03/09/2018 01:00 PM House RESOURCES

        HB 355-FIRE;FOREST LAND; CRIMES;FIRE PREVENTION                                                                     
                                                                                                                                
2:41:37 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR announced that the  next order of business would be                                                               
HOUSE BILL NO.  355, "An Act relating to the  crime of criminally                                                               
negligent burning; relating to protection  of and fire management                                                               
on forested land;  relating to prohibited acts  and penalties for                                                               
prohibited acts on forested land;  and providing for an effective                                                               
date."  [Version D]                                                                                                             
                                                                                                                                
2:42:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER withdrew Amendments 1, 2, and 3.                                                                        
                                                                                                                                
2:42:25 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:42:59 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR clarified that Amendment  1 was withdrawn, but that                                                               
Amendments 2 and 3 were not offered.                                                                                            
                                                                                                                                
2:43:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER moved  to  adopt  proposed Amendment  4,                                                               
labeled 30-LS1382\D.6, Radford, 3/2/18, which read:                                                                             
                                                                                                                                
     Page 1, line 3, following "land;":                                                                                       
          Insert "requiring the Alaska Supreme Court to                                                                       
     establish a bail schedule;"                                                                                              
                                                                                                                                
     Page 6, line 17, through page 7, line 14:                                                                                  
          Delete all material and insert:                                                                                       
          "Sec. 41.15.960. Bail schedules. The supreme                                                                        
     court shall  establish by rule  or order a  schedule of                                                                    
     bail amounts  for offenses under this  chapter or under                                                                    
     regulations adopted  under this chapter that  allow the                                                                    
     disposition of a citation without a court appearance.                                                                      
        The bail amount may not exceed the maximum fine                                                                         
     authorized by law for that offense."                                                                                       
                                                                                                                                
     Page 7, following line 21:                                                                                                 
     Insert a new bill section to read:                                                                                         
         "* Sec. 24. The uncodified law of the State of                                                                     
     Alaska is amended by adding a new section to read:                                                                         
          TRANSITION:    SCHEDULE     OF    BAIL    AMOUNTS.                                                                    
     Notwithstanding  AS 41.15.960, enacted  by  sec. 21  of                                                                    
     this Act,  the supreme  court shall establish  the bail                                                                    
     schedule required under sec. 21  of this Act within 120                                                                    
     days after the effective date of sec. 21 of this Act."                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 7, line 22:                                                                                                           
          Delete "Section 23 of this Act takes"                                                                                 
          Insert "Sections 23 and 24 of this Act take"                                                                          
                                                                                                                                
     Page 7, line 23:                                                                                                           
          Delete "sec. 24"                                                                                                      
          Insert "sec. 25"                                                                                                      
                                                                                                                                
2:43:17 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR objected for the purpose of discussion.                                                                           
                                                                                                                                
REPRESENTATIVE RAUSCHER explained that Amendment 4 would require                                                                
the Alaska Supreme Court to establish a bail schedule.                                                                          
                                                                                                                                
2:43:59 PM                                                                                                                    
                                                                                                                                
JOHN  "CHRIS"  MAISCH, Director  &  State  Forester, Division  of                                                               
Forestry,  Department  of  Natural   Resources  (DNR),  said  the                                                               
division reviewed  Amendment 4, consulted with  the Department of                                                               
Law.  The DOL previously  consulted with the Alaska Court System.                                                               
He stated his support for Amendment 4.                                                                                          
                                                                                                                                
2:44:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR removed her objection to Amendment 4.                                                                             
                                                                                                                                
2:44:30 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON asked whether any technical or legal issues                                                                  
remain with Amendment 4.                                                                                                        
                                                                                                                                
MR.  MAISCH offered  a technical  suggestion on  page 2,  line 5,                                                               
which read, "insert  Section 25," which he  believed should read,                                                               
"insert Section 26."                                                                                                            
                                                                                                                                
2:45:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  TARR   directed  attention   to  Amendment  4   to  the                                                               
renumbering, which contained a typo.                                                                                            
                                                                                                                                
2:45:45 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON moved to adopt  Conceptual Amendment 4, page 2                                                               
line 5,  to remove  "insert Section 25"  and insert  the language                                                               
"insert Section 26."                                                                                                            
                                                                                                                                
REPRESENTATIVE RAUSCHER said he had no objection.                                                                               
                                                                                                                                
There  being no  further  objection, Conceptual  Amendment 4  was                                                               
adopted.                                                                                                                        
                                                                                                                                
2:46:15 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOSEPHSON  moved  to adopt  Amendment  5,  labeled  30-                                                               
LS1382\D.7, Radford, 3/2/18, which read:                                                                                        
                                                                                                                                
