Legislature(1993 - 1994)
1994-04-06 Senate Journal
Full Journal pdf1994-04-06 Senate Journal Page 3466 SB 217 SENATE BILL NO. 217 "An Act relating to land of the University of Alaska and authorizing the University of Alaska to select additional state public domain land" was read the second time. Senator Frank moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 3145. Senator Adams objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 217(FIN) "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state public domain land, and defining net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation; and providing for an effective date" was adopted. CS FOR SENATE BILL NO. 217(FIN) was read the second time. Senators Kerttula, Adams offered Amendment No. 1 : Page 1, line 2, after "select" Insert "the surface estate of" Page 2, line 17: Delete "a significant and substantial portfolio of income producing" Insert "the surface estate of state" Page 4, line 10, after "the conveyance of" Insert "the surface estate to" Page 4, line 31: Delete "Notwithstanding AS 38.05.125(a)," Insert "AS 38.05.125(a) applies to" 1994-04-06 Senate Journal Page 3467 SB 217 Page 5, line 2, after "section" Delete "includes the interest of the state in the oil, gas, coal, ores, minerals, fissionable materials, geothermal resources, and fossils which may be in or on the land" Senator Kerttula moved for the adoption of Amendment No. 1. Senator Frank objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 217(FIN) Second Reading Amendment No. 1 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Halford, Kerttula, Lincoln, Little, Pearce, Phillips, Salo, Zharoff Nays: Frank, Jacko, Kelly, Leman, Miller, Rieger, Sharp, Taylor Taylor changed from "Yea" to "Nay". and so, Amendment No. 1 was adopted. Senator Adams offered Amendment No. 2 : Page 1, line 1, after the word "to" Insert "general grant land municipal entitlements," Page 11, after line 13, insert the following and renumber bill sections accordingly and effective dates accordingly: *Sec. 11. AS 29.65.010 is repealed. 1994-04-06 Senate Journal Page 3468 SB 217 [SEC. 29.65.010. DETERMINATION OF ENTITLEMENT OF BOROUGHS AND UNIFIED MUNICIPALITIES. (a) THE GENERAL GRANT LAND ENTITLEMENT OF EACH OF THE MUNICIPALITIES IN THIS SECTION IS THE AMOUNT SET OUT OPPOSITE EACH: (1) MUNICIPALITY OF ANCHORAGE - 44, 893 ACRES; (2) CITY AND BOROUGH OF JUNEAU - 19,584 ACRES; (3) CITY AND BOROUGH OF SITKA - 10,500 ACRES; (4) BRISTOL BAY BOROUGH - 2,898 ACRES; (5) FAIRBANKS NORTH STAR BOROUGH - 112, 000 ACRES; (6) HAINES BOROUGH - 2,800 ACRES; (7) KENAI PENINSULA BOROUGH - 155, 780 ACRES; (8) KETCHIKAN GATEWAY BOROUGH - 11, 593 ACRES; (9) KODIAK ISLAND BOROUGH - 56,500 ACRES; (10) MATANUSKA-SUSITNA BOROUGH - 355, 210 ACRES; (11) NORTH SLOPE BOROUGH - 89,850 ACRES.] *Sec. 12. AS 29.65.020 is repealed. [SEC. 29.65.020. DETERMINATION OF ENTITLEMENT FOR CITIES. (a) THE GENERAL GRANT LAND ENTITLEMENT OF A CITY FORMERLY ELIGIBLE TO RECEIVE GRANT LAND UNDER THE PROVISIONS OF FORMER AS 29.18.190 AND 29.18.200 IS TEN PERCENT OF THE MAXIMUM TOTAL ACREAGE OF VACANT, UNAPPROPRIATED, UNRESERVED LAND IN THE BOUNDARIES OF EACH CITY AT ANY TIME BETWEEN THE INITIAL DATE OF ELIGIBILITY UNDER FORMER AS 29.18.190 AND 29.18.200 AND JANUARY 1, 1988. WITHIN SIX MONTHS 1994-04-06 Senate Journal Page 3469 SB 217 AFTER JANUARY 1, 1988, THE DIRECTOR SHALL DETERMINE THE ENTITLEMENT FOR EACH CITY ELIGIBLE TO RECEIVE GENERAL GRANT LAND UNDER THIS SECTION AND CERTIFY THAT ENTITLEMENT TO THE CITY.] *Sec. 13. AS 29.65.030 is repealed. [SEC. 29.65.030. DETERMINATION OF ENTITLEMENT FOR NEWLY INCORPORATED MUNICIPALITIES. (a) THE GENERAL GRANT LAND ENTITLEMENT OF A MUNICIPALITY INCORPORATED AFTER JULY 1, 1978, THAT DOES NOT QUALIFY FOR AN ENTITLEMENT UNDER AS 29.65.010 