Legislature(2009 - 2010)
2009-03-02 House JournalFull Journal pdf
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.