Legislature(2005 - 2006)

05/12/2005 03:37 PM Joint UAL


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03:37:15 PM Start
03:41:12 PM HB130
04:04:23 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                    ALASKA STATE LEGISLATURE                                                                                  
                 CONFERENCE COMMITTEE ON HB 130                                                                               
                          May 12, 2005                                                                                          
                           3:37 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Tom Wagoner, Chair                                                                                                      
Senator Gary Wilken                                                                                                             
Senator Johnny Ellis                                                                                                            
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Bruce Weyhrauch                                                                                                  
Representative Woodie Salmon                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 130                                                                                                              
"An Act granting certain state land to the University of Alaska                                                                 
and establishing the university research forest; and providing                                                                  
for an effective date."                                                                                                         
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 130                                                                                                                  
SHORT TITLE: UNIVERSITY LAND GRANT/STATE FOREST                                                                                 
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/07/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/07/05       (H)       RES, FIN                                                                                               
02/09/05       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
02/09/05       (H)       Heard & Held                                                                                           
02/09/05       (H)       MINUTE(RES)                                                                                            
02/14/05       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
02/14/05       (H)       Heard & Held                                                                                           
02/14/05       (H)       MINUTE(RES)                                                                                            
02/16/05       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
02/16/05       (H)       Heard & Held                                                                                           
02/16/05       (H)       MINUTE(RES)                                                                                            
03/02/05       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
03/02/05       (H)       Heard & Held                                                                                           
03/02/05       (H)       MINUTE(RES)                                                                                            
03/04/05       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
03/04/05       (H)       Moved CSHB 130(RES) Out of Committee                                                                   
03/04/05       (H)       MINUTE(RES)                                                                                            
03/09/05       (H)       RES RPT CS(RES) NT 4DP 3NR                                                                             
03/09/05       (H)       DP: LEDOUX, CRAWFORD, SEATON, RAMRAS;                                                                  
03/09/05       (H)       NR: GATTO, ELKINS, SAMUELS                                                                             
04/09/05       (H)       FIN AT 11:00 AM HOUSE FINANCE 519                                                                      
04/09/05       (H)       Bills Previously Heard/Scheduled                                                                       
04/12/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/12/05       (H)       Moved CSHB 130(FIN) Out of Committee                                                                   
04/12/05       (H)       MINUTE(FIN)                                                                                            
04/13/05       (H)       FIN RPT CS(FIN) NT 4DP 5NR                                                                             
04/13/05       (H)       DP: HAWKER, WEYHRAUCH, KELLY, FOSTER;                                                                  
04/13/05       (H)       NR:   HOLM,   STOLTZE,   MOSES,   MEYER,                                                               
                         CHENAULT                                                                                               
04/13/05       (H)       LETTER OF INTENT WITH FIN REPORT                                                                       
04/20/05       (H)       BEFORE THE HOUSE                                                                                       
04/21/05       (H)       BEFORE THE HOUSE                                                                                       
04/21/05       (H)       BEFORE THE HOUSE                                                                                       
04/22/05       (H)       TRANSMITTED TO (S)                                                                                     
04/22/05       (H)       VERSION: CSHB 130(FIN) AM                                                                              
04/25/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/25/05       (S)       FIN                                                                                                    
04/28/05       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/28/05       (S)       Heard & Held                                                                                           
04/28/05       (S)       MINUTE(FIN)                                                                                            
05/02/05       (S)       FIN AT 6:00 PM SENATE FINANCE 532                                                                      
05/02/05       (S)       Public testimony may be limited to 3                                                                   
                         min.                                                                                                   
05/08/05       (S)       FIN AT 0:00 AM                                                                                         
05/08/05       (S)       Moved   SCS   CSHB   130(FIN)   Out   of                                                               
                         Committee                                                                                              
05/08/05       (S)       MINUTE(FIN)                                                                                            
05/09/05       (S)       FIN RPT SCS  2DP 1DNP 3NR         SAME                                                                 
                         TITLE                                                                                                  
05/09/05       (S)       HOUSE LETTER OF INTENT WITH FIN REPORT                                                                 
05/09/05       (S)       DP: WILKEN, GREEN                                                                                      
05/09/05       (S)       DNP: STEDMAN                                                                                           
05/09/05       (S)       NR: HOFFMAN, OLSON, DYSON                                                                              
05/10/05       (S)       VERSION: SCS CSHB 130(FIN)                                                                             
05/11/05       (H)       CONFERENCE COMMITTEE APPOINTED                                                                         
05/11/05       (H)       RAMRAS (CHAIR), WEYHRAUCH, SALMON                                                                      
05/11/05       (S)       RECEDE MESSAGE READ                                                                                    
05/11/05       (S)       CONFERENCE COMMITTEE APPOINTED                                                                         
05/11/05       (S)       WAGONER (CHAIR), WILKEN, ELLIS                                                                         
05/11/05       (H)       SPECIAL SESSION BILL - SEE H. JOURNAL                                                                  
                         P. 1962                                                                                                
05/11/05       (S)       SPECIAL SESSION BILL - SEE S. JOURNAL                                                                  
                         P. 1606                                                                                                
05/12/05       (H)       UAL AT 3:00 PM CAPITOL 124                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DICK MYLIUS, Deputy Director                                                                                                    
Division of Mining, Land and Water                                                                                              
Department of Natural Resources (DNR)                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions regarding HB 130.                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR JAY  RAMRAS called  the Conference Committee  on HB  130 to                                                             
order  at  3:37:15  PM.    Representatives  Salmon,  Ramras,  and                                                             
Weyhrauch and  Senators Wilken, Wagoner,  and Ellis  were present                                                               
at the call to order.                                                                                                           
                                                                                                                                
