Legislature(2005 - 2006)CAPITOL 120
03/04/2005 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB107 | |
| HB175 | |
| HB95 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 175 | TELECONFERENCED | |
| + | HB 95 | TELECONFERENCED | |
| = | HB 107 | ||
HB 107 - ATTY FEES: HUNTING/FISHING INTERFERENCE 1:06:31 PM CHAIR McGUIRE announced that the first order of business would be HOUSE BILL NO. 107, "An Act providing for the award of full actual attorney fees and costs to a person aggrieved by unlawful obstruction or hindrance of hunting, fishing, or viewing of fish or game; amending Rules 79 and 82, Alaska Rules of Civil Procedure; and amending Rule 508, Alaska Rules of Appellate Procedure." [Before the committee was CSHB 107(RES); in members' packets was a proposed committee substitute (CS) for HB 107, Version 24-LS0444\L, Utermohle, 3/3/05.] JIM POUND, Staff to Representative Jay Ramras, Alaska State Legislature, sponsor, said, on behalf of Representative Ramras, that they believe they have worked out an agreement with members regarding concerns raised at the bill's last hearing. On the question of whether current statute already addresses the issue of law enforcement activities, he said, since the proposed change was essentially designed to provide for an affirmative defense, a proposed committee substitute (CS) in members' packets has moved the proposed change into AS 16.05.790(d), which already addresses affirmative defenses for law enforcement personnel. With regard to the concern that the bill will make it profitable for someone to bring a lawsuit, the proposed CS allows the prevailing party to be awarded all costs but only 90 percent of reasonable, actual attorney fees; this latter change has allowed the sponsor to delete the proposed indirect court rule change to Rule 79 of the Alaska Rules of Civil Procedure. 1:07:48 PM REPRESENTATIVE DAHLSTROM moved to adopt the proposed committee substitute (CS) for HB 107, Version 24-LS0444\L, Utermohle, 3/3/05, as the work draft. There being no objection, Version L was before the committee. REPRESENTATIVE GARA commented that he appreciated the work the sponsor did to address members' concerns. REPRESENTATIVE COGHILL said that he still had a concern regarding quantifying behavior that would result in "physically interfering or tampering with" viewing, and that he will continue to work with the sponsor on that issue. 1:09:43 PM REPRESENTATIVE DAHLSTROM moved to report the proposed CS for HB 107, Version 24-LS0444\L, Utermohle, 3/3/05, out of committee with individual recommendations and the accompanying zero fiscal notes. There being no objection, CSHB 107(JUD) was reported from the House Judiciary Standing Committee.
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