04/16/2014 09:00 AM House RULES
| Audio | Topic |
|---|---|
| Start | |
| SB200 | |
| SB201 | |
| HB287 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 200 | TELECONFERENCED | |
| + | SB 201 | TELECONFERENCED | |
| + | HB 287 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE RULES STANDING COMMITTEE
April 16, 2014
9:03 a.m.
MEMBERS PRESENT
Representative Craig Johnson, Chair
Representative Mike Chenault
Representative Mike Hawker
Representative Bob Herron
Representative Wes Keller
Representative Kurt Olson
Representative Max Gruenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 200
"An Act establishing a right of action for the death of an
unborn child in certain circumstances."
- MOVED HCS SB 200(RLS) OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 201(JUD)
"An Act relating to the crime of trespass."
- MOVED CSSB 201(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 287
"An Act approving and ratifying the sale of royalty oil by the
State of Alaska to Tesoro Corporation and Tesoro Refining and
Marketing Company LLC; and providing for an effective date."
- MOVED CSHB 287(RLS) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 200
SHORT TITLE: WRONGFUL DEATH OF AN UNBORN CHILD
SPONSOR(s): SENATOR(s) MCGUIRE
02/24/14 (S) READ THE FIRST TIME - REFERRALS
02/24/14 (S) JUD
03/10/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/10/14 (S) Heard & Held
03/10/14 (S) MINUTE(JUD)
03/12/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/12/14 (S) Moved SB 200 Out of Committee
03/12/14 (S) MINUTE(JUD)
03/14/14 (S) JUD RPT 4DP 1AM
03/14/14 (S) DP: COGHILL, MCGUIRE, OLSON, DYSON
03/14/14 (S) AM: WIELECHOWSKI
03/14/14 (S) TRANSMITTED TO (H)
03/14/14 (S) VERSION: SB 200
03/17/14 (H) READ THE FIRST TIME - REFERRALS
03/17/14 (H) RLS
04/03/14 (H) RLS AT 5:00 PM CAPITOL 120
04/03/14 (H) <Bill Hearing Canceled>
04/13/14 (H) RLS AT 2:00 PM CAPITOL 120
04/13/14 (H) -- MEETING CANCELED --
04/14/14 (H) RLS AT 5:00 PM CAPITOL 120
04/14/14 (H) -- MEETING CANCELED --
04/16/14 (H) RLS AT 9:00 AM CAPITOL 120
BILL: SB 201
SHORT TITLE: NOTICE AGAINST TRESPASS
SPONSOR(s): SENATOR(s) STEDMAN
02/24/14 (S) READ THE FIRST TIME - REFERRALS
02/24/14 (S) JUD
03/17/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/17/14 (S) Heard & Held
03/17/14 (S) MINUTE(JUD)
03/28/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/28/14 (S) Moved CSSB 201(JUD) Out of Committee
03/28/14 (S) MINUTE(JUD)
03/31/14 (S) JUD RPT CS 3DP 1NR SAME TITLE
03/31/14 (S) DP: COGHILL, MCGUIRE, OLSON
03/31/14 (S) NR: WIELECHOWSKI
03/31/14 (S) FIN REFERRAL ADDED AFTER JUD
04/07/14 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/07/14 (S) Heard & Held
04/07/14 (S) MINUTE(FIN)
04/08/14 (S) FIN RPT CS(JUD) 4DP 2NR 1AM
04/08/14 (S) DP: MEYER, HOFFMAN, BISHOP, FAIRCLOUGH
04/08/14 (S) NR: KELLY, OLSON
04/08/14 (S) AM: DUNLEAVY
04/08/14 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/08/14 (S) Moved CSSB 201(JUD) Out of Committee
04/08/14 (S) MINUTE(FIN)
04/12/14 (S) TRANSMITTED TO (H)
04/12/14 (S) VERSION: CSSB 201(JUD)
04/13/14 (H) READ THE FIRST TIME - REFERRALS
04/13/14 (H) RLS
04/16/14 (H) RLS AT 9:00 AM CAPITOL 120
BILL: HB 287
SHORT TITLE: APPROVE TESORO ROYALTY OIL SALE
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/29/14 (H) READ THE FIRST TIME - REFERRALS
01/29/14 (H) RES, FIN
03/03/14 (H) RES AT 1:00 PM BARNES 124
03/03/14 (H) Scheduled But Not Heard
03/05/14 (H) RES AT 1:00 PM BARNES 124
03/05/14 (H) Scheduled But Not Heard
03/06/14 (H) RES AT 12:00 AM BARNES 124
03/06/14 (H) Moved Out of Committee
03/06/14 (H) MINUTE(RES)
03/10/14 (H) RES RPT 6DP
03/10/14 (H) DP: JOHNSON, P.WILSON, OLSON, TARR,
SEATON, HAWKER
