Legislature(2005 - 2006)SENATE FINANCE 532
05/03/2006 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB441 | |
| HB307 | |
| HB218 | |
| HB420 | |
| HB484 | |
| HCR30 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 441 | TELECONFERENCED | |
| + | HB 307 | TELECONFERENCED | |
| + | HB 420 | TELECONFERENCED | |
| = | HB 218 | ||
| + | HB 484 | TELECONFERENCED | |
| + | HCR 30 | TELECONFERENCED | |
| + | TELECONFERENCED |
9:22:25 AM CS FOR HOUSE BILL NO. 307(RES) "An Act creating the Knik River Public Use Area." This was the first hearing for this bill in the Senate Finance Committee. Co-Chair Green announced that the Committee was operating on a limited time schedule. She directed those present at the Mat-Su Legislative Information Office to select amongst themselves three people to testify in support of this bill and three to speak in opposition. 9:24:07 AM BEN MULLIGAN, Staff to Representative Bill Stoltze, testified that this bill was introduced the previous year to allow the public an extended period in which to speak on the issue. Two hearings were held at a school located near the affected public use area and extensive public comments were given. Mr. Mulligan explained that this legislation would establish a public use area, which would enact specific guidelines for the management of the area. Management would address fish and game habitat, allowable uses and incompatible uses. Mr. Mulligan noted the House Resources Committee amended the bill to insert language pertaining to enforcement of the rules established for the public use area by the Department of Natural Resources. 9:25:33 AM Senator Hoffman asked the number of acres and location of the proposed public use area. Mr. Mulligan responded the public use area would contain approximately 262,000 acres. Co-Chair Green stated the land is located in the "Butte area" of the Matanuska and Susitna valleys. Mr. Mulligan furthered the location is the valley to the east of the butte area and the boundary would include a riverbed, the mountains to the north, to the glacier, and to the edge of the Chugiak State Park to the south. 9:26:15 AM Senator Bunde noted the cost to establish and manage the public use area is over one-half million dollars annually. User fees have been considered to offset these costs at other State-owned parks. He asked if user fees were considered for this site. 9:26:56 AM Mr. Mulligan answered that user fees were not considered. Public use areas are usually managed "openly for everyone to use". User fees are normally established for State recreation areas to restrict and regulate heavy use. The intent of this bill is to allow for multiple uses in the public use area. Further consideration of a user fee would be given by the Department of Natural Resources in its management of the area if deemed necessary. 9:27:22 AM Co-Chair Green remarked that the amount of activity in this region has increased to a "crisis level" with much of the use from residents outside the local vicinity. The area is vast with abandoned vehicles, discharge of firearms and other nuisances resulting in enforcement and liability disputes. The intent of this bill is to provide an emphasis on education of proper uses rather than armed enforcement. Co-Chair Green acknowledged a successful solution is unknown, but that this represents an attempt to address the problems. She would not oppose user fees and would support the inclusion of a letter of intent by the Committee to direct the Department to research the feasibility. 9:29:35 AM Senator Bunde surmised the educational emphasis would be somewhat feeble and that armed enforcement personnel would be necessary. He understood the apprehension an official would have in approaching a large party to inform the people were in violation of the law. Those who do recreate in the area should bear partial responsibility for the cost of management and enforcement. He would draft a letter of intent for the implementation of user fees. Co-Chair Green asked if this issue had been discussed in other committees hearing the bill. Mr. Mulligan answered it had not. He would need to discuss the matter with the bill's sponsor, Representative Stoltze before offering a position. Senator Bunde predicted the sponsor would support limited government spending. Co-Chair Green agreed a solution could be reached. Mr. Mulligan pointed out that the area has no gateway or primary access routes. The area is entered from many places along the highway. A user fee system could require the construction of parking lots and fee collection stations. This could create a burden in collection and enforcement of fees. 9:31:58 AM Co-Chair Green stated that a letter of intent could address these concerns. Co-Chair Green pointed out the fiscal note was updated to provide funding for three positions to provide oversight of the proposed public use area. The intent is to assure the area is safe for residing and recreating. 9:33:06 AM Senator Bunde shared that he had received a letter dated May 5, 2006, from the chair of the Knik River Watershed Group [copy on file] expressing general support for the creation of the public use area, but also voicing some concerns. Given some past occurrences, the presence of one unarmed official would likely be ineffective. Co-Chair Green understood this group is actively working to achieve a solution and to allow multiple uses of the area. 9:34:15 AM Senator Olson asked the sponsor's view on the presence of an unarmed enforcement officer confronting users in violation of the law who themselves may be armed. 