Legislature(1997 - 1998)
05/08/1997 03:43 PM Senate RES
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SENATE RESOURCES COMMITTEE
May 8, 1997
3:43 p.m.
MEMBERS PRESENT
Senator Rick Halford, Chairman
Senator Lyda Green, Vice Chairman
Senator Loren Leman
Senator Robin Taylor
Senator John Torgerson
Senator Georgianna Lincoln
MEMBERS ABSENT
Senator Bert Sharp
COMMITTEE CALENDAR
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 243(RES)
"An Act delaying the repeal of the current law regarding
subsistence use of fish and game; amending the effective date of
secs. 3 and 5, ch. 1, SSSLA 1992; and providing for an effective
date."
CS FOR HOUSE BILL NO. 198(FIN)
"An Act relating to regional dive fishery development associations
and to dive fishery management assessments; and providing for an
effective date."
CS FOR HOUSE BILL NO. 109(FIN)
"An Act relating to the management and disposal of state land and
resources; relating to certain remote parcel and homestead entry
land purchase contracts and patents; and providing for an effective
date."
PREVIOUS SENATE COMMITTEE ACTION
HB 243 - No previous action to record.
HB 198 - No previous action to record.
HB 109 - See Resources Committee minutes dated 5/7/97.
WITNESS REGISTER
Ron Sommerville
4506 Robbie Road
Juneau, AK 99801
POSITION STATEMENT: Offered information on CSSSHB 243(RES)
Ms. Mary C. Pete, Director
Division of Subsistence
Department of Fish & Game
P.O. Box 25526
Juneau, AK 99802-5526
POSITION STATEMENT: Present to respond to questions on
CSSSHB 243(RES)
Representative Bill Williams
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of CSHB 198(FIN)
Geron Bruce, Legislative Liaison
Office of the Commissioner
Department of Fish & Game
P.O. Box 25526
Juneau, AK 99802-5526
POSITION STATEMENT: Outlined department's concern with
CSHB 198(FIN)
Jerry Luckhaupt, Legal Counsel
Legislative Legal & Research Services
Legislative Affairs Agency
130 Seward St., Suite 409
Juneau, AK 99801
POSITION STATEMENT: Reviewed changes in SCS CSHB 109(RES)
ACTION NARRATIVE
TAPE 97-35, SIDE A
Number 001
CSSSHB 243(RES) EXTEND CURRENT SUBSISTENCE LAW
CHAIRMAN HALFORD called the Senate Resources Committee meeting to
order at 3:43 p.m. The first order of business was the
consideration of CSSSHB 243(RES), which is an extension of the
sunset provisions on the amendment to the subsistence law that was
passed in 1992.
Number 015
RON SOMMERVILLE, a technical consultant to the Senate/House
leadership, confirmed the legislation extends the existing state
law for one year. Allowing the 1992 law to sunset would mean going
back to the 1986 law, which creates a certain amount of problems
and a significant cost. When the 1992 law passed, it necessitated
going through all of the regulations, one at time, to make sure
they were in conformance with the law, and the same thing would
have to occur if it was to sunset and be replaced by the 1986 law.
Mr. Sommerville pointed out passage of HB 243 has considerable
support.
Number 045
There being no questions from committee members on CSSSHB 243(RES),
CHAIRMAN HALFORD requested a motion on the legislation.
SENATOR LEMAN moved CSSSHB 243(RES) and the zero fiscal note be
passed out of committee with individual recommendations. Hearing
no objection, it was so ordered.
Number 055
CSHB 198(FIN) DIVE FISHERY MANAGEMENT ASSN. & ASSESSMNT
CHAIRMAN HALFORD brought CSHB 198(FIN) before the committee as the
next order of business.
REPRESENTATIVE BILL WILLIAMS, prime sponsor of HB 198, said the
legislation is a jobs bill supported by the southeast communities.
For the past decade Southeast Alaska has been attempting to
establish a orderly, consistent and stable fishery but the problem
has always been a long-term funding mechanism for the merging
fishery. HB 198 provides the divers with the ability to assess
themselves to pay for the management of the dive fishery. Divers
would be able to organize associations, to assess themselves and to
work with the Department of Fish and Game in a cooperative manner
to solve the management problems and reduce management costs.
Representative Williams pointed out that timing is an important
factor in this legislation. There is some money in the operating
budget to operate a small portion of the fisheries in FY 98, but in
order to have a fishery in FY 99 and develop more jobs, the divers
must start assessing themselves as soon as possible, and passage of
HB 198 this session will allow this to happen.
