04/19/1999 01:37 PM Senate JUD

         SB  45-LAND OWNER IMMUNITY/ RT-OF-WAY VACATION                                                                         
                                                                                                                                
MR. BRETT HUBER, staff to Senator Rick Halford, testified that SB
 will preserve and expand recreational access for Alaskans and                                                                
visitors to Alaska by providing limited immunity for landowners who                                                             
allow their land to be used as recreational easements.                                                                          
                                                                                                                                
MR. HUBER testified the bill is supported by the Division of Parks,                                                             
the Municipality of Anchorage, the Anchorage Economic Development                                                               
Corporation, the City of Wasilla, the Alaska State Chamber of                                                                   
Commerce and the Alaska Outdoor Council.                                                                                        
                                                                                                                                
MR. HUBER said the committee substitute proposed to the committee                                                               
offers limited immunity to landowners who grant public access to                                                                
the easement. Limited immunity applies to damages arising out of a                                                              
person's recreational use, where there is no payment for the                                                                    
recreational use. MR. HUBER stated SB 45 also makes a technical                                                                 
correction to the statutes governing vacation of RS2477 rights-of-                                                              
way and section line easements.                                                                                                 
                                                                                                                                
Number 058                                                                                                                      
                                                                                                                                
SENATOR HALFORD moved the adoption of the committee substitute.                                                                 
Without objection, the committee substitute was adopted.                                                                        
                                                                                                                                
CHAIRMAN TAYLOR explained SENATOR DONLEY was needed in the finance                                                              
committee, though it was his intent to move the bill. He                                                                        
acknowledged there were several groups on record supporting the                                                                 
bill and he asked if anyone wished to testify in opposition to SB
.                                                                                                                             
                                                                                                                                
MR. BRYAN MERRELL, representing First American Title Insurance Co.,                                                             
opposed the bill. MR. MERRELL said SB 45 is based somewhat on the                                                               
RS 2477 rights-of-way and lacks definition. He fears the bill may                                                               
unnecessarily cloud titles and he thinks "We could seek to define                                                               
these better before we seek to limit the ability of people to                                                                   
obtain vacations."                                                                                                              
                                                                                                                                
MR. BILL EASTHAM stated he supports SB 45.                                                                                      
                                                                                                                                
Number 128                                                                                                                      
                                                                                                                                
MR. LEE JOHNSON said he supports legislation limiting liability,                                                                
but he prefers to see the bill in its original form, referring to                                                               
all land, and not limited to recreational land.                                                                                 
                                                                                                                                
MS. MARGRET SEELEY stated she supports SB 45, but agrees with MR.                                                               
JOHNSON.                                                                                                                        
                                                                                                                                
MR. MIKE EASTHAM, representing SNOMADS snowmachine club, testified                                                              
in support of the bill.                                                                                                         
                                                                                                                                
Number 146                                                                                                                      
                                                                                                                                
MR. TIM KRUG, representing the City of Wasilla, supported SB 45.                                                                
                                                                                                                                
MR. HOWARD DAVIS, representing the Caribou Hills Cabin Hoppers                                                                  
snowmobile club, stated his support for SB 45.                                                                                  
                                                                                                                                
MR. LANCE STEVENS, representing the Alaska State Snowmobile                                                                     
Association, spoke in favor of SB 45.                                                                                           
                                                                                                                                
MR. TIM BERGSTROM stated the Anchorage Economic Development                                                                     
Corporation supports SB 45.                                                                                                     
                                                                                                                                
Number 166                                                                                                                      
                                                                                                                                
SENATOR HALFORD moved CSSB 45(JUD) from committee with individual                                                               
recommendations and the accompanying fiscal note. Without                                                                       
objection, the bill moved from committee.