Legislature(2007 - 2008)CAPITOL 120

03/14/2007 01:00 PM House JUDICIARY


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01:08:05 PM Start
01:08:29 PM Confirmation Hearing(s)|| Attorney General
02:38:17 PM HB175
02:52:21 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Confirmation Hearing:
Attorney General, Department of Law -
Talis Colberg
*+ HB 175 EMINENT DOMAIN; RECREATIONAL STRUCTURES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 14, 2007                                                                                         
                           1:08 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
Representative John Coghill                                                                                                     
Representative Bob Lynn                                                                                                         
Representative Ralph Samuels                                                                                                    
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Bill Stoltze                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Attorney General [Continued from 3/2/07]                                                                                      
                                                                                                                                
     Talis Colberg - Palmer                                                                                                     
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
HOUSE BILL NO. 175                                                                                                              
"An Act relating to the prohibition of the exercise of the power                                                                
of eminent domain against a recreational structure for the                                                                      
purposes of developing a recreational facility or project."                                                                     
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 175                                                                                                                  
SHORT TITLE: EMINENT DOMAIN; RECREATIONAL STRUCTURES                                                                            
SPONSOR(S): REPRESENTATIVE(S) JOHNSON                                                                                           
                                                                                                                                
03/05/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/05/07       (H)       JUD, FIN                                                                                               
03/14/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TALIS COLBERG, Appointee                                                                                                        
Attorney General                                                                                                                
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:   Testified as  appointee to the  position of                                                               
Attorney General.                                                                                                               
                                                                                                                                
REPRESENTATIVE CRAIG JOHNSON                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HB 175.                                                                                         
                                                                                                                                
DAVE FEEKIN                                                                                                                     
Alaska Association of Realtors (AAR)                                                                                            
Kenai, Alaska                                                                                                                   
POSITION  STATEMENT:    During discussion  of  HB  175,  provided                                                               
comments and asked  the committee to support the  bill and report                                                               
it from committee.                                                                                                              
                                                                                                                                
DICK MYLIUS, Acting Director                                                                                                    
Central Office                                                                                                                  
Division of Mining, Land and Water                                                                                              
Department of Natural Resources (DNR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Responded to  questions during discussion of                                                               
HB 175.                                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting  to  order  at  1:08:05  PM.    Representatives  Coghill,                                                             
Samuels, Lynn, Holmes, Dahlstrom, and  Ramras were present at the                                                               
call to order.   Representative Gruenberg arrived  as the meeting                                                               
was in progress.  Representative Stoltze was also in attendance.                                                                
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                      
^Attorney General                                                                                                             
                                                                                                                                
1:08:29 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  first order of business would be                                                               
the  consideration of  the appointment  of Talis  Colberg to  the                                                               
position of Attorney General.                                                                                                   
                                                                                                                                
REPRESENTATIVE  COGHILL asked  Mr.  Colberg whether  he would  be                                                               
willing to draft a letter to  the federal government asking it to                                                               
address the issue of tribal status in Alaska.                                                                                   
                                                                                                                                
1:11:02 PM                                                                                                                    
                                                                                                                                
TALIS  COLBERG, Appointee,  Attorney General,  indicated that  he                                                               
would draft  such a letter but  only if the governor  asks him to                                                               
do so, because that is her decision to make, not his.                                                                           
                                                                                                                                
REPRESENTATIVE SAMUELS  asked Mr.  Colberg what his  legal advice                                                               
to the governor would be should she decide to pursue that issue.                                                                
                                                                                                                                
MR. COLBERG said  he would endeavor to provide  the governor with                                                               
the best  legal advice  available that  would support  her policy                                                               
choices to the extent that they  are consistent with the law.  In                                                               
response to a  comment, he opined that it is  not inconsistent to                                                               
provide legal  advice to the  governor and to the  legislature on                                                               
individual  issues but  still give  deference to  the person  who                                                               
appointed him.                                                                                                                  
                                                                                                                                
