2009-03-02                     House Journal                      Page 0379
HB 49                                                                                                                         
The following, which was advanced to third reading from the February                                                            
27, 2009, calendar (page 356), was read the third time:                                                                         
                                                                                                                                
     CS FOR HOUSE BILL NO. 49(JUD)                                                                                              
     "An Act relating to the prohibition of the exercise of the power of                                                        
     eminent domain against a recreational structure for the purposes of                                                        
     developing a recreational facility or project."                                                                            
                                                                                                                                
Representative Johnson moved and asked unanimous consent that                                                                   
CSHB 49(JUD) be returned to second reading for the specific purpose                                                             
of considering Amendment No. 1.  There being no objection, it was so                                                            
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 1 was offered  by Representatives Holmes and                                                                       
Johnson:                                                                                                                        
                                                                                                                                
Page 1, lines 11 - 14:                                                                                                          
 Delete "In this subsection, "recreational structure" means a                                                               
permanent structure that is used by the owner or beneficiary of a                                                           
trust holding legal title to the structure as a dwelling for seasonal                                                       
recreational purposes."                                                                                                     
                                                                                                                                
Page 2, following line 15:                                                                                                      
 Insert a new bill section to read:                                                                                             
"* Sec. 3. AS 09.55.240(h) is amended by adding a new paragraph to                                                            
read:                                                                                                                           

2009-03-02                     House Journal                      Page 0380
              (6)  "recreational structure" means a permanent structure                                                         
     that                                                                                                                       
                  (A)  is used by the owner or beneficiary of a trust                                                           
         holding legal title to the structure as a dwelling for seasonal                                                        
         recreational purposes, as opposed to a rental, storage, or other                                                       
         commercial space; and                                                                                                  
                  (B)  may not have been constructed, placed, or                                                                
         occupied for the purpose of avoiding eminent domain                                                                    
         proceedings."                                                                                                          
                                                                                                                                
Representative Johnson moved and asked unanimous consent that                                                                   
Amendment No. 1 be adopted.  There being no objection, it was so                                                                
ordered.                                                                                                                        
                                                                                                                                
The question being:  "Shall CSHB 49(JUD) am pass the House?"  The                                                               
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 49(JUD) am                                                                                                                 
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Austerman, Buch, Chenault, Cissna, Coghill, Crawford,                                                                    
Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner,                                                                   
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes,                                                                   
Johansen, Johnson, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett,                                                            
Munoz, Neuman, Petersen, Ramras, Seaton, Stoltze, Thomas, Tuck,                                                                 
Wilson                                                                                                                          
                                                                                                                                
Excused:  Joule, Olson                                                                                                          
                                                                                                                                
Absent:  Salmon                                                                                                                 
                                                                                                                                
And so, CSHB 49(JUD) am passed the House and was referred to the                                                                
Chief Clerk for engrossment.