04/30/1994 11:40 AM Senate RES

 SENATOR MILLER announced  HB 398  (LAND CONVEYED TO & FROM                    
 MUNICIPALITIES) to be up for consideration.                                   
                                                                               
 REPRESENTATIVE HARLEY OLBERG, Sponsor, said HB 398 allows                     
 municipalities to acquire their adjoining tide lands from the state           
 of Alaska subject to four conditions.  He said an existing problem            
 in the City of Skagway is addressed, also.                                    
                                                                               
 He had a proposed amendment that would enable the State of Alaska             
 to retain title to Anderson Bay by giving the Commissioner of DNR             
 the right to decline a conveyance if the state's interests clearly            
 outweigh the municipalities interests.                                        
                                                                               
 SENATOR PEARCE asked if this could be used to stop aquaculture.               
 REPRESENTATIVE OLBERG said it has to be a development project for             
 the municipality to acquire their tide and submerged lands.                   
                                                                               
 MR. GALLAGHER noted that there wasn't a definition for development            
 in statute, although language on page 4, line 8 discusses what the            
 land can be used for.                                                         
                                                                               
 SENATOR ZHAROFF asked what was the affect of repealing subsection             
 11.  REPRESENTATIVE OLBERG said that section was included at the              
 request of Skagway where their high school and a large piece of               
 their town is on filled tide lands.                                           
                                                                               
 SENATOR MILLER said he was concerned with lines 13-15 on page 4               
 where it says, "the land is required for the accomplishment of a              
 public or private development approved by the city."  He thought              
 someone's interpretation of development could mean a park, and he             
 wasn't interested in creating parks.                                          
                                                                               
 SENATOR PEARCE said she would like to hold the bill to tighten up             
 the meaning of development.                                                   
                                                                               
 SENATOR MILLER moved to adopt another amendment by inserting                  
 language "unless the Commissioner finds that the public interest in           
 retaining state ownership clearly outweighs the municipalities                
 interest in obtaining land."  There were no objections and it was             
 so ordered.                                                                   
                                                                               
 SENATOR MILLER said he intended to hold this bill until Monday and            
 announced a recess for 2 minutes.