Legislature(2005 - 2006)BUTROVICH 205

03/22/2006 08:30 AM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved CSHB 379(JUD) Out of Committee
<Bill Hearing Postponed to 03/23/06>
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 22, 2006                                                                                         
                           8:39 a.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Senator Ralph Seekins, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Hollis French                                                                                                           
Senator Gretchen Guess                                                                                                          
MEMBERS ABSENT                                                                                                                
Senator Gene Therriault                                                                                                         
COMMITTEE CALENDAR                                                                                                            
CS FOR HOUSE BILL NO. 379(JUD)                                                                                                  
"An  Act  relating to  scheduling  as  a Schedule  IA  controlled                                                               
substance   gamma-hydroxybutyric   acid   and   certain   similar                                                               
     MOVED CSHB 379(JUD) OUT OF COMMITTEE                                                                                       
CS FOR HOUSE BILL NO. 408(FIN) am                                                                                               
"An Act relating  to the standard of proof  required to terminate                                                               
parental  rights in  child- in-need-of-aid  proceedings; relating                                                               
to  a  healing  arts  practitioner's   duty  to  report  a  child                                                               
adversely  affected   by  or  withdrawing  from   exposure  to  a                                                               
controlled  substance  or  alcohol;  relating  to  disclosure  of                                                               
confidential or privileged information  about certain children by                                                               
the   Departments    of   Health   and   Social    Services   and                                                               
Administration;  relating to  permanent  fund  dividends paid  to                                                               
foster children  and adopted children;  amending Rule  18, Alaska                                                               
Child in  Need of Aid  Rules of  Procedure; and providing  for an                                                               
effective date."                                                                                                                
     BILL HEARING POSTPONED TO 3/23/06                                                                                          
CS FOR HOUSE BILL NO. 318(FIN) am                                                                                               
"An Act limiting the exercise of eminent domain."                                                                               
     HEARD AND HELD                                                                                                             
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: HB 379                                                                                                                  
SHORT TITLE: CONTROLLED SUBSTANCES, INCL. ANALOGS                                                                               
SPONSOR(s): REPRESENTATIVE(s) MEYER                                                                                             
01/18/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/06       (H)       JUD, FIN                                                                                               
01/27/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/27/06       (H)       Heard & Held                                                                                           
01/27/06       (H)       MINUTE(JUD)                                                                                            
02/06/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/06/06       (H)       Moved CSHB 379(JUD) Out of Committee                                                                   
02/06/06       (H)       MINUTE(JUD)                                                                                            
02/08/06       (H)       JUD RPT CS(JUD) NT 3DP 1NR                                                                             
02/08/06       (H)       DP: WILSON, KOTT, MCGUIRE;                                                                             
02/08/06       (H)       NR: COGHILL                                                                                            
02/14/06       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
02/14/06       (H)       Moved CSHB 379(JUD) Out of Committee                                                                   
02/14/06       (H)       MINUTE(FIN)                                                                                            
02/15/06       (H)       FIN RPT CS(JUD) NT 9DP 1NR                                                                             
02/15/06       (H)       DP: STOLTZE, KERTTULA, JOULE, HAWKER,                                                                  
                         WEYHRAUCH, MOSES, HOLM, FOSTER, MEYER;                                                                 
02/15/06       (H)       NR: KELLY                                                                                              
02/24/06       (H)       TRANSMITTED TO (S)                                                                                     
02/24/06       (H)       VERSION: CSHB 379(JUD)                                                                                 
02/27/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/27/06       (S)       HES, JUD                                                                                               
03/13/06       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
03/13/06       (S)       Moved CSHB 379(JUD) Out of Committee                                                                   
03/13/06       (S)       MINUTE(HES)                                                                                            
03/15/06       (S)       HES RPT 5DP                                                                                            
03/15/06       (S)       DP: DYSON, ELTON, WILKEN, GREEN, OLSON                                                                 
03/22/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
BILL: HB 318                                                                                                                  
SHORT TITLE: LIMITATION ON EMINENT DOMAIN                                                                                       
SPONSOR(s): REPRESENTATIVE(s) MCGUIRE, HOLM, HAWKER                                                                             
01/09/06       (H)       PREFILE RELEASED 12/30/05                                                                              
01/09/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/09/06       (H)       JUD, FIN                                                                                               
01/11/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/11/06       (H)       Heard & Held                                                                                           
