Legislature(1997 - 1998)
03/19/1997 09:07 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 35 MANAGEMENT OF PARKS & RECREATIONAL AREAS
COCHAIR SHARP noted a draft CS was before the
committee. SENATOR PHILLIPS MOVED to ADOPT CSSB
35(FIN). Without objection, it was ADOPTED. SENATOR
GREEN testified on behalf of the bill. After questions
and discussion, COCHAIR PEARCE MOVED for adoption of a
zero fiscal note to the CS. Without objection, it was
ADOPTED. COCHAIR PEARCE MOVED CSSB 35(FIN) from
committee with individual recommendations and a new
zero fiscal note. Without objection, CSSB 35(FIN) was
REPORTED OUT with a new zero fiscal note by the Senate
Finance Committee, a previous fiscal note from
Department of Natural Resources (1,100.0), a previous
zero fiscal note from DNR, and two previous zero fiscal
notes from Department of Fish and Game.
COCHAIR SHARP invited Senator Green to address the committee
regarding the draft CS which was before them. SENATOR
PHILLIPS MOVED to ADOPT CSSB 35(FIN) for the purpose of
discussion. Without objection, it was ADOPTED.
SENATOR LYDA GREEN, Sponsor, referred to last year's SB 30
which was in response to an attempted closure near Denali
Park. There was concern among users with a variety of needs
for access to state parks and lands that surround them. SB
30 was subsequently vetoed. Additional attempts at closures
of land that were state parks or managed as state parks were
made. SB 35 revisits the issue. SENATOR GREEN referenced a
previous version that had an expanded definition to include
parks, Board of Game and other entities. It was changed
back to only parks, but retained the reporting requirement.
SENATOR GREEN read page 4, lines 1-10, and spoke of the 90-
day allowance, which would in most cases allow for emergency
closures for safety or resource management. It gives the
legislature the ability to have information so they don't
have to react during the interim to closures that are not
favored by constituents and that restrict their access to
park lands that should be used. She noted that there was no
process for public input or way to respond to the previous
closures before they were announced. SB 35 addresses that
issue.
The presence of COCHAIR PEARCE was noted.
SENATOR TORGERSON referred to language in a Department of
Natural Resources memo dated March 12. SENATOR GREEN stated
that the language in the last paragraph was removed from the
bill. It left the focus of the bill on state parks.
SENATOR PARNELL stated his understanding that closures for
public safety were limited to ninety days without
legislative approval. He asked why she chose to do that and
if Perseverance Trail would be included. SENATOR GREEN
believed the trail was a state right-of-way but was unsure
if it would be included. SENATOR PARNELL was troubled by
the public safety aspect and questioned why it would not be
a departmental call. SENATOR GREEN responded that closures
for public safety and resource management were legitimate
reasons for them to come up for approval by the legislature.
SENATOR TORGERSON brought up concerns expressed in a letter
regarding the Kenai River Special Management Area for the
record. One concern related to limits of boat motor
horsepower. He asked if there was any conflict regarding
authority to control that. SENATOR GREEN didn't see that SB
35 addressed that issue at all. SENATOR TORGERSON discussed
another concern. The Board of Fish gave the local
biologists authority to close stream banks to fishing for
habitat protection. He thought SB 35 would affect that only
if it were being done on a permanent basis. He questioned
how many years a ninety-day limit could be imposed or
whether it was a one time thing. SENATOR GREEN stated
closures were limited to ninety days in a calendar year and
there could be repeated closures if not disapproved.
SENATOR PARNELL referred to the language on page 4, line 4,
"submitted to the legislature for approval" and questioned
what kind of approval was anticipated. He also questioned
why she liked the affirmative mechanism as opposed to a
failure to disapprove
as mentioned in the March 12 memo. He could foresee a list
of closures being stalled in a committee and never taken up.
SENATOR GREEN responded that if the legislature disapproved
by passing legislation supported by both bodies, and it was
vetoed by the governor, the process would be stopped for
another cycle. She felt it was difficult for those not
affected by park closures to understand what happens when
the changes go out to the constituent base for reasons not
cited as public safety or resource management. It restricts
multiple-use access.
SENATOR PARNELL stated for clarification that even those
areas the department closes for public safety reasons have
to come before the legislature if they are longer than
ninety days. He asked if there was a concern with the
department using resource protection as an excuse for
closing something or if she just wanted legislative review
of everything the department does in the area. SENATOR
GREEN responded that public safety and resource protection
is such a broad waiver or exception that conceivably
anything could fall into that. SENATOR PARNELL was still
troubled by the public safety aspect. He didn't believe the
department should have to come to the legislature with a
long list of public safety closures for approval. He cited
Perseverance Trail as an example.
SENATOR GREEN reminded him that the bill refers to those
areas being managed as state parks, not anything over 640
acres. They are the smaller parcels of DOT property that
abut or access a state park. She added that staff informed
her there was a list in committee packets of what the bill
refers to.
SENATOR GREEN briefly discussed the broad window between a
closure and eventual approval or disapproval by the
legislature, depending on the timing.
COCHAIR PEARCE MOVED for adoption of a zero fiscal note to
the CS. Without objection, it was ADOPTED.
COCHAIR PEARCE MOVED CSSB 35(FIN) from committee with
individual recommendations and a new zero fiscal note.
Without objection, CSSB 35(FIN) was REPORTED OUT with a new
zero fiscal note by the Senate Finance Committee, a previous
fiscal note from Department of Natural Resources (1,100.0),
a previous zero fiscal note from DNR, and two previous zero
fiscal notes from Department of Fish and Game.
SENATE BILL NO. 64
"An Act relating to the Shuyak Island State Park."
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