Legislature(1997 - 1998)

04/14/1997 01:37 PM Senate CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE                         
                         April 14, 1997                                        
                           1:37 p.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Jerry Mackie, Chairman                                                
 Senator Gary Wilken, Vice Chairman                                            
 Senator Dave Donley                                                           
 Senator Randy Phillips                                                        
 Senator Lyman Hoffman                                                         
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 All members present                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 98                                                            
 "An Act relating to the conveyance of certain isolated tracts of              
 state land to boroughs and unified municipalities; and providing              
 for an effective date."                                                       
                                                                               
  - MOVED CSSB 98(CRA) OUT OF COMMITTEE                                        
                                                                               
 SENATE BILL NO. 161                                                           
 "An Act relating to management of certain municipal assets by the             
 Alaska Permanent Fund Corporation."                                           
                                                                               
  - MOVED CSSB 161(CRA) OUT OF COMMITTEE                                       
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB  98 - See Community & Regional Affairs minutes dated 3/19/97,              
          4/9/97.                                                              
                                                                               
 SB 161 - No previous action to record.                                        
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Senator Bert Sharp                                                            
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Prime Sponsor of SB 161                                
                                                                               
 Mayor James Hayes                                                             
 City of Fairbanks                                                             
 800 Cushman St.                                                               
 Fairbanks, AK 99701                                                           
  POSITION STATEMENT:   Testified in support of SB 161                         
                                                                               
                                                                               
 Harry Porter                                                                  
 3206 Riverview Drive                                                          
 Fairbanks, AK 99709                                                           
  POSITION STATEMENT:   Present to respond to questions on SB 161              
                                                                               
 Jim Kelly, Research & Liaison Officer                                         
 Alaska Permanent Fund Corporation                                             
 P.O. Box 25500                                                                
 Juneau, AK 99802-5500                                                         
  POSITION STATEMENT:   Neutral on SB 161                                      
                                                                               
 Kevin Ritchie, Executive Director                                             
 Alaska Municipal League                                                       
 217 2nd St.                                                                   
 Juneau, AK 99801                                                              
  POSITION STATEMENT:   No position on SB 161                                  
                                                                               
 Ms. Annette Kreitzer, Staff to Senator Loren Leman                            
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Reviewed CSSB 98(CRA)                                  
                                                                               
 Ms. Jane Angvik, Director                                                     
 Division of Land                                                              
 Department of Natural Resources                                               
 3601 C St., Suite 1122                                                        
 Anchorage, AK 99503-5947                                                      
  POSITION STATEMENT:   Testified in support of CSSB 98(CRA)                   
                                                                               
 Gary Gustafson, Director                                                      
 Heritage Land Bank                                                            
 Municipality of Anchorage                                                     
 P.O. Box 196650                                                               
 Anchorage, AK 99519                                                           
  POSITION STATEMENT:   Testified in support of CSSB 98(CRA) with one          
      exception                                                                
                                                                               
 Paul Costello, Director of Land Management                                    
 Fairbanks North Star Borough                                                  
 P.O. Box 71267                                                                
 Fairbanks, AK 99707                                                           
  POSITION STATEMENT:   Suggested changes to CSSB 98(CRA)                      
                                                                               
 Rick Elliott, Municipal Lands Trustee                                         
   Section Supervisor                                                          
 Division of Municipal & Regional Assistance                                   
 Department of Community & Regional Affairs                                    
 333 W. 4th Ave, Suite 220                                                     
 Anchorage, AK 998501-2341                                                     
  POSITION STATEMENT:   Present to respond to questions on CSSB
      98(CRA)                                                                  
                                                                               
  ACTION NARRATIVE                                                             
  TAPE 97-16 , SIDE A                                                          
 Number 001                                                                    
                                                                               
  CHAIRMAN MACKIE  called the Senate Community & Regional Affairs              
 Committee meeting to order at 1:37 p.m., and noted all committee              
 members were present.                                                         
                                                                               
