Legislature(1999 - 2000)
04/19/1999 01:37 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE
April 19, 1999
1:37 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Rick Halford, Vice-Chairman
Senator Dave Donley
MEMBERS ABSENT
Senator John Torgerson
Senator Johnny Ellis
COMMITTEE CALENDAR
SENATE BILL NO. 45
"An Act relating to tort immunity for personal injuries or death
occurring on land; relating to the vacation by the state or a
municipality of rights-of-way acquired by the state under former 43
U.S.C. 932; and providing for an effective date."
-MOVED CSSB 45(JUD) OUT OF COMMITTEE
SENATE BILL NO. 109
"An Act relating to prohibited campaign contributions; and
providing for an effective date."
-HEARD AND HELD
PREVIOUS SENATE COMMITTEE ACTION
SB 45 - No previous action to report.
SB 109 - No previous action to report.
WITNESS REGISTER
Mr. Brett Huber
Staff to Senator Rick Halford
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented SB 45
Mr. Bryan Merrell
7751 Charlotte Circle
Anchorage, AK 99502
POSITION STATEMENT: Opposed SB 45
Mr. Bill Eastham
HC 03, Box 8286
Anchorage, AK 99646
POSITION STATEMENT: Supported SB 45
Mr. Lee Johnson
2650 Dale Road
Fairbanks, AK 99709
POSITION STATEMENT: Supported SB 45
Ms. Margret Seeley
PO Box 962
Homer, AK 99603
POSITION STATEMENT: Supported SB 45
Mr. Mike Eastham, Snomads
PO Box 3646
Homer, AK 99603
POSITION STATEMENT: Supported SB 45
Mr. Tim Krug
290 East Herning
Wasilla, AK 99654
POSITION STATEMENT: Supported SB 45
Mr. Howard Davis
Caribou Cabin Hoppers
PO Box 395
Clam Gulch, AK 99568
POSITION STATEMENT: Supported SB 45
Mr. Lance Stevens
Alaska State Snowmobilers Association
17419 Kantishna
Anchorage, AK 99577
POSITION STATEMENT: Supported SB 45
Mr. Tim Borgstrom
Alaska Economic Development Council
900 West 9th
Anchorage, AK 99501
POSITION STATEMENT: Supported SB 45
ACTION NARRATIVE
TAPE 99-27, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:37 and announced SB 45 would be the first order of
business.
SB 45-LAND OWNER IMMUNITY/ RT-OF-WAY VACATION
MR. BRETT HUBER, staff to Senator Rick Halford, testified that SB
45 will preserve and expand recreational access for Alaskans and
visitors to Alaska by providing limited immunity for landowners who
allow their land to be used as recreational easements.
MR. HUBER testified the bill is supported by the Division of Parks,
the Municipality of Anchorage, the Anchorage Economic Development
Corporation, the City of Wasilla, the Alaska State Chamber of
Commerce and the Alaska Outdoor Council.
MR. HUBER said the committee substitute proposed to the committee
offers limited immunity to landowners who grant public access to
the easement. Limited immunity applies to damages arising out of a
person's recreational use, where there is no payment for the
recreational use. MR. HUBER stated SB 45 also makes a technical
correction to the statutes governing vacation of RS2477 rights-of-
way and section line easements.
Number 058
SENATOR HALFORD moved the adoption of the committee substitute.
Without objection, the committee substitute was adopted.
CHAIRMAN TAYLOR explained SENATOR DONLEY was needed in the finance
committee, though it was his intent to move the bill. He
acknowledged there were several groups on record supporting the
bill and he asked if anyone wished to testify in opposition to SB
45.
MR. BRYAN MERRELL, representing First American Title Insurance Co.,
opposed the bill. MR. MERRELL said SB 45 is based somewhat on the
RS 2477 rights-of-way and lacks definition. He fears the bill may
unnecessarily cloud titles and he thinks "We could seek to define
these better before we seek to limit the ability of people to
obtain vacations."
MR. BILL EASTHAM stated he supports SB 45.
Number 128
MR. LEE JOHNSON said he supports legislation limiting liability,
but he prefers to see the bill in its original form, referring to
all land, and not limited to recreational land.
MS. MARGRET SEELEY stated she supports SB 45, but agrees with MR.
JOHNSON.
MR. MIKE EASTHAM, representing SNOMADS snowmachine club, testified
in support of the bill.
Number 146
MR. TIM KRUG, representing the City of Wasilla, supported SB 45.
MR. HOWARD DAVIS, representing the Caribou Hills Cabin Hoppers
snowmobile club, stated his support for SB 45.
MR. LANCE STEVENS, representing the Alaska State Snowmobile
Association, spoke in favor of SB 45.