HB 130-UNIVERSITY LAND GRANT/STATE FOREST                                                                                     
                                                                                                                                
CHAIR RAMRAS announced  that the only order of  business would be                                                               
HOUSE BILL  NO. 130  "An  Act granting certain state  land to the                                                               
University  of Alaska  and establishing  the university  research                                                               
forest;  and  providing  for  an  effective  date."  [Before  the                                                               
committee were CSHB 130(FIN)am and SCS CSHB 130(FIN).]                                                                          
                                                                                                                                
REPRESENTATIVE  WEYHRAUCH  moved  that the  conference  committee                                                               
accept HB 130 (FIN)am as the conference report.                                                                                 
                                                                                                                                
CHAIR WAGONER objected.                                                                                                         
                                                                                                                                
A roll call vote was  taken.  Representatives Salmon, Ramras, and                                                               
Weyhrauch and Senator  Ellis voted in favor,  and Senators Wilken                                                               
and Wagoner  voted against it.   Therefore, HB  130(FIN)am failed                                                               
to become the working document.                                                                                                 
                                                                                                                                
CHAIR  WAGONER moved  that the  conference  committee accept  SCS                                                               
CSHB 130(FIN) as the conference report.                                                                                         
                                                                                                                                
REPRESENTATIVE WEYHRAUCH objected.                                                                                              
                                                                                                                                
A roll  call vote was taken.   Senators Wilken and  Wagoner voted                                                               
in favor,  and Senator Ellis  and Representatives  Ramras, Salmon                                                               
and Weyhrauch  voted against  it.   Therefore, SCS  CSHB 130(FIN)                                                               
failed to become the working document.                                                                                          
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  highlighted a matrix comparing  the two                                                               
versions   of  the   bill  and   noting  the   seven  disagreeing                                                               
provisions.  He requested that he  make a motion for each item as                                                               
he moves down the list.                                                                                                         
                                                                                                                                
SENATOR  WAGONER objected,  and pointed  out that  there are  two                                                               
documents one of which was  prepared by the Department of Natural                                                               
Resources (DNR).                                                                                                                
                                                                                                                                
CHAIR  RAMRAS clarified  that  the  "letter-shaped" document  was                                                               
from DNR, and  the landscape document was prepared  by his staff.                                                               
He suggested working off his  document and using the DNR document                                                               
as a reference.                                                                                                                 
                                                                                                                                