 Number 020                                                                    
                                                                               
          SB 161 PERM. FUND CORP TO MANAGE MUNI ASSETS                        
                                                                              
  CHAIRMAN MACKIE  brought SB 161 before the committee as the first            
 order of business and noted there was a draft committee substitute            
 for its consideration.                                                        
                                                                               
  SENATOR BERT SHARP , prime sponsor of SB 161, explained the                  
 legislation authorizes the Alaska Permanent Fund Corporation to               
 manage the assets of a municipal savings or investment account.  He           
 noted the parameter of a management agreement starts on page 1,               
 line 9 through the remainder of the bill.  These parameters were              
 set by the corporation as conditions they could accommodate without           
 compromising their mission.  The legislation offers municipalities            
 the option of investment management services within Alaska and one            
 in which the average citizen has confidence.                                  
                                                                               
 Senator Sharp noted that the bill carries a break-even fiscal note            
 because the management costs are totally reimbursable to the Alaska           
 Permanent Fund Corporation by the municipalities based on the                 
 billings rendered by the corporation and the agreements as set out            
 by  the parameters of the bill.  He said the original bill put the            
 payments into the general fund, however, the proposed committee               
 substitute puts the payments into the earnings reserve account.               
                                                                               
 Senator Sharp related that the legislation was introduced at the              
 request of the City of Fairbanks, however, it would give any                  
 municipality the option of engaging the Alaska Permanent Fund                 
 Corporation to manage its assets.                                             
                                                                               
 Number 075                                                                    
                                                                               
  SENATOR WILKEN  moved the adoption of CSSB 161(CRA).  Hearing no             
 objection, it was so ordered.                                                 
                                                                               
 Number 095                                                                    
                                                                               
  SENATOR HOFFMAN  referred to page 1, line 14, and asked how the              
 asset value of $50 million was established.   SENATOR SHARP  replied          
 that all of the terms that are in the bill were put in at the                 
 suggestion of the Alaska Permanent Fund Corporation.                          
                                                                               
 Number 106                                                                    
                                                                               
  CHAIRMAN MACKIE  stated the committee would take testimony via the           
 teleconference network.                                                       
                                                                               
  JIM HAYES , Mayor of the City of Fairbanks, said the ownership of            
 the utilities by the city was an issue that had been around for               
 some 20 years.  The Fairbanks City Council decided the city should            
 get out of the utility business and that a permanent fund should be           
 established with the proceeds of the sale.  In October 1996, the              
 voters approved the sale of the utilities as well as a change to              
 the city's charter to establish a permanent fund.  Approval of the            
 sale of the utilities by the Alaska Public Utilities Commission is            
 expected sometime this summer.  Once the sale has been approved and           
 the funds have been transferred, the City of Fairbanks would like             
 to be able to deposit those funds into the permanent fund by the              
 end of this year.                                                             
                                                                               
 Number 175                                                                    
                                                                               
  SENATOR PHILLIPS  asked who the city utilities are being sold to.            
  MAYOR HAYES  related that PTI is purchasing the telephone utility;           
 a group of Fairbanks investors have formed a corporation to                   
 purchase the water and sewer utility; and the electric utility is             
 being purchased by Golden Valley.                                             
                                                                               
  HARRY PORTER  of Fairbanks advised that he and Cindy Shelling were           
 members of the City of Fairbanks' permanent fund committee and were           
 available to respond to questions from the committee.                         
                                                                               
 Number 210                                                                    
                                                                               
  JIM KELLY , Research & Liaison Officer for the Alaska Permanent Fund         
 Corporation, testifying in Juneau, stated the corporation has not             
 taken a position on the legislation, but he pointed out that they             
 have provided a fiscal note showing that it will cost money.                  
                                                                               