REPRESENTATIVE SAMUELS  asked whether  he should assume  that any                                                               
legal advice  he receives from  the Department of Law  (DOL) will                                                               
simply coincide with the governor's policies.                                                                                   
                                                                                                                                
MR. COLBERG  opined that  it would  be wrong  to assume  that the                                                               
attorney general will always say  only what the governor wants to                                                               
hear, and suggested that his  advice to the governor concerning a                                                               
university regent demonstrates that point.                                                                                      
                                                                                                                                
1:21:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS offered  his understanding  that in  that                                                               
situation, the governor  had not publicly expressed  a desire one                                                               
way or the other, and surmised  that if the governor does express                                                               
an opinion publicly  about a matter, then  legislators would need                                                               
to get  separate counsel on that  issue if they don't  agree with                                                               
her,  because   Mr.  Colberg  would   simply  be   promoting  the                                                               
governor's viewpoint.                                                                                                           
                                                                                                                                
MR. COLBERG  clarified that in the  aforementioned situation, the                                                               
governor only  asked for his  advice after she had  already asked                                                               
for  the regent's  resignation.   In response  to a  question, he                                                               
indicated that he  still wishes to address the  issues that arise                                                               
between the Native and non-Native populations in Alaska.                                                                        
                                                                                                                                
CHAIR  RAMRAS  suggested that  Mr.  Colberg  will bring  a  fresh                                                               
perspective  to the  job.   He then  asked Mr.  Colberg to  speak                                                               
about some  of the disharmony  that exists in both  the Fairbanks                                                               
and Anchorage  district attorney  offices -  because he  has been                                                               
told  that  it  stems  from   a  morale  problem  rather  than  a                                                               
compensation problem -  what Mr. Colberg perceives  as being some                                                               
of the  personnel issues, and what  Mr. Colberg intends to  do to                                                               
resolve them.                                                                                                                   
                                                                                                                                
The committee took an at-ease from 1:31 p.m. to 1:33 p.m.                                                                       
                                                                                                                                
MR.  COLBERG  said  that  Richard   Svobodny  -  Chief  Assistant                                                               
Attorney  General,  Criminal Division  -  would  be looking  into                                                               
those issues  for him.   Mr. Colberg mentioned that  Mr. Svobodny                                                               
is currently  in the  Kenai office  looking into  why there  is a                                                               
disproportionate  prosecution   failure  rate  compared   to  the                                                               
offices  in  rest  of  the  state.     Mr.  Colberg  said  he  is                                                               
comfortable  with   Mr.  Svobodny's  efforts   to  constructively                                                               
address  members'  concerns  about the  Anchorage  and  Fairbanks                                                               
offices.                                                                                                                        
                                                                                                                                
1:36:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS pointed  out that  in addition  to having                                                               
sufficient  legal expertise,  an attorney  general must  have the                                                               
ability to  manage the  280 attorneys  currently working  for the                                                               
DOL.   He said that  how the  personnel issues pertaining  to the                                                               
two most recent previous directors  of the Criminal Division have                                                               
been  handled gives  him pause  [and raises  questions regarding]                                                               
Mr.   Colberg's  management   skills,  particularly   given  that                                                               
managing the personnel  at the DOL is the bigger  part of the job                                                               
of  attorney general.   Representative  Samuels sought  assurance                                                               
that Mr. Colberg's management skills are up to the task.                                                                        
                                                                                                                                
REPRESENTATIVE  DAHLSTROM suggested  that it  is unreasonable  to                                                               
expect a  candidate for  confirmation to not  take any  action in                                                               
his/her prospective  role before being confirmed.   She cautioned                                                               
that many  of the facts  regarding the  aforementioned situations                                                               
are not yet  known by either legislators or the  public, and that                                                               
for  Mr.  Colberg  to  disclose   more  information  about  those                                                               
situations could breach confidentiality and the law.                                                                            
                                                                                                                                