01/11/06       (H)       MINUTE(JUD)                                                                                            
01/25/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/25/06       (H)       Heard & Held                                                                                           
01/25/06       (H)       MINUTE(JUD)                                                                                            
02/01/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/01/06       (H)       -- Meeting Canceled --                                                                                 
02/03/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/03/06       (H)       Moved CSHB 318(JUD) Out of Committee                                                                   
02/03/06       (H)       MINUTE(JUD)                                                                                            
02/06/06       (H)       JUD RPT CS(JUD) NT 3DP 1NR 2AM                                                                         
02/06/06       (H)       DP: WILSON, ANDERSON, MCGUIRE;                                                                         
02/06/06       (H)       NR: GRUENBERG;                                                                                         
02/06/06       (H)       AM: GARA, KOTT                                                                                         
02/09/06       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
02/09/06       (H)       Moved CSHB 318(FIN) Out of Committee                                                                   
02/09/06       (H)       MINUTE(FIN)                                                                                            
02/10/06       (H)       FIN RPT CS(FIN) NT 2DP 3NR 3AM                                                                         
02/10/06       (H)       DP: HAWKER, MEYER;                                                                                     
02/10/06       (H)       NR: KERTTULA, JOULE, WEYHRAUCH;                                                                        
02/10/06       (H)       AM: STOLTZE, HOLM, FOSTER                                                                              
02/21/06       (H)       TRANSMITTED TO (S)                                                                                     
02/21/06       (H)       VERSION: CSHB 318(FIN) AM                                                                              
02/22/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/06       (S)       JUD, FIN                                                                                               
03/02/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/02/06       (S)       Heard & Held                                                                                           
03/02/06       (S)       MINUTE(JUD)                                                                                            
03/09/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/09/06       (S)       Heard & Held                                                                                           
03/09/06       (S)       MINUTE(JUD)                                                                                            
03/21/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/21/06       (S)       Scheduled But Not Heard                                                                                
03/22/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
WITNESS REGISTER                                                                                                              
Michael Pawlowski, Legislative Aide                                                                                             
Staff to Representative Kevin Meyer                                                                                             
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT: Introduced HB 379                                                                                         
Annie Carpeneti, Assistant Attorney General                                                                                     
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT: Answered questions regarding HB 379                                                                       
Craig Johnson, Legislative Aide                                                                                                 
Staff to Representative Lesil McGuire                                                                                           
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT: Introduced HB 318                                                                                         
ACTION NARRATIVE                                                                                                              
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to  order at 8:39:27 AM.  Present were Senators                                                             
Hollis French,  Charlie Huggins, Gretchen Guess,  and Chair Ralph                                                               
          HB 379-CONTROLLED SUBSTANCES, INCL. ANALOGS                                                                       
8:39:52 AM                                                                                                                    
CHAIR  RALPH  SEEKINS  announced  CSHB  379(JUD)  to  be  up  for                                                               
MICHAEL   PAWLOWSKI,   Staff   to  Representative   Kevin   Meyer                                                               
introduced the  bill. Gamma-hydroxybutyric acid,  otherwise known                                                               
as GHB, is  a drug that, when ingested,  elicits feelings similar                                                               
to  intense  intoxication.  It  is   easily  added  to  a  drink,                                                               
difficult  to detect,  and  leaves the  system  quickly. GHB  has                                                               
become a popular "date rape"  drug and has been recently elevated                                                               
at the  federal level to  a schedule  1 narcotic. The  bill would                                                               
add the drug to Alaska's list of schedule 1A narcotics.                                                                         
8:43:29 AM                                                                                                                    
CHAIR SEEKINS  asked whether the  Department of Law  supports the                                                               
ANNE  CARPENETI, Assistant  Attorney General,  Department of  Law                                                               
(DOL) said yes.                                                                                                                 
CHAIR SEEKINS noted there were no  questions and no one signed up                                                               
to testify and so he closed public testimony.                                                                                   
8:45:14 AM                                                                                                                    
SENATOR  HUGGINS   moved  CSHB   379(JUD)  from   committee  with                                                               
individual recommendations and attached  fiscal notes. Hearing no                                                               
objections, the motion carried.                                                                                                 