     Page 5, lines 1 - 2:                                                                                                       
          Delete "of not more than $5,000"                                                                                      
          Insert "under AS 12.55"                                                                                               
                                                                                                                                
CO-CHAIR TARR objected for discussion.                                                                                          
                                                                                                                                
2:46:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON  spoke to Amendment 5,  labeled 30-LS1382\D.7,                                                               
Radford, 3/2/18.   He related his understanding  that because the                                                               
penalty could  be adjusted  it was more  seamless and  cleaner to                                                               
simply refer to AS 12.55.                                                                                                       
                                                                                                                                
2:47:07 PM                                                                                                                    
                                                                                                                                
MR. MAISCH  agreed.   The bail schedules  currently in  state law                                                               
were about  a maximum of $500  so that would align  with the bail                                                               
schedules  and adjust  the amount  through misdemeanor  or felony                                                               
charges, as appropriate, he said.                                                                                               
                                                                                                                                
2:47:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO objected for the purpose of discussion.                                                                 
                                                                                                                                
CO-CHAIR JOSEPHSON explained.                                                                                                   
                                                                                                                                
2:48:55 PM                                                                                                                    
                                                                                                                                
CO-CHAIR   TARR  and   Representative   Talerico  removed   their                                                               
objections.   There being no  further objection, Amendment  5 was                                                               
adopted.                                                                                                                        
                                                                                                                                
2:49:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER declined to offer Amendment 6.                                                                          
                                                                                                                                
2:49:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  moved to adopt Amendment  7, labeled 30-                                                               
LS1382\D.9, Radford, 3/6/18, which read:                                                                                        
                                                                                                                                
     Page 2, line 12:                                                                                                           
          Delete "at any time"                                                                                                  
          Insert ", when responding to a wildland fire or                                                                   
     suspected fire or administering the provisions of this                                                                 
     chapter, [AT ANY TIME]"                                                                                                
                                                                                                                                
2:49:36 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR objected for the purpose of discussion.                                                                           
                                                                                                                                
REPRESENTATIVE  RAUSCHER  said  Amendment  7 was  similar  to  an                                                               
earlier  amendment, but  it addressed  the basic  argument.   The                                                               
amendment  would preserve  public property  rights when  forestry                                                               
officials  can  enter  onto  private   property.    Deleting  the                                                               
language on  page 2, line 12,  "at any time" and  inserting "when                                                               
responding to  wildland fire or  suspected fire  or administering                                                               
the provisions of  this chapter," would remove the  need for "any                                                               
time."   This would allow  forestry officials to  investigate the                                                               
reasons for  a wildland  fire, to look  at other  properties that                                                               
could be  affected, but would  preserve the  homeowner's property                                                               
rights to  be notified prior  to entering the property  for other                                                               
reasons.  He offered his belief that it would solve the problem.                                                                
                                                                                                                                
2:51:50 PM                                                                                                                    
                                                                                                                                
MR. MAISCH stated his support for proposed Amendment 7.                                                                         
                                                                                                                                
2:52:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PARISH  suggested that  the existing  language was                                                               
lengthy  and  difficult  to  understand,   which  would  only  be                                                               
worsened with the  additional language.  He said  the language in                                                               
[AS 41.15.040]  begins with, "Upon  approval by  the commissioner                                                               
or an  authorized agent ...."   He hoped  that they would  not do                                                               
these things frivolously.  He deferred to the department.                                                                       
                                                                                                                                
2:52:46 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  TARR  advised  members   that  this  bill  has  another                                                               
committee  of  referral,  so  the   language  could  be  reviewed                                                               
further.                                                                                                                        
                                                                                                                                
CO-CHAIR  TARR removed  her objection.   There  being no  further                                                               
objection, Amendment 7 was adopted.                                                                                             
                                                                                                                                
2:53:02 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  TARR  brought   HB  355  back  to   the  committee  for                                                               
discussion.                                                                                                                     
                                                                                                                                
2:53:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER said there was  a peace officer matter he                                                               
would like  to pursue but  he would  do so in  another committee.                                                               
He appreciated the expediency.                                                                                                  
                                                                                                                                
2:53:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH stated  that  the  definition of  forested                                                               
land was  not what one  would guess,  but is any  land supporting                                                               
natural burnable  materials and  covers everything from  a forest                                                               
to lichen.  He did not wish to sidetrack the committee.                                                                         
                                                                                                                                
2:54:10 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON  moved to report HB  355, Version 30-LS1382\D,                                                               
as amended, out of committee  with individual recommendations and                                                               
the accompanying  fiscal notes.   There being no  objection, CSHB
(RES) was moved from the House Resources Standing Committee.