03/19/14 (H) FIN AT 8:30 AM HOUSE FINANCE 519
03/19/14 (H) Heard & Held
03/19/14 (H) MINUTE(FIN)
04/09/14 (H) FIN AT 6:00 PM HOUSE FINANCE 519
04/09/14 (H) Heard & Held
04/09/14 (H) MINUTE(FIN)
04/11/14 (H) FIN AT 6:30 PM HOUSE FINANCE 519
04/11/14 (H) Heard & Held
04/11/14 (H) MINUTE(FIN)
04/13/14 (H) FIN AT 1:00 PM HOUSE FINANCE 519
04/13/14 (H) <Bill Hearing Canceled>
04/14/14 (H) FIN AT 8:30 AM HOUSE FINANCE 519
04/14/14 (H) Moved CSHB 287(FIN) Out of Committee
04/14/14 (H) MINUTE(FIN)
04/15/14 (H) FIN RPT CS(FIN) NT 2DP 6NR 3AM
04/15/14 (H) DP: T.WILSON, THOMPSON
04/15/14 (H) NR: MUNOZ, NEUMAN, EDGMON, HOLMES,
STOLTZE, AUSTERMAN
04/15/14 (H) AM: GUTTENBERG, GARA, COSTELLO
04/16/14 (H) RLS AT 9:00 AM CAPITOL 120
WITNESS REGISTER
AMY SALTZMAN, Staff
Senator Lesil McGuire
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 200 on behalf of the sponsor.
DARWIN PETERSON, Staff
Senator Bert Stedman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 201 on behalf of the sponsor.
ROD ARNO, Executive Director
Alaska Outdoor Council
Anchorage, Alaska
POSITION STATEMENT: Testified that AOC doesn't oppose CSSB
201(JUD), but expressed concerns about it.
AL BARRETTE
Fairbanks, Alaska
POSITION STATEMENT: Expressed concerns with CSSB 201(JUD).
TOM WRIGHT, Staff
House Majority Office
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Representative Chenault,
explained Amendment 1 to HB 287.
JOE BALASH, Commissioner
Department of Natural Resources
Juneau, Alaska
POSITION STATEMENT: During hearing of HB 287, answered
questions.
ACTION NARRATIVE
9:03:27 AM
CHAIR CRAIG JOHNSON called the House Rules Standing Committee
meeting to order at 9:03 a.m. Representatives Chenault, Hawker,
Keller, Olson, Gruenberg, and Johnson were present at the call
to order. Representative Herron arrived as the meeting was in
progress.
SB 200-WRONGFUL DEATH OF AN UNBORN CHILD
9:04:01 AM
CHAIR JOHNSON announced that the first order of business would
be SENATE BILL NO. 200, "An Act establishing a right of action
for the death of an unborn child in certain circumstances."
9:04:22 AM
REPRESENTATIVE OLSON moved to adopt the proposed House committee
substitute (HCS) for SB 200, Version 28-LS1382\U, Wallace,
4/11/4, as the working document.
CHAIR JOHNSON objected for discussion purposes.
9:04:41 AM
AMY SALTZMAN, Staff, Senator Lesil McGuire, Alaska State
Legislature, speaking on behalf of the sponsor, Senator McGuire,
paraphrased from the following written sponsor statement
[original punctuation provided]:
There is no loss more devastating than the loss of a
child, no matter the child's age. Currently Alaskan
families have no civil recourse when suffering the
loss of an unborn child through the unlawful or
negligent actions of another person. Senate Bill 200,
also known as "Jackson's Law" is a long overdue
response to the heartbreaking stories of families who
have suffered such a loss.
In 2006 a law was passed to change the criminal
liability for the death of an unborn child. That law
established that the unborn can be victims of murder,
manslaughter and criminally negligent homicide in a
criminal court. Jackson's Law would mirror that law,
allowing Alaskan families and parents the same civil
recognition of their loss.
Alaska is one of only ten states that do not allow the
parents of an unborn victim to seek accountability or
damages from a guilty party. Although no compensation
could ever account for the loss of parents and
families, this bill will provide families with
recognition and a course for healing.
9:05:41 AM
CHAIR JOHNSON inquired as to the differences between SB 200 and
the proposed committee substitute, HCS SB 200, Version U.
