Legislature(1997 - 1998)
02/09/1998 01:33 PM Senate CRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 204 - STATE LAND FOR MUNICIP. SPORT FACILITIES CHAIRMAN MACKIE called the Senate Community & Regional Affairs Committee meeting to order at 1:33 p.m., and noted all members were present. He then brought SB 204 before the committee as the first order of business. SENATOR TAYLOR, prime sponsor of SB 204, said the legislation provides for recreational and sports facilities in communities and it offers them an alternative to finding other activities for the young people. He said that our youth are too often left unattended after school, at night, and on weekends with little to do. If there are facilities to use, kids, and adults as well, are less likely to become involved in those other activities. SB 204 proposes to give state land to municipalities for the purpose of using them for sports and recreational facilities. The legislation will grant land to local governments, but the grant will not count against the local government's entitlement. Senator Taylor said the feasibility of developing these facilities will be economically enhanced through this process, and he thinks the legislation is a way of the Legislature sending a message that it is willing to participate and help in the development of these recreational facilities and activities. Senator Taylor directed attention to a proposed amendment to the bill which would address reversionary interest concerns raised by the Department of Natural Resources in their fiscal note. He clarified that the amendment says that if the land is not utilized for the intended purpose it reverts back to the ownership of the state unless it has been traded for private land. Number 054 SENATOR PHILLIPS asked if this legislation would prevent leasing of the land, and SENATOR TAYLOR responded that the legislation would not prevent the municipalities in any way from leasing the land out for sports and recreational facilities. Number 072 SENATOR WILKEN commented that he thinks this is a good idea but he wondered if maybe it wouldn't be a good idea to get a sense of what is going to be done with the land before granting it to a local government. SENATOR TAYLOR replied the legislation limits this to solely recreational activities with the intent that it provide for youth activities. He added that he thinks it should be up to the community to make the decision on what is the best use for the land. Number 125 DOUG RUSSELL, President of the Prince of Wales Sportsmen's Club testified via teleconference from Klawock in support of SB 204. Mr. Russell said his group is trying to acquire some property to build a shooting range for Prince of Wales Island. This is something they have tried to do in the past, but most of the land near the Craig/Klawock area is either Native owned or federally owned. There is a section of state land in the Control Lake area which is approximately 720 acres, and if SB 204 goes forward, they would try to acquire some of that property to build a shooting range. This could also incorporate other types of family-oriented activities such as canoeing, kyaking, and various winter sports. Number 175 CHAIRMAN MACKIE asked if these facilities would be funded through private donations and other programs that are available for sports groups. MR. RUSSELL acknowledged that was correct. He also acknowledged that his group would have liability insurance through their affiliation with the National Rifle Association. CHAIRMAN MACKIE asked Mr. Russell if he has had any discussions with any municipalities on Prince Wales Island on this particular approach because the legislation would allow for a grant to a municipality. MR. RUSSELL said he has talked to the Municipality of Craig and was told to go forward and they would help out as best they can. They have not had any positive results in trying to secure privately-owned Native land, and no attempt has been made to move forward with federally-owned land. Number 212 SENATOR PHILLIPS noted that in the early 1960s, the Eagle River Lions Club negotiated a 50-year lease for a 40-acre section of state land, and he asked if the sportsmrn's group has ever had discussion with DNR about leasing state land MR. RUSSELL replied that he hadn't contacted DNR until just recently when he spoke to Andy Pekovich who felt pretty positive if the group can get the City of Craig to sponsor them. Number 250 DICK MYLIUS, Chief of the Resource Assessment & Development section in the Division of Land, Department of Natural Resources, stated DNR is unsure as to whether or not SB 204 is needed because they can already convey lands to municipalities under existing statute, and that's even if they don't have a remaining municipal entitlement. Mr. Mylius related the department has concerns with some provisions in the bill although Senator Taylor has prepared an amendment relating to how the reversionary clauses would apply to a land exchange. However, there is no provision in the bill for making exceptions for the reversionary clause as is provided for in current statute. Another concern is that the bill mandates that sport or recreational facilities be built within four years after the grant, but DNR has avoided getting into being the land police to make sure that municipalities follow through in specific time frames. The department believes that with that strict of a provision in the bill, it might necessitate coming back to ask for exceptions or having to take back title to the land even though a project is likely to be built. Concluding his comments, Mr. Mylius said the department has no objection to giving lands to municipalities for public recreational facilities, but they think that can be done under existing statutes. He questioned if there is a specific problem that this bill was designed to address. Number 300 MEL KROGSENG, staff to Senator Taylor, said what is different about SB 204 from the existing statute that Senator Taylor wanted to try to impart is that the legislation is also an encouragement for the municipalities to pursue the development of sports and recreational facilities in the communities. It is a good alternative to crime and some of the other activities that young people, as well as adults, get involved in because in many of the communities there isn't a whole lot to do. Ms. Krogseng said the point of leaving the reversionary interest in place is so that it wont' count against the entitlement, and the requirement that these facilities be built within a four-year time period was put in so that these projects will move forward. The trade provision was put into the bill because in some cases there may be another piece of land that is more suitable for a particular project. Ms. Krogseng noted there was concern raised on the fiscal note about the reversionary interest remaining with the state, however, the proposed amendment would correct that problem. Ms. Krogseng said it is her understanding from talking with Jane Angvik of DNR that when the municipalities submit an application they have an idea already in mind for a specific type of facility that they want to develop. Number 327 SENATOR WILKEN asked Mr. Mylius if when DNR does a land grant like this under current law, does it still count against the entitlement. MR. MYLIUS responded it would count against a municipality's entitlement if it still had an outstanding entitlement. SENATOR WILKEN noted that the sponsor's statement says that SB 204 would take it outside the entitlement, but that it is not specifically addressed within the bill. MR. MYLIUS agreed, and he said he thought it should be added into the bill. MS. KROGSENG related that she spoke to the drafter of the bill and specifically asked if that language needed to be in the bill, but she was told that because the bill has the language "the commissioner shall retain a reversionary interest on each grant..." it cannot count against their entitlement. SENATOR WILKEN suggested that to make it clear, that language should be part of the bill. Number 378 SENATOR PHILLIPS asked Mr. Mylius if he thought this should be limited to a certain amount of acres, or should it just be taken case by case. MR. MYLIUS answered that he didn't think there would have to be a specific acreage figure in the bill. Currently, land grants are usually done on a case-by-case basis. CHAIRMAN MACKIE requested a motion to adopt Senator Taylor's proposed amendment. SENATOR WILKEN moved the adoption of the following Amendment No. 1 to SB 204. Hearing no objection, the Chairman stated the amendment was adopted and would be incorporated into a C&RA committee substitute. Amendment No. 1 Page 1, lines 8 - 9: Delete "The commissioner shall retain a reversionary interest on each grant of land under this subsection." Page 1, line 11, following "structure." insert: "The commissioner shall retain a reversionary interest on each grant of land under this subsection, but if that land is traded for other land, the commissioner may release the reversionary interest on the granted land when the commissioner receives a reversionary interest on the land received in trade." SENATOR WILKEN moved a conceptual amendment that the land grants provided for in SB 204 would not count against municipal entitlements. Hearing no objection, the Chairman stated the conceptual amendment was adopted. Number 410 KEVIN RITCHIE, Executive Director, Alaska Municipal League, testified that the League's land and resources committee discussed the bill and they endorse any kind of partnership between the state and municipalities. Number 422 SENATOR WILKEN moved CSSB 204 be passed out of committee with individual recommendations. Hearing no objection, it was so ordered.
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