03/14/1995 01:45 PM House FIN

  HOUSE BILL 80                                                                
                                                                               
       "An Act relating  to the approval, change,  or vacation                 
       of  subdivision  plats   in  areas  outside   organized                 
       boroughs, in the unorganized borough outside of cities,                 
       and  in the third  class boroughs; and  relating to the                 
       definitions of 'street' and 'subdivision'."                             
                                                                               
  REPRESENTATIVE  JEANNETTE  JAMES  stated that  the  proposed                 
  legislation  would  authorize  the   Department  of  Natural                 
  Resources to approve plats.  She pointed out  that currently                 
  there   is  no  legal  authority  to  review  plats  in  the                 
  unorganized  boroughs   for  compliance   with  State   law.                 
  Landlocked lots have  resulted because  there are no  agency                 
  reviews of access to each lot.                                               
                                                                               
  She continued, currently,  "paper plats"  are allowed to  be                 
  recorded without being  surveyed; HB  80 would correct  that                 
  oversight.  The legislation would  require the Department of                 
  Natural Resources (DNR) to review  plats for compliance with                 
  State law.   There currently  exists several definitions  of                 
  "street" and  "subdivision"  in statute.    The  legislation                 
  would clarify the definition of  these terms as requested by                 
  the Department.                                                              
                                                                               
  Representative  Brown  referencing  a  fiscal  note  by  the                 
  Division  of  Lands,   asked  if   plat  review  fees   were                 
  established by  statute or regulation.  Representative James                 
  noted  her  surprise  in  the  fiscal  note  request.    She                 
  requested that it be revenue neutral.                                        
                                                                               
  Representative Brown  understood that  the fiscal  note from                 
  DNR would be revenue neutral, although the  fiscal note from                 
  the Department of Community and  Regional Affairs, Municipal                 
  Lands  Trustee,  would  require  funding  because  it  would                 
  require  enforcing new  requirements.   Representative James                 
  agreed there would be survey requirements of the Division.                   
                                                                               
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  Representative James  added  that previously  DNR  had  been                 
  exempted, although the proposed legislative inclusion, would                 
  generate fiscal impact.   She then  referenced Page 7,  Line                 
  18, "...or plats prepared by the Department of Community and                 
  Regional Affairs  for the  leasing of  municipal trust  land                 
  under  AS  44.47.150."    She  thought that  language  could                 
  eliminate the need for the fiscal note.                                      
                                                                               
  KIMBERLY METCALFE-HELMAR, SPECIAL  ASSISTANT, OFFICE OF  THE                 
  COMMISSIONER, DEPARTMENT OF COMMUNITY AND REGIONAL  AFFAIRS,                 
  provided the Committee  with an  updated and revised  fiscal                 
  note, explaining that the previous  one published on 2/22/95                 
  was in error.                                                                
                                                                               
  NICO  BUS,  DIRECTOR, DIVISION  OF  ADMINISTRATIVE SERVICES,                 
  DEPARTMENT OF  NATURAL RESOURCES,  explained the  DNR fiscal                 
  note.   He stated  that the bill would  establish DNR as the                 
  platting authority in  the unorganized borough.  In order to                 
  generate a neutral fiscal note, the hired surveying position                 
  would be employed for nine months only.  The result would be                 
  less  plats  processed.   Mr.  Bus  added that  a  full year                 
  surveyor could process 250 plats.                                            
                                                                               
  Representative  Brown  questioned  the  result  to  lots not                 
  platted.   Representative  James  replied  that the  current                 
  situation  would  not  change  until  the problem  had  been                 
  addressed and then platted.                                                  
                                                                               
  Mr. Bus indicated  that the Department of  Natural Resources                 
  supports the legislation.                                                    
                                                                               
  Representative  Kohring questioned  how much  State land  is                 
  unorganized  boroughs.   Representative  James  replied that                 
  there was an approximate 50/50%  split between organized and                 
  unorganized areas.                                                           
                                                                               
  Co-Chair Hanley recommended changing the  DNR fiscal note to                 
  a nine month  position.  Mr. Bus offered to  submit a fiscal                 
  note reflecting that change to the Committee.                                
                                                                               
  Representative Therriault MOVED to report CS HB 80 (CRA) out                 
  of Committee with individuals  recommendations and with  the                 
  accompanying fiscal notes.  There being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  CS HB  80 (CRA)  was reported out  of Committee  with a  "do                 
  pass"  recommendation  and   with  a  fiscal  note   by  the                 
  Department of Community  and Regional Affairs dated  2/22/95                 
  and the Department of Natural Resources.