Legislature(2005 - 2006)BUTROVICH 205

04/05/2006 03:30 PM Senate RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 37 PUBLIC ACCESS TO FISHING STREAMS TELECONFERENCED
Failed To Move Out Of Committee
+ HB 218 PRIVATE HATCHERY COST RECOVERY FISHERIES TELECONFERENCED
Heard & Held
+ HB 380 ANIMALS & ANIMAL OR AGRICULTURAL PRODUCTS TELECONFERENCED
Moved SCS CSHB 380(RES) Out of Committee
       CSHB  37(FIN) AM-PUBLIC ACCESS TO FISHING STREAMS                                                                    
                                                                                                                                
CHAIR  THOMAS WAGONER  announced CSHB  37(FIN)  AM to  be up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE LES  GARA, sponsor  of HB  37, explained  that the                                                               
bill asks the  Department of Natural Resources (DNR)  to create a                                                               
list of  areas where  public access to  fishing streams  might be                                                               
lost when  the land is  developed. He mentioned Montana  Creek in                                                               
the Mat-Su Valley, the Anchor River  on the Kenai, and Deep Creek                                                               
on the  Kenai as examples  and said  people have been  fishing in                                                               
these areas  for years and  nobody has  cared that the  access is                                                               
across private land. That might not  be the case in the future so                                                               
HB  37 is  a proactive  step  to negotiate  for continued  public                                                               
access before  the lands are  developed and become  too expensive                                                               
to return to the public domain.                                                                                                 
                                                                                                                                
3:40:27 PM                                                                                                                    
SENATOR DYSON asked  if DNR or the administration  approve of the                                                               
bill.                                                                                                                           
                                                                                                                                
DICK  MYLIUS,  Director, Division  of  Mining,  Land, and  Water,                                                               
Department of  Natural Resources,  replied DNR  believes it  is a                                                               
good  idea to  identify  access points,  but  it recognizes  that                                                               
there is  an associated cost. The  bill simply sets up  a process                                                               
whereby  the Alaska  Department of  Fish and  Game (ADF&G)  would                                                               
identify  where access  is  needed and  DNR  would determine  the                                                               
options and  costs for the acquisitions.  It would then be  up to                                                               
the legislature to fund the acquisitions or not.                                                                                
                                                                                                                                
SENATOR STEDMAN  expressed concern with the  long-term effects of                                                               
creating a  list because the language  in the bill is  a lot more                                                               
aggressive than what is implied.                                                                                                
                                                                                                                                
CHAIR  WAGONER  noted the  proposed  amendments  that change  the                                                               
language.                                                                                                                       
                                                                                                                                
3:42:57 PM                                                                                                                    
SENATOR  BEN STEVENS  asked where  the  bill says  that the  list                                                               
comes back to the legislature for authorization.                                                                                
                                                                                                                                
MR. MYLIUS replied it is on page 3, line 10.                                                                                    
                                                                                                                                
CHAIR WAGONER  noted that the  bill says that before  February of                                                               
each year the  commissioner of fish and game shall  submit a plan                                                               
to acquire  public access  to fish and  wildlife, but  it doesn't                                                               
say it goes back to the legislature.                                                                                            
                                                                                                                                
SENATOR  BEN STEVENS  asked Mr.  Mylius if  that is  where he  is                                                               
saying the plan has to go  to the legislature for approval of the                                                               
appropriation to execute the plan the following fiscal year.                                                                    
                                                                                                                                
MR. MYLIUS acknowledged  it doesn't say it exactly,  but when the                                                               
fiscal notes were  prepared DNR assumed there would  not be money                                                               
in  the  bill  for  acquisitions. The  assumption  was  that  the                                                               
department  would  have  to  return to  the  legislature  with  a                                                               
subsequent request.  For a purchase  the request would be  for an                                                               
appropriation for a specific purpose  and for a land exchange the                                                               
request would ask for financing to fund the exchange.                                                                           
                                                                                                                                
SENATOR  BEN  STEVENS  asked  if  the  assumption  was  that  the                                                               
department  would  ask  the  legislature   for  approval  of  the                                                               
authorization to  expend the  funds, but  not approval  to select                                                               
the land.                                                                                                                       
                                                                                                                                
MR. MYLIUS replied that is correct.                                                                                             
                                                                                                                                
SENATOR  BEN STEVENS  recalled that  the original  bill mentioned                                                               
the acquisition  of only two  miles, but according  to subsection                                                               
(c) two miles would be acquired each year.                                                                                      
                                                                                                                                