REPRESENTATIVE COGHILL suggested that  the committee merely wants                                                               
to have a discussion regarding Mr. Colberg's management style.                                                                  
                                                                                                                                
REPRESENTATIVE SAMUELS  concurred, reiterating  his view  that an                                                               
attorney  general's management  skills  are  more important  than                                                               
his/her legal skills.                                                                                                           
                                                                                                                                
MR. COLBERG concurred, recounted  his experience while serving on                                                               
the  Matanuska-Susitna  (Mat-Su) Borough  assembly,  acknowledged                                                               
that most of his management  experience relates to offices with a                                                               
small  number of  personnel, and  assured the  committee that  he                                                               
doesn't expect  to have to  hire a  new director of  the Criminal                                                               
Division every few months.                                                                                                      
                                                                                                                                
REPRESENTATIVE LYNN observed that  without knowing more about the                                                               
situations  that  were  presented  to Mr.  Colberg,  it  will  be                                                               
difficult for the committee to evaluate his actions.                                                                            
                                                                                                                                
CHAIR  RAMRAS   offered  his  understanding  that   the  district                                                               
attorney office  in Fairbanks has  lost many  high-profile cases,                                                               
including cases  involving rape  and murder,  and yet  the office                                                               
appears to  be pursuing  many charges  of misconduct  involving a                                                               
controlled substance in  the sixth degree.   He asked, therefore,                                                               
whether Mr.  Colberg feels that  a reallocation  of prosecutorial                                                               
resources  at the  Fairbanks office  would  be in  order.   Chair                                                               
Ramras  also asked  Mr. Colberg  how  he intends  to address  the                                                               
issue of low morale in that office.                                                                                             
                                                                                                                                
1:46:15 PM                                                                                                                    
                                                                                                                                
MR. COLBERG  offered his recollection that  the district attorney                                                               
office  in  Fairbanks  has  only  lost  one  high-profile  sexual                                                               
assault  case -  two  years  ago -  and  that the  aforementioned                                                               
misconduct charges  were not  occurring independently  but rather                                                               
in  tandem  with  other  charges  such as  DUI.    He  suggested,                                                               
therefore, that  any morale problem  which exists in  that office                                                               
has no correlation to the  allocation of prosecutorial resources.                                                               
He  mentioned  that  he  has   been  presented  with  information                                                               
suggesting that  any morale  problems that  exist in  the various                                                               
district attorney  offices existed before the  new administration                                                               
took office, and reiterated that  Mr. Svobodny will be addressing                                                               
those problems.   Mr. Colberg,  on the question  of prosecutorial                                                               
resource  allocation,  surmised  that   the  information  he  has                                                               
received  differs  greatly  from  that  which  Chair  Ramras  has                                                               
received,  and   offered  his  belief  that   resources  are  not                                                               
currently  being   allocated  in  favor  of   the  aforementioned                                                               
misconduct charges.                                                                                                             
                                                                                                                                
CHAIR RAMRAS asked  Mr. Colberg whether he is  satisfied with the                                                               
prosecutorial resource  allocation in  the Fairbanks  office, and                                                               
again asked  Mr. Colberg  what he  intends to  do about  the low-                                                               
morale situation to ensure that  the district attorney offices do                                                               
a better job of protecting the public.                                                                                          
                                                                                                                                
MR.  COLBERG   said  he  will   be  relying  on   Mr.  Svobodny's                                                               
recommendations.    He  offered  his understanding  that  at  one                                                               
office,  the   actual  physical  location  of   the  building  is                                                               
contributing  to low  morale.   In  response to  a question,  Mr.                                                               
Colberg  said he  has asked  Mr. Svobodny  to look  into all  the                                                               
issues arising at the state's various district attorney offices.                                                                
                                                                                                                                