3:41:12 PM                                                                                                                    
                                                                                                                                
CHAIR WAGONER removed his objection.                                                                                            
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  said if anyone sees  a discrepancy, "we                                                               
reserve the  right to come back  and discuss it at  a future date                                                               
in case  there's something we  miss, so that no  one's prejudiced                                                               
by an omission by going off  the two-page document, as opposed to                                                               
by the one-page document."                                                                                                      
                                                                                                                                
REPRESENTATIVE  WEYHRAUCH  said,  "The   first  line  deals  with                                                               
language  that ensures  the  University  of Alaska's  cooperative                                                               
extension service  is adequately staffed."   He moved  the Senate                                                               
version [in which the language on page 2, line 23 is deleted].                                                                  
                                                                                                                                
CHAIR WAGONER objected.                                                                                                         
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  explained that  he added  that language                                                               
in  House Finance  so that  the  university would  fill an  empty                                                               
cooperative  extension  service  position in  northern  Southeast                                                               
Alaska.  He  said this adds a  duty to the Board  of Regents that                                                               
already falls  under their other  duties.   He said he  wanted to                                                               
get the university's attention, "and I  think I have a good faith                                                               
commitment to  fill that ...  so I  don't object to  the Senate's                                                               
version  where that  language is  out."   He said  the university                                                               
intends to fill the position.                                                                                                   
                                                                                                                                
CHAIR WAGONER removed his objection.                                                                                            
                                                                                                                                
There being no  objection, the Senate version of  item 1 carried.                                                               
[The language  on page  2, lines 24-25,  of CSHB  130(FIN)am will                                                               
not be included in the CCS.]                                                                                                    
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  moved to adopt the  Senate language for                                                               
item 2, which limits the size of  easements to 25 feet.  He asked                                                               
for information from DNR.                                                                                                       
                                                                                                                                
CHAIR WAGONER objected.                                                                                                         
                                                                                                                                
3:44:04 PM                                                                                                                    
                                                                                                                                
DICK  MYLIUS,  Deputy  Director,  Division of  Mining,  Land  and                                                               
Water, Department  of Natural Resources (DNR),  said the standard                                                               
easement is  a width of  50 feet  along the shoreline,  which the                                                               
state  applies  whenever it  transfers  land  to a  municipality.                                                               
Senator  Stedman added  the language  to [SCS  CSHB 130(FIN)]  to                                                               
limit  the easement  to a  25-foot width,  because he  thought 50                                                               
feet is too wide particularly in Southeast Alaska.                                                                              
                                                                                                                                
SENATOR ELLIS surmised that the  department would view consistent                                                               
easement widths as useful.                                                                                                      
                                                                                                                                
MR.  MYLIUS  replied yes,  adding  that  is  why  50 feet  is  in                                                               
regulation.  The statute allows  the commissioner to change it if                                                               
the topography lends  itself to a smaller or  larger easement, he                                                               
said.                                                                                                                           
                                                                                                                                
3:45:14 PM                                                                                                                    
                                                                                                                                
SENATOR   ELLIS  concluded   then  that   DNR  already   has  the                                                               
flexibility.                                                                                                                    
                                                                                                                                
MR. MYLIUS  agreed, but opined  that with large  conveyances such                                                               
as this,  the department  doesn't have the  ability to  view each                                                               
parcel for the determination.                                                                                                   
                                                                                                                                
3:45:37 PM                                                                                                                    
                                                                                                                                
SENATOR  ELLIS   said  he  could  understand   Senator  Stedman's                                                               
concerns about Southeast  Alaska, but there are  parcels all over                                                               
the state.                                                                                                                      
                                                                                                                                
MR.  MYLIUS clarified  that  it only  applies  to saltwater,  and                                                               
Southeast  is the  only place  where there  are saltwater  parcel                                                               
conveyances to the  university.  He noted that  the Kodiak parcel                                                               
is on the list to be withdrawn.                                                                                                 
                                                                                                                                