9:06:00 AM
MS. SALTZMAN explained that it came to the sponsor's attention
that in some civil cases there is the ability for families to
seek action for the wrongful death of an unborn child using AS
09.15.010 such that the parent or guardian may sue for injuries
or death of a child. However, the issue is that the term
"unborn" isn't included in that statute, and thus is left to the
court's interpretation. Therefore, [SB 200] would clarify that
[Jackson's] law exists and will be available for cases going
forward. The changes embodied in Version U reflect that, she
said. She then pointed out that on page 1, line 1, the title of
SB 200 was amended by deleting the language "establishing a
right" and inserting "relating". On page 2, lines 5-6,
subsection (c) was inserted; subsection (c) clarifies that if
another action was sought, this law is separate. On page 2,
lines 10-13, a new section was inserted to clarify that this
legislation applies to cases that occur on or after the
effective date not existing cases.
9:08:06 AM
REPRESENTATIVE GRUENBERG noted that this legislation is similar
to HB 258 heard in the House Judiciary Standing Committee. He
characterized the changes as good. However, he recalled that
the Wrongful Death Act, AS 09.15.015, refers to "parent or
guardian" but a "guardian" doesn't apply to an unborn child.
Therefore, he inquired as to what would happen in a case in
which the father, the pregnant mother, and fetus are killed.
Per Megan Wallace, Attorney, Legal Services, Legislative Legal
and Research, the survival statute, AS 09.55.570, provides that
if someone doesn't survive, then a personal represented is
appointed. Therefore, if the parents died in the same action as
the unborn child, any claim that could've been maintained by the
parent would survive and could be brought by the personal
representative. He also recalled that the judge in the case of
Mace v. Jung, 210 F.Supp 706 (U.S. District Court Alaska 1962),
in which there was a motion to dismiss for the death of a
nonviable unborn child, adopted the rule and applied that an
action could not be maintained for a nonviable unborn child.
This proposed law will effectively reverse that case, he pointed
out. Representative Gruenberg related his support for SB 200.
9:11:23 AM
CHAIR JOHNSON removed his objection. There being no further
objection, Version U was before the committee.
9:11:39 AM
CHAIR JOHNSON opened public testimony and upon determining that
no one wished to testify, closed public testimony.
9:11:57 AM
REPRESENTATIVE OLSON moved to report the proposed House
committee substitute (HCS) for SB 200, Version 28-LS1382\U,
Wallace, 4/11/4, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, HCS SB 200(RLS) was reported from the House Rules
Standing Committee and is available for calendaring.
SB 201-NOTICE AGAINST TRESPASS
9:12:12 AM
CHAIR JOHNSON announced that the next order of business would be
CS FOR SENATE BILL NO. 201(JUD), "An Act relating to the crime
of trespass."
9:12:45 AM
DARWIN PETERSON, Staff, Senator Bert Stedman, Alaska State
Legislature, speaking on behalf of the sponsor, Senator Stedman,
paraphrased from the following written sponsor statement
[original punctuation provided]:
Current state law gives a person who enters or remains
on unimproved or apparently unused land the privilege
to do so unless notice against trespass is given.
There are two ways notice against trespass can be
given: 1)if the landowner or an authorized
representative personally communicates to the person
that trespass is prohibited; or 2)if "no trespass"
signs are posted. AS 11.46.350(c) specifies the
requirements for posting "no trespass" signs which
are:
o It must be printed in English
o It must be at least 144 square inches in
size;
o It must contain the name and address of the
landlord or an authorized representative;
o It must be posted at every roadway or access
point to the property;
o In the case of an island, it must be posted
on the perimeter of each cardinal point of
the island;
o Furthermore, the sign must state what
specific activities are prohibited such as
"no hunting", "no fishing", or "no digging."
[SB] 201 would repeal AS 11.46.350(c) from statute,
thereby removing the excessive requirements for
posting numerous no trespassing signs in order to
protect access to private property. If we don't do
this, intentional trespassers will continue to use
this section of statute as a legal defense to enter
and remain on private land. All they have to do is
find an access point that isn't posted.
Many Alaskans own private property in remote locations
with severe weather. No trespassing signs can be
blown down, removed by vandals, or covered by snow.
The lack of visible signage at every access point to
your property should not be a legitimate excuse for
trespassers. It should be the responsibility of the
individual to find out beforehand if the property they
want to use is public or private.