REPRESENTATIVE  GARA replied  there  is an  amendment to  address                                                               
that issue, but  the intention was for the list  to include a set                                                               
number of  miles. There ought to  be minimum number of  miles for                                                               
DNR to identify  each year but the state  probably won't purchase                                                               
everything  on the  list each  year. In  fact, it  probably won't                                                               
purchase  through the  list in  a decade.  "It's not  like you'll                                                               
have a new  2 or 3 or 4  miles every year. It'll just  be as it's                                                               
purchased through."  The list will  probably look the  same until                                                               
the legislature decides to buy.                                                                                                 
                                                                                                                                
3:47:23 PM                                                                                                                    
SENATOR KOOKESH joined the meeting.                                                                                             
                                                                                                                                
3:47:33 PM                                                                                                                    
CHAIR WAGONER mentioned that the amendment  says 2 to 5 miles per                                                               
year.                                                                                                                           
                                                                                                                                
REPRESENTATIVE GARA said it's the  committee's discretion so long                                                               
as the top number isn't too high.                                                                                               
                                                                                                                                
CHAIR  WAGONER closed  the  public hearing.  He  noted the  three                                                               
amendments and asked for a motion.                                                                                              
                                                                                                                                
3:48:39 PM                                                                                                                    
SENATOR  FRED  DYSON  moved  CSHB 37(FIN)  AM,  Version  X.A  for                                                               
consideration.                                                                                                                  
                                                                                                                                
SENATOR BERT STEDMAN objected.                                                                                                  
                                                                                                                                
SENATOR KIM ELTON moved to adopt Amendment 1, labeled X.A.3.                                                                    
                                                                                                                                
                                                     24-LS0284\XA.3                                                             
                                                           Bullock                                                              
                                                           9/25/06                                                              
                                                                                                                                
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE                                                                                                           
     TO:  CSHB 37(FIN) am                                                                                                       
                                                                                                                                
                                                                                                                                
Page 3, line 13, following "two":                                                                                               
Insert "and not more than a total of five"                                                                                      
                                                                                                                                
SENATOR  DYSON  called a  point  of  order  saying there  was  an                                                               
objection to moving the bill.                                                                                                   
                                                                                                                                
CHAIR  WAGONER clarified  that the  objection was  for discussion                                                               
purposes so the bill is before the committee.                                                                                   
                                                                                                                                
SENATOR ELTON restated his motion.                                                                                              
                                                                                                                                
SENATOR BEN STEVENS objected.                                                                                                   
                                                                                                                                
SENATOR ELTON  said the  sponsor took  note when  Senator Stedman                                                               
identified  the open-ended  language, which  required "a  minimum                                                               
access to  not less  than a  total of  two meander  miles..." The                                                               
proposed amendment  tightens the language by  inserting "not more                                                               
than a total  of five meander miles". Therefore,  over time there                                                               
would be  no additions to the  plan until the list  dropped below                                                               
two miles.                                                                                                                      
                                                                                                                                
SENATOR  STEDMAN  responded  the language  is  still  problematic                                                               
because there would  be an action every year and  in his view the                                                               
more land  that is kept  in private hands,  the better it  is for                                                               
the state.                                                                                                                      
                                                                                                                                
SENATOR ELTON explained that the  amendment caps the plan, but it                                                               
doesn't change other restricting  components in the bill. Nothing                                                               
compels  an easement  or a  sale; it  specifically says  that the                                                               
right of eminent  domain may not be exercised to  acquire land or                                                               
interest in land.                                                                                                               
                                                                                                                                
CHAIR  WAGONER  asked  Senator   Stevens  if  he  maintained  his                                                               
objection.                                                                                                                      
                                                                                                                                
SENATOR STEVENS asked where it says  it will cap the plan because                                                               
he interpreted the language differently.                                                                                        
                                                                                                                                
3:54:20 PM                                                                                                                    
SENATOR  ELTON explained  that the  departments will  proffer one                                                               
plan and it may  have not less than 2 miles and  not more than 5.                                                               
He  looked to  the sponsor  and said  he didn't  believe anything                                                               
would preclude  the departments from  having a new plan  the next                                                               
year  that may  not include  or identify  the same  stream access                                                               
points. However,  if the departments  submit a new plan  it would                                                               
be  restricted, just  as the  old plan  was, to  not less  than 2                                                               
meander miles  and more not more  than 5. The cap  applies to the                                                               
meander miles;  it doesn't preclude the  department from changing                                                               
or identifying other meander miles.                                                                                             
                                                                                                                                
