Legislature(1997 - 1998)

1997-04-04 Senate Journal

Full Journal pdf

1997-04-04                     Senate Journal                      Page 1004
SB 109                                                                       
SENATE BILL NO. 109 An Act relating to land used for                           
agricultural purposes and to state land classified for agricultural            
purposes or subject to the restriction of use for agricultural purposes        
only; and annulling certain program regulations of the Department of           
Natural Resources that are inconsistent with the amendments made               
by this Act was read the second time.                                          
                                                                               
Senator Sharp moved and asked unanimous consent for the adoption               
of the Finance Committee Substitute offered on page 933.  Without              
objection, CS FOR SENATE BILL NO. 109(FIN) An Act relating                     
to land used for agricultural purposes and to state land classified for        
agricultural purposes or subject to the restriction of use for                 
agricultural purposes only; and annulling certain program regulations          
of the Department of Natural Resources that relate to agricultural             
land and agricultural homesteads was adopted and read the second               
time.                                                                          
                                                                               
Senator Green offered Amendment No. 1 :                                         
                                                                               
Page 7, lines 13 - 24:                                                         
                                                                               
Delete all material and insert:                                                
	"(e)  A landowner may subdivide land classified for                           
agricultural use and for which the landowner obtained a patent under           
a homestead entry permit issued under AS 38.09 so long as the                  
resulting parcels are not in violation of the minimum parcel size set          
out in (a)(2) of this section.  A landowner may subdivide other land           
classified for agricultural use as authorized under (d)(3)(C) of this          
section.  If the subdivision involves land classified for agricultural         
use and for which the landowner obtained a patent under a                      
homestead entry permit issued under AS 38.09, or if the subdivision            
of land authorized under (d)(3)(C) of this section results only in             
parcels of 640 acres or more, the landowner may subdivide without              
payment as required by this subsection.  If subdivision of land                
authorized by (d)(3)(C) of this section would result in one or more            
parcels of less than 640 acres, the landowner may subdivide only if            

1997-04-04                     Senate Journal                      Page 1005
SB 109                                                                       
the landowner first tenders payment to the department for the fair             
market value of the interest in each subdivided parcel of less than            
640 acres exclusive of the value of the rights for agricultural                
purposes.  For purposes of this subsection, fair market value of the           
interest in a parcel exclusive of the value of the rights for                  
agricultural purposes                                                          
		(1)  is $6,000 for the parcel, subject to adjustment                         
under (h) of this section; or                                                  
		(2)  shall be determined by an appraisal by an                               
appraiser under contract to the owner of the rights for agricultural           
purposes in the parcel; the appraisal must                                     
		(A)  be based upon the value of the parcel                                  
at the time of the original state conveyance of the                            
agricultural rights, subject to adjustment under (h) of this                   
section; and                                                                   
		(B)  include the fair market value,                                         
determined as of the date of subdivision, of the interests in                  
land based on the value, if any, of the additional rights that                 
are confirmed in the landowner under (d)(3)(A) of this                         
section."                                                                      
                                                                               
Page 7, line 25:                                                               
	Delete "(e)(1)"                                                               
	Insert "(e)"                                                                  
                                                                               
Page 8, following line 15:                                                     
	Insert a new subsection to read:                                              
                                                                               
	"(h)  The value of the rights for agricultural purposes                       
determined under (e)(1) or (e)(2)(A) of this section shall be adjusted         
to correspond with the change in the consumer price index for all              
urban consumers for the Anchorage Metropolitan Area compiled by                
the Bureau of Labor Statistics, United States Department of Labor.             
The base year for the computation shall be the calendar year in                
which the process of conveyance of state land authorized by (a) of             
this section is initiated under this section."                                 
                                                                               
Reletter the following subsections accordingly.                                
                                                                               

1997-04-04                     Senate Journal                      Page 1006
SB 109                                                                       
Senator Green moved for the adoption of Amendment No. 1.                       
Without objection, Amendment No. 1 was adopted.                                
                                                                               
Senator Taylor moved and asked unanimous consent that the bill be              
considered engrossed, advanced to third reading and placed on final            
passage.  Without objection, it was so ordered.                                
                                                                               
CS FOR SENATE BILL NO. 109(FIN) am was read the third time.                    
                                                                               
The question being: Shall CS FOR SENATE BILL NO. 109(FIN)                      
am An Act relating to land used for agricultural purposes and to               
state land classified for agricultural purposes or subject to the              
restriction of use for agricultural purposes only; and annulling certain       
program regulations of the Department of Natural Resources that                
relate to agricultural land and agricultural homesteads pass the               
Senate?  The roll was taken with the following result:                         
                                                                               
CSSB 109(FIN) am                                                               
Third Reading - Final Passage                                                  
                                                                               
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Kelly, Leman, Lincoln, Mackie,                  
Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward,             
Wilken                                                                         
                                                                               
Nays:  Adams, Duncan, Ellis, Hoffman                                           
                                                                               
and so, CS FOR SENATE BILL NO. 109(FIN) am passed the                          
Senate.                                                                        
                                                                               
Senator Duncan gave notice of reconsideration.