Legislature(2005 - 2006)BUTROVICH 205

04/06/2006 08:30 AM JUDICIARY

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Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
Heard & Held
Moved SCS CSHB 400(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 6, 2006                                                                                          
                           8:35 a.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Senator Ralph Seekins, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Gene Therriault                                                                                                         
Senator Hollis French                                                                                                           
Senator Gretchen Guess                                                                                                          
MEMBERS ABSENT                                                                                                                
All members present                                                                                                             
COMMITTEE CALENDAR                                                                                                            
CS FOR HOUSE BILL NO. 318(FIN) am                                                                                               
"An Act limiting the exercise of eminent domain."                                                                               
     HEARD AND HELD                                                                                                             
CS FOR HOUSE BILL NO. 400(FIN)                                                                                                  
"An Act relating to confiscation of firearms during disaster                                                                    
     MOVED SCS CSHB 400(JUD) OUT OF COMMITTEE                                                                                   
CS FOR HOUSE BILL NO. 272(FIN) am                                                                                               
"An  Act  relating  to  card   rooms  and  card  operations,  and                                                               
permitting issuance of  a license to own a card  room and conduct                                                               
card games  in a  municipality of the  state if  the municipality                                                               
has  adopted  an  ordinance,  ratified   by  a  majority  of  the                                                               
municipal voters  voting on the question,  authorizing card rooms                                                               
and card games in that municipality."                                                                                           
     HEARD AND HELD                                                                                                             
PREVIOUS COMMITTEE ACTION                                                                                                     
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                                                                           
03/22/06       (S)       Heard & Held                                                                                           
03/22/06       (S)       MINUTE(JUD)                                                                                            
03/28/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/28/06       (S)       Heard & Held                                                                                           
03/28/06       (S)       MINUTE(JUD)                                                                                            
03/30/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/30/06       (S)       -- Meeting Canceled --                                                                                 
04/04/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/04/06       (S)       Heard & Held                                                                                           
04/04/06       (S)       MINUTE(JUD)                                                                                            
BILL: HB 400                                                                                                                  
SHORT TITLE: CONFISCATION OF FIREARMS                                                                                           
SPONSOR(s): REPRESENTATIVE(s) COGHILL                                                                                           
01/27/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/27/06       (H)       JUD, FIN                                                                                               
02/13/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/13/06       (H)       Heard & Held                                                                                           
02/13/06       (H)       MINUTE(JUD)                                                                                            
02/17/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/17/06       (H)       Moved CSHB 400(JUD) Out of Committee                                                                   
02/17/06       (H)       MINUTE(JUD)                                                                                            
02/21/06       (H)       JUD RPT CS(JUD) 4DP 1NR 1AM                                                                            
02/21/06       (H)       DP: COGHILL, ANDERSON, KOTT, MCGUIRE;                                                                  
02/21/06       (H)       NR: GARA;                                                                                              
02/21/06       (H)       AM: GRUENBERG                                                                                          
03/07/06       (H)       FIN AT 9:00 AM HOUSE FINANCE 519                                                                       
03/07/06       (H)       Moved CSHB 400(FIN) Out of Committee                                                                   
03/07/06       (H)       MINUTE(FIN)                                                                                            
03/09/06       (H)       FIN RPT CS(FIN) NT 7DP 1NR                                                                             
03/09/06       (H)       DP: KELLY, STOLTZE, JOULE, HAWKER,                                                                     
                         WEYHRAUCH, MEYER, CHENAULT;                                                                            
03/09/06       (H)       NR: KERTTULA                                                                                           
03/24/06       (H)       TRANSMITTED TO (S)                                                                                     
03/24/06       (H)       VERSION: CSHB 400(FIN)                                                                                 
03/27/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/27/06       (S)       JUD, FIN                                                                                               
04/04/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/04/06       (S)       Heard & Held                                                                                           
04/04/06       (S)       MINUTE(JUD)                                                                                            
BILL: HB 272                                                                                                                  
SHORT TITLE: CARD ROOMS & OPERATIONS                                                                                            
SPONSOR(s): REPRESENTATIVE(s) KOTT                                                                                              
04/18/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/18/05       (H)       L&C, JUD, FIN                                                                                          
04/21/05       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
04/21/05       (H)       Moved Out of Committee                                                                                 
04/21/05       (H)       MINUTE(L&C)                                                                                            
04/22/05       (H)       L&C RPT 2DP 2DNP 2NR                                                                                   
04/22/05       (H)       DP: KOTT, ANDERSON;                                                                                    
04/22/05       (H)       DNP: CRAWFORD, GUTTENBERG;                                                                             