3:55:42 PM                                                                                                                    
SENATOR BEN STEVENS countered his  reading is that there shall be                                                               
2 to  5 miles  acquired every  year and  there is  no cap  on the                                                               
number of  miles acquired in  the plan. Hypothetically,  he said,                                                               
50 meander miles  of riverbank could be acquired in  10 years. He                                                               
asked if his interpretation was incorrect.                                                                                      
                                                                                                                                
SENATOR  ELTON  replied  no,  but  you would  only  get  to  that                                                               
position  if the  legislature authorized  access  to all  meander                                                               
miles in  the plan. You could  only add miles if  access has been                                                               
provided  to  all the  areas  in  the  plan.  At that  point  the                                                               
department could  add meander  miles in  a subsequent  plan. That                                                               
would only  occur after  the legislature has  made a  decision to                                                               
appropriate funds to acquire the access.                                                                                        
                                                                                                                                
3:57:18 PM                                                                                                                    
REPRESENTATIVE GARA  said Senator  Elton explained  the intention                                                               
of the bill,  but Senator Stevens raised a good  point. The state                                                               
probably won't  purchase access to  all the  land that is  on the                                                               
list each year so the departments  should not be required to keep                                                               
submitting a  new list each  year even if  it's the same  one. He                                                               
suggested  inserting  language to  clarify  that  an annual  plan                                                               
isn't required  as long as  at least 2  miles remain on  the list                                                               
for future acquisition.                                                                                                         
                                                                                                                                
He offered to work with the committee on a conceptual amendment.                                                                
                                                                                                                                
3:58:02 PM                                                                                                                    
SENATOR  BEN  STEVENS  said  he  wasn't prepared  to  work  on  a                                                               
conceptual amendment;  he had additional concerns.  For instance,                                                               
Section 2, subsection  (b)(2), gives the commissioner  of DNR the                                                               
authority  to  trade   state  land  for  private   land  with  no                                                               
legislative  approval or  fiscal  note transaction.  There is  no                                                               
understanding that  an assessment  would be  done, that  the land                                                               
trade  would be  at fair  market  value and  that it  would be  a                                                               
transaction of equal value. The  commissioner could trade 5 miles                                                               
each   year  and   although  it   wouldn't  cost   anything,  the                                                               
legislature wouldn't have any authority to prevent it.                                                                          
                                                                                                                                
MR. MYLIUS  replied while the  bill doesn't  specifically require                                                               
DNR to go back to the  legislature, the only way a purchase could                                                               
occur  is  through  the  budget   process.  He  agreed  that  the                                                               
department could exchange land  without legislative approval, but                                                               
there's  already a  process for  that. However,  the statute  for                                                               
land  exchange  requires an  exchange  at  fair market  appraised                                                               
value or, in its absence, it requires legislative approval.                                                                     
                                                                                                                                
CHAIR WAGONER said the question  before the committee is adoption                                                               
of Amendment X.A.3.                                                                                                             
                                                                                                                                
4:02:06 PM                                                                                                                    
SENATOR  ELTON argued  in favor  of the  amendment because  it is                                                               
controlling and  precludes a large  land trade by placing  a top-                                                               
end cap.                                                                                                                        
                                                                                                                                
SENATOR DYSON called a question on the amendment.                                                                               
                                                                                                                                
A roll call  vote was taken. The motion to  adopt Amendment X.A.3                                                               
passed  with 4  yeas and  3 nays.  Senator Dyson,  Senator Elton,                                                               
Senator Kookesh  and Senator Wagoner  voted in favor  and Senator                                                               
Stedman, Senator Ben Stevens, and Senator Seekins voted against.                                                                
                                                                                                                                
CHAIR WAGONER said he would  hold his amendments because he could                                                               
see the direction the bill  was going. He noted Senator Stedman's                                                               
objection to the bill and asked for a roll call.                                                                                
                                                                                                                                
A roll  call vote  was taken and  Senator Elton,  Senator Kookesh                                                               
and  Senator Dyson  voted yea  and Senator  Stedman, Senator  Ben                                                               
Stevens, Senator Seekins and Senator Wagoner voted nay.                                                                         
                                                                                                                                
CSHB 37(FIN) AM failed to move from committee.                                                                                  

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