Legislature(2005 - 2006)HOUSE FINANCE 519

04/06/2006 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 488 OIL AND GAS PRODUCTION TAX TELECONFERENCED
<Bill Hearing Canceled>
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HCR 30 AK CLIMATE IMPACT ASSESSMENT COMMISSION TELECONFERENCED
Moved CSHCR 30(FIN) Out of Committee
+= HB 307 KNIK RIVER PUBLIC USE AREA TELECONFERENCED
Moved CSHB 307(RES) Out of Committee
+= HB 493 SCHOOL CONSTRUCTION BOND REIMBURSEMENT TELECONFERENCED
Moved CSHB 493(FIN) Out of Committee
+= HB 105 MEDICAID FOR ADULT DENTAL SERVICES TELECONFERENCED
Moved CSHB 105(FIN) Out of Committee
HOUSE BILL NO. 307                                                                                                            
                                                                                                                                
     An Act creating the Knik River Public Use Area.                                                                            
                                                                                                                                
ROBERT  HOWARD,  FRIENDS  OF   RESIDENCE,  PALMER,  testified                                                                   
against  HB 307.   He noted  his last  two decades  seriously                                                                   
advocating the  committing of local resources  to responsible                                                                   
use.   [Mr. Howard distributed  photographs to  the Committee                                                                   
of the area.]                                                                                                                   
                                                                                                                                
He  said he  served  with the  Trails  Committee, the  Mat-Su                                                                   
Trails  Council  and a  founding  member  of the  Knik  River                                                                   
Watershed Group.   Mr. Howard believes there  are better ways                                                                   
to  address problems  of  that region.    A State  recreation                                                                   
access  area could  provide a  better solution.   He  thought                                                                   
that an area accessible to more  than 300 thousand people and                                                                   
riddled with  trail services will create  undeniable impacts.                                                                   
Mr. Howard stressed the need for  a management plan including                                                                   
a Citizen's  Advisory Board.   He urged  that HB  307 contain                                                                   
stated deadlines.                                                                                                               
                                                                                                                                
1:52:12 PM                                                                                                                    
                                                                                                                                
CARRIE GREY  WOLF, (TESTIFIED  VIA TELECONFERENCE),  WILDLIFE                                                                   
BIOLOGIST,   PALMER,   testified   in   opposition   to   the                                                                   
legislation.   She pointed  out that  birds and waterfowl  do                                                                   
not  have the  option  to  leave; the  Valley  is  part of  a                                                                   
critical  migration route.    Bird watching  in  Alaska is  a                                                                   
multi  million-dollar  business.   If  the bill  passes,  she                                                                   
urged that  the Commissioner have  the authority  to restrict                                                                   
the type  of weapons  used in the  critical habitat  area and                                                                   
regulate  the  time  of  discharge  in  the  wetlands.    She                                                                   
advocated for sufficient funding  for education, enforcement,                                                                   
habitat   protection,    sanitary   facilities    and   trail                                                                   
maintenance.                                                                                                                    
                                                                                                                                
1:54:57 PM                                                                                                                    
                                                                                                                                
CECILY  FRITZ,  (TESTIFIED VIA  TELECONFERENCE),  KNIK  RIVER                                                                   
WATERSHED GROUP,  PALMER, thanked Representative  Stoltze for                                                                   
initiating a  plan that would  help bring people  together to                                                                   
accommodate  all users and  the resources in  the area.   She                                                                   
urged effective enforcement, asking  how the enforcement will                                                                   
happen.                                                                                                                         
                                                                                                                                
Ms. Fritz  recommended  the Committee  amend Page 2,  Section                                                                   
41-23-190  - to  include  a Citizen's  Advisory  Board.   She                                                                   
stated that  Page 3, Lines  13-18, does not allow  management                                                                   
of  the trails  near  residential  areas,  in the  dunes,  or                                                                   
consideration of  motorized use  of the upland  trails during                                                                   
the winter season.                                                                                                              
                                                                                                                                
Ms.  Fritz  pointed out  that  swans  are present  near  that                                                                   
trail.   She  urged  that the  bill be  amended  on Line  13,                                                                   
inserting language  "as compatible with the  purposes of that                                                                   
section and ending the sentence  after the word "ariel".  She                                                                   
noted  that with  good legislation,  their  group could  work                                                                   
effectively with the various agencies.                                                                                          
                                                                                                                                
