03/15/1994 09:07 AM Senate CRA

 SENATOR RANDY PHILLIPS brought  CSHB 398(RES)  (LAND CONVEYED TO &            
 FROM MUNICIPALITIES) before the committee as the final order of               
 business.                                                                     
                                                                               
 DAVE KAMRATH, staff to Representative Harley Olberg, said the                 
 legislation relates to conveyance of certain lands to                         
 municipalities.                                                               
                                                                               
 Mr. Kamrath outlined four conditions that would have to be met in             
 order for municipalities, home rule, first and second class cities            
 and boroughs to be able to apply for tide and submerged land and to           
 have them conveyed.  He added that this land would only be conveyed           
 for development purposes and land couldn't be tied up for future              
 projects down the road.                                                       
                                                                               
 Number 118                                                                    
                                                                               
 HARRY WILLIAMS, City Manager of Whittier, testifying from Whittier            
 in support of HB 398, said he believes it meets all of the criteria           
 for good legislation.  It not only solves some problems, but also             
 provides potential economic development opportunities for all 16              
 boroughs of the state and for at least one first class city and 49            
 second class cities.                                                          
                                                                               
 Number 145                                                                    
                                                                               
 RON SWANSON, Director, Division of Lands, Department of Natural               
 Resources, stated the department's support for HB 398.  He said he            
 has worked on the legislation with Bob Walsh of the Department of             
 Community & Regional Affairs and that department supports it as               
 well.                                                                         
                                                                               
 Number 173                                                                    
                                                                               
 DAVE KAMRATH informed the committee that Section 1 of the bill                
 deals with a current situation in Skagway.  Originally there was a            
 dike built and land was filled inside the dike and developed, with            
 even a school being built on the property.  The city did not have             
 clear title to this land to begin with and the title for subsequent           
 private property owners is also clouded.  Paragraph 11 in Section             
 1 allows the director of the Division of Lands the discretion to              
 quitclaim land to a municipality to correct past errors and                   
 omissions.                                                                    
                                                                               
 Number 195                                                                    
                                                                               
 JOHN JOHNSON of Cordova said he is a private land owner out of                
 Cordova, and when building his home, he encroached a small corner             
 of his house on state tidelands.  He was advised that perhaps his             
 problem could be addressed through an amendment in HB 398.  Right             
 now there is no solution that addresses any kind of private                   
 encroachment on state lands.                                                  
                                                                               
 Number 221                                                                    
                                                                               
 SENATOR TAYLOR commented that the state has the ability to acquire            
 those tidelands, and he asked if there was some reason the state              
 does not wish to convey tidelands to the city.  RON SWANSON said              
 this particular piece of legislation will allow them to convey the            
 tidelands to the City of Cordova, or any other city, and then the             
 city can deal with the private owner.  They could lease it to the             
 private land owner, but not sell it to him.  He said that we are              
 dealing with public trust lands and they specifically made clear              
 that that conveyance could not go on.                                         
                                                                               
 Number 245                                                                    
                                                                               
 SENATOR TAYLOR said he wanted to amend the bill to provide the                
 cities the ability to sell these parcels of tidelands that have               
 been encroached on by the private land owner so that the owner can            
 get a quitclaim deed rather than just leasing it.  He then offered            
 the following amendment to CSHB 398(RES):                                     
                                                                               
 Page 4, line 27:  After the word "may" delete "execute leases" and            
                   insert "convey by lease or sale"                            
                                                                               
 Number 412                                                                    
                                                                               
 SENATOR LEMAN asked if making this change would be consistent with            
 Title 38.  RON SWANSON answered that it would be consistent with              
 Title 38.  Right now he cannot convey any tidelands except for                
 municipalities formed previous to 1964.                                       
                                                                               
 Number 440                                                                    
                                                                               
 After brief discussion on the amendment, SENATOR TAYLOR moved the             
 amendment to page 4, line 27.  Hearing no objection, the Chairman             
 stated the amendment was adopted and would be incorporated into a             
 Senate CS.                                                                    
                                                                               
 Number 450                                                                    
                                                                               
 SENATOR LEMAN moved that SCS CSHB 398(CRA) be passed out of                   
 committee with individual recommendations.  Hearing no objection,             
 it was so ordered.