1999-02-18                     Senate Journal                      Page 0287
SB 79                                                                        
SENATE BILL NO. 79 BY THE SENATE RULES COMMITTEE                               
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
An Act relating to the management and protection                              
of state land legislatively designated for public use                          
under AS 41.23, and state land designated by the                               
commissioner of the Department of Natural                                      
Resources for special management; and providing                                
for an effective date.                                                         
                                                                               
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               
Fiscal note published today from Department of Natural Resources.              
                                                                               
Governors transmittal letter dated February 18:                                
                                                                               
Dear President Pearce:                                                         
                                                                               
In the interest of public health and safety, the state of Alaska should        
make every effort to enforce our laws governing conduct on state               
land and water. Existing statute authorizes certain state employees to         
enforce these laws in state parks and some recreational facilities.            
However, it does not extend that enforcement capability to                     
legislatively  designated  public  use areas, other recreation areas, or       
                                                                               
                                                                               

1999-02-18                     Senate Journal                      Page 0288
SB 79                                                                        
special use areas. This bill I transmit today extends enforcement              
authority to these other highly valued and used lands by authorizing           
certain employees of the Department of Natural Resources to issue              
citations for violations.                                                      
                                                                               
Perhaps the biggest problem this bill tries to address is the removal          
of abandoned equipment, property, and junk on state land. Without              
any enforcement authority, the department currently is limited to              
asking violators to remove their junk, usually with no response. The           
department would resort to issuing citations when other non-punitive           
attempts to halt the illegal activity have failed.                             
                                                                               
Penalties for conviction of a special area violation would range from          
$1,000 to $5,000 and could include the forfeiture of natural resources         
and profits acquired as a result of the violation. However, the bill           
authorizes the Alaska Supreme Court to identify offenses that could            
be paid without a court appearance and to set a bail schedule for              
these cases. It is likely these fines for incidents such as littering,         
unauthorized occupancy, or blocking public access to trails, airstrips,        
and river channels, would mirror fines for these offenses on park              
lands and range from $25 to $200.                                              
                                                                               
I urge your prompt and favorable action on this measure that will              
enhance the use of our public lands.                                           
                                                                               
					Sincerely,                                                                
					/s/                                                                       
					Tony Knowles                                                              
					Governor