1:58:42 PM                                                                                                                    
                                                                                                                                
ERIC UHDE, (TESTIFIED VIA TELECONFERENCE),  ALASKA CENTER FOR                                                                   
THE ENVIRONMENT (ACE), ANCHORAGE,  testified in opposition to                                                                   
HB  307,  noting   that  it  does  nothing   to  help  manage                                                                   
activities.  ACE recommends a  local management style for the                                                                   
area,  managed as  a  recreation  area.   The  Knik River  is                                                                   
notorious  for being a  dangerous place  and the  legislation                                                                   
fails  to  tackle   those  problems.    HB   307  limits  the                                                                   
Commissioner  of  the  Department  of  Natural  Resources  to                                                                   
manage the  resources and  does not provide  for any  "on the                                                                   
ground  enforcement".   HB 307 allows,  "grand fathering"  of                                                                   
all existing trails; he recommended  that section be deleted.                                                                   
The  planning process  is  the best  place  to address  trail                                                                   
issues for critical habitat areas.                                                                                              
                                                                                                                                
Mr.  Uhde recommended  that  a  Citizen's Advisory  Board  be                                                                   
established   to  compliment   the   Department  of   Natural                                                                   
Resources management.   In any  event, proper funding  is the                                                                   
key.  He  pointed out that  the fiscal note does  not address                                                                   
enforcement and  funding that  is essential.   In conclusion,                                                                   
the local population should be  the ones to determine the use                                                                   
of management areas.                                                                                                            
                                                                                                                                
2:02:05 PM                                                                                                                    
                                                                                                                                
TODD CLARK,  (TESTIFIED VIA  TELECONFERENCE), ALASKA  OUTDOOR                                                                   
ACCESS  ALLIANCE (AOAA),  ANCHORAGE, discussed  the goals  of                                                                   
AOAA to  maximize the  largest use  of the public  resources.                                                                   
In  South-central   Alaska,  there   needs  to  be   a  place                                                                   
designated for  use by motorized  vehicles.  HB  307 provides                                                                   
the  opportunity  for education,  protection  and  management                                                                   
enforcement.  He  suggested that HB 307 could  help solve the                                                                   
problems, reiterating that enforcement is the key issue.                                                                        
                                                                                                                                
2:05:47 PM                                                                                                                    
                                                                                                                                
PATTI BARBER, (TESTIFIED VIA TELECONFERENCE),  PALMER, voiced                                                                   
appreciation  for HB  307, which protects  motor home  users.                                                                   
She agreed there  needs to be greater funding  for the Alaska                                                                   
State Troopers for proper enforcement.                                                                                          
                                                                                                                                
2:06:43 PM                                                                                                                    
                                                                                                                                
KEN BARBER,  (TESTIFIED VIA  TELECONFERENCE), PALMER,  voiced                                                                   
100% support  for HB  307 and recommended  no changes  to the                                                                   
bill.  Mr. Barber agreed that enforcement is essential.                                                                         
                                                                                                                                
2:08:05 PM                                                                                                                    
                                                                                                                                
DICK COUTTS, (TESTIFIED VIA TELECONFERENCE),  BUTTE COMMUNITY                                                                   
COUNCIL TRAIL  COMMITTEE, PALMER,  noted support for  HB 307.                                                                   
He  explained the  need for  public use  designation for  the                                                                   
Knik River valley.  The traditions  and rural lifestyles must                                                                   
be  protected -  hunting,  fishing, prospecting  &  trapping.                                                                   
There  are other  parts  of Alaska  that  offer  areas of  no                                                                   
motorized  vehicles.    Tourism   is  a  choice  of  economic                                                                   
viability  in  the   Butt  area.    Offering   a  public  use                                                                   
designation  is   an  option   for  everyone.     Mr.  Coutts                                                                   
acknowledged the need for more  law enforcement but not a lot                                                                   
of  new restrictions.    There  are approximately  72  public                                                                   
agencies that have  regulations in place already  for such an                                                                   
infrastructure.                                                                                                                 
                                                                                                                                
2:11:09 PM                                                                                                                    
                                                                                                                                
DICK   MYLIUS,   (TESTIFIED   VIA   TELECONFERENCE),   DEPUTY                                                                   
DIRECTOR, DIVISION  OF MINING  LAND AND WATER,  DEPARTMENT OF                                                                   
NATURAL RESOURCES,  ANCHORAGE, commented that  the Department                                                                   
of Natural Resources  has worked closely  with Representative                                                                   
Stoltze &  Senator Huggins  on the  legislation.  He  thought                                                                   
the changes made have been good.   The legislation sets aside                                                                   
264 thousand  acres as  a public use  area; there  is general                                                                   
support  for addressing  the concerns.   The management  plan                                                                   
offers a  good opportunity  to address  the issues.   Another                                                                   
key point of the  bill is that it provides  the Department of                                                                   
Natural  Resources  enforcement   authority  along  with  the                                                                   
Alaska  State  Troopers  for   citing  violations.    Current                                                                   
enforcement is not working on the ground.                                                                                       
                                                                                                                                
