Postponed>
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 200 USE OF FORCE TO PROTECT SELF/HOME
Moved HCS CSSB 200(FIN) Out of Committee
<Bill Hearing Rescheduled from 04/19/06>
+= SB 55 AGRICULTURAL LAND TELECONFERENCED
Moved Out of Committee
<Bill Hearing Rescheduled from 04/19/06>
= SB 304 AIRPORT PARKING SHUTTLES/AIRPORT CHARGES
Moved HCS SB 304(TRA) Out of Committee
                  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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