04/22/05       (H)       NR: LEDOUX, ROKEBERG                                                                                   
04/26/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/26/05       (H)       Moved CSHB 272(JUD) Out of Committee                                                                   
04/26/05       (H)       MINUTE(JUD)                                                                                            
04/27/05       (H)       JUD RPT CS(JUD) NT 2DP 1DNP 3NR                                                                        
04/27/05       (H)       DP: KOTT, ANDERSON;                                                                                    
04/27/05       (H)       DNP: DAHLSTROM;                                                                                        
04/27/05       (H)       NR: GRUENBERG, GARA, MCGUIRE                                                                           
04/29/05       (H)       FIN AT 8:30 AM HOUSE FINANCE 519                                                                       
04/29/05       (H)       Moved CSHB 272(FIN) Out of Committee                                                                   
04/29/05       (H)       MINUTE(FIN)                                                                                            
04/30/05       (H)       FIN RPT CS(FIN) 2DP 1DNP 4NR                                                                           
04/30/05       (H)       DP: FOSTER, MOSES;                                                                                     
04/30/05       (H)       DNP: KELLY;                                                                                            
04/30/05       (H)       NR: HOLM, WEYHRAUCH, MEYER, CHENAULT                                                                   
05/03/05       (H)       MOVED TO BOTTOM OF CALENDAR                                                                            
05/03/05       (H)       ADJOURNED TO 5/4                                                                                       
05/04/05       (H)       BEFORE THE HOUSE                                                                                       
05/07/05       (H)       TRANSMITTED TO (S)                                                                                     
05/07/05       (H)       VERSION: CSHB 272(FIN) AM                                                                              
05/08/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/08/05       (S)       JUD, FIN                                                                                               
03/23/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/23/06       (S)       -- Meeting Canceled --                                                                                 
03/29/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/29/06       (S)       Heard & Held                                                                                           
03/29/06       (S)       MINUTE(JUD)                                                                                            
04/06/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
WITNESS REGISTER                                                                                                              
Craig Johnson, Legislative Aide                                                                                                 
Staff to Representative Lesil McGuire                                                                                           
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Answered questions regarding HB 318                                                                      
Peter Putzier, Senior Assistant Attorney General                                                                                
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Answered questions regarding HB 318                                                                      
Representative John Coghill                                                                                                     
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Answered questions regarding HB 400                                                                      
Dean Guaneli, Chief Assistant Attorney General                                                                                  
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Answered questions regarding HB 400                                                                      
Michael O'Hare, Legislative Aide                                                                                                
Staff to Representative Pete Kott                                                                                               
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Answered questions regarding HB 272                                                                      
Edward James                                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 272                                                                           
Robert Hall, Vice President                                                                                                     
Chamber of Commerce                                                                                                             
Houston, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support of HB 272                                                                           
Link Fannon, City Councilman                                                                                                    
Houston, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support of HB 272                                                                           
Ruth Blanchard, City Councilman                                                                                                 
Houston, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support of HB 272                                                                           
Rosemary Burnett, Deputy Mayor                                                                                                  
Houston, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support of HB 272                                                                           
Melissa Parker                                                                                                                  
Alaska Poker Association                                                                                                        
POSITION STATEMENT:  Testified in support of HB 272                                                                           
ACTION NARRATIVE                                                                                                              
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to  order at 8:35:53 AM.  Present were Senators                                                             
Hollis French,  Charlie Huggins, Gretchen Guess,  and Chair Ralph                                                               
              HB 318-LIMITATION ON EMINENT DOMAIN                                                                           
8:36:19 AM                                                                                                                    
CHAIR RALPH SEEKINS announced CSHB 318(FIN) AM to be up for                                                                     
CRAIG JOHNSON,  Staff to Representative Lesil  McGuire, and PETER                                                               
PUTZIER,  Senior Assistant  Attorney General,  Department of  Law                                                               
(DOL), introduced themselves for the record.                                                                                    
8:37:04 AM                                                                                                                    
Senator Gene Therriault joined the meeting.                                                                                     
CHAIR SEEKINS reminded  the committee that they  were working off                                                               
version  X.A. He  reviewed the  previously adopted  amendments to                                                               
the bill.                                                                                                                       
8:39:41 AM                                                                                                                    
SENATOR  HOLLIS  FRENCH noted  there  has  not been  a  committee                                                               
substitute (CS) since the amendments.                                                                                           