9:34:27 AM Mr. Mulligan responded that the positions would not be enforcement but rather area management. These officers would have authority to issue citations. Department of Fish and Game personnel have similar authority to issue citations for noncompliance with hunting and fishing laws and regulations. 9:35:06 AM Co-Chair Green understood provisions in this legislation would allow the Department of Natural Resources to contract with other agencies to perform these duties. Mr. Mulligan affirmed the Department could contract the duties to the Alaska State Troopers, Fish and Wildlife Protection, or the Division of Parks within the agency. Co-Chair Green commented that potential offenders would be uncertain of which officials would be patrolling the area at a given time. Users would be less aware of whether personnel with enforcement authority in addition to citation authority could confront them. AT EASE 9:36:11 AM 9:39:33 AM MIKE ERICKSON, Alaska ATV Club, testified via teleconference from Anchorage that the organization conducts annual clean-up events in the area. The Club's primary concern was that the area would be closed to motorized vehicles, given the already limited locations available. Most other areas open to off-road motorized vehicle access are restricted to one trail. The Knik location has many trails, which are mostly former timber and mining roads and their use causes no environmental damage. It has been featured in magazine articles and television programs as an all- terrain vehicle (ATV) recreational area and tourist destination. Mr. Erickson deemed it unfair to impose a fee for ATV users simply for using a parking lot, while horseback riders would be levied no fee. 9:44:20 AM CARRIE GRAY-WOLFE testified via teleconference from an offnet location in the Knik area, that this area is plagued with excessive vandalism and other problems. The proposed funding amount would be inadequate and an unarmed official would be unable to address all the issues arising from 3,000 weekend recreators. Environmentalists are not attempting to "lock up" the area, but rather to ensure the environment and wildlife were not adversely impacted. She supported the creation of a state recreational area. 9:47:00 AM BRITT LIVELY, Butte Area Residents Civic Organization, testified via teleconference from an offnet location in Butte that previous efforts to manage this area have been insufficient. This legislation would help but would not fully address the situation. She requested armed enforcement. She told of an instance in which fire and rescue crew were unable to enter the area to provide aid to injured child due to the vast shooting ongoing. She supported a user fee structure, surmising that recreators would be willing to pay a small amount and that the local community would benefit from the revenue. Users should not have the right to conduct any behavior that is not allowed elsewhere. 9:52:24 AM ERIC UHDE, Alaska Center for the Environment, testified via teleconference from Anchorage, that the grass-roots conservation organization makes efforts to protect recreation lands in Alaska. Local residents must contend with excessive shooting, vandalism and other problems. While the language of this bill is strong, it does not provide for enforcement. Many situations are too dangerous for one unarmed official to handle. He supported the user fee proposal. 9:54:57 AM TODD CLARK, Alaska Outdoor Access Alliance, testified via teleconference from Anchorage that the Alliance represents motorized vehicle recreators. Much of the use of the area is with ATVs. While the Alliance does not represent the vandals and other lawbreakers, it attempts to align users, clean up the area and promote lawful behavior. This legislation would further these efforts. Mr. Clark stated that a user fee would be difficult to implement given the multiple access points. This area deserves special consideration. 9:59:11 AM CLIFF JUDKINS, Alaska Boating Association, testified via teleconference from Mat-Su that two years ago several motorized vehicle organizations formed the Alaska Outdoor Access Alliance to address efforts to restrict motorized use. Motorized users are blamed for many things, including vandalism. The Alliance cleans up areas. This area traditionally has had few non- motorized users. Trash is a major problem in the area and group tries to clean it up, but needs assistance. The additional enforcement would be appreciated whether armed or not. Mr. Judkins reported that the swan population has increased four-to-five fold in the past several years. Boaters avoid them and observe their activities. Salmon, sheep and other wildlife are not harmed by the human presence. 10:03:10 AM CECILY FRITZ, Knik River Watershed Group, testified via teleconference from Mat-Su in appreciation of the additional management oversight. This legislation could be successful and she requested input from public safety officials on the projected results. She supported the concept of user fees. Ms. Fritz suggested adding a subparagraph to subsection (d) of Sec. 41.23.200. Incompatible uses., added in Section 1 of the bill on page 3, following line 12 to read as follows. (2) as compatible with the purposes identified in AS 41.23.180, the commissioner shall recognize existing off-road motor vehicle trails and the access those trails provide, and maximize off-road motor vehicle options and general public recreation opportunities in the Knik River Public Use Area." Ms. Fritz stated this language would provide a better compromise. 