 Number 245                                                                    
                                                                               
  SENATOR WILKEN  informed the committee that he has a conflict in             
 that he is one of the 10 investors in Fairbanks Sewer & Water.  He            
 then moved to be excused from voting on SB 161.   SENATOR DONLEY              
 objected.   CHAIRMAN MACKIE  stated he didn't think there was a               
 conflict in that this is money that the city has and wants to                 
 invest in the permanent fund.  It doesn't have anything to do with            
 the sale of the utility.                                                      
                                                                               
 Number 250                                                                    
                                                                               
  SENATOR WILKEN  asked how the City of Fairbanks will be able to              
 access this money once it is deposited with the permanent fund.               
  MAYOR HAYES  said it is his understanding that it will not be a              
 problem for the city to receive a certain amount every year that it           
 may need for its operations.                                                  
                                                                               
 Number 295                                                                    
                                                                               
  SENATOR HOFFMAN  asked if the state would have any liability for the         
 investment of a municipality's funds.   MR. KELLY  replied that he            
 didn't know if there was any liability there, but if they don't               
 make income, they are not paying out any income.  It is the                   
 trustees main function is to keep the money safe and to then                  
 produce income with it.  There is no guarantee that the fund is               
 going to produce income.  However, he noted the corporation has a             
 record where they have earned 11.6 percent over the last 13 years.            
 He added that he would ask the corporation's attorney if there is             
 any liability and what protection the state would have.                       
                                                                               
 Number 330                                                                    
                                                                               
  KEVIN RITCHIE , Executive Director, Alaska Municipal League, stated          
 the League sees this as a one municipality issue, and that they do            
 not have a position on the legislation.                                       
                                                                               
 Number 334                                                                    
                                                                               
  SENATOR DONLEY  moved CSSB 161(CRA) and the accompanying fiscal note         
 be passed out of committee with individual recommendations.                   
 Hearing no objection, it was so ordered.                                      
                                                                               
          SB 98 CONVEY LAND TO MUNICIPALITIES/BOROUGHS                        
                                                                              
                                                                               
  CHAIRMAN MACKIE  brought SB 98 before the committee and directed             
 attention to a new proposed C&RA committee substitute, which would            
 replace the version adopted by the committee at the previous                  
 hearing on the legislation.                                                   
                                                                               
  ANNETTE KREITZER , staff to Senator Loren Leman, reviewed the                
 changes made in the committee substitute.  She said at a previous             
 hearing on the legislation DNR expressed concern about the                    
 definition of "isolated tracts of land" so the committee substitute           
 goes back to the "vacant, unappropriated, unreserved land"                    
 definition.  On page 2, line  Senator Wilken was concerned about              
 the phrase "in proximity to" and the phrase has been changed to the           
 word "near."  There was concern by Senator Wilken and others about            
 value of the tract to the state, which is initially taken care of             
 on page 1, line 13, as well as in a new subsection (d) on page 2.             
 The final change on page 2, line 6 was to address a concern of the            
 Department of Transportation & Public Facilities that the                     
 conveyance does not adversely affect present or future interests of           
 the state.                                                                    
 Number 367                                                                    
                                                                               
  SENATOR DONLEY  moved the adoption of CSSB 98(CRA), version "F".             
 Hearing no objection, it was so ordered.                                      
                                                                               
 Number 370                                                                    
                                                                               
  SENATOR PHILLIPS  asked if the Municipality of Anchorage was in              
 support of the changes made in the committee substitute.   MS.                
 KREITZER  replied that municipalities are not happy with the                  
 language in the new subsection (d) which speaks to paying an amount           
 that is fair, proper, and in the best interests of the public.                
                                                                               
 Number 378                                                                    
                                                                               
  JANE ANGVIK , Director, Division of Lands, Department of Natural             
 Resources, testifying from Anchorage, stated her division has                 
 looked over the proposed committee substitute, and they support               
 it, although they do have some concern with the language on page 2,           
 in subsection (d) which reads "the commissioner may require the               
 municipality to pay an amount that is fair..."                                
                                                                               