SENATOR  ELLIS asked  if Mr.  Mylius presumes  an amendment  will                                                               
pass [eliminating the Kodiak parcel].                                                                                           
                                                                                                                                
MR. MYLIUS said the Kodiak parcel is already out of both bills.                                                                 
                                                                                                                                
3:46:08 PM                                                                                                                    
                                                                                                                                
CHAIR WAGONER  said in a  lot of cases  there are bluffs,  so the                                                               
difference between 25 and 50 feet is considerable.                                                                              
                                                                                                                                
CHAIR WAGONER removed his objection.                                                                                            
                                                                                                                                
A roll  call vote  was taken.   Senators  Wilken and  Wagoner and                                                               
Representatives Weyhrauch  and Ramras voted in  favor of adopting                                                               
item  2, which  limits  the size  of easements  to  25 feet,  and                                                               
Senator  Ellis  and  Representative   Salmon  voted  against  it.                                                               
Therefore, item  two of  SCS CSHB 130(FIN)  was adopted  [and the                                                               
language  on  page  4,  lines  8-10, of  SCS  CSHB  130(FIN)  was                                                               
maintained].                                                                                                                    
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  moved that  the committee adopt  item 3                                                               
of CSHB  130(FIN)am, for  which he said  he will  request limited                                                               
powers of free conference.                                                                                                      
                                                                                                                                
CHAIR WAGONER  objected, and asked  if that will be  an amendment                                                               
from Representative Weyhrauch.                                                                                                  
                                                                                                                                
REPRESENTATIVE  WEYHRAUCH replied  yes, but  he said  he did  not                                                               
have it with him.                                                                                                               
                                                                                                                                
CHAIR WAGONER removed his objection.                                                                                            
                                                                                                                                
REPRESENTATIVE  WEYHRAUCH  opined  that   an  objection  must  be                                                               
maintained in order to preserve it for limited free conference.                                                                 
                                                                                                                                
A roll  call vote was  taken.  Senator Ellis  and Representatives                                                               
Salmon, Weyhrauch  and Ramras voted  in favor of adopting  item 3                                                               
of CSHB 130(FIN)am, and Senator  Wilken and Wagoner voted against                                                               
it.  Therefore, the motion failed.                                                                                              
                                                                                                                                
REPRESENTATIVE WEYHRAUCH inquired as to  the meaning of item 4 of                                                               
the matrix.                                                                                                                     
                                                                                                                                
3:49:14 PM                                                                                                                    
                                                                                                                                
MR.  MYLIUS explained  that a  sentence  was added  and the  word                                                               
"such" no longer made sense.                                                                                                    
                                                                                                                                
REPRESENTATIVE  WEYHRAUCH  clarified that  item  4  for SCS  CSHB
130(FIN) should be deleting "such".   He moved item 4 of SCS CSHB
130(FIN).  There being no objection,  item 4 of SCS CSHB 130(FIN)                                                               
was adopted.                                                                                                                    
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  moved that  the committee adopt  item 5                                                               
of SCS CSHB 130(FIN).                                                                                                           
                                                                                                                                
CHAIR WAGONER objected.                                                                                                         
                                                                                                                                
REPRESENTATIVE  WEYHRAUCH  explained that  this  has  to do  with                                                               
additional parcels added in the  Petersburg-Wrangell area. In the                                                               
House  Finance  Committee,  the provision  was  added  to  delete                                                               
parcels  contingent on  borough formation.   "The  intent was  to                                                               
spur  the  use and  development  of  these  lands, and  to  allow                                                               
municipalities  close to  these lands  to subsume  them into  the                                                               
borough  if  they  were  selected.   It's  sort  of  a  push-pull                                                               
language."  He  said he  has  no  objection to  those  additional                                                               
parcels being  added.  It comports  with the intent of  the bill,                                                               
he opined.                                                                                                                      
                                                                                                                                
