05/06/2002 05:15 PM Senate RES

           CSHB 382(FIN)-CLEANUP OF ILLEGAL DRUG SITES                                                                      
                                                                                                                                
CHAIRMAN  TORGERSON   announced  CSHB   382(FIN)  to  be   up  for                                                              
consideration.                                                                                                                  
                                                                                                                                
SENATOR  TAYLOR  moved  to  adopt  Amendment  1,  which  reads  as                                                              
follows.                                                                                                                        
                                                      22-LS1105\S.2                                                             
                                                         Lauterbach                                                             
                                                            1/10/03                                                             
                                                                                                                                
                                                                                                                                
                      A M E N D M E N T  1                                                                                  
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE                                                                                                           
     TO:  SCS CSHB 382(   ), Draft Version "S"                                                                                  
                                                                                                                                
Page 2, line 4, following "made.":                                                                                              
     Insert "The owner of the property may appeal the                                                                           
determination  to the  superior court  for review  of whether  the                                                              
determination  was made in  compliance with  this subsection.   In                                                              
the  appeal, the  burden  of proving  by  a preponderance  of  the                                                              
evidence that the  determination was made in compliance  with this                                                              
subsection  is on  the law  enforcement agency  that employed  the                                                              
officer who made the determination."                                                                                            
                                                                                                                                
Page 2, line 6:                                                                                                                 
     Delete "by certified mail, return receipt requested,"                                                                      
     Insert "given in a manner that is consistent with the rules                                                                
of civil  procedure for the service  of process in a  civil action                                                              
in this state"                                                                                                                  
                                                                                                                                
Page 5, line 29:                                                                                                                
     Delete "or"                                                                                                                
                                                                                                                                
Page 6, line 2, following "met":                                                                                                
     Insert "; or                                                                                                               
               (3)  a court has held that the determination that                                                                
     the property was an illegal drug manufacturing site was not                                                                
     made in compliance with AS 46.03.500(a)"                                                                                   
                                                                                                                                
Page 6, line 30:                                                                                                                
     Delete "a reasonably clear possibility"                                                                                    
     Insert "reasonable cause to suspect the existence"                                                                         
                                                                                                                                
Page 7, line 3:                                                                                                                 
     Delete "occurs"                                                                                                            
     Insert "has occurred"                                                                                                      
                                                                                                                                
                                                                                                                                
CHAIRMAN  TORGERSON objected  to  the motion  for  the purpose  of                                                              
hearing an explanation.                                                                                                         
                                                                                                                                
REPRESENTATIVE GUESS,  sponsor of HB  382, said Amendment  1 makes                                                              
her bill a much  better one. The first part of  the amendment sets                                                              
up an appeal process available to  the residential owner if a drug                                                              
lab is  determined to be  an illegal lab  site. It also  makes the                                                              
notification  process  consistent  with the  civil  procedure  for                                                              
service  so that  a  person can  also  be physically  served  with                                                              
certified  mail. Language  on  page  6, line  2,  states that  the                                                              
property can  be fit for use if  the court determines that  it was                                                              
not  an illegal  lab  site. Finally,  it  changes  the phrase,  "a                                                              
reasonably clear  possibility," which is language  used in another                                                              
state, to  "reasonable cause  to suspect," a  phrase used  in this                                                              
state.                                                                                                                          
                                                                                                                                
SENATOR  TAYLOR called  for the  question. There  were no  further                                                              
objections and Amendment 1 was adopted.                                                                                         
                                                                                                                                
CHAIRMAN TORGERSON  referred to language  on page 3, lines  16 and                                                              
17,  "occupy  the  property  at any  time  after  the  fourth  day                                                              
following  the day  that the  property  was posted"  and asked  if                                                              
committee members were comfortable with the four day provision.                                                                 
                                                                                                                                
REPRESENTATIVE GUESS indicated that was okay.                                                                                   
                                                                                                                                
SENATOR TAYLOR explained  that the time frame was  shorter in some                                                              
states and longer in others.                                                                                                    
                                                                                                                                
SENATOR WILKEN  moved to report  SCS CSHB 382(RES)  from committee                                                              
with individual  recommendations and attached fiscal  notes. There                                                              
were no objections and it was so ordered.