MR. TIM BERGSTROM stated the Anchorage Economic Development
Corporation supports SB 45.
Number 166
SENATOR HALFORD moved CSSB 45(JUD) from committee with individual
recommendations and the accompanying fiscal note. Without
objection, the bill moved from committee.
SB 109-CAMPAIGN FUNDRAISING
CHAIRMAN TAYLOR announced SB 109 would be up for discussion.
Number 171
SENATOR HALFORD moved to adopt the committee substitute for SB
109(JUD). Without objection, the committee substitute was adopted.
SENATOR DONLEY stated he would defer to the sectional analysis of
CSSB 109(JUD) for an explanation of the bill. He stated the bill
conforms to the AK Supreme Court decision released over the weekend
and makes additional changes to alleviate problems that have
recently developed.
Number 199
MS. SUSIE BARNETT, staff to the Select Committee on Legislative
Ethics, testified regarding the changes to the Ethics Code
beginning on page 11 of the bill.
MS. BARNETT pointed out there were changes to the Ethics Code,
making it more permissive to legislators, that took effect four
months ago.
MS. BARNETT testified that the deletions proposed in section 15 of
the bill, change current law which prohibits legislators and
legislative employees from using public resources for non-
legislative purposes, for political activities or for a person's
private benefit, and is a major policy change. MS. BARNETT said
that is a policy call for the Legislature to make, but she wanted
legislators to recognize "it is a policy shift."
MS. BARNETT particularly noted the absence of any reference to
"private benefit" in the proposed amended language, which is
prohibited under the current language. MS. BARNETT suggested this
may be an oversight.
MS. BARNETT said Section 16 I (1) appears to make a change allowing
the display and dissemination of campaign material in and from
private offices. MS. BARNETT said she is aware of the discussion
in the Legislature regarding the legality of campaigning and
fundraising activities of seated legislators during the legislative
session. She suggested the Legislature may wish to request a legal
opinion on the Supreme Court decision, particularly as it relates
to the restrictions on accepting campaign contributions during the
session. MS. BARNETT believed if the Legislature amended the Ethic
Code to allow acceptance of contributions during session, the
public members of the Ethics Committee might look at more
restrictive language governing the use of State resources.
Number 280
MS. BARNETT stated Section 16 needs further review by the Ethics
Committee, since the new two-tiered approach separates legislators
from legislative employees and the committee would want to ensure
employees are not put at risk by actions taken by legislators. MS.
BARNETT concluded that the Ethics Committee "would like and
deserves time to evaluate these proposed changes and take a look at
the full Code."
MS. BARNETT suggested Section 17 could allow the solicitation and
acceptance of inappropriate gifts. She said she did not believe
this was the intent of the provision.
MS. BARNETT stated Section 18 directs the Ethics Committee to
"think a certain way." She has never seen a statutory directive
like this. MS. BARNETT remarked that this section also represents
a policy shift in saying the law should be interpreted in the way
"least restrictive to legislators."
MS. BARNETT spoke on behalf of the Ethics Committee in saying they
would like the opportunity to review the proposed changes and work
with the Judiciary Committee in an effort to maintain and promote
ethical standards.
Number 316
CHAIRMAN TAYLOR remarked he was troubled by some of MS. BARNETT's
questions. He said, "There seems to be an attitude . . . that no
legislator is allowed to be a citizen while he is being a
legislator . . . " He gave an example of activity by a legislator
using state equipment for a personal use and perhaps even private
gain. He gave a hypothetical example of his wife calling and
informing him of a plumbing leak in his Wrangell home, flooding his
home as well as the room rented to a tenant. He said he might need
to call his wife back and call some plumbers in Wrangell as well.
He said this would be of personal, and perhaps even financial
benefit to him. He commented, "I think that is something that most
people would consider rather reasonable, that my wife should be
able to make that phone call to me and that I should be able to
respond to her." He said according to the interpretation of the
Ethics Committee, he would have to leave the building and use a pay
phone, yet the Governor can fly to Kodiak during the legislative
session, using the assets of the State Troopers and conduct two
fund-raisers. He concluded, "It seems to me there is a bit of a
double standard out there."
CHAIRMAN TAYLOR commented that the interpretations of the Ethics
Committee should revolve around the practical real life of being a
citizen legislator, since legislators are not full time employees.
He asked where the common sense is.
CHAIRMAN TAYLOR stated his intent to work closely with the Ethics
Committee and Senators Donley and Hoffman on SB 109.
CHAIRMAN TAYLOR announced he is serious about this legislation and
appreciates MS. BARNETT's comments.
With nothing further to come before the committee, CHAIRMAN TAYLOR
adjourned the meeting at 2:02 p.m.
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