10:05:26 AM ROD ARNO, Executive Director, Alaska Outdoor Council, testified via teleconference from Mat-Su in support of the committee substitute as written. The sponsors of this legislation would be considered heroes for their efforts to establish this personal use area for hunting, fishing and recreating. Vandals, arsonists and drunks could be levied fines, but other uses should not be assessed fees. 10:07:33 AM CHARLOTTE SARTOR testified via teleconference from Mat-Su that this legislation is good compromise. She requested a citizens advisory group be established to provide input on the management of the area. She appreciated the funding to increase oversight to three positions but remained concerned that the officials would be unarmed. From her home she regularly hears shooting and motorized vehicles. She participates in many cleanup efforts. She did not oppose user fees. She disputed the statement that off-road vehicles are only used on logging and mining roads, remarking that many new ATV trails have been "blazed". While Alaska State Troopers would have the authority to patrol the area, too few officers are stationed in the region and are overworked. 10:10:12 AM LYNN WOODS, Assembly Member, Mat-Su Borough, testified via teleconference from Mat-Su, that she holds the seat representing the Knik area. She supported an immediate management plan. A dire need exists for sanitation and rest room facilities. Alaska State Troopers are busy and have several competing demands on their time. More officers are needed in the Borough. 10:11:43 AM GENE KISSEE testified via teleconference from Mat-Su and expressed concern that most uses of this area are motorized. Fewer areas are available in the Anchorage area for motorized recreation. Development has reduced the ability to backpack into areas for camping necessitating off road vehicle use. He acknowledged that a few users cause many problems and predicted this legislation would address those issues. 10:13:14 AM DICK MYLIUS, Acting Director, Division of Mining, Land and Water, Department of Natural Resources, testified via teleconference from an offnet location. He defined "public use area" as an area retained for multiple public uses and not disposed to private individuals or municipalities. This legislation would require the Department to develop a management plan for the area and would include a public process to do so. The Department would be granted enforcement authority for regulations it could adopt pertaining to lawful use of the area. Mr. Mylius told of an existing regulation limiting overnight camping in any one area to 14 days. Currently, the Department has no authority to enforce this rule and officials must photograph the campsite of a violator, submit the information to the Attorney General who mails a notification of the infraction to the offender. This legislation would permit a Department of Natural Resources official to issue a citation on-site. Mr. Mylius assured that the officials would not be armed or trained for enforcement of regulations other than those of the Department of Natural Resources. Education efforts would include identifying private property boundaries, as many users are unaware they are trespassing. 10:17:45 AM Mr. Mulligan requested that Mr. Mylius address the user fee proposal. Mr. Mylius informed that the Division of Parks assesses fees for campground use, but that the Division of Mining, Land and Water, which would manage the proposed public use area has no structure for such activities. Collecting fees in this area would be difficult because of the many access points. If the State were to later provide parking, campgrounds and other infrastructure, a fee could be accessed. However, these fees rarely cover the maintenance and operation costs. 10:19:29 AM Senator Dyson asked how this bill was modified to have a negative impact on ATV users as suggested in testimony. 10:19:49 AM Mr. Mulligan explained that language in the House Resources committee substitute before this Committee includes language intended to maintain ATV use in the area while also addressing habitat degradation. As an example of how this would be implemented, he stated that if a trail crossed a stream or otherwise harmed habitat, the Department would be responsible for providing an alternative route. Such remediation would not negatively impact ATV use, but rather ensure that activities could continue. 10:20:59 AM Senator Dyson understood from public testimony that the bill was amended and that the original version was preferable. 10:21:15 AM Mr. Mulligan stated that the original version would have "grandfathered" all existing trails. The user organizations reached consensus with the amended language. 10:21:44 AM Co-Chair Green announced that a letter of intent relating to user fees was being drafted. 10:21:51 AM Senator Stedman clarified that the bill itself would contain no requirement for user fees. He did not support the implementation of user fees and intended to discuss the issue when the letter of intent was brought forth for consideration. Co-Chair Green commented that if revenues from the proposed fees were used for no other purpose than cleaning up the area, she would still support their implementation. Local residents are not the primary users of the area; however, they are impacted. The bill was HELD in Committee.
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