2:13:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BILL STOLTZE, SPONSOR,  thanked the Department                                                                   
of Natural Resources  for the proposed  enforcement language.                                                                   
He appreciated the  direction the bill has moved;  he pointed                                                                   
out he  is working  on an amendment  that would allow  groups                                                                   
outside government,  to provide resources  for organizational                                                                   
costs.  He highlighted long-term issues of the area.                                                                            
                                                                                                                                
2:15:06 PM                                                                                                                    
                                                                                                                                
Representative  Kerttula  voiced  her appreciation  with  the                                                                   
proposed cleaning up; she asked  how the public process would                                                                   
include   involvement   from   the  Department   of   Natural                                                                   
Resources.    Mr.  Mylius  said they  intend  to  follow  the                                                                   
standard public project process,  which takes about two years                                                                   
and  involves   public  meetings   to  identify   issues  and                                                                   
concerns.  There  were hearings held on the  legislation last                                                                   
summer to  focus on the issues.   The Department  will gather                                                                   
data to  deal with issues such  as a public  survey regarding                                                                   
area  use.   A draft  plan would  be  written, following  the                                                                   
meetings on the plan and then  a final plan would be written.                                                                   
He  summarized the  three  rounds of  public  meetings.   The                                                                   
planning team  would consist of  the State agencies  involved                                                                   
in land and resource management and the borough.                                                                                
                                                                                                                                
2:17:21 PM                                                                                                                    
                                                                                                                                
Representative  Kerttula understood the  time and  effort put                                                                   
into  planning, and  asked if  at  some point  a more  formal                                                                   
group could happen.   Mr. Mylius responded that  had occurred                                                                   
from time to time in the planning  efforts.  Initially, there                                                                   
was a  formal advisory board  - a group  that was  useful but                                                                   
added time and  expense to the process.  It is  known who the                                                                   
prime usury groups will be.                                                                                                     
                                                                                                                                
2:18:56 PM                                                                                                                    
                                                                                                                                
Representative  Kerttula  pointed  out that  the  enforcement                                                                   
section appears to  be broader than normal and  asked what it                                                                   
encompasses.  Mr. Mylius replied  at this time, the only ones                                                                   
authorized to  issue warrants are the Alaska  State Troopers,                                                                   
which  includes employees  from  the Department  of Fish  and                                                                   
Game and State Rangers.                                                                                                         
                                                                                                                                
Representative Kerttula  agreed there needs to be  a "show of                                                                   
enforcement and  commitment" to deal with the  seriousness of                                                                   
the  legislation.   Mr. Mylius  pointed out  that the  fiscal                                                                   
note  contains   funding  for   a  position  that   would  be                                                                   
responsible  for patrolling  the  area and  that  the use  is                                                                   
somewhat seasonal.                                                                                                              
                                                                                                                                
2:21:32 PM                                                                                                                    
                                                                                                                                
Representative  Kerttula  inquired how  the  public use  area                                                                   
could interact  with the adjacent  land.  Mr.  Mylius replied                                                                   
that most  of the  Bureau of Land  Management (BLM)  lands do                                                                   
not see much  intensive public use.   The BLM used  to have a                                                                   
few parcels closer to the road  system but most of those have                                                                   
been transferred to the State.                                                                                                  
                                                                                                                                
2:22:20 PM                                                                                                                    
                                                                                                                                
Representative  Kerttula referenced the  section of  the bill                                                                   
that  addresses recognition  of the  existing off-road  motor                                                                   
vehicle trails and asked if that  meant "consideration".  Mr.                                                                   
Mylius  understood  that it  meant,  "recognized".   Some  of                                                                   
those trails might need to be  rerouted; the current language                                                                   
provides that flexibility.                                                                                                      
                                                                                                                                
Representative  Kerttula asked if  some of those  trails were                                                                   
creating  more debilitation,  would the  Department have  the                                                                   
authority to rehabilitate  the area to bring them  back.  Mr.                                                                   
Mylius replied they have that authority.                                                                                        
                                                                                                                                
2:24:28 PM                                                                                                                    
                                                                                                                                
Representative  Weyhrauch MOVED  to ADOPT  New Amendment  #1,                                                                   
#24-LS0737\S.2, Bullock, 4/6/06.  Co-Chair Meyer OBJECTED.                                                                      
                                                                                                                                