OR 29.65.020 IS 10 PERCENT OF THE MAXIMUM TOTAL ACREAGE OF VACANT, UNAPPROPRIATED, UNRESERVED LAND WITHIN THE BOUNDARIES OF THE MUNICIPALITY BETWEEN THE DATE OF ITS INCORPORATION AND TWO YEARS AFTER THAT DATE. (b) WITHIN TWO YEARS AND SIX MONTHS AFTER THE DATE OF INCORPORATION OF THE MUNICIPALITY, THE DIRECTOR SHALL DETERMINE THE ENTITLEMENT OF EACH MUNICIPALITY ELIGIBLE TO RECEIVE GENERAL GRANT LAND UNDER (a) OF THIS SECTION AND CERTIFY THE ENTITLEMENT TO THE MUNICIPALITY. HOWEVER, THE GOVERNING BODY OF A CITY MAY, BY RESOLUTION, REQUEST THE DIRECTOR TO CERTIFY THE ENTITLEMENT TO THE CITY ON AN EXPEDITIOUS BASIS. THE DIRECTOR SHALL DETERMINE AND CERTIFY THE ENTITLEMENT WITHIN SIX MONTHS AFTER RECEIPT OF THE RESOLUTION.] *Sec. 14. AS 29.65 is amended by adding a new section to read: Sec. 29.65.035. DETERMINATION OF ENTITLEMENT FOR MUNICIPALITIES. The general grant land entitlement of a municipality is 10 percent of the maximum total acreage of vacant, unappropriated, unreserved land within the boundaries of the municipality, or amount equal to the acreage contained in former AS 29.65.010, whichever is greater. *Sec. 15. AS 29.65.040 is amended to read: 1994-04-06 Senate Journal Page 3470 SB 217 Sec. 29.65.040. (a) After July 1, 1978, general grant land entitlements provided in former AS 29.18.201 and 29.18.202 are vested property rights that must be fulfilled as provided in AS 29.65.050 or 29.65.080. After January 1, 1988, general grant land entitlements provided in former AS 29.65.010 are vested property rights that must be fulfilled as provided in AS 29.65.050 or 29.65.080. (b) General grant land entitlements provided by former AS 29.65.030 are property rights that vest on the date of incorporation of the municipality. The entitlement must be fulfilled as provided in AS 29.65.050. (c) General grant land entitlements provided by AS 29.65.035 are vested property rights that must be fulfilled as provided in AS 29.65.050. [LAND MAY BE SELECTED OR NOMINATED FOR SELECTION BY A MUNICIPALITY TO SATISFY A GENERAL GRANT LAND ENTITLEMENT UNDER FORMER AS 29.18.201 AND 29.18.202 AT ANY TIME BEFORE OCTOBER 1, 1980. LAND MAY BE SELECTED OR NOMINATED FOR SELECTION BY A MUNICIPALITY TO SATISFY A GENERAL GRANT LAND ENTITLEMENT UNDER AS 29.65.010 AT ANY TIME BEFORE OCTOBER 1, 1990.] However, if a municipal selection or nomination or a part of a municipal selection or nomination is rejected by the director, the municipality may, not later than 90 days after receipt of the rejection or final decision on an appeal filed under AS 29.65.050(d), select additional state land as necessary to satisfy its entitlement. [(d) LAND MAY BE SELECTED BY A MUNICIPALITY TO SATISFY A GENERAL GRANT LAND ENTITLEMENT UNDER AS 29.65.030 AT ANY TIME WITHIN ONE YEAR AFTER THE DIRECTOR CERTIFIES THE ENTITLEMENT TO THE MUNICIPALITY. (e) THE TIME LIMITATIONS IMPOSED BY (c) AND (d) OF THIS SECTION FOR EXERCISING A VESTED GENERAL GRANT LAND ENTITLEMENT DO NOT APPLY TO (1) THE PORTION OF AN ENTITLEMENT THAT CANNOT BE SATISFIED BY THAT DATE BECAUSE OF A SHORTAGE OF LAND SUITABLE FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL PROPOSES THAT IS VACANT, UNAPPROPRIATED, UNRESERVED LAND; 1994-04-06 Senate Journal Page 3471 SB 217 (2) PAYMENTS FOR LAND DEFICIENCY UNDER AS 29.65.080; (3) THE PORTION OF AN ENTITLEMENT THAT CANNOT BE SATISFIED BECAUSE THE LAND SELECTED BY A MUNICIPALITY HAS BEEN SELECTED BY A PARTY ENTITLED TO SELECT LAND OWNED BY THE UNITED STATES OR THE STATE; OR (4) THE PORTION OF AN ENTITLEMENT THAT CANNOT BE SATISFIED BECAUSE THE LAND NOMINATED FOR SELECTION BY THE MUNICIPALITY IS NOT TENTATIVELY APPROVED FOR PATENT TO THE STATE.] * Sec. 16. AS 29.65.050 is amended to read: Sec. 29.65.050. FULFILLMENT OF LAND ENTITLEMENTS. (a) The acreage of each municipality's