02/19/1997 01:40 PM House FIN

                                                                               
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  HOUSE BILL 17                                                                
                                                                               
       "An   Act  establishing   the  Department   of  Natural                 
       Resources as the platting authority in certain areas of                 
       the state;  relating to  subdivisions and  dedications;                 
       and providing for an effective date."                                   
                                                                               
  REPRESENTATIVE JEANNETTE JAMES  noted that  last year HB  17                 
  was  HB 80  which  died in  the  rush of  adjournment.   She                 
  commented that work on the legislation over the last several                 
  years has molded the  bill into one that has  no opposition.                 
  Representative James  advised that the  proposed legislation                 
  is supported by  the Department of Natural  Resources (DNR),                 
  surveyors and all impacted classes of people.                                
                                                                               
  HB 17 would bring all of  the unorganized boroughs under the                 
  purview of  DNR as pertaining  to platting  of real  estate.                 
  The  bill would  also clean  up  the definition  problems by                 
  defining the word "subdivision" so that all agencies use the                 
  same terminology.  The Department has specified a time frame                 
  in which the plat must be  approved or disapproved.  If  the                 
  review is not completed  in a timely manner, the  plat would                 
  be approved by default.                                                      
                                                                               
  Representative James  proceeded to address  the changes made                 
  to the original legislation in the committee substitute.                     
                                                                               
  Representative  Grussendorf  asked   if  the  boroughs   and                 
  municipalities had  been contacted  regarding impact of  the                 
  legislation.   Representative James  noted that  the process                 
  would not affect the boroughs or municipalities because they                 
  already have their own rules.   The only ones affected would                 
  be the  ones with no platting  authority.  The law  would be                 
  relative to a new  borough or municipality and  the language                 
  of the bill would include University lands.   She concluded,                 
  the  purpose  of the  legislation  would  be  to meet  State                 
  requirements for monumentation, review and legal access.                     
                                                                               
  Representative Foster asked how the legislation would affect                 
  patented  mining  claims.   Representative  James understood                 
  that if at  this time they are doing it, they would not have                 
  to provide  legal access.   Under  the DNR  purview and  the                 
  proposed legislation, legal  access would be required.   She                 
  advised that  the legislation  would cover  all lands  where                 
  there is no other platting authority.                                        
                                                                               
  PATRICK KALEN, PRESIDENT, AMERICAN CONGRESS ON SURVEYING AND                 
  MAPPING (ACSM), FAIRBANKS, spoke in  support of the proposed                 
  legislation.    The   original  bill  appeared  before   the                 
  Legislature in 1976.  ACSM  initially forbade the Department                 
  from  implementing  engineering  standards.    He  commended                 
  Representative  James   for  creating  a  "good"   piece  of                 
                                                                               
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  legislation and one which ACSM supports.                                     
                                                                               
  Representative Foster  noted that the fiscal  note indicates                 
  that  revenues  raised  would  pay  for the  Lands  Surveyor                 
  Assistant II position.  He voiced  concern that living in an                 
  unorganized  borough,  those  funds would  be  going  to the                 
  General Fund.   His fear  was with future  budget cuts,  the                 
  permitting process would be slowed down.                                     
                                                                               
  Mr. Kalen replied  that a 45 day time limit for filing would                 
  be installed.  Co-Chair Therriault pointed out that Page #4,                 
  Line  #3, clarifies that  language noting the  45 day filing                 
  time limit and  that, "the Commissioner 'shall'  approve the                 
  plat or return it".                                                          
                                                                               
  Co-Chair Therriault asked the difference between last year's                 
  fiscal  note  and  the current  one.    Representative James                 
  explained,  last  year's  fiscal  note  had  indicated   $64                 
  thousand  dollars  in  receipts and  expenses;  the  current                 
  fiscal note requests $73.3 thousand  dollars with a start-up                 
  request of $21.3 thousand dollars.                                           
                                                                               
  CAROL   CARROLL,   DIRECTOR,   DIVISION  OF   ADMINISTRATIVE                 
  SERVICES, DEPARTMENT  OF NATURAL  RESOURCES, added  that the                 
  difference between  the two  notes was  directly related  to                 
  personal services  and the funding  of the Land  Surveyor II                 
  position.   She  was  not  aware  of  the  position  funding                 
  requested last year.  Representative  James pointed out that                 
  as the costs have risen, the permit fee was increased.                       
                                                                               
  Representative G. Davis asked if the fee would be adjustable                 
  depending on the  actual costs.  Representative  James noted                 
  that the fee would cover the expenses.                                       
                                                                               
  Representative J. Davies pointed out that the fees  would be                 
  received  as  General Fund  receipts.    If  there were  $70                 
  thousand dollars General Fund receipts, under present budget                 
  operations,  a $70  thousand dollars  would need  to be  cut                 
  elsewhere  in  the  budget.    Representative  James agreed,                 
  although,   countered   that  legal   challenges  addressing                 
  subdivisions  could  "eat"  that  amount  up quickly.    She                 
  believed that the  legislation would provide a  savings over                 
  the long term.                                                               
                                                                               
  Representative J. Davies commented for  the record that this                 
  type of receipt should be  categorized as designated program                 
  receipts so that no other service  would be cut from another                 
  program.                                                                     
                                                                               
  Representative Martin MOVED to report CS  HB 17 (RES) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal note.  There being  NO OBJECTION, it was                 
                                                                               
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  so ordered.                                                                  
                                                                               
  CS HB  17 (RES)  was reported out  of Committee  with a  "do                 
  pass"  recommendation  and   with  a  fiscal  note   by  the                 
  Department of Natural Resources dated 1/31/97.