1:52:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS  asked whether there is  a specific policy                                                               
in  place   at  the  DOL  wherein   [legislators']  requests  for                                                               
information  must be  forwarded up  the chain  of command  before                                                               
being fulfilled.                                                                                                                
                                                                                                                                
MR. COLBERG  said he has  not established such a  policy himself,                                                               
but acknowledged that perhaps at  one point there might have been                                                               
a  policy  in  place  wherein  DOL  employees  were  supposed  to                                                               
document legislative contacts.   Furthermore, perhaps some people                                                               
simply  feel that  they  should inform  their  supervisor when  a                                                               
legislator contacts them.                                                                                                       
                                                                                                                                
REPRESENTATIVE  HOLMES   said  she   has  recently   come  across                                                               
individuals at  the DOL  who believe  that there  is a  policy in                                                               
place   such   as   Representative  Samuels   described.      She                                                               
recommended, therefore,  that Mr. Colberg make  efforts to inform                                                               
all of  his staff that  they are free to  disseminate information                                                               
to legislators when they request it.                                                                                            
                                                                                                                                
CHAIR  RAMRAS, notwithstanding  Mr.  Colberg's  comments that  he                                                               
intends to  rely on Mr.  Svobodny's recommendations,  opined that                                                               
there  is no  substitute for  a hands-on  approach to  managing a                                                               
department.                                                                                                                     
                                                                                                                                
MR. COLBERG  agreed to issue  a statement to his  staff regarding                                                               
how  he would  like them  to deal  with legislative  requests for                                                               
information.                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  asked Mr. Colberg  to comment on the  issues raised                                                               
as a result of the passage of certain ballot measures.                                                                          
                                                                                                                                
MR.  COLBERG  indicated  that  the  DOL  is  establishing  a  new                                                               
position that will  deal with the legal issues  which could arise                                                               
from  the "cruise  ship  initiative," and  said  he expects  that                                                               
[that initiative]  will engender  litigation.   In response  to a                                                               
question,  he indicated  that he  is  not sure  whether the  same                                                               
legal arguments could be  raised regarding Washington's container                                                               
tax  as might  be raised  regarding the  cruise ship  initiative,                                                               
should litigation result  from either or both.  In  response to a                                                               
further question,  he said  that the DOL's  position would  be to                                                               
defend, to the best of its ability, what the voters passed.                                                                     
                                                                                                                                
2:07:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS referred  to an  upcoming ballot  measure                                                               
pertaining  to establishing  a gaming  commission, and  asked Mr.                                                               
Colberg whether he thinks gambling would be good for Alaska.                                                                    
                                                                                                                                
MR.  COLBERG  opined  that  gambling can  be  very  corrosive  to                                                               
society.   In response  to further  questions, he  indicated that                                                               
[the  state] is  currently involved  in litigation  regarding the                                                               
interpretation   of  the   aforementioned  ballot   measure,  and                                                               
explained  that  the  National Indian  Gaming  Commission  (NIGC)                                                               
requires  that   the  federal  ordinances  allowing   for  Indian                                                               
gambling must  stipulate that the  tribe comply with  its state's                                                               
laws on gambling.                                                                                                               
                                                                                                                                
CHAIR  RAMRAS, referring  to the  State v.  Amerada Hess,  et al.                                                             
settlement money,  asked Mr. Colberg  what proactive  approach he                                                               
will  take regarding  any funds  engendered by  the "cruise  ship                                                               
head tax" and any ensuing litigation.                                                                                           
                                                                                                                                
MR. COLBERG  said he is not  aware of any action  pending on that                                                               
particular tax.                                                                                                                 
                                                                                                                                
CHAIR RAMRAS suggested to Mr.  Colberg that he provide counsel to                                                               
the legislature regarding that issue.                                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG asked Mr.  Colberg to explain the status                                                               
of possible litigation against the  actuaries responsible for the                                                               
Public  Employees'  Retirement  System and  Teachers'  Retirement                                                               
System (PERS/TRS) funds.                                                                                                        
                                                                                                                                