land selections for which patent has been issued before July 1, 1978, shall be credited toward fulfillment of the entitlement of that municipality. (b) All approved selections under former AS 29.18.190 and 29.18.200 for which patent has not been issued to a municipality on July 1, 1978, shall be reviewed by the director within nine months after July 1, 1978. Any approved selection of land that was vacant, unappropriated, or unreserved on the date of selection is valid as of the date of the approval under former AS 29.18.190, 29.18.200, 29.18.201, 29.18.202, and 29.18.203 and a patent shall be issued to the municipality within three months after approval by the director of a plat of survey. The acreage shall be credited toward fulfillment of the municipality's entitlement. A municipality is not entitled to receive patent under this chapter to more than its entitlement determined under AS 29.65.010 - 29.65.035 [AS 29.65.010 - 29.65.030]. Any prior approval by the director of municipal selections for land that was not vacant, unappropriated, or unreserved on the date of selection shall be rescinded, and patent may not be issued except when disposal to a third party by sale or lease has occurred. Transfers of land to municipalities under this chapter are subject to AS 38.05.321. Classification actions as reflected on the land status records of the Department of Natural Resources are determinative of land classification status for purposes of this chapter. 1994-04-06 Senate Journal Page 3472 SB 217 (c) The director shall approve or disapprove each selection for patent within nine months of its selection by a municipality. Before a decision is issued the Department of Community and Regional Affairs shall review the selection and recommend approval or disapproval of it. The director may disapprove a selection only upon a finding that the public interest in retaining state ownership of the land outweighs the municipality's interest in obtaining the land. A patent shall be issued to the municipality for land selected in satisfaction of a general grant land entitlement vested under ASAS 29.65.010 - 29.65.035 [AS 29.65.010 - 29.65.030] within three months after approval by the director of a plat of survey. (d) Before disapproving a selection, the director shall notify the municipality in writing of the decision and set out reasons for it. The municipality may submit a written response within 30 days after receipt of the notice. Within 30 days after the period for responding has expired, the director shall affirm, modify, or reverse the decision and supply the municipality with written notice of that action. If the selection is disapproved, the municipality may file notice of an appeal with the director. The appeal shall be heard under procedures adopted by regulation of the Department of Natural Resources. Before reaching a decision on an appeal the Department of Natural Resources shall request the Department of Community and Regional Affairs to review the matter and submit a recommendation. After reviewing the recommendation, a decision on the appeal shall be submitted by the Department of Natural Resources to the municipality in writing within 30 days after the notice of appeal was filed with the director. A municipality may appeal an adverse decision to the superior court under AS 44.62.560 - 44.62.570. * Sec. 17. AS 29.65.129 is amended to read: Sec. 29.65.129. POLICY. Consistent with the best interest of the state, it is the policy of the state to provide a [NEWLY FORMED] municipality with a general grant land entitlement that is no less than 10 percent of vacant, unappropriated, unreserved land located within its boundaries. It is the policy of the state to provide for expeditious transfer and patent of land to a municipality in fulfilling