1999-02-19                     House Journal                      Page 0252
HB 97                                                                        
HOUSE BILL NO. 97 by the House Rules Committee by request of                   
the Governor, entitled:                                                        
                                                                               
"An Act relating to the management and protection of state land               
legislatively designated for public use under AS 41.23, and state              
land designated by the commissioner of the Department of Natural               
Resources for special management; and providing for an effective               
date."                                                                         
                                                                               
was read the first time and referred to the Resources, Judiciary and           
Finance Committees.                                                            
                                                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Natural Resources, 2/19/99                               
                                                                               
                                                                               
The Governor's transmittal letter dated February 18, 1999, appears             
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
In the interest of public health and safety, the state of Alaska should        
make every effort to enforce our laws governing conduct on state land          
and water.  Existing statute authorizes certain state employees to             
enforce these laws in state parks and some recreational facilities.            
However, it does not extend that enforcement capability to legislatively       
designated public use areas, other recreation areas, or special use areas.     
This bill I transmit today extends enforcement authority to these other        
highly valued and used lands by authorizing certain employees of the           
Department of Natural Resources to issue citations for violations.             
                                                                               

1999-02-19                     House Journal                      Page 0253
HB 97                                                                        
Perhaps the biggest problem this bill tries to address is the removal of       
abandoned equipment, property, and junk on state land.  Without any            
enforcement authority, the department currently is limited to asking           
violators to remove their junk, usually with no response.  The                 
department would resort to issuing citations when other non-punitive           
attempts to halt the illegal activity have failed.                             
                                                                               
Penalties for conviction of a special area violation would range from          
$1,000 to $5,000 and could include the forfeiture of natural resources         
and profits acquired as a result of the violation.  However, the bill          
authorizes the Alaska Supreme Court to identify offenses that could be         
paid without a court appearance and to set a bail schedule for these           
cases.  It is likely these fines for incidents such as littering,              
unauthorized occupancy, or blocking public access to trails, airstrips,        
and river channels, would mirror fines for these offenses on park lands        
and range from $25 to $200.                                                    
                                                                               
I urge your prompt and favorable action on this measure that will              
enhance the use of our public lands.                                           
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"