Legislature(1997 - 1998)

05/08/1997 03:43 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
             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               
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            
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                 
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                                                                     
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.                                       
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             
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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