its entitlement. * Sec. 18. AS 29.65.130(10) is amended to read: (10) "vacant, unappropriated, unreserved land" means general grant land as defined in (3) of this section, excluding minerals as required by Sec. 6(i) of the Alaska Statehood Act, that 1994-04-06 Senate Journal Page 3473 SB 217 (A) has not been set aside by statute for one or more particular uses or purposes; (B) has not been approved for patent to a municipality under this chapter or former AS 29.18.190 and 29.18.200; [(C) IS UNCLASSIFIED OR, IF CLASSIFIED UNDER as 38.05.300, IS CLASSIFIED FOR AGRICULTURAL, GRAZING, MATERIAL, PUBLIC RECREATION, OR SETTLEMENT PURPOSES, OR IS CLASSIFIED IN ACCORDANCE WITH AN AGREEMENT BETWEEN A MUNICIPALITY AND THE STATE PROVIDING FOR STATE MANAGEMENT OF LAND OF THE MUNICIPALITY; OR (D) WAS CLASSIFIED NO EARLIER THAN SEPTEMBER 1, 1983, AS RESOURCE MANAGEMENT AND IS STILL CLASSIFIED AS RESOURCE MANAGEMENT UNDER AS 38.05.300.] Senator Adams moved for the adoption of Amendment No. 2. Senator Taylor objected. Senator Adams called the Senate. Senator Frank moved the question of whether Amendment No. 2 was germane. President Halford stated in Mason's Manual, Section 402, the question of whether the proposed amendment is germane is to be decided by the body. Senator Adams moved and asked unanimous consent that Amendment No. 2 be withdrawn. Without objection, it was so ordered. Senator Ellis offered Amendment No. 3 : 1994-04-06 Senate Journal Page 3474 SB 217 Page 4, line 10: Delete "1,000,000" Insert " 500,000" Senator Ellis moved for the adoption of Amendment No. 3. Senator Frank objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 217(FIN) am Second Reading Amendment No. 3 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Halford, Kelly, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Jacko, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 3 was adopted. Senator Lincoln offered Amendment No. 4 : Page 4, line 28: Delete "or" Page 4, line 30 following "agreement" Insert "; or (7) does not negatively impact traditional uses" Senator Lincoln moved for the adoption of Amendment No. 4. Senator Frank objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: 1994-04-06 Senate Journal Page 3475 SB 217 CSSB 217(FIN) am Second Reading Amendment No. 4 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Leman, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Kelly, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 4 was adopted. Senator Frank moved that the Senate rescind its previous action in adopting Amendment No. 1. Senator Adams objected. The question being: "Shall the Senate rescind its previous action in adopting Amendment No. 1?" The roll was taken with the following result: CSSB 217(FIN) am Rescind Previous Action Amendment No. 1 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Duncan, Frank, Jacko, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor Nays: Adams, Donley, Ellis, Halford, Kerttula, Lincoln, Little, Phillips, Salo, Zharoff and so, the Senate failed to rescind its previous action. Senator Taylor moved that the Senate rescind its previous action in adopting Amendment No. 4. Senator Adams lifted his call of the Senate. 1994-04-06 Senate Journal Page 3476 SB 217 Senator Taylor moved and asked unanimous consent that his motion to rescind action in adopting Amendment No. 4 be withdrawn. Without objection, it was so ordered. SB 217 Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 217(FIN) am "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select the surface estate of additional state public domain land, and defining net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation; and providing for an effective date" be held in second reading to the April 7 calendar. Without objection, it was so ordered.