CHAIR SEEKINS  again reviewed  the previously  adopted amendments                                                               
to the bill.                                                                                                                    
8:41:06 AM                                                                                                                    
MR.  JOHNSON  advised  the  committee  that  there  were  further                                                               
proposed amendments  in their packets.  These are in  response to                                                               
the committee's suggestions during  the previous bill hearing and                                                               
also  from  the  drafter's  suggestions.   He  advised  that  the                                                               
proposed amendment titled 24-LS1083\XA.16  would delete the words                                                               
"personal residence" on page 4, lines  12, 13, and 21 and replace                                                               
it with the words "privately owned residence."                                                                                  
CHAIR SEEKINS  noted that in order  to do so the  committee would                                                               
have to amend the findings section  of the bill in order to match                                                               
the other sections that referred  to "privately owned residence."                                                               
He asked Mr. Putzier to comment.                                                                                                
MR. PUTZIER advised that "personal  residence" is already defined                                                               
in  statute  and  that  it   is  better  to  be  consistent  with                                                               
terminology.  He  did  not  see  a  need  to  change  the  intent                                                               
SENATOR  GRETCHEN GUESS  asked the  reason  the committee  didn't                                                               
just delete  "landowners" so  that "personal  residence" remained                                                               
consistent. She said she forgot  the reason the committee changed                                                               
the language from "landowners personal" to "privately owned."                                                                   
CHAIR SEEKINS said he didn't recall the reason either.                                                                          
MR.  JOHNSON responded  that  it came  out of  a  meeting in  the                                                               
Chairman's office.                                                                                                              
CHAIR SEEKINS set 24-LS1083\XA.16 aside.                                                                                        
MR.  JOHNSON referred  to 24-LS1083\XA.17  as purely  a technical                                                               
fix. The new language in the bill should have been underlined.                                                                  
SENATOR   CHARLIE  HUGGINS   moved   Amendment   7.  Hearing   no                                                               
objections, the amendment was adopted.                                                                                          
8:45:37 AM                                                                                                                    
MR. JOHNSON  advised that 24-LS1083\XA.18  was an  amendment that                                                               
would protect the home of a beneficiary of a trust.                                                                             
CHAIR SEEKINS clarified that the  amendment basically states that                                                               
if the  beneficiary of  a trust has  occupied the  residence then                                                               
that person's home is protected.                                                                                                
MR. JOHNSON said he spoke to  a real estate professional who told                                                               
him that  there is nothing  that assures that type  of disclosure                                                               
in  the disclosure  statement and  so the  amendment is  sound in                                                               
that it would protect that new homeowner.                                                                                       
SENATOR  HUGGINS  moved  Amendment   8.  Hearing  no  objections,                                                               
Amendment 8 was adopted.                                                                                                        
8:47:26 AM                                                                                                                    
MR.  JOHNSON advised  that 24-LS1083\XA.19  would delete  "small"                                                               
from the  phrase "boat harbor"  and insert "fresh water"  on page                                                               
5, line 8.  This is to address a concern  of Senator Huggins, who                                                               
wanted  to protect  the lakes  and  rivers of  the Mat-Su  Valley                                                               
while  still  allowing  people  in coastal  areas  the  right  to                                                               
utilize the power of eminent domain to access boat harbors.                                                                     
SENATOR HUGGINS moved Amendment 9.                                                                                              
SENATOR GUESS  objected. Although she appreciated  the amendment,                                                               
she stated  there was still a  problem in that the  committee has                                                               
yet to define "boat harbor" in the statutes.                                                                                    
MR. JOHNSON  stated that  if her  concern was  for transportation                                                               
purposes,  that would  still be  allowed but  since the  bill was                                                               
strictly  addressing  recreational   purposes,  her  concern  was                                                               
SENATOR GUESS disagreed saying that  since there is no definition                                                               
of  "boat harbor"  the committee  was restricting  something that                                                               
has no definition.                                                                                                              
CHAIR  SEEKINS admitted  that  was a  problem,  although he  felt                                                               
fairly  comfortable  with page  6  and  the  list of  things  not                                                               
included on lines 2-4. He said it  was not the intent of the bill                                                               
to preclude boat launches or temporary tie-up areas.                                                                            
8:51:30 AM                                                                                                                    
CHAIR SEEKINS  continued with concern that  the phrase "primarily                                                               
for recreation" was  not defined. He promised  Senator Guess that                                                               
he would continue to work on her concern as well.                                                                               
SENATOR GUESS withdrew  her objection to Amendment  9. Hearing no                                                               
further objections, Amendment 9 was adopted.                                                                                    
8:52:07 AM                                                                                                                    
MR.  JOHNSON advised  that 24-LS1083\XA.20  was  not a  necessary                                                               
