Legislature(1997 - 1998)

02/09/1998 01:33 PM Senate CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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        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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