This won't result in a flood of criminal trespass
charges against the average citizen who is out for a
hike or wanders across someone's private land. In the
1987 case of Johnson v. State, the court established a
prerequisite for conviction for the offense of
criminal trespass. The state is obligated to prove
beyond a reasonable doubt that the defendant knowingly
remained on the premises after personally being
ordered to leave. Finally, this won't change the
legal right of a person to use private property in an
emergency. AS 11.46.340 provides an affirmative
defense against prosecution if someone enters and uses
private property in the case of immediate and dire
need.
9:15:15 AM
CHAIR JOHNSON opened public testimony on SB 201.
9:15:40 AM
ROD ARNO, Executive Director, Alaska Outdoor Council, began by
noting that the Alaska Outdoor Council (AOC) represents about 48
clubs and 10,000 Alaskans. Mr. Arno related his appreciation of
the timeliness of this legislation since at least 12 percent of
the state is private property much of which is undeveloped and
Alaska Native Claims Settlement Act (ANCSA) land that has been
transferred. Although the AOC does support private property
rights, he expressed concern with having the availability of
adequate mapping of what land is state, public domain land from
the Department of Natural Resources (DNR). He suggested that at
this point the state would be unable to provide coordinates for
state public land to Alaskans. Mr. Arno said that at this point
AOC doesn't oppose this legislation, but would like concerns
addressed later.
9:17:35 AM
AL BARRETTE echoed Mr. Arno's suggestion that the state begin
mapping the state lands and make that information available for
public technologies. He explained that without the boundaries,
the currently available technologies won't work. He then
related the following unintended consequences of posting or not
posting property. In July 2009, he was dipnetting on the Chitna
River and was approached by land officers of the local [Native]
corporation who claimed he was trespassing on their property and
demanded a $20 fine. He paid the $20 fine with the stipulation
that he didn't believe he was trespassing and would research the
matter. After researching the state maps, he determined he
wasn't on the [Native] corporation's land. However, it took
until December 1, 2009, to be reimbursed the $20 fine that was
collected. The situation illustrates that the trespassing issue
can go both ways in terms of claiming what is or is not private
property. Mr. Barrette then noted that he uses a lot of the
R.S. 2477 rights-of-way, which aren't mapped or surveyed. The
aforementioned could result in a troublesome situation in
determining whether one is trespassing on private property or
not. He encouraged the committee to approach this legislation
cautiously as there are many pitfalls to it.
9:19:55 AM
CHAIR JOHNSON, upon determining no one else wished to testify,
closed public testimony on SB 201.
9:20:16 AM
REPRESENTATIVE KELLER mentioned that the House Judiciary
Standing Committee heard the companion legislation and came to
the same conclusion: that although the legislation is not a
perfect solution, it is good legislation. He stated support for
CSSB 201(JUD).
9:20:56 AM
REPRESENTATIVE GRUENBERG pointed out that the companion
legislation to SB 201 is HB 375, both of which - in their
original forms - repealed subsection AS 11.46.350(b). However,
both SB 201 and HB 375 were amended to not repeal AS
11.46.350(b).
9:22:01 AM
REPRESENTATIVE OLSON moved to report SB 201 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, SB 201 was reported from the
House Rules Standing Committee.
9:22:21 AM
The committee took an at-ease from 9:22 a.m. to 9:24 a.m.
9:24:23 AM
REPRESENTATIVE OLSON moved that the committee rescind its action
in reporting SB 201 from the House Rules Standing Committee.
There being no objection, CSSB 201(JUD) was before the
committee.
9:24:37 AM
REPRESENTATIVE OLSON then moved to report CSSB 201(JUD) out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSSB 201(JUD) was
reported from the House Rules Standing Committee and is
available for calendaring.
HB 287-APPROVE TESORO ROYALTY OIL SALE
9:24:58 AM
CHAIR JOHNSON announced that the final order of business would
be HOUSE BILL NO. 287, "An Act approving and ratifying the sale
of royalty oil by the State of Alaska to Tesoro Corporation and
Tesoro Refining and Marketing Company LLC; and providing for an
effective date." [Before the committee was CSHB 287(FIN).]
9:25:05 AM
REPRESENTATIVE CHENAULT moved that the committee adopt Amendment
1, 28-GH2862\N.2, Nauman, 4/15/14, which read:
Page 1, line 3, following "refineries":
Insert "and hydrocarbon processing facilities"
Page 3, line 10, following "refinery":
Insert "or hydrocarbon processing facility"
Page 3, line 11, following "refinery":
Insert "or hydrocarbon processing facility"
Page 3, line 12, following "products":
Insert "or processed hydrocarbon products"
Page 3, line 18, following "refinery":
Insert "or hydrocarbon processing facility"
Page 4, following line 14:
Insert a new paragraph to read:
"(1) "processed hydrocarbon products" means
separate marketable elements, compounds, or mixtures
of oil or natural gas in a liquid or gaseous form,
including gasoline, diesel, jet fuel, gas, oil,
heating oil, kerosene, ammonia, and urea;"
Renumber the following paragraphs accordingly.