amendment and asked Mr. Putzier to explain.                                                                                     
MR. PUTZIER  said the amendment  was originally drawn  when there                                                               
was  a   paragraph  7  under   subsection  (d),  which   was  the                                                               
"legislative  out." Therefore  the  committee  wouldn't need  the                                                               
amendment  but  would  need  to  have  an  amendment  adopting  a                                                               
reference to  the "legislative  out" in  the new  subsection (f),                                                               
which is addressed in an upcoming amendment.                                                                                    
8:54:00 AM                                                                                                                    
MR.   JOHNSON  explained   that   24-LS1083\XA.21   was  up   for                                                               
SENATOR  FRENCH asked  whether this  document  would augment  the                                                               
previously adopted Amendment 5.                                                                                                 
MR. PUTZIER  clarified that 24-LS1083\XA.21  would be  offered in                                                               
lieu of the other amendment. There  is a problem with saying that                                                               
only  the  state  may  delegate  eminent  domain  powers  because                                                               
"state" was  unclear and  it could  be any  entity of  the state.                                                               
This amendment  makes it crystal  clear that the powers  may only                                                               
be delegated by statute.                                                                                                        
SENATOR GUESS asked for time to digest the amendment.                                                                           
8:57:44 AM                                                                                                                    
SENATOR  GUESS said  the local  level  process can  be much  more                                                               
difficult   that  the   legislative  process   and  expressed   a                                                               
preference for local governmental control.                                                                                      
SENATOR THERRIAULT agreed with Senator Guess.                                                                                   
CHAIR  SEEKINS  said that  XA.21  would  allow municipalities  to                                                               
exercise powers of  eminent domain with a majority  vote. He said                                                               
feedback from his constituents would  prefer that the Legislature                                                               
maintain control over eminent domain  concerning trails and roads                                                               
for  recreational use  within the  250 foot  limit. He  asked for                                                               
8:59:28 AM                                                                                                                    
SENATOR FRENCH expressed an interest  in hearing public testimony                                                               
because  the City  of New  London versus  Kelo case  took private                                                               
property for  economic development, not for  recreational access.                                                               
The taking  of private property  for economic development  is the                                                               
prime aspect behind the bill and  so it surprised him that people                                                               
in Alaska are more concerned  over the recreational aspect of the                                                               
bill since that has never been an issue in Alaska.                                                                              
CHAIR SEEKINS agreed  but asserted that was the  concern from the                                                               
people in his district.                                                                                                         
SENATOR GUESS  expressed concern  about people not  having access                                                               
to hunting or  other things that could be  deemed as "recreation"                                                               
and that  people could  bring about  suits since  "recreation" is                                                               
not defined in  statute. She remained comfortable  with the local                                                               
option  because the  Legislature  does not  work  year round  and                                                               
because of a lack of  definition of recreation. Local governments                                                               
work all year  round and so they would be  better able to control                                                               
the eminent domain issues as they come about.                                                                                   
9:02:11 AM                                                                                                                    
SENATOR  HUGGINS said  he assumed  the committee  was working  on                                                               
that definition.  He said  in his  case, most  of the  people are                                                               
concerned with the  recreational aspect, not that  a Wal-Mart was                                                               
being built next to somebody's cabin.                                                                                           
SENATOR FRENCH  suggested that procedurally the  committee should                                                               
divide the  proposed amendment.  He made a  motion to  divide the                                                               
amendment.  Hearing no  objection, the  motion carried.  He moved                                                               
Amendment 10A.                                                                                                                  
                     A M E N D M E N T 10A                                                                                  
OFFERED IN THE SENATE                                                                                                           
     TO:  CSHB 318(FIN) am                                                                                                      
Page 4, line 8:                                                                                                                 
     Delete ";"                                                                                                                 
     Insert "."                                                                                                                 
Page 4, line 9:                                                                                                                 
     Delete all material.                                                                                                       
Page 4, following line 15:                                                                                                      
     Insert new subsections to read:                                                                                            
          "(f)  Notwithstanding the limitations on the power of                                                                 
     eminent domain in (d) and (e) of this section, the                                                                         
     legislature may approve the exercise of eminent domain by                                                                  
          (g)  The power of eminent domain may only be delegated                                                                
     by statute."                                                                                                               
SENATOR GUESS noted that the committee previously deleted the                                                                   