MR. COLBERG said the DOL has  made a request for an appropriation                                                               
of $12  million to pursue that  litigation, and that the  case is                                                               
on hold pending funding.  He  added that the DOL feels that there                                                               
is a good  cause of action and recommends going  forward with it.                                                               
In  response  to   a  further  question,  he   said  that  moneys                                                               
appropriated thus far for that purpose have already been spent.                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  indicated that he would  want the State                                                               
to not let the statute of limitations run out on that case.                                                                     
                                                                                                                                
MR. COLBERG, in response to  a question regarding the McDowell v.                                                             
State case, said, "I think the majority was right."                                                                           
                                                                                                                                
CHAIR  RAMRAS asked  Mr.  Colberg whether  he  believes that  the                                                               
"advocacy section"  that weighs  in on  the regulatory  filing in                                                               
front  of  the  Regulatory  Commission  of  Alaska  (RCA)  should                                                               
[continue  to]  be located  within  the  Office of  the  Attorney                                                               
General.                                                                                                                        
                                                                                                                                
MR.  COLBERG said  yes.   He  opined that  from an  institutional                                                               
perspective, it  is a bad  concept for agencies to  develop their                                                               
own  separate legal  departments, because  doing so  could create                                                               
consistency problems.                                                                                                           
                                                                                                                                
2:26:04 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  referred to Mr. Colberg's  3/13/07 letter regarding                                                               
the Alaska Gasline  Inducement Act (AGIA), and  asked Mr. Colberg                                                               
to elaborate.                                                                                                                   
                                                                                                                                
MR. COLBERG said:                                                                                                               
                                                                                                                                
     There's been a lot written on  that.  You have not only                                                                    
     about a 31-page opinion  from [former] Attorney General                                                                    
     Marquez talking about that that's,  in his view, citing                                                                    
     many  of the  same cases,  older even,  that there  are                                                                    
     reasons  to  argue  that   fiscal  certainty  could  be                                                                    
     justified for  30-45 years, you  have at the  other end                                                                    
     Senator French  wrote a very  long opinion  saying that                                                                    
     nothing  over   2  years,  beyond   the  term   of  any                                                                    
     legislature,  could  be  found legitimate.    And  then                                                                    
     ultimately,  almost  all  of the  opinions  agree  that                                                                    
     there's no  certainty about the fiscal  certainty short                                                                    
     of a court decision.                                                                                                       
                                                                                                                                
     Now, what  it gets  into is, always,  an interpretation                                                                    
     of Article  IX, Section 1,  in tandem with  Article IX,                                                                    
     Section  4, [of  the Alaska  State Constitution].   And                                                                    
     Alaska, like about  almost 30 states, has  this "do not                                                                    
     surrender your taxing authority"  coming out of an old,                                                                    
     old, old Georgia  case, which is perhaps  more than 150                                                                    
     years  old, where  states  anticipating issues  arising                                                                    
     from a surrender by one  legislature of powers creating                                                                    
     serious problems down the line.                                                                                            
                                                                                                                                
     In  the limited  case  law that's  available in  Alaska                                                                    
     that gives hints  about it and from the  minutes of the                                                                    
     [Alaska]  Constitutional  Convention, Delegate  Nerland                                                                    
     specifically   talked   about  inducements,   and   for                                                                    
     industry, and he used the  word "inducements" in there,                                                                    
     and the concept is that  here, this is a 10-year period                                                                    
     that  is   triggered  by   the  initiation   of  giving                                                                    
     something.  It's not something  that we're promising in                                                                    
     advance  of  any  commitment; it's  in  response  to  a                                                                    
     commitment  and investment  made -  it's for  a limited                                                                    
     duration.                                                                                                                  
                                                                                                                                
MR. COLBERG continued:                                                                                                          
                                                                                                                                