SENATOR WILKEN  said he  couldn't determine  how the  matrix fits                                                               
with the bills.                                                                                                                 
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  said he is  talking about Section  O of                                                               
[SCS CSHB 130(FIN)], which is not  clear in the matrix.  "Section                                                               
O has to do with the borough  formation, and it left the House in                                                               
one form and ended  on line 21 on page 6"  whereas the Senate has                                                               
it  on page  6, line  10  "and increases  it  to line  27."   For                                                               
purposes  of the  minutes and  discussion, he  opined that  it is                                                               
clearer to say, "I move  that this conference committee adopt the                                                               
Senate's version of "O" on page 6 of the Senate bill."                                                                          
                                                                                                                                
3:52:54 PM                                                                                                                    
                                                                                                                                
SENATOR WILKEN  said, "So on  Version P,  page 6, ...  the motion                                                               
would be to adopt the Senate version, lines 10 through 27."                                                                     
                                                                                                                                
REPRESENTATIVE WEYHRAUCH said that is his motion.                                                                               
                                                                                                                                
3:53:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WEYHRAUCH said if  this conference meets later and                                                               
finds something  that the  committee has  missed, "I  think we've                                                               
all  reserved the  right  to  come back  and  discuss it  without                                                               
prejudice."  He  said the committee is not relying  on the matrix                                                               
completely.                                                                                                                     
                                                                                                                                
3:53:46 PM                                                                                                                    
                                                                                                                                
CHAIR WAGONER removed his objection.                                                                                            
                                                                                                                                
CHAIR RAMRAS asked,   "Is there an objection  to adopting Section                                                               
O of the P Version, on page 6.   Seeing no objection, number 5 is                                                               
adopted with intention of returning--is that right?"                                                                            
                                                                                                                                
REPRESENTATIVE  WEYHRAUCH said,  "No,  Senate Version  on "O"  is                                                               
adopted without returning."                                                                                                     
                                                                                                                                
REPRESENTATIVE WEYHRAUCH moved to adopt  the House version of the                                                               
remaining  section [which  is on  page  6, lines  16-19, of  CSHB
130(FIN)  am].   He pointed  out that  a new  subsection (q)  was                                                               
added by  the Senate, and therefore  he moved to delete  that and                                                               
[request] limited powers  of free conference on that  matter.  He                                                               
clarified that he  was speaking of page 7,  line 3-15, subsection                                                               
(q) of SCS CSHB 130(FIN).                                                                                                       
                                                                                                                                
CHAIR WAGONER objected.                                                                                                         
                                                                                                                                
A roll  call vote was  taken.  Senator Ellis  and Representatives                                                               
Salmon, Weyhrauch and  Ramras voted in favor adopting  [item 5 of                                                               
CSHB 130(FIN)am],  and Senators Wilken and  Wagoner voted against                                                               
it.  Therefore, the motion failed.                                                                                              
                                                                                                                                
REPRESENTATIVE  WEYHRAUCH  said,  "I  move  that  the  conference                                                               
committee  sign a  report  ... asking  the  respective bodies  to                                                               
provide them  with ... limited  powers of free conference  on the                                                               
two issues that  we have not agreed  upon.  And ask  that we meet                                                               
as soon as possible to resolve that."                                                                                           
                                                                                                                                
CHAIR RAMRAS inquired as to the desire with item 7.                                                                             
                                                                                                                                
REPRESENTATIVE WEYHRAUCH withdrew his  motion, and moved that the                                                               
committee  adopt   item  7  of  CSHB   130(FIN)am,  pending  some                                                               
description because he is not sure of  what it means.  "So I will                                                               
move the House version, which doesn't contain that," he said.                                                                   
                                                                                                                                
CHAIR WAGONER objected.                                                                                                         
                                                                                                                                
SENATOR WILKEN inquired as to what that provision does.                                                                         
                                                                                                                                
CHAIR RAMRAS  opined, "I  think we  want to go  the other  way on                                                               
that."                                                                                                                          
                                                                                                                                