Legislative approval of transfer.                                                                                               
MR. PUTZIER said:                                                                                                               
     As it was  put in the original  draft, the "legislative                                                                    
     out" applied to  private-to-private transfers but would                                                                    
     not apply to recreational  transfers in subsection (e).                                                                    
     The new  subsection (f) would allow  the Legislature on                                                                    
     a  case-by-case basis  allow  the  exercise of  eminent                                                                    
     domain for  private-to-private or for  recreational. As                                                                    
     it was originally drafted and  left in (d)(7), it would                                                                    
     only apply to  private-to-private and would essentially                                                                    
     be an outright bar  under any circumstances for eminent                                                                    
     domain used in the context of a recreational take.                                                                         
9:07:21 AM                                                                                                                    
SENATOR GUESS said as she looks back on the past amendments, the                                                                
committee has now deleted page 4, line 9 twice.                                                                                 
SENATOR FRENCH said to clarify, he meant for Amendment 10A to                                                                   
supersede Amendment 6.                                                                                                          
CHAIR SEEKINS reiterated that the local control amendment would                                                                 
apply only to the 24 Legislature.                                                                                               
MR. PUTZIER agreed. He said the DOL feels more comfortable using                                                                
the original language in the bill but said that Amendment 6                                                                     
would only bind the current Legislature.                                                                                        
CHAIR  SEEKINS said  the  most  binding effect  would  be in  the                                                               
Uniform Rules  and they are  subject to  change by the  body. The                                                               
problem is that the Uniform Rules trump the statute.                                                                            
9:12:42 AM                                                                                                                    
SENATOR FRENCH said,  as the Senator who moved  Amendment 10A, he                                                               
is more comfortable  with Amendment 6, as it is  more potent from                                                               
a citizen's perspective.                                                                                                        
CHAIR SEEKINS said he agreed with  the concept but the problem is                                                               
that the next committee would probably extract it.                                                                              
SENATOR FRENCH objected to Amendment 10A.                                                                                       
Roll call  proved Amendment 10A  failed with all  Senators voting                                                               
CHAIR SEEKINS called a brief at ease at 9:15:16 AM.                                                                           
9:17:44 AM                                                                                                                    
CHAIR  SEEKINS   moved  to  rescind   Amendment  5.   Hearing  no                                                               
objections,  the motion  carried. Chair  Seekins moved  Amendment                                                               
10B. Insert  a new subsection (f)  to say, "The power  of eminent                                                               
domain may only be delegated  by statute." Hearing no objections,                                                               
Amendment 10B was adopted.                                                                                                      
CHAIR SEEKINS moved to rescind Amendment 4.                                                                                     
SENATOR FRENCH objected.                                                                                                        
SENATOR THERRIAULT asked the reason for rescinding Amendment 4.                                                                 
CHAIR SEEKINS said:                                                                                                             
     This allows  a municipality  to have override  power on                                                                    
     private-to-private  for economic  reasons but  does not                                                                    
     allow  municipal override  on the  250-foot rule,  as I                                                                    
     understand it.                                                                                                             
SENATOR GUESS said, "On anything recreational."                                                                                 
SENATOR FRENCH  said, "Point  of order, it  doesn't have  to take                                                               
the home,  it just has to  take it within the  buffer area within                                                               
the 250 feet from the home."                                                                                                    
Roll call  proved Amendment 4  was rescinded  on a 3-2  vote with                                                               
Senators  Guess  and French  voting  no  and Senator  Therriault,                                                               
Huggins, and Chair Seekins voting yes.                                                                                          
9:21:47 AM                                                                                                                    
SENATOR THERRIAULT moved Amendment 10C.                                                                                         
Page 6, line 19, following "AS 09.55.240(e).":                                                                                  
     Insert "However,  a municipality  may exercise the  power of                                                               
eminent domain to acquire private  property from a private person                                                               
for the purpose of transferring  title to the property to another                                                               
private person for economic development if                                                                                      
               (1)  the municipality does not delegate the power                                                                
     of eminent domain to another person;                                                                                       
               (2)  before issuing the notice in (3) of this                                                                    
     subsection, the  municipality makes  a good faith  effort to                                                               
     negotiate the purchase of the property;                                                                                    
               (3)  written notice is provided at least 90 days                                                                 
     before the public hearing to each  owner of land that may be                                                               
     affected by the exercise of eminent domain;                                                                                
