05/07/2004 04:17 PM Senate RES
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ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
May 7, 2004
4:17 p.m.
TAPE(S) 04-51
MEMBERS PRESENT
Senator Scott Ogan, Chair
Senator Thomas Wagoner, Vice Chair
Senator Ralph Seekins
Senator Ben Stevens
MEMBERS ABSENT
Senator Fred Dyson
Senator Kim Elton
Senator Georgianna Lincoln
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 319(FIN) am
"An Act relating to the disposal of state land by lottery;
relating to the reservation of rights by the state in land
contracts and deeds; relating to the disposal, including sale or
lease, of remote recreational cabin sites; and providing for an
effective date."
MOVED SCS CSHB 319(RES) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 309(JUD) am
"An Act relating to nonindigenous fish."
MOVED SCS CSHB 309(RES) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 319
SHORT TITLE: REC.CABIN SITES/ LOTTERY SALE/RTS. RESERV
SPONSOR(s): REPRESENTATIVE(s) FATE
05/14/03 (H) READ THE FIRST TIME - REFERRALS
05/14/03 (H) STA, RES, FIN
01/13/04 (H) STA AT 8:00 AM CAPITOL 102
01/13/04 (H) Heard & Held
01/13/04 (H) MINUTE(STA)
02/03/04 (H) STA AT 8:00 AM CAPITOL 102
02/03/04 (H) Heard & Held
02/03/04 (H) MINUTE(STA)
02/10/04 (H) STA AT 8:00 AM CAPITOL 102
02/10/04 (H) Heard & Held
02/10/04 (H) MINUTE(STA)
02/19/04 (H) STA AT 8:00 AM CAPITOL 102
02/19/04 (H) Moved CSHB 319(STA) Out of Committee
02/19/04 (H) MINUTE(STA)
02/23/04 (H) STA RPT CS(STA) 2DP 4NR 1AM
02/23/04 (H) DP: GRUENBERG, LYNN; NR: SEATON, HOLM,
02/23/04 (H) COGHILL, WEYHRAUCH; AM: BERKOWITZ
03/01/04 (H) RES AT 1:00 PM CAPITOL 124
03/01/04 (H) Heard & Held
03/01/04 (H) MINUTE(RES)
03/08/04 (H) RES AT 1:00 PM CAPITOL 124
03/08/04 (H) Moved CSHB 319(RES) Out of Committee
03/08/04 (H) MINUTE(RES)
03/09/04 (H) RES RPT CS(RES) NT 3DP 3NR
03/09/04 (H) DP: LYNN, STEPOVICH, WOLF; NR: GATTO,
03/09/04 (H) DAHLSTROM, MASEK
03/29/04 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/29/04 (H) Heard & Held
03/29/04 (H) MINUTE(FIN)
03/31/04 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/31/04 (H) Heard & Held
03/31/04 (H) MINUTE(FIN)
04/13/04 (H) FIN AT 3:00 PM HOUSE FINANCE 519
04/13/04 (H) Heard & Held
04/13/04 (H) MINUTE(FIN)
04/19/04 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/19/04 (H) Moved CSHB 319(FIN) Out of Committee
04/19/04 (H) MINUTE(FIN)
04/21/04 (H) FIN RPT CS(FIN) NT 4DP 3NR 1AM
04/21/04 (H) DP: CHENAULT, FATE, FOSTER, WILLIAMS;
04/21/04 (H) NR: MEYER, STOLTZE, HARRIS; AM: HAWKER
04/23/04 (H) TRANSMITTED TO (S)
04/23/04 (H) VERSION: CSHB 319(FIN) AM
04/26/04 (S) READ THE FIRST TIME - REFERRALS
04/26/04 (S) RES, FIN
05/03/04 (S) RES AT 3:30 PM BUTROVICH 205
05/03/04 (S) Heard & Held
05/03/04 (S) MINUTE(RES)
05/04/04 (S) RES AT 3:30 PM BUTROVICH 205
05/04/04 (S) Heard & Held
05/04/04 (S) MINUTE(RES)
05/07/04 (S) RES AT 3:30 PM BUTROVICH 205
BILL: HB 309
SHORT TITLE: CRIMES: NONINDIGENOUS FISH; SENTENCING
SPONSOR(s): REPRESENTATIVE(s) WOLF
05/08/03 (H) READ THE FIRST TIME - REFERRALS
05/08/03 (H) FSH, RES
05/16/03 (H) FSH AT 7:30 AM CAPITOL 124
05/16/03 (H) Heard & Held
05/16/03 (H) MINUTE(FSH)