              HB 318-LIMITATION ON EMINENT DOMAIN                                                                           
8:49:21 AM                                                                                                                    
CHAIR  RALPH SEEKINS  announced CSHB  318(FIN)  AM to  be up  for                                                               
SENATOR HOLLIS FRENCH commented that  he read the Kelo case [Kelo                                                               
versus  City of  New London]  and that  the case  centered on  an                                                               
urban redevelopment  plan in  a downtrodden  area of  New London,                                                               
Connecticut. The  upshot was  that people who  lived there  for a                                                               
long time were going to  lose their property. Pfizer was planning                                                               
on building a  company there. The woman in the  case lived in her                                                               
house  since birth  in 1918.  The US  Supreme Court  5-4 decision                                                               
upheld the taking  and Justice O'Conner, who  was opposed, wrote,                                                               
"Under the  banner of economic development,  all private property                                                               
is  now vulnerable  to  being taken  and  transferred to  another                                                               
private owner so long as it might be upgraded."                                                                                 
SENATOR FRENCH  continued the decision  that Alaska must  make is                                                               
"what does  public use mean?"  Justice Thomas said that  he would                                                               
revisit  the public  use  clause and  consider  returning to  the                                                               
original meaning of  the public use clause -  that the government                                                               
would take property only if it  actually uses or gives the public                                                               
a legal right to use the property.                                                                                              
8:52:27 AM                                                                                                                    
SENATOR  FRENCH  stated  the  transfer  of  property  simply  for                                                               
upgrade  is  too  great  of  power  to  put  into  the  hands  of                                                               
government and so he is behind that part of the bill.                                                                           
8:53:48 AM                                                                                                                    
CRAIG JOHNSON,  Staff to Representative  Lesil McGuire,  said the                                                               
overriding concern across  the country is the  taking of people's                                                               
homes. The  home takes  a little higher  priority than  perhaps a                                                               
back lot  and there are provisions  built into the bill  that are                                                               
meant to protect the home.                                                                                                      
8:57:26 AM                                                                                                                    
SENATOR GRETCHEN  GUESS stated she  had difficulty with  the lack                                                               
of definition for "recreation."                                                                                                 
MR. JOHNSON admitted that was a problematic thing to define.                                                                    
9:01:19 AM                                                                                                                    
CHAIR SEEKINS said the intent of  the committee was not to end up                                                               
with a 200-page document for the courts to have to deal with.                                                                   
SENATOR  FRENCH  said  the  problem  was  with  the  intersection                                                               
between public  use and recreational  use. Justice  O'Connor made                                                               
categories of  what public use  is. She  said there are  two easy                                                               
categories and  there is a third  hard one and that  is where the                                                               
Kelo case came  down. The two easy ones  are controversial. First                                                               
the sovereign may transfer property  to public ownership, such as                                                               
for a  road, hospital  or military base.  Also the  sovereign may                                                               
transfer  private  property  to  private  parties  who  make  the                                                               
property available  to public  use, such as  a public  utility or                                                               
The conflict exists  in a situation of a canoe  launch at a river                                                               
and  that   splits  the   argument  of   whether  that   use  was                                                               
recreational  or  not.  He  cited the  example  of  the  Seahawks                                                               
Stadium in  Seattle where  they tore down  the stadium  and built                                                               
another and  that one  could argue  both ways  of whether  or not                                                               
that was recreational use or economical.                                                                                        
9:03:48 AM                                                                                                                    
SENATOR  CHARLIE   HUGGINS  suggested  they  were   witnessing  a                                                               
scenario where the  system went too far and so  the bill seems to                                                               
swing too  far the other way.  He said he was  uncomfortable with                                                               
the bill but supportive of the idea.                                                                                            
9:06:03 AM                                                                                                                    
SENATOR GUESS  said the  difficulty of the  exemption on  page 6,                                                               
line 4  was the  phrase "rather  than primarily  for recreation,"                                                               
and  the example  that Senator  French said  could not  be argued                                                               
under that  provision because a road  to a canoe launch  could be                                                               
MR.  JOHNSON  said  the Department  of  Natural  Resources  (DNR)                                                               