               (4)  the municipality holds a public hearing on                                                                  
     the  exercise  of  eminent   domain  after  adequate  public                                                               
               (5)  the governing body of the municipality                                                                      
     approves  the exercise  of eminent  domain  by a  two-thirds                                                               
     majority vote; and                                                                                                         
               (6)  in the case of a second class city, the                                                                     
     governing body  of the  city adopts an  ordinance by  a two-                                                               
     thirds  majority vote,  the ordinance  is  submitted to  the                                                               
     voters for  approval at  the next general  election or  at a                                                               
     special election  called for that purpose,  and the exercise                                                               
     of eminent domain is approved by  a majority of the votes on                                                               
     the question."                                                                                                             
Amendment 10C was adopted unanimously.                                                                                          
9:23:47 AM                                                                                                                    
CHAIR  SEEKINS  returned to  24-LS1083\XA.16  and  said it  would                                                               
allow for a  personal residence to be owned by  a subchapter S or                                                               
an LLC or  a partnership. It would give  a broader interpretation                                                               
to the ownership.                                                                                                               
9:26:23 AM                                                                                                                    
SENATOR GUESS asked the purpose of the amendment.                                                                               
SENATOR  FRENCH  commented  that  there was  no  reason  for  the                                                               
CHAIR SEEKINS  agreed and closed  public testimony. He  asked for                                                               
the will of the committee.                                                                                                      
SENATOR FRENCH asked for a clean CS before moving the bill out.                                                                 
CHAIR SEEKINS agreed and held the bill in committee.                                                                            
9:28:40 AM                                                                                                                    
                HB 400-CONFISCATION OF FIREARMS                                                                             
9:35:54 AM                                                                                                                    
CHAIR  RALPH  SEEKINS  announced  CSHB  400(FIN)  to  be  up  for                                                               
REPRESENTATIVE  JOHN  COGHILL  informed  the  committee  that  he                                                               
addressed  the concerns  of the  committee in  the previous  bill                                                               
hearing of  how to  handle people  in governmental  positions who                                                               
violated  an  oath of  office.  He  deferred  to Mr.  Guaneli  to                                                               
explain an amendment that he was prepared to offer.                                                                             
DEAN  GUANELI, Chief  Assistant Attorney  General, Department  of                                                               
Law (DOL), advised  the committee that he checked  on the various                                                               
public  officials that  could  be subject  to  the provision  and                                                               
crafted  a mechanism  for achieving  the removal  of office.  The                                                               
primary people who  would be subject to the  provision are police                                                               
officers who  would use their  authority to  confiscate firearms.                                                               
Potentially  the  governor or  the  mayor  could come  under  the                                                               
provision but it would be unlikely.                                                                                             
9:39:15 AM                                                                                                                    
MR. GUANELI  proposed the  amendment and  said it  basically said                                                               
that a person convicted under  the crime of confiscating firearms                                                               
under disaster  circumstances would  be subject to  revocation of                                                               
the person's police officer certificate.  Subsections (2) and (3)                                                               
address  elected public  officials.  This  doesn't eliminate  the                                                               
possibility of a lawsuit but it  does say that a person convicted                                                               
would  be subject  to impeachment.  Subsection  (3) outlines  the                                                               
removal of  elected officials. The  proposed amendment  would use                                                               
existing statutory  mechanisms to  provide for  the removal  of a                                                               
person from office.                                                                                                             
9:42:28 AM                                                                                                                    
SENATOR  GRETCHEN  GUESS asked  Mr.  Guaneli  whether there  were                                                               
public safety officials that wouldn't fall under the provision.                                                                 
MR. GUANELI  replied that Village Public  Safety Officers (VPSOs)                                                               
fall under the  authority of the Alaska State Troopers  and it is                                                               
a very loose  administrative approval process so  that presents a                                                               
CHAIR SEEKINS noted  they wouldn't have a  certification to lose,                                                               
although they would lose their position.                                                                                        
9:44:56 AM                                                                                                                    
SENATOR  GUESS asked  whether a  VPSO would  get an  exemption if                                                               
they were directed by a trooper to confiscate firearms.                                                                         
MR. GUANELI  said the intent  is that  they would not  fall under                                                               
the exemption but by law they have peace officer authority.                                                                     
SENATOR GENE THERRIAULT moved Amendment 1.                                                                                      
                      A M E N D M E N T 1                                                                                   
OFFERED IN THE SENATE                                                                                                           
     TO:  CSHB 400(FIN)                                                                                                         
Page 1, line 7, through page 2, line 1:                                                                                         
