HB 216-NAVIGABLE WATER; INTERFERENCE, DEFINITION                                                                    
                                                                                                                                
3:31:15 PM                                                                                                                    
CHAIR GIESSEL announced consideration  of HB 216. [CSHB 216(RES),                                                               
29-LS0995\N, is  the working document  and the  committee adopted                                                               
Amendment 1 during the previous hearing.]                                                                                       
                                                                                                                                
3:31:18 PM                                                                                                                    
SENATOR COGHILL moved Amendment 2.                                                                                              
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
          TO: CSHB 216(RES)                                                                                                     
                                                                                                                                
     Page 1, line 9:                                                                                                            
          Delete "federal or [AGENCY"                                                                                       
          Insert "[FEDERAL AGENCY"                                                                                              
                                                                                                                                
CHAIR GIESSEL  objected for purposes of  discussion. She welcomed                                                               
Mr. Hutchison  from Senator Coghill's  office and Mr.  Ruaro from                                                               
Senator  Stedman's  office, who  both  worked  on this  amendment                                                               
along with the Department of Natural Resources (DNR).                                                                           
                                                                                                                                
3:31:38 PM                                                                                                                    
CHAD   HUTCHISON,  Staff   to  Senator   Coghill,  Alaska   State                                                               
Legislature, explained  that this amendment  came out of  a point                                                               
Mr.  Bishop made  yesterday  about a  state  statute involving  a                                                               
state Public  Trust Doctrine ceding  regulatory authority  to the                                                               
federal  government. The  amendment eliminates  the reference  to                                                               
federal  authority or  the federal  government as  it relates  to                                                               
state navigable waters.                                                                                                         
                                                                                                                                
3:32:46 PM                                                                                                                    
CHAIR GIESSEL asked him to read lines  8-9 on page 1 as they will                                                               
read if Amendment 2 is adopted.                                                                                                 
                                                                                                                                
3:32:59 PM                                                                                                                    
MR. HUTCHISON read: (1) "authorized by  law or regulation or by a                                                               
permit issued by a state agency;"  He said that lines 10-11 - (2)                                                               
"[AUTHORIZED UNDER  A FEDERAL OR  STATE LAW OR PERMIT]"  - remain                                                               
deleted.  In essence,  all references  to the  federal government                                                               
have been eliminated from the statute.                                                                                          
                                                                                                                                
3:33:39 PM                                                                                                                    
RANDY  RUARO,  staff  to  Senator   Bert  Stedman,  Alaska  State                                                               
Legislature, said he  didn't have anything to add, but  this is a                                                               
good  amendment  that clarifies  a  point  that would  allow  the                                                               
federal government to say a  state statute authorizes obstruction                                                               
of access  because it was  done pursuant to a  federal regulation                                                               
as in the Sturgeon case.                                                                                                        
                                                                                                                                
CHAIR GIESSEL removed her objection.                                                                                            
                                                                                                                                
SENATOR  COGHILL stated  that the  sponsor of  the bill  has been                                                               
working with him and is agreeable to the amendment.                                                                             
                                                                                                                                
CHAIR  GIESSEL, finding  no further  objection, said  Amendment 2                                                               
was adopted. She found no further discussion on the bill.                                                                       
                                                                                                                                
SENATOR COSTELLO moved to report  HB 216, version 29-LS0995\N, as                                                               
amended,  from  committee  with  individual  recommendations  and                                                               
attached zero fiscal note. There  were no objections and SCS CSHB                                                               
216(RES)  was   reported  from  the  Senate   Resources  Standing                                                               
Committee.