03/22/04 (H) FSH AT 9:00 AM CAPITOL 124
03/22/04 (H) Moved CSHB 309(FSH) Out of Committee
03/22/04 (H) MINUTE(FSH)
03/24/04 (H) FSH RPT CS(FSH) NT 3DP 2NR
03/24/04 (H) DP: GARA, WILSON, SEATON; NR: OGG,
03/24/04 (H) GUTTENBERG
03/31/04 (H) RES AT 1:00 PM CAPITOL 124
03/31/04 (H) Heard & Held
03/31/04 (H) MINUTE(RES)
04/01/04 (H) JUD REFERRAL ADDED AFTER RES
04/05/04 (H) RES AT 1:00 PM CAPITOL 124
04/05/04 (H) Heard & Held
04/05/04 (H) MINUTE(RES)
04/07/04 (H) RES AT 1:00 PM CAPITOL 124
04/07/04 (H) Moved CSHB 309(RES) Out of Committee
04/07/04 (H) MINUTE(RES)
04/08/04 (H) RES RPT CS(RES) NT 1DP 3NR 5AM
04/08/04 (H) DP: WOLF; NR: LYNN, GUTTENBERG,
04/08/04 (H) DAHLSTROM; AM: HEINZE, STEPOVICH,
04/08/04 (H) GATTO, KERTTULA, MASEK
04/16/04 (H) JUD AT 1:00 PM CAPITOL 120
04/16/04 (H) Heard & Held Assigned to Subcmte
04/16/04 (H) MINUTE(JUD)
04/21/04 (H) JUD AT 1:00 PM CAPITOL 120
04/21/04 (H) Moved CSHB 309(JUD) Out of Committee
04/21/04 (H) MINUTE(JUD)
04/22/04 (H) JUD RPT CS(JUD) NT 4DP 1NR 1AM
04/22/04 (H) DP: SAMUELS, GARA, OGG, MCGUIRE;
04/22/04 (H) NR: GRUENBERG; AM: HOLM
04/27/04 (H) TRANSMITTED TO (S)
04/27/04 (H) VERSION: CSHB 309(JUD) AM
04/28/04 (S) READ THE FIRST TIME - REFERRALS
04/28/04 (S) STA, RES
05/01/04 (S) STA AT 0:00 AM BELTZ 211
05/01/04 (S) Moved CSHB 309(JUD) am Out of Committee
05/01/04 (S) MINUTE(STA)
05/02/04 (S) STA RPT 4NR
05/02/04 (S) NR: STEVENS G, COWDERY, STEDMAN, GUESS
05/06/04 (S) RES AT 3:30 PM BUTROVICH 205
05/06/04 (S) Scheduled But Not Heard
05/07/04 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
Mr. Jim Pound
Staff to Representative Hugh Fate
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on HB 319 for the sponsor.
Mr. Dick Mylius, Deputy Director
Division of Mining, Land and Water
Department of Natural Resources
400 Willoughby Ave.
Juneau, AK 99801-1724
POSITION STATEMENT: Commented on HB 319.
Mr. Neal DuPerron
Staff to Representative Kelly Wolf
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on HB 309 for the sponsor.
Ms. Sarah Gilbertson, Legislative Liaison
Department of Fish & Game
PO Box 25526
Juneau, AK 99802-5226
POSITION STATEMENT: Commented on HB 309.
ACTION NARRATIVE
TAPE 04-51, SIDE A
CSHB 319(FIN) am -REC.CABIN SITES/ LOTTERY SALE/RTS. RESERV
CHAIR SCOTT OGAN called the Senate Resources Standing Committee
meeting to order at 4:17 p.m. Present were Senators Wagoner, Ben
Stevens, Seekins and Chair Scott Ogan. The first order of
business to come before the committee was CSHB 319 (FIN) am.
CHAIR OGAN moved Amendment 1.
23-LS0477\XA.3
A M E N D M E N T 1
OFFERED IN THE SENATE BY SENATOR OGAN
TO: CSHB 319(FIN) am
Page 3, line 4:
Delete "entry"
Insert "lease issuance, unless an extension is found
necessary by the commissioner"
Page 3, line 14:
Delete "in regulations"
Page 3, lines 24 - 27:
Delete all material and insert:
"(f) A resident may nominate a parcel for disposal
under this section. The commissioner shall review the
nomination and may
(1) offer the nominated parcel for sale;
(2) offer additional parcels within the
surrounding area for sale; or
(3) find that the parcel or area is not
appropriate for disposal."