     Delete all material and insert:                                                                                            
          "Sec. 26.23.205. Confiscation of firearms. (a) A                                                                    
     person convicted of  official misconduct under AS 11.56.850,                                                               
     or   interference    with   constitutional    rights   under                                                               
     AS 11.76.110,  as a  result of  confiscating, attempting  to                                                               
     confiscate,  or ordering  the  confiscations  of a  firearm,                                                               
     under color of law, during a disaster emergency,                                                                           
               (1)  forfeits any appointed government position                                                                  
     and,  if  under  the  jurisdiction   of  the  Alaska  Police                                                               
     Standards Council, is subject  to revocation of the person's                                                               
     police certification;                                                                                                      
               (2)  is subject to impeachment under art. II,                                                                    
     sec. 20, Constitution of the State of Alaska; or                                                                           
               (3)  is subject to having the person's elected                                                                   
     municipal  office  declared  vacant  under  AS 29.20.170  or                                                               
          (b)  This section does not apply if the person is                                                                     
     acting  as  a  private  citizen who  has  been  directed  to                                                               
     confiscate a  firearm by another whom  the person reasonably                                                               
     believes  to be  a peace  officer  or active  member of  the                                                               
     armed forces or militia.                                                                                                   
          (c)  A conviction described in (a) of this section is                                                                 
     an offense involving a violation of the oath of office for                                                                 
     purposes of AS 29.20.170 or 29.20.280."                                                                                    
Hearing no objections, the committee adopted the Amendment 1.                                                                   
SENATOR THERRIAULT  asked for clarification  whether there  was a                                                               
clear  definition  of  confiscation.   He  posed  a  hypothetical                                                               
situation  of  a person  stealing  his  neighbor's firearm  in  a                                                               
disaster situation in order to protect himself.                                                                                 
MR. GUANELI responded that was  discussed in other committees and                                                               
everyone  recognized that  the taking  of  a weapon  in order  to                                                               
protect  the  public  would  not   be  something  the  DOL  would                                                               
9:48:15 AM                                                                                                                    
SENATOR GUESS said  a police officer that suspects  that a person                                                               
intends to  harm another  would have  the duty  and the  right to                                                               
confiscate that weapon.                                                                                                         
MR. GUANELI added  that HB 400 is not intended  to prevent police                                                               
officers from stopping criminal activity.                                                                                       
SENATOR CHARLIE  HUGGINS moved SCS  CSHB 400(JUD)  from committee                                                               
with  individual  recommendations   and  attached  fiscal  notes.                                                               
Hearing no objection, the motion carried.                                                                                       
CHAIR SEEKINS announced a brief recess at 9:50:44 AM.                                                                         
                 HB 272-CARD ROOMS & OPERATIONS                                                                             
9:52:18 AM                                                                                                                    
CHAIR  RALPH SEEKINS  announced CSHB  272(FIN)  AM to  be up  for                                                               
MICHAEL O'HARE,  Staff to Representative  Pete Kott,  advised the                                                               
committee  of  a  committee substitute  (CS)  identified  as  24-                                                               
LS0916\L. The changes are as follows:                                                                                           
Page 2, line 8 allows for a  maximum fee or rake a licensed owner                                                               
may collect from players to be up to $4.00 per game.                                                                            
Page 2, line  13 adds that a municipality may  regulate the hours                                                               
of operation and other matters  relating to card rooms within the                                                               
Page  2, starting  at line  28 after  "department" adds  that the                                                               
licensed  owner shall  obtain a  signed  self determined  pre-set                                                               
loss limit from the player before selling tokens or chips.                                                                      
Page 8, line  23 says an owner's license may  not be transferred,                                                               
sold, or purchased. It is a non-transferable license.                                                                           
Page 9,  line 9 allows  for licenses to  be issued for  card room                                                               
operations  in  a  municipality   that  has  a  municipal  police                                                               
department  if  the  municipality   has  adopted  the  ordinance,                                                               
ratified by  at least 60  percent of the municipal  voters voting                                                               
to authorize card  rooms and card games in  that municipality. If                                                               
the population of the municipality  is less than 50,000, only one                                                               
owner's  license  may be  issued  in  that municipality.  If  the                                                               
population  of the  municipality  is 50,000  or  more, the  total                                                               
number  of  owner's licenses  issued  may  not exceed  the  total                                                               
population divided by 50,000.                                                                                                   
Page 11, line  7 subsection (b) is added as  a factor to consider                                                               
in  granting an  owner's license,  the department  shall make  an                                                               
application  for   an  owner's   license  available   for  public                                                               
inspection and  copying, and shall  invite the public  comment on                                                               
an application and consider all  comments received in determining                                                               
