Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/20/2018 01:30 PM JUDICIARY
Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
Download Mp3. <- Right click and save file as
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
HB 355-FIRE;FOREST LAND; CRIMES;FIRE PREVENTION 1:38:29 PM CHAIR COGHILL announced the consideration of HB 355 and recognized Senator Shower. 1:39:00 PM SENATOR SHOWER moved to rescind the action [on 4/18/2018] to adopt Amendment 3, 30-LS1382.O.18. CHAIR COGHILL found no objection and Amendment 3 was withdrawn. 1:40:07 PM SENATOR SHOWER moved Amendment 6, 30-LS1382\O.28. 30-LS1382\O.28 Radford 4/20/18 AMENDMENT 6 OFFERED IN THE SENATE BY SENATOR SHOWER TO: CSHB 355(JUD) Page 3, line 9, following "regulation": Insert "under (a) of this section" CHAIR COGHILL objected for an explanation. SENATOR SHOWER explained that withdrawing Amendment 3 and adopting Amendment 6 is an agreement he came to with the bill sponsor, the Division of Forestry, and the Department of Law. His initial concern was that the definition of "other land use" was too broad. The amendment maintains the intent for consistency between Sections 5, 6, and 7 while also meeting his intention to tighten the language regarding other land uses. It essentially establishes that whatever the commissioner puts in regulation is what the inspector must adhere to. 1:42:04 PM At ease 1:42:57 PM CHAIR COGHILL reconvened the meeting. 1:43:06 PM ALLIANA SALANGUIT, Staff, Representative David Guttenberg, Alaska State Legislature, Juneau, Alaska, said the sponsor supports the language in Amendment 6 for HB 355. CHAIR COGHILL asked Ms. Nelson to discuss the effect of the amendment. 1:43:37 PM ANN NELSON, Assistant Attorney General, Department of Law, Juneau, Alaska, explained that the language clarifies that the permit enforcement authority is limited to activities for which a permit is required. 1:44:11 PM SENATOR KELLY joined the committee. CHAIR COGHILL asked Mr. Maisch to discuss the practical effect of the amendment. CHRIS MAISCH, State Forester and Director, Division of Forestry, Department of Natural Resources (DNR), Fairbanks, Alaska, said the language would tighten the statute and tie it to the regulation process. Responding to a question, he confirmed that it would be a more public process tied to the enforcement piece. 1:45:08 PM CHAIR COGHILL found no objection and Amendment 6 was adopted. SENATOR SHOWER asked to hear either the Division of Forestry or the Department of Law state that civil immunity would apply if a citizen was directed by a state official to take certain action. That was part of the agreement to withdrew Amendment 3. MS. NELSON confirmed that the civil immunity statute under AS 41.15.045 would apply to a homeowner or other member of the public who is directed to take certain action at the direction of a federal or state fire official. MR. MAISCH added that he also committed to provide training and educational material to the public so they understand that is an option. The division will also be doing a lot of education about the bail schedule should the bill pass. CHAIR COGHILL noted who was available to answer questions. 1:47:57 PM SENATOR COSTELLO moved to report the CS for HB 355, version O as amended, from committee with individual recommendations and attached fiscal note(s). 1:48:09 PM At ease 1:48:23 PM CHAIR COGHILL reconvened the meeting and advised that the motion referenced the wrong version. He asked Senator Costello to restate the motion. CHAIR COSTELLO moved to report the Senate CS for CSHB 355, version U as amended, from committee with individual recommendations and attached fiscal note(s). CHAIR COGHILL found no objected and SCS CSHB 355(JUD moved from the Senate Judiciary Standing Committee) with the understanding that conforming technical changes may be necessary.