Legislature(1997 - 1998)
1997-04-04 Senate Journal
Full Journal pdf1997-04-04 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.