Number 085
GERON BRUCE, Legislative Liaison, Department of Fish and Game,
addressing the funding of the legislation, said right now it would
be general fund program receipts. The impression by supporters of
the bill is that it would provide new funding to the Department of
Fish & Game to develop these new fisheries, but the passage of this
bill alone will not accomplish that unless the revenue was
classified as designated program receipts under SB 55. However,
the current version of SB 55 will not include this kind of revenue
as a designated program receipt, so the department is concerned
that in order to develop this new fishery, funding will have to be
taken from some existing fishery management program. He noted the
department has worked with the sponsor on a number of issues in the
bill and has been able resolve them, but the funding issue remains
an outstanding issue and a concern to the department.
CHAIRMAN HALFORD asked what happens if the Finance Committee adopts
the fiscal note for the bill in general funds. MR. BRUCE responded
there wouldn't be a cost until FY 99, but if the Legislature
continues to reduce the department's total overall budget, there
would have to be cuts someplace else to go forward with this.
CHAIRMAN HALFORD commented that the program costs $302,000 and it
generates $302,000.
SENATOR LEMAN suggested the program receipts legislation has
already passed this session, but it may be something that can be
dealt with next year because he thinks it is something completely
contrary to what he thinks the intent of the bill is which is to
provide an alternative funding mechanism for the program.
Number 145
SENATOR TAYLOR asked if Mr. Bruce was saying the department
supports the legislation. MR. BRUCE replied that he was not saying
the department supports the legislation. He said they've worked to
resolve a number of issues, but they have not taken a position of
support because of their concern with the impact of this one issue
on the department's overall budget.
Number 160
SENATOR TORGERSON said he thinks HB 198 would fall under SB 55 if
it meets the criteria of that bill because SB 55 didn't set out a
laundry list of different programs that would be considered to be
designated program receipts. One of the criteria is to enter into
a contract with another entity where the funds would come in as a
result of entering into that contract, and he thinks that it would
qualify under the designated program receipts if they entered into
a contract.
Number 225
SENATOR LINCOLN said there is no question that this a good piece of
legislation, but she has heard concern that the money from the
assessments might be used for other than what it is intended for.
She asked Representative Williams if that was of concern to him and
how he proposes preventing that from happening. REPRESENTATIVE
WILLIAMS acknowledged that it is a concern, but he is optimistic
that these monies will go where they are supposed to go.
Number 260
SENATOR TAYLOR moved CSHB 198(FIN) and the accompanying fiscal note
be passed out of committee with individual recommendations.
Hearing no objection, it was so ordered.
CSHB 109(FIN) MANAGEMENT OF STATE LAND AND RESOURCES
CHAIRMAN HALFORD brought CSHB 109(FIN) before the committee as the
final order of business. However, because the draft Resources SCS
was not back from the drafter, he stated the committee would stand
in recess until it was available.
CHAIRMAN HALFORD recessed the Senate Resources Committee at 4:00
p.m., and called it back to order at 6:12 p.m. He then asked Mr.
Luckhaupt to review the changes made to the Resources SCS after
going through the bill section by section the previous day.
JERRY LUCKHAUPT, Legal Counsel, Legislative Affairs Agency,
outlined the following changes.
Section 7. The "staking and lease" language was reinserted.
Section 8. It is a new section that allows the use of site
specific land use plans when a regional land use plan is not being
completed.
Section 14. The interest rate was changed from four percent to
three percent.
Section 21. Removal of a below-ground tank was changed from 30
days to 60 day after termination of a lease.
Section 23. In subsection (a) the language "in areas of the state
with dispersed populations if the land is classified for that
purpose under the procedures required by AS 38.05.300 and
38.05.945" was deleted out of the first sentence.
Section 33. The fee for a homestead entry permit if the entry is
on land not classified agricultural was changed from $20 per acre
to $10 per acre.
Section 35. It is a conforming change because AS 38.09.050(a)(3)
is being repealed.
Section 40. The citation of AS 38.05.056 was changed to AS
38.05.856. Language was also changed on lines 22 and 23 to address
a concern relating to people that had permits and they hadn't been
acted on by the department.
After the review of the changes, CHAIRMAN HALFORD requested a
motion to adopt the Resources SCS.
SENATOR LEMAN moved the adoption of SCS CSHB 109(RES) dated 5/8/97.
Hearing no objection, it was so ordered.
SENATOR GREEN moved SCS CSHB 109(RES) and the accompanying fiscal
note 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 6:22 p.m.
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