     And  can it  be challenged?   Of  course.   And who  is                                                                    
     going to decide?  The  precedent is pretty slim all the                                                                    
     way around.  But we  think it's much more defensible to                                                                    
     make, under  the terms  described, in  the AGIA,  a 10-                                                                    
     year  concept  that's  not promised  before  anything's                                                                    
     done,  but  after  there's been  a  commitment  and  an                                                                    
     investment  that can  be  justified  and defensible  in                                                                    
     court.     And  ...   even  [former   Attorney  General                                                                    
     Marquez's] opinion can be defended,  we just think it's                                                                    
     too much of a stretch.                                                                                                     
                                                                                                                                
     And  so  the  opposite  end is  Senator  French  saying                                                                    
     nothing over  2 years will  prevail, and he laid  out a                                                                    
     very  thorough  set  of  arguments.   But  there  is  a                                                                    
     qualifier in  Article IX, Section  1, that  leaves open                                                                    
     the door for some exceptions,  and if it had no purpose                                                                    
     - and  every word has a  purpose in that type  of thing                                                                    
     is the  presumption -  there'd be  no reason  for that,                                                                    
     and  we  think this  ...  fits  into  the gist  of  the                                                                    
     comments  made when  it  was created  as  to what's  an                                                                    
     appropriate use for that terminology.                                                                                      
                                                                                                                                
MR.  COLBERG,  in  response  to  a  question  regarding  [Indian]                                                               
gaming,  offered his  understanding  that Kake  and Klawock  [are                                                               
only  requesting permission  from the  NIGC to  offer] bingo  and                                                               
pull-tabs, both of which are currently allowed under state law.                                                                 
                                                                                                                                
2:31:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM made a motion to advance from committee                                                                
the nomination of Talis Colberg to the position of Attorney                                                                     
General.    There  being  no   objection,  the  confirmation  was                                                               
advanced from the House Judiciary Standing Committee.                                                                           
                                                                                                                                
The committee took an at-ease from 2:32 p.m. to 2:38 p.m.                                                                       
                                                                                                                                
HB 175 - EMINENT DOMAIN; RECREATIONAL STRUCTURES                                                                              
                                                                                                                                
2:38:17 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
HOUSE BILL  NO. 175, "An Act  relating to the prohibition  of the                                                               
exercise of  the power of  eminent domain against  a recreational                                                               
structure for the purposes of  developing a recreational facility                                                               
or project."                                                                                                                    
                                                                                                                                
2:39:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRAIG JOHNSON,  Alaska State Legislature, sponsor,                                                               
relayed  that  legislation  last  year  set  limitations  on  the                                                               
exercise  of  eminent  domain  and  elevated  someone's  personal                                                               
residence such  that eminent  domain could  not be  exercised for                                                               
the  purpose of  developing  a recreational  facility or  project                                                               
unless  the   homeowner  consented  to  the   taking  of  his/her                                                               
residence.   House  Bill 175  would extend  that limitation  to a                                                               
person's   recreational  structure,   and  establishes   a  limit                                                               
regarding the amount of land that  would be protected to a radius                                                               
250 linear  feet around the  recreational structure itself  - the                                                               
same amount  of land that  would apply in situations  involving a                                                               
residence; HB 175 would not  interfere with a government entity's                                                               
exercise of  eminent domain  for other  legitimate purposes.   He                                                               
relayed  that  although last  year's  legislation  struck a  fine                                                               
balance between  all interested parties,  recreational structures                                                               
were not included,  and so he is now bringing  this issue forward                                                               
because  he  believes  that  private  ownership  constitutes  the                                                               
greatest use  of Alaska's land.   He mentioned that HB  175 would                                                               
not  apply to  recreational structures  owned by  partnerships or                                                               
businesses.                                                                                                                     
                                                                                                                                
