SENATE JUDICIARY COMMITTEE April 19, 1999 1:37 p.m. MEMBERS PRESENT Senator Robin Taylor, Chairman Senator Rick Halford, Vice-Chairman Senator Dave Donley MEMBERS ABSENT Senator John Torgerson Senator Johnny Ellis COMMITTEE CALENDAR SENATE BILL NO. 45 "An Act relating to tort immunity for personal injuries or death occurring on land; relating to the vacation by the state or a municipality of rights-of-way acquired by the state under former 43 U.S.C. 932; and providing for an effective date." -MOVED CSSB 45(JUD) OUT OF COMMITTEE SENATE BILL NO. 109 "An Act relating to prohibited campaign contributions; and providing for an effective date." -HEARD AND HELD PREVIOUS SENATE COMMITTEE ACTION SB 45 - No previous action to report. SB 109 - No previous action to report. WITNESS REGISTER Mr. Brett Huber Staff to Senator Rick Halford State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Presented SB 45 Mr. Bryan Merrell 7751 Charlotte Circle Anchorage, AK 99502 POSITION STATEMENT: Opposed SB 45 Mr. Bill Eastham HC 03, Box 8286 Anchorage, AK 99646 POSITION STATEMENT: Supported SB 45 Mr. Lee Johnson 2650 Dale Road Fairbanks, AK 99709 POSITION STATEMENT: Supported SB 45 Ms. Margret Seeley PO Box 962 Homer, AK 99603 POSITION STATEMENT: Supported SB 45 Mr. Mike Eastham, Snomads PO Box 3646 Homer, AK 99603 POSITION STATEMENT: Supported SB 45 Mr. Tim Krug 290 East Herning Wasilla, AK 99654 POSITION STATEMENT: Supported SB 45 Mr. Howard Davis Caribou Cabin Hoppers PO Box 395 Clam Gulch, AK 99568 POSITION STATEMENT: Supported SB 45 Mr. Lance Stevens Alaska State Snowmobilers Association 17419 Kantishna Anchorage, AK 99577 POSITION STATEMENT: Supported SB 45 Mr. Tim Borgstrom Alaska Economic Development Council 900 West 9th Anchorage, AK 99501 POSITION STATEMENT: Supported SB 45 ACTION NARRATIVE TAPE 99-27, SIDE A Number 001 CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to order at 1:37 and announced SB 45 would be the first order of business. SB 45-LAND OWNER IMMUNITY/ RT-OF-WAY VACATION MR. BRETT HUBER, staff to Senator Rick Halford, testified that SB 45 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 45. 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. SB 109-CAMPAIGN FUNDRAISING CHAIRMAN TAYLOR announced SB 109 would be up for discussion. Number 171 SENATOR HALFORD moved to adopt the committee substitute for SB 109(JUD). Without objection, the committee substitute was adopted. SENATOR DONLEY stated he would defer to the sectional analysis of CSSB 109(JUD) for an explanation of the bill. He stated the bill conforms to the AK Supreme Court decision released over the weekend and makes additional changes to alleviate problems that have recently developed. Number 199 MS. SUSIE BARNETT, staff to the Select Committee on Legislative Ethics, testified regarding the changes to the Ethics Code beginning on page 11 of the bill. MS. BARNETT pointed out there were changes to the Ethics Code, making it more permissive to legislators, that took effect four months ago. MS. BARNETT testified that the deletions proposed in section 15 of the bill, change current law which prohibits legislators and legislative employees from using public resources for non- legislative purposes, for political activities or for a person's private benefit, and is a major policy change. MS. BARNETT said that is a policy call for the Legislature to make, but she wanted legislators to recognize "it is a policy shift." MS. BARNETT particularly noted the absence of any reference to "private benefit" in the proposed amended language, which is prohibited under the current language. MS. BARNETT suggested this may be an oversight. MS. BARNETT said Section 16 I (1) appears to make a change allowing the display and dissemination of campaign material in and from private offices. MS. BARNETT said she is aware of the discussion in the Legislature regarding the legality of campaigning and fundraising activities of seated legislators during the legislative session. She suggested the Legislature may wish to request a legal opinion on the Supreme Court decision, particularly as it relates to the restrictions on accepting campaign contributions during the session. MS. BARNETT believed if the Legislature amended the Ethic Code to allow acceptance of contributions during session, the public members of the Ethics Committee might look at more restrictive language governing the use of State resources. Number 280 MS. BARNETT stated Section 16 needs further review by the Ethics Committee, since the new two-tiered approach separates legislators from legislative employees and the committee would want to ensure employees are not put at risk by actions taken by legislators. MS. BARNETT concluded that the Ethics Committee "would like and deserves time to evaluate these proposed changes and take a look at the full Code." MS. BARNETT suggested Section 17 could allow the solicitation and acceptance of inappropriate gifts. She said she did not believe this was the intent of the provision. MS. BARNETT stated Section 18 directs the Ethics Committee to "think a certain way." She has never seen a statutory directive like this. MS. BARNETT remarked that this section also represents a policy shift in saying the law should be interpreted in the way "least restrictive to legislators." MS. BARNETT spoke on behalf of the Ethics Committee in saying they would like the opportunity to review the proposed changes and work with the Judiciary Committee in an effort to maintain and promote ethical standards. Number 316 CHAIRMAN TAYLOR remarked he was troubled by some of MS. BARNETT's questions. He said, "There seems to be an attitude . . . that no legislator is allowed to be a citizen while he is being a legislator . . . " He gave an example of activity by a legislator using state equipment for a personal use and perhaps even private gain. He gave a hypothetical example of his wife calling and informing him of a plumbing leak in his Wrangell home, flooding his home as well as the room rented to a tenant. He said he might need to call his wife back and call some plumbers in Wrangell as well. He said this would be of personal, and perhaps even financial benefit to him. He commented, "I think that is something that most people would consider rather reasonable, that my wife should be able to make that phone call to me and that I should be able to respond to her." He said according to the interpretation of the Ethics Committee, he would have to leave the building and use a pay phone, yet the Governor can fly to Kodiak during the legislative session, using the assets of the State Troopers and conduct two fund-raisers. He concluded, "It seems to me there is a bit of a double standard out there." CHAIRMAN TAYLOR commented that the interpretations of the Ethics Committee should revolve around the practical real life of being a citizen legislator, since legislators are not full time employees. He asked where the common sense is. CHAIRMAN TAYLOR stated his intent to work closely with the Ethics Committee and Senators Donley and Hoffman on SB 109. CHAIRMAN TAYLOR announced he is serious about this legislation and appreciates MS. BARNETT's comments. With nothing further to come before the committee, CHAIRMAN TAYLOR adjourned the meeting at 2:02 p.m.