02/02/2005 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| SB69 | |
| SB55 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 55 | TELECONFERENCED | |
| = | SB 69 | ||
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
February 2, 2005
3:34 p.m.
MEMBERS PRESENT
Senator Thomas Wagoner, Chair
Senator Ralph Seekins, Vice Chair
Senator Ben Stevens
Senator Fred Dyson
Senator Kim Elton
MEMBERS ABSENT
Senator Bert Stedman
Senator Gretchen Guess
COMMITTEE CALENDAR
SENATE BILL NO. 69
"An Act making special appropriations to promote the opening of
the Arctic National Wildlife Refuge for oil and gas exploration
and development; and providing for an effective date."
MOVED SB 69 OUT OF COMMITTEE
SENATE BILL NO. 55
"An Act instructing the commissioner of natural resources to
issue a patent for the remaining interest in certain state land
to the owner of the agricultural rights to that land."
MOVED SB 55 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 69
SHORT TITLE: APPROP: GRANT TO ARCTIC POWER FOR ANWR
SPONSOR(s): RESOURCES
01/21/05 (S) READ THE FIRST TIME - REFERRALS
01/21/05 (S) RES, FIN
01/26/05 (S) RES AT 3:30 PM BUTROVICH 205
01/26/05 (S) Heard & Held
01/26/05 (S) MINUTE(RES)
01/31/05 (S) RES AT 3:30 PM BUTROVICH 205
01/31/05 (S) <Bill Hearing Postponed to 02/02/05>
02/02/05 (S) RES AT 3:30 PM BUTROVICH 205
BILL: SB 55
SHORT TITLE: AGRICULTURAL LAND
SPONSOR(s): SENATOR(s) WAGONER
01/14/05 (S) READ THE FIRST TIME - REFERRALS
01/14/05 (S) RES, FIN
02/02/05 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
Ms. Amy Seitz
Staff to Senator Wagoner
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on SB 55 for the sponsor.
Mr. Frank Miller
Ninilchik AK
POSITION STATEMENT: Supports SB 55.
Mr. Chuck Graham
Hope AK
POSITION STATEMENT: Supports SB 55.
Ms. Erica Miller
Hope AK
POSITION STATEMENT: Supports SB 55.
Ms. Roswitha Miller
Ninilchik AK
POSITION STATEMENT: Supports SB 55.
Mr. Donald Lintleman
Delta Junction AK
POSITION STATEMENT: Supports SB 55.
Ms. Janet Burleson Baxter, Legislative Liaison
Department of Natural Resources
400 Willoughby Ave.
Juneau, AK 99801-1724
POSITION STATEMENT: No position on SB 55.
ACTION NARRATIVE
CHAIR THOMAS WAGONER called the Senate Resources Standing
Committee meeting to order at 3:34:09 PM. Present were Senators
Seekins, Stevens, Dyson, Elton and Chair Wagoner.
SB 69-APPROP: GRANT TO ARCTIC POWER FOR ANWR
CHAIR WAGONER announced SB 69 to be up for consideration.
SENATOR DYSON moved to pass SB 69. Elton objected. Senator Elton
voted nay; Senators Seekins, Dyson, Stevens and Chair Wagoner
voted yea; SB 69 moved from committee.
3:37:03 PM - 3:37:44 PM - Recess
SB 55-AGRICULTURAL LAND
CHAIR WAGONER announced SB 55 to be up for consideration.
MS. AMY SEITZ, staff to Senator Wagoner, sponsor of SB 55, said
the reason it was introduced is to resolve a problem that dates
back to the 1964 earthquake and involves the Ross Miller family
who has property in Hope. They owned a 27-acre homestead and
were also leasing 15 acres of Forest Service land, which they
were using as pastureland. In the '64 earthquake they lost 18 of
their 27 acres and were compensated through the Earthquake
Exchange Program by receiving only one acre of land. The state
determined that that wasn't really fair and decided to turn over
the agricultural rights to the 15 acres that the Millers were
leasing. At that time, the fee simple title probably should have
been turned over to them, but it wasn't. The Department of
Natural Resources (DNR) is not interested in the remaining
rights to the property and is in favor of selling it to the
Millers. However, without SB 55 that can't be done.
SB 55 makes a small statutory change allowing the Department of
Natural Resources to turn over the remaining rights to certain
state-owned lands. There are three requirements the land has to
meet. It can't be more than 15 acres and has to be used for
agricultural purposes. Secondly, the state has to have
originally acquired the land from the National Forest under
Section 6(a) of the Alaska Statehood Act. Thirdly, the owner
would have to pay the fair market value for the remaining rights
to the land. The statutory change would be repealed in December
2006.
3:40:46 PM
MR. FRANK MILLER thanked Senator Wagoner for sponsoring the bill
for his family saying it would bring closure to a long-standing
problem. He thought it was fair to pay the state for full title
to the land.
MR. CHUCK GRAHAM, husband of Linda Graham, said he is speaking
on her behalf. She is a principal in the 15 acres and supports
SB 55 as a solution to a very long-standing dilemma.
3:41:46 PM
MS. ERICA MILLER, Frank Miller's daughter, said she currently
lives on the Hope property and supports SB 55.
3:42:13 PM
MS. ROSWITHA MILLER supported SB 55.
3:42:38 PM
MR. DONALD LINTLEMAN, Delta Junction, supported SB 55.
3:43:22 PM
SENATOR SEEKINS said he had no objection, but if the land should
originally have been transferred at the time of the earthquake,
for justice's sake, it should be sold to them at the value it
was then.
3:44:12 PM
CHAIR WAGONER said that the Division of Lands believes it should
be reimbursed at fair market value today.
3:44:42 PM
MS. JANET BURLESON BAXTER, Legislative Liaison, Department of
Natural Resources (DNR), said the department doesn't have a
statutory mechanism to offer that kind of opportunity absent a
legislative fix, which it doesn't object to.
3:45:14 PM
SENATOR BEN STEVENS said the Millers had been involved with this
property for a number of years, but Section 2 allows only 24
months for other people to qualify. He asked if that is enough
time.
3:46:01 PM
MS. BAXTER replied that a similar bill was researched a few
years ago to see if other people might qualify and the
department doesn't anticipate others. She would have to get back
to him with the reasoning behind the effective date.
3:46:35 PM
SENATOR STEVENS said he didn't want to change the bill, but on
page 1, line 12, he asked what the impact would be of raising
the amount of land to 50 acres.
3:46:58 PM
MS. BAXTER said she didn't know, but the bill is designed to
address the Miller family's concern specifically. It is a very
small area of land and the appraisal for the agriculture
interest would not be too much relatively speaking.
3:47:54 PM
SENATOR SEEKINS brought up the question that the Millers would
have to get an appraisal for the fee simple rights separate from
the agricultural rights and finding a comparable would be very
difficult. "I'm just thinking that justice is best served when
we do what we should do, not what is necessarily the most
expedient thing."
3:48:54 PM
CHAIR WAGNER said the Millers started this process some time ago
and just want to get it done and over with so the property can
be divided among members of the family.
3:49:28 PM
SENATOR STEVENS moved to pass SB 55 from committee with
individual recommendations. There were no objections and it was
so ordered. There being no further business to come before the
committee, Chair Wagoner adjourned the meeting at 3:50:08 PM.
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