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1, 2, and 3. 2:42:25 PM The committee took a brief at-ease. 2:42:59 PM CO-CHAIR TARR clarified that Amendment 1 was withdrawn, but that Amendments 2 and 3 were not offered. 2:43:12 PM REPRESENTATIVE RAUSCHER moved to adopt proposed Amendment 4, labeled 30-LS1382\D.6, Radford, 3/2/18,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 355(RES) was moved from the House Resources Standing Committee.