Representative  Weyhrauch explained  the amendment  clarifies                                                                   
that  the  Commissioner  cannot  prohibit  hunting  within  a                                                                   
marine  park-system.    He  noted   the  language  came  from                                                                   
Representative Kerttula's  bill, which creates  a marine park                                                                   
in Southeast Alaska. He thought  the provision fit well in HB
307.                                                                                                                            
                                                                                                                                
2:25:37 PM                                                                                                                    
                                                                                                                                
Representative  Kelly pointed  out it  restates the  existing                                                                   
wording.     Representative  Weyhrauch  clarified   that  one                                                                   
restricts while  the other  prohibits.  Representative  Kelly                                                                   
asked   if   it   would   affect    fishing   and   trapping.                                                                   
Representative Weyhrauch  said it could not.   Representative                                                                   
Kelly  countered   that  it  could  reduce   restrictions  on                                                                   
hunting.   Discussion  between  Representative Weyhrauch  and                                                                   
Representative  Kelly took place  on the verbiage  addressing                                                                   
hunting restrictions.                                                                                                           
                                                                                                                                
2:27:53 PM                                                                                                                    
                                                                                                                                
Representative  Kerttula clarified  that the  reason for  the                                                                   
language in her bill was to address  concerns brought forward                                                                   
by  the territorial  sportsman.   She did  not believe  there                                                                   
were  concerns  regarding  hunting  but  thought  the  issues                                                                   
brought   forward   by  Representative   Kelly   were   worth                                                                   
consideration.                                                                                                                  
                                                                                                                                
Representative  Weyhrauch WITHDREW  the  MOTION on  Amendment                                                                   
#1.  There being NO OBJECTION, it was withdrawn.                                                                                
                                                                                                                                
2:29:49 PM                                                                                                                    
                                                                                                                                
Vice Chair Stoltze commented that  the amendment deals mostly                                                                   
with  Southeast park  issues and  does not  address land  and                                                                   
management concerns that the Knik public use area has.                                                                          
                                                                                                                                
2:30:22 PM                                                                                                                    
                                                                                                                                
Mr.  Mylius  pointed  out  the   fiscal  note  addresses  two                                                                   
components:                                                                                                                     
                                                                                                                                
   · A two year planning process effort, and                                                                                    
   · A long-term position for a manager to that area                                                                            
                                                                                                                                
Co-Chair Meyer noted the two employees  hired for FY07 & FY08                                                                   
and then one position  in FY09.  Mr. Mylius  replied that was                                                                   
correct,  as the  first  two years  require  funding for  the                                                                   
planning  effort. The  long-term manager  hired in the  first                                                                   
two years  would be  involved  in the planning  effort.   The                                                                   
planning position  would exist only  as long as  the planning                                                                   
efforts  continue.   Mr. Mylius  said  the planning  position                                                                   
would be  placed in  Anchorage; the  Valley position  funding                                                                   
would  be through  the  State  Agriculture Office,  the  cost                                                                   
covered in the fiscal note.                                                                                                     
                                                                                                                                
2:34:11 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault inquired  if the position  could  help the                                                                   
State Troopers.   Mr.  Mylius replied that  it was  the other                                                                   
way around and that they would  be assisting the Alaska State                                                                   
Troopers.  The area has become  a dump ground for many stolen                                                                   
vehicles    and   requires    State   Trooper    involvement.                                                                   
Enforcement will  have several purposes for  patrolling those                                                                   
grounds.    Co-Chair  Chenault  appreciated  that  the  hired                                                                   
person would be working in the field, not in an office.                                                                         
                                                                                                                                
Representative  Kelly emphasized  the area  clearly is  not a                                                                   
park.   Mr. Mylius  understood that; there  are a  few public                                                                   
use areas managed by the Division of Mining, Land & Water.                                                                      
                                                                                                                                
2:37:44 PM                                                                                                                    
                                                                                                                                
Representative Weyhrauch  asked if it was a  critical habitat                                                                   
area.  Vice Chair  Stoltze said not as a whole  but that part                                                                   
of  the  process is  to  identify  such  areas.   Creating  a                                                                   
multiple use area is the intent.                                                                                                
                                                                                                                                
2:38:58 PM                                                                                                                    
                                                                                                                                
Representative Foster MOVED to  REPORT CS HB 307 (FIN) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal  note.  There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS HB  307 (FIN) was  reported out of  Committee with  a "no"                                                                   
recommendation and  with fiscal note #1 by  the Department of                                                                   
Natural Resources.                                                                                                              
                                                                                                                                

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