 Number 390                                                                    
                                                                               
  GARY GUSTAFSON , Director, Heritage Land Bank, Municipality of               
 Anchorage, stated the municipality is supportive of all but one of            
 the changes in the committee substitute.  There is concern with the           
 new subsection (d) on page 2 because it would establish a new                 
 precedence for municipal entitlement transfers that up to this                
 point has never occurred.  He said he thinks the bill is targeting            
 areas in the state where municipalities could be the better land              
 manager, and it would be more cost effective for municipalities to            
 manage lands in the state.                                                    
                                                                               
 Number 418                                                                    
                                                                               
  SENATOR WILKEN  directed attention to subsection (d) on page 2, line         
 12, and commented that he thinks the word "may" should be replaced            
 with "shall."  He then asked Mr. Gustafson why the state shouldn't            
 be reimbursed for the value of that land that is owned by the                 
 people.   MR. GUSTAFSON  responded the bill will amend AS 29.65,              
 which is the Municipal Entitlement Act.  Also, there are a lot of             
 isolated tracts of state land in Alaska, some of which are going to           
 be useful over time for municipalities.  This bill allows                     
 municipalities, if they have a use for that state land, to step               
 forward and make an application for it.  The commissioner can then            
 make a determination of whether it is in the best interests of the            
 public, and if it isn't, then the state shouldn't convey it to the            
 municipality, he said.                                                        
                                                                               
 Number 472                                                                    
                                                                               
  PAUL COSTELLO , Director of Land Management, Fairbanks North Star            
 Borough, read into the record a prepared statement in support of              
 the concept of conveying isolated tracts of state lands to                    
 municipalities, which will allow them to more economically develop            
 borough lands, and in the process make former state land available            
 for the public where it would otherwise not be available.                     
                                                                               
 However, the borough has two areas of concern about the                       
 legislation.  The first is with the limiting of the selection of              
 land to vacant, unappropriated, unreserved land, which effectively            
 eliminates the borough from consideration under this legislation.             
 There is very little state land within the borough's boundaries               
 that is not already classified for one purpose of another.  It is             
 suggested that the legislation include by definition, within the              
 VCC classification, lands which are classified for forestry or                
 other resource development purposes.  This would add to the borough           
 land more developable tracts and would therefore compliment any               
 proposed development.                                                         
                                                                               
 The borough's second concern is with the new subsection (d) and it            
 encourages its deletion because paying fair market value and the              
 survey costs for isolated tracts will, in most cases, make the                
 participation of the borough in any land development uneconomical,            
 and it effectively locks state land from any development in the               
 near future.                                                                  
                                                                               
 Number 495                                                                    
                                                                               
  CHAIRMAN MACKIE  noted that  RICK ELLIOTT  of the Division of Regiona        
 & Municipal Assistance, Department of Community & Regional Affairs,           
 was present in Anchorage to respond to questions on SB 98.                    
                                                                               
 Number 500                                                                    
                                                                               
 There being no further testimony on CSSB 98(CRA),  CHAIRMAN MACKIE            
 asked for the pleasure of the committee.                                      
                                                                               
  SENATOR WILKEN  moved the following amendment to CSSB 98(CRA):               
                                                                               
 Amendment No. 1                                                             
                                                                               
 Page 2, line 12:  Delete the word "may" and insert "shall"                    
                                                                               
  SENATOR DONLEY  objected to adoption of the amendment.  The roll was         
 taken with the following result:  Senators Phillips, Hoffman,                 
 Wilken and Mackie voted "Yea" and Senator Donley voted "Nay."  The            
 Chairman stated the amendment was adopted.                                    
                                                                               
  SENATOR WILKEN  moved CSSB 98(CRA), as amended, be passed out of             
 committee with individual recommendations.  Hearing no objection,             
 it was so ordered.                                                            
                                                                               
 There being no further business to come before the committee, the             
 meeting adjourned at 2:12 p.m.                                                
                                                                               
                                                                               

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