drafted the  language and the  intent was  to allow access  to an                                                               
inaccessible trail.                                                                                                             
SENATOR  GUESS  asked  whether a  for-profit  hospital  would  be                                                               
SENATOR FRENCH said yes, if it were defined as a private person.                                                                
CHAIR  SEEKINS  speculated that  all  committee  members were  in                                                               
favor  of the  concept of  the bill  but they  want to  make sure                                                               
there  are no  unacceptable unintended  consequences. The  Alaska                                                               
Municipal League (AML) approached him  and asked the committee to                                                               
allow  a city  council, through  public  process, to  be able  to                                                               
override the provision.                                                                                                         
9:09:45 AM                                                                                                                    
SENATOR FRENCH said the way  the bill is phrased, the Legislature                                                               
can  approve an  economic taking  of private-to-private  transfer                                                               
but the  Legislature cannot approve a  recreational facility. The                                                               
exemption is listed in subsection  (e). The local authority would                                                               
only  extend to  a  private-to-private transfer  and  never to  a                                                               
recreational facility.                                                                                                          
MR. JOHNSON  reported it was not  the intent to have  an absolute                                                               
moratorium on recreational  facilities. He said he  would have an                                                               
attorney look closer  at that point and would accept  a clause to                                                               
allow  an out  for that.  As far  as the  municipality having  an                                                               
overriding ability, that  has been an item of  discussion to date                                                               
and if  they established a  high level  of standard to  meet that                                                               
protects the intent of the bill then it could be acceptable.                                                                    
9:14:18 AM                                                                                                                    
CHAIR SEEKINS asserted  that a decision of  that magnitude should                                                               
be made fully  in the open with the people  being able to comment                                                               
and vote  on it. Because of  the complex legal situations  of the                                                               
day many things should be  considered when considering the taking                                                               
of property.                                                                                                                    
SENATOR FRENCH  reminded the  committee that,  in the  Kelo case,                                                               
the city council  had delegated the responsibility  of the taking                                                               
of private land for economic  development to a non-profit entity.                                                               
There was a lack of accountability and that could happen again.                                                                 
9:16:33 AM                                                                                                                    
CHAIR  SEEKINS said  he saw  an article  where a  New York  mayor                                                               
proposed to  use eminent  domain to take  a privately  owned golf                                                               
course and  give it to the  area homeowners in order  to increase                                                               
their property value.                                                                                                           
SENATOR GUESS  said people  could easily get  around the  bill by                                                               
creating a non-profit  entity. Also amendments can be  put into a                                                               
bill at the final hour without going through a public hearing.                                                                  
9:19:01 AM                                                                                                                    
MR. JOHNSON  replied a non-profit  by definition is  considered a                                                               
private person so that would be private-to-private transfer.                                                                    
9:23:13 AM                                                                                                                    
CHAIR SEEKINS said  he has never seen a city  take someone's back                                                               
yard  for  a  municipal  baseball  field.  The  250  linear  feet                                                               
continues to  be an  object of discussion  and some  people would                                                               
prefer well over  1,000 feet. He asked whether the  250 feet came                                                               
about because of the coastal trail.                                                                                             
MR. JOHNSON  responded that  was not  entirely correct.  The bill                                                               
came about to protect private  homes from municipalities. The 250                                                               
feet  was an  arbitrary number  and ensures  a certain  amount of                                                               
privacy if someone were to take part of another's private rural                                                                 
9:28:31 AM                                                                                                                    
CHAIR SEEKINS said the committee would look at some of the                                                                      
concerns and continue to hear the bill.                                                                                         
9:30:45 AM                                                                                                                    
CHAIR SEEKINS held the bill in committee.                                                                                       
There being no further business to come before the committee,                                                                   
Chair Seekins adjourned the meeting at 9:31:23 AM.                                                                            

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