3:57:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  said the  motion is the  House version,                                                               
which contains  the language while  the Senate version  does not.                                                               
He  explained that  the language  was added  to comport  with the                                                               
House letter  of intent, which  related that if land  isn't going                                                               
to be offered  to a municipality, it's to be  offered to a nearby                                                               
nonprofit that has to  use the land in the same  method as it was                                                               
used historically.   The language provide the DNR  the option, he                                                               
said.   Furthermore, it is more  in line with the  House's intent                                                               
to get the  land into private hands without  an intent provision.                                                               
The provision specifies that when  the department does its public                                                               
notice on operative  sales, perhaps the land could  be offered to                                                               
a land trust, the Discovery Foundation, et cetera, he explained.                                                                
                                                                                                                                
CHAIR  RAMRAS  announced  his  opposition   to  adopt  the  House                                                               
language  because of  his  understanding that  there  is no  such                                                               
thing as  a second right  of refusal.   Furthermore, it  makes it                                                               
more difficult for DNR to dispose of land, he said.                                                                             
                                                                                                                                
REPRESENTATIVE SALMON  expressed concern with the  reference to a                                                               
nonprofit  organization   because  there   are  a  lot   of  such                                                               
organizations.   He  asked  if the  language  specified to  which                                                               
organizations the land could be sold.                                                                                           
                                                                                                                                
4:00:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  explained that [current]  statute would                                                               
have to be reviewed for the  definition of a nonprofit.  He posed                                                               
an example  of a group that  might use a parcel  for the historic                                                               
use of  obtaining yellow  cedar for building  totemic items.   He                                                               
added,  "There  are  potentially hundreds  of  organizations  who                                                               
could apply,  and it goes in  the public notice and  if DNR wants                                                               
to offer it  to them, they may."   He noted that a  lot of people                                                               
complained about the lack of public notice [for conveyances].                                                                   
                                                                                                                                
4:01:24 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS  said,  "Unfortunately   this  could  also  include                                                               
somebody like the Sierra Club."                                                                                                 
                                                                                                                                
CHAIR WAGONER explained  that the Senate "took care of  it with a                                                               
letter of  intent."   He said he  is not sure  how a  court would                                                               
interpret it.   "We  intended for  this not to  be placed  in the                                                               
hands  of  nonprofits  because  we  want this  land  out  in  the                                                               
public's hands; we want this  land to be developed," he stressed.                                                               
Furthermore,  the desire  was that  if boroughs  are formed,  the                                                               
land would be part of the tax base.                                                                                             
                                                                                                                                
REPRESENTATIVE  WEYHRAUCH  asked if  it  was  a Senate  Resources                                                               
Standing Committee  letter of intent,  and requested  the ability                                                               
to review it.                                                                                                                   
                                                                                                                                
4:02:41 PM                                                                                                                    
                                                                                                                                
SENATOR WILKEN  said he is not  in favor of the  language because                                                               
the purposed of the legislation  is to create sustained value for                                                               
the university.  He expressed  concern about any entity using the                                                               
land for  noneconomic purposes.   If a municipality  doesn't want                                                               
it, the university should use  its resources to find someone that                                                               
can  generate income.   [The  House language]  seems to  indicate                                                               
that such  an entity could  be a nonprofit, which  he interpreted                                                               
to mean  nonincome.  Therefore,  Senator Wilken noted  his strong                                                               
support of the Senate's lack of language on this matter.                                                                        
                                                                                                                                
A roll  call vote was  taken.  Senator Ellis  and Representatives                                                               
Salmon  and Weyhrauch  voted in  favor  adopting item  7 of  CSHB
130(FIN)am,  and Representative  Ramras and  Senators Wilken  and                                                               
Wagoner voted against it.   Therefore, the motion failed.                                                                       
                                                                                                                                
4:04:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WEYHRAUCH moved that  committee ask the respective                                                               
bodies for limited  powers of free conference to  deal with items                                                               
3, 6, and 7.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
[HB 130 was held over.]                                                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The Conference Committee  on HB 130 recessed the  meeting at 4:06                                                               
p.m. to a call  of the chair.  The meeting  reconvened on May 13,                                                               
2005.                                                                                                                           

Document Name Date/Time Subjects