Page 4, line 18:
Delete "or petroleum-based feedstock"
Insert ", petroleum-based feedstock, or processed
hydrocarbon products"
CHAIR JOHNSON objected.
9:25:22 AM
TOM WRIGHT, Staff, House Majority Office, Alaska State
Legislature, explained that Amendment 1 would include Agrium
Plant in terms of the tax credits and any other credits included
in the legislation. Currently, Agrium is considering
inspection, assessment, and possible renovation of the existing
facility. The aforementioned is a $200 million project that
would require a temporary workforce of about 440 workers and
about $75 million in direct labor income over the two-year
rehab. The hydrocarbon processing facility would include the
Agrium Plant. Amendment 1 also changes the definition of
"processed hydrocarbon products" to include ammonia and urea.
9:26:39 AM
CHAIR JOHNSON, upon determining no one wished to testify, closed
public testimony on HB 287.
9:26:58 AM
CHAIR JOHNSON removed his objection. There being no further
objection, Amendment 1 was adopted.
9:27:18 AM
REPRESENTATIVE HAWKER requested that as this legislation moves
forward through the Senate that the agencies, particularly the
Department of Revenue (DOR) thoroughly review the tax credit
provisions in order to ensure they are the most cost efficient
and effective to achieve the desired outcome. He further
requested the DOR and the Department of Natural Resources review
the "qualified infrastructure expenditure" definition to ensure
it's clear, concise, and achieves the desired outcome. Since
DOR, according to the fiscal note, doesn't intend on adopting
regulations as a result of the passage of HB 287, the statute
has to be very clear and understandable.
9:29:13 AM
JOE BALASH, Commissioner, Department of Natural Resources,
ensured the committee that DNR will get DOR to review the
definition. He then thanked Representative Chenault for
Amendment 1 since DNR, in principle, supports the intention as
it's important to grow the gas-demand side in the Cook Inlet
Basin as it will drive exploration and development dollars. He
then committed to reviewing the language.
9:30:30 AM
REPRESENTATIVE OLSON moved to report CSHB 287(FIN), as amended,
out of committee with individual recommendations and the
forthcoming fiscal notes. There being no objection, CSHB
287(RLS) was reported from the House Rules Standing Committee
and is available for calendaring.
9:31:12 AM
ADJOURNMENT
There being no further business before the committee, the House
Rules Standing Committee meeting was adjourned at 9:31 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB0201A.pdf |
HRLS 4/16/2014 9:00:00 AM |
SB 201 |
| SB0201B.pdf |
HRLS 4/16/2014 9:00:00 AM |
SB 201 |
| CSSB 201(JUD) Sponsor Statement.pdf |
HRLS 4/16/2014 9:00:00 AM |
SB 201 |
| SB 201 Explanation of Changes.pdf |
HRLS 4/16/2014 9:00:00 AM |
SB 201 |
| SB0201-1-2-033114-ADM-N.pdf |
HRLS 4/16/2014 9:00:00 AM |
SB 201 |
| SB0201-2-2-033114-ADM-Y.pdf |
HRLS 4/16/2014 9:00:00 AM |
SB 201 |
| SB0201-3-2-033114-COR-N.pdf |
HRLS 4/16/2014 9:00:00 AM |
SB 201 |
| SB0201-4-2-033114-DPS-N.pdf |
HRLS 4/16/2014 9:00:00 AM |
SB 201 |
| SB0201-5-2-033114-DPS-N.pdf |
HRLS 4/16/2014 9:00:00 AM |
SB 201 |
| SB0201-6-2-033114-LAW-Y.pdf |
HRLS 4/16/2014 9:00:00 AM |
SB 201 |
| SB0201-7-2-040814-ADM-N.pdf |
HRLS 4/16/2014 9:00:00 AM |
SB 201 |
| SB0201-8-2-040814-COR-N.pdf |
HRLS 4/16/2014 9:00:00 AM |
SB 201 |
| HB 287 Amendment GH2862.N.2.pdf |
HRLS 4/16/2014 9:00:00 AM |
HB 287 |