04/17/2002 09:23 AM Senate FIN

     CS FOR SENATE BILL NO. 278(JUD)                                                                                            
     "An Act requiring a good faith effort to purchase property                                                                 
     before that property is taken through eminent domain; and                                                                  
     providing for an effective date."                                                                                          
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
KIM  OGNISTY, staff  to Senator  John  Torgerson,  explained to  the                                                            
Committee the  details of the proposed committee substitute  Version                                                            
"J."                                                                                                                            
                                                                                                                                
AT EASE 9:26 AM / 9:26 AM                                                                                                       
                                                                                                                                
Ms. Ognisty stated this  version reinserts language that was removed                                                            
from the bill  in the Senate Judiciary Committee.  She clarified the                                                            
current language is the  same as previously presented; however, upon                                                            
the  advice  of  the   Legislative  Legal  and  Research   Services,                                                            
Legislative  Affairs   Agency,  the  language  is   presented  in  a                                                            
different order.                                                                                                                
                                                                                                                                
Co-Chair Kelly  clarified that Version "J" is basically  the same as                                                            
Version "A" the Committee  had previously adopted. He stated Version                                                            
"A" contains  the intent  language with the  understanding  that the                                                            
Legislative Legal and Research  Service would be redrafting it "with                                                            
no substantive changes," just technical changes.                                                                                
                                                                                                                                
Ms. Ognisty concurred.                                                                                                          
                                                                                                                                
Senator  Wilken  moved  "to  report   SB  278  from  Committee  with                                                            
individual recommendations and attached fiscal notes."                                                                          
                                                                                                                                
There being  no objections, CS SB  278(FIN) REPORTED from  Committee                                                            
with a new  zero fiscal note, dated  4/12/02 from the Department  of                                                            
Transportation  and Public  Facilities  and a  previous zero  fiscal                                                            
note, dated 2/28/02 from the Court System.                                                                                      
                                                                                                                                
                                                                                                                                
     CS FOR SENATE BILL NO. 278(JUD)                                                                                            
     "An  Act requiring  a good  faith effort  to purchase  property                                                            
     before  that  property is  taken  through eminent  domain;  and                                                            
     providing for an effective date."                                                                                          
                                                                                                                                
                                                                                                                                
[This bill was heard earlier in the meeting.]                                                                                   
                                                                                                                                
Senator Green made a motion to bring SB 278 back before the                                                                     
Committee.                                                                                                                      
                                                                                                                                
The being no objections, the motion PASSED.                                                                                     
                                                                                                                                
Co-Chair Donley offered a motion to rescind the action taken on SB
                                                                                                                             
                                                                                                                                
There being no objection, the action to report SB 278 from                                                                      
Committee was RESCINDED.                                                                                                        
                                                                                                                                
Amendment#1: This amendment changes language on page 2 line 15 to                                                               
read as follows.                                                                                                                
                                                                                                                                
     "If a condemnor invites  the property owner to make an offer to                                                            
     sell the  property as described in (b) of this  section and the                                                            
     property  owner fails to respond within a reasonable  period of                                                            
     time,  or if the property  owner rejects  a reasonable  counter                                                            
     offer  made  under this  subsection,  the  condemnor  [PROPERTY                                                          
     OWNER]  may  commence  eminent   domain  proceedings  under  AS                                                            
     09.55.290."                                                                                                                
                                                                                                                                
     New text underlined [BRACKETED TEXT DELETED]                                                                             
                                                                                                                                
Senator Green offered a motion to adopt Amendment #1.                                                                           
                                                                                                                                
Without objection, Amendment #1 was ADOPTED.                                                                                    
                                                                                                                                
Senator Green offered a motion "to move SB 278, as amended, out of                                                              
Committee with individual recommendations."                                                                                     
                                                                                                                                
There  being  no  objections,  the  CS  SB  278(FIN)  REPORTED  from                                                            
Committee  with   a  new  zero  fiscal  note,  dated   4/12/02  from                                                            
Department  of Transportation and  Public Facilities and  a previous                                                            
zero fiscal note dated 2/28/02 from the Court System.