Page 3, line 28, following "acres":
Insert "unless the commissioner determines that a larger
site is necessary to comply with municipal ordinances, because
of the unique physical and natural characteristics of the area,
or to increase the return to the state from the sale of the
parcel"
Page 4, line 3:
Delete ", in the public interest,"
Page 4, line 4:
Delete "adopts a regulation indicating"
Insert "finds that"
Page 4, line 5, following "frontage":
Insert "is in the public interest"
Page 4, line 20:
Delete "AS 38.05.600(f)"
Insert "AS 38.05.600(g)"
SENATOR SEEKINS objected.
CHAIR OGAN explained that this amendment addresses his concern
that nominated parcels might affect areas that are heavily used
by the public like fishing holes and favorite camp sites -
outside of the best interest finding.
SENATOR SEEKINS withdrew his objection.
MR. JIM POUND, staff to Representative Hugh Fate, sponsor, said
the fiscal note should be lowered with Amendment 1.
CHAIR OGAN indicated that the new fiscal note indeed would be
significantly lower.
MR. DICK MYLIUS, Deputy Director, Division of Mining, Land and
Water, Department of Natural Resources (DNR), said that he
anticipated the first year would cost around $69,000 and then
go up to pay for additional survey staff.
SENATOR WAGONER moved to pass SCS CSHB 319(RES) from committee
with individual recommendations and attached fiscal notes as
amended. There were no objections and it was so ordered.
CSHB 309(JUD) am-CRIMES: NONINDIGENOUS FISH; SENTENCING
CHAIR OGAN announced CSHB 309(JUD) am to be up for
consideration.
MR. NEAL DUPERRON, staff to Representative Kelly Wolf, sponsor,
explained that CSHB 309(JUD) am says that a person may not
knowingly release, transport, possess, export or import for
purposes of release into the state waters live indigenous fish
or live fertilized eggs from non-indigenous fish unless
permitted by AS 16.05 or AS 16.04 or under regulations adopted
under AS 16.05 - AS 16.40.
SENATOR WAGONER moved Amendment 1.
23-LS1097\BA.1
Utermohle
1/13/05
A M E N D M E N T 1
OFFERED IN THE SENATE BY SENATOR WAGONER
TO: CSHB 309(JUD) am
Page 1, line 6:
Delete "(1)"
Delete "generally accepted practices associated with"
Page 1, lines 8 - 9:
Delete "; and
(2) the state enforce this Act with due regard for
private property"
Insert "and do not cause significant harm to the continued
perpetuation of native, wild, or hatchery stocks of fish"
Page 2, following line 7:
Insert a new subsection to read:
"(d) In addition to the penalty imposed under (c) of
this section, a person who is convicted of violating this
section may be ordered by the court to pay restitution, up
to a maximum of $10,000, to the state to cover the costs of
damages to fishery resources of the state and of removing
the introduced fish species from the water of the state."
Reletter the following subsection accordingly.
SENATOR WAGONER moved to amend Amendment 1 [Amendment 1(a)] on
line 14 to delete "up to a maximum of $10,000" and to correct
the punctuation.
CHAIR OGAN objected for discussion purposes.
SENATOR WAGONER replied that the restitution could cost a whole
lot more than $10,000.
MS. SARAH GILBERTSON, Legislative Liaison, Alaska Department of
Fish and Game (ADF&G), explained that with the deletion of that
language the discretion of the courts is maintained where
currently, restitution is sought under the general criminal
code.
CHAIR OGAN said that the legislature sets limits like that all
the time and this could certainly impoverish someone.
SENATOR WAGONER quipped that if someone were impoverished, the
word would get around quicker. "It's a travesty to allow private
parties to get away with something like this.... I agree this is
a good bill."
CHAIR OGAN removed his objection to Amendment 1 and Amendment
1(a).
SENATOR WAGONER moved to pass SCS CSHB 309(RES) from committee
with individual recommendations and attached fiscal notes. There
were no objections and it was so ordered. There being no further
business to come before the committee, Chair Ogan adjourned the
meeting at 4:30 p.m.
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