whether to grant the owner's license.                                                                                           
Page  11, line  11 adds  subsection (c)  in order  to give  local                                                               
input to  the department in  order to  determine who would  get a                                                               
license in the case of more than one entity vying for a permit.                                                                 
9:56:23 AM                                                                                                                    
SENATOR CHARLIE HUGGINS  moved version L as  the working document                                                               
before the committee. Hearing no objections, the motion carried.                                                                
MR. O'HARE submitted answers to  questions that the committee had                                                               
in  the  previous bill  hearing.  He  added the  document  titled                                                               
Question to the  Sponsor of HB 272 Posed by  the Senate Judiciary                                                             
Committee Dated 03/29/2006 to the committee packet.                                                                           
10:01:25 AM                                                                                                                   
CHAIR SEEKINS called for public testimony.                                                                                      
EDWARD JAMES, Anchorage, testified in favor of the bill.                                                                        
DAN  STICKLE,  Economist for  the  Department  of Revenue  (DOR),                                                               
offered to answer questions regarding the fiscal note.                                                                          
ROBERT HALL, Vice  President of the Houston  Chamber of Commerce,                                                               
testified  in favor  of  the  bill. He  thanked  the sponsor  for                                                               
adding the changes that the city suggested.                                                                                     
10:09:03 AM                                                                                                                   
MR. HALL  recognized the  hesitancy of  the committee  to passing                                                               
the bill and  suggested that they put the question  on the ballot                                                               
and allow the public to vote on it.                                                                                             
LINK  FANNON,  City  Councilman, Houston,  Alaska,  testified  in                                                               
support  of the  bill.  He  thanked the  sponsor  for adding  the                                                               
suggested  changes to  the bill,  such as  local control  and the                                                               
super-majority vote.  He advised the  committee that the  City of                                                               
Houston  was  taking  an  economic approach  to  the  bill.  Card                                                               
playing is  happening currently and a  lot of money is  going out                                                               
of the  country, he said.  The State  of Alaska needs  to enforce                                                               
consumer  protection and  allow citizens  to play  in their  home                                                               
state in a safe environment.                                                                                                    
10:12:02 AM                                                                                                                   
RUTH BLANCHARD, City Council Member  of Houston, Alaska testified                                                               
in  favor  of  the  bill.  The  bill  provides  for  a  safe  and                                                               
responsible way for people to enjoy playing poker, she asserted.                                                                
ROSEMARY BURNETT,  Deputy Mayor of Houston,  testified in support                                                               
of the bill.                                                                                                                    
10:15:09 AM                                                                                                                   
MELISSA  PARKER,  representing   the  Alaska  Poker  Association,                                                               
testified in support  of the bill. She said  her organization has                                                               
been approached  by several organizations,  such as  churches and                                                               
the police,  who asked them  to help organize  poker tournaments.                                                               
She said  HB 272 would help  people stay in Alaska  to play poker                                                               
and that the money would stay in state.                                                                                         
SENATOR  GENE THERRIAULT  asked Ms.  Parker whether  she had  any                                                               
reason  to believe  that  people  wouldn't still  go  out of  the                                                               
state, play  online, or play  in back  rooms. He took  issue with                                                               
the claim that the bill would keep money in the state.                                                                          
MS.  PARKER said  it wouldn't  prevent Internet  gaming but  that                                                               
Alaskan's would stay in state  to play in the tournaments, rather                                                               
than going out of state to play.                                                                                                
SENATOR HUGGINS asked Ms. Parker  a reasonable parameter of loss-                                                               
MS. PARKER said that would be  self-imposed and so it would be an                                                               
individual decision.                                                                                                            
10:19:34 AM                                                                                                                   
CHAIR SEEKINS asked  Ms. Parker her thoughts of  whether the card                                                               
rooms would morph into rooms  full of gaming, including bingo and                                                               
MS. PARKER said  it would be up to the  municipality but it could                                                               
be likely.                                                                                                                      
CHAIR SEEKINS asked her impression of  the cost of opening a card                                                               
MS. PARKER  said someone would  have to be  wealthy to open  up a                                                               
card room.                                                                                                                      
10:22:16 AM                                                                                                                   
CHAIR SEEKINS  closed public testimony  and asked  for discussion                                                               
among committee members. He asked for the will of the committee.                                                                
CHAIR SEEKINS recognized that there  was no will of the committee                                                               
and he held the bill in committee.                                                                                              
There being  no further  business to  come before  the committee,                                                               
Chair Seekins adjourned the meeting at 10:23:41 AM.                                                                           

Document Name Date/Time Subjects