2:43:12 PM                                                                                                                    
                                                                                                                                
DAVE FEEKIN,  Alaska Association  of Realtors (AAR),  spoke about                                                               
last  year's legislation,  relayed  that the  property rights  of                                                               
"second  home"  owners is  of  key  importance, and  opined  that                                                               
HB 175 protects  the values of  those properties.   Realtors have                                                               
heard from many Alaskans about  the importance of recognizing and                                                               
protecting  a key  element for  many families  and their  Alaskan                                                               
lifestyles  -   the  ownership  and  enjoyment   of  recreational                                                               
properties and cabins.   He concluded by asking  the committee to                                                               
support HB 175 and move the bill from committee.                                                                                
                                                                                                                                
CHAIR  RAMRAS, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on HB 175.                                                                                     
                                                                                                                                
REPRESENTATIVE JOHNSON, in  response to a question,  said, "It is                                                               
standard  practice to  have access  to your  land ...;  I believe                                                               
that  that  right-of-way does  exist,  and  [the government]  ...                                                               
couldn't condemn the  area to prohibit you from  having access to                                                               
your property ...."                                                                                                             
                                                                                                                                
REPRESENTATIVE   GRUENBERG    questioned   whether    the   term,                                                               
"recreational structure"  could be construed to  mean a structure                                                               
that was constructed  for just one season, and  asked whether the                                                               
bill  ought to  require some  form of  permanency with  regard to                                                               
recreational structures.                                                                                                        
                                                                                                                                
REPRESENTATIVE JOHNSON said it is not  the intention of HB 175 to                                                               
allow someone with recreational property  to merely put up a tent                                                               
and move it  from place to place  in order to protect  all of the                                                               
property; HB 175 is intended to  protect the owner of a permanent                                                               
recreational structure.   He  indicated that  he doesn't  have an                                                               
objection to clarifying that point.                                                                                             
                                                                                                                                
REPRESENTATIVE  GRUENBERG  indicated  a willingness  to  offer  a                                                               
conceptual amendment  that would  alter Section  3 such  that the                                                               
concept of  permanence would be incorporated  into the definition                                                               
of "recreational structure".                                                                                                    
                                                                                                                                
2:52:21 PM                                                                                                                    
                                                                                                                                
DICK  MYLIUS,  Acting  Director,   Central  Office,  Division  of                                                               
Mining, Land  and Water, Department  of Natural  Resources (DNR),                                                               
in response to a question,  said that the department doesn't have                                                               
any  objection  to  [the  bill  or  the  aforementioned  proposed                                                               
change],  and that  the department  has  never exercised  eminent                                                               
domain in order  to acquire recreational properties  or access to                                                               
recreational opportunities  without the  consent of  the property                                                               
owner.   He opined  that it  would be good  to better  define the                                                               
term,  "recreational  structure",  particularly given  that  both                                                               
tent camps  and million-dollar structures  are all  considered to                                                               
be recreational structures.   In response to  a further question,                                                               
Mr. Mylius  provided comments  regarding a  particular university                                                               
land transfer.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  JOHNSON, in  response to  a question,  reiterated                                                               
that  the bill  is  intended to  only protect  the  land that  is                                                               
within 250 linear  feet of the structure,  whether that structure                                                               
is someone's  personal residence  or recreational structure.   In                                                               
response to  a comment and  question, he indicated that  he would                                                               
be amenable  to an amendment that  would clarify that point.   In                                                               
response  to a  further  question,  he said  he  intends for  the                                                               
protections afforded  by the  bill to apply  only to  a landowner                                                               
who holds legal title to the recreational structure.                                                                            
                                                                                                                                
REPRESENTATIVE  DAHLSTROM surmised  that several  members believe                                                               
that the  issue of how much  land is going to  be protected still                                                               
needs to be clarified in the bill.                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG suggested that  the issues raised by the                                                               
committee be addressed via a committee substitute.                                                                              
                                                                                                                                
[HB 175 was held over.]                                                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 2:58 p.m.                                                                 

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