Legislature(1995 - 1996)

04/26/1996 09:55 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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  CS FOR HOUSE BILL NO. 80(CRA)                                                
                                                                               
       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.                                        
                                                                               
  Co-chairman Halford directed  that CSHB 80 (CRA)  be brought                 
  on  for  discussion  and  referenced   SCS  CSHB  80  (CRA).                 
  REPRESENTATIVE JEANNETTE JAMES  came before committee.   She                 
  explained that the bill would provided authorization for the                 
  Dept.  of  Natural  Resources  to   serve  as  the  platting                 
  authority for unorganized boroughs and  boroughs that do not                 
  have  a  platting authority.    She described  the situation                 
  involving a  subdivision in  her district  with no  platting                 
  authority.   She further advised  of paper plats  and "plats                 
  over plats" throughout the unorganized borough.  Those plats                 
  are  required to  be  filed  with  the department,  but  the                 
  department has  no authority to  do anything but  file them.                 
  The proposed bill  was developed  to provide the  department                 
  platting authority to enforce state laws.                                    
                                                                               
  The proposed  bill  also  defines  "subdivision"  which  was                 
  previously defined differently  in various  statutes.   This                 
  definition would be made consistent throughout state law.                    
                                                                               
  Representative James attested  to support for the  bill from                 
  engineers and surveyors.                                                     
                                                                               
  Senator Randy Phillips  asked if  the legislation would  add                 
  another function of  government for which unorganized  areas                 
  would  not  pay.    Representative  James explained  that  a                 
  service would be provided, but  it should be self-supporting                 
  through  fees.  There is a small  fiscal note for setting up                 
  and preparing to take on the additional duties.  The process                 
  should be revenue neutral as fees cover costs.                               
                                                                               
  Senator  Rieger  voiced support  for  the bill  and inquired                 
  concerning language  relating to fees.  Representative James                 
  suggested that  fee  provisions are  in  existing  statutes.                 
  They are to be approximately the same as those for organized                 
  boroughs.  Senator Randy Phillips asked if the sponsor would                 
  object to a  conceptual amendment requiring that  fees cover                 
  the cost of services.   Representative James said she  would                 
  have  no  objection.    Co-chairman Halford  suggested  that                 
  language say that the fee may  not exceed the direct cost of                 
  the  service.   Senator  Randy  Phillips formally  MOVED for                 
  adoption of a  conceptual amendment  that fees for  services                 
  may not  exceed the cost  of services.   Co-chairman Halford                 
  noted that the object is that the fee not be a  revenue tool                 
                                                                               
                                                                               
  but merely a service tool.  No objection having been raised,                 
  the  conceptual  amendment  was  ADOPTED  for  incorporation                 
  within a SCS  CSHB 80(Fin) to  be brought back to  committee                 
  for final review.                                                            
                                                                               

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