Legislature(1999 - 2000)
04/23/1999 08:07 AM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SENATE BILL NO. 7
"An Act relating to the University of Alaska and
university land, and authorizing the University of
Alaska to select additional state land."
CS FOR SENATE BILL NO. 7(RES)
"An Act relating to the University of Alaska and
university land, and authorizing the University of
Alaska to select additional state land."
Senator Robin Taylor spoke to work draft version #1-
LS0072\K, Luckhaupt, 3/24/99. [Copy on File]. He
explained the changes between that version and the one
previously adopted in the Resources Committee. Senator
Taylor advised that the proposed version would be clearer
and easier for everyone to follow.
MEL KROGSENG, Staff, Senator Robin Taylor, commented that
Legal Counsel, Jerry Luckhaupt, had recommended the above
mentioned changes.
Senator Leman MOVED to adopt the "K" version as the
working document before the Committee. There being NO
OBJECTION, it was adopted.
Co-Chair Torgerson advised that Amendments #1 and #2 had
been incorporated into the new committee substitute.
[Copies on File].
Following discussion between Senator Donley and Co-Chair
Torgerson, it was decided that only the bottom portion of
Amendment #3 would be offered. [Copy on File]. That
language would insert: "Must be managed in a manner that
permits the continuation of subsistence, sport hunting and
sport fishing" to the maximum extent possible.
Senator Donley MOVED to adopt that language. Senator Taylor
explained the language had not been inserted because by
listing specific activities, then others are then precluded.
He recommended that rather than listing every conceivable
match, it was the intent to remove specific designations and
merely use; "Continuation of traditional uses of the
land", leaving the category broader. He reiterated that
the language had been intentionally left generic.
Senator Donley agreed with Senator Taylor and suggested that
the concern could be addressed by adding the language:
"Including, but not limited to".
Senator Donley MOVED to WITHDRAW Amendment #3. There being
NO OBJECTION, Amendment #3 was withdrawn.
Senator Adams MOVED to adopt Amendment #4, 1-LS0072\I.2,
Luckhaupt, 3/3/99. [Copy on File]. He stated that there
are statewide municipalities which have not completely
selected their lands.
Senator Taylor countered that there are municipalities
around the State, which over the years have been precluded
from making certain selections either by the Mental Health
Trust Fund litigation or other factors. He recognized that
it is a problem. He added that he was willing to work on a
viable solution to address the concern. Senator Taylor
pointed out that Line #8 of the amendment, stipulates that
the "guts" of the bill would only take effect if each
municipality of the State was in existence on the effective
date of that section. He recommended that a percentage
number be added in order to make the selection process. He
reiterated that he was willing to work on that concern,
however, he felt that the proposed language "went too
far".
Senator Adams MOVED to WITHDRAW Amendment #4. There being
NO OBJECTION, Amendment #4 was withdrawn.
Senator Adams MOVED to adopt Amendment #5. [Copy on File].
Co-Chair Torgerson OBJECTED for the purpose of discussion.
Senator Adams stated that the amendment would clarify that
if the University did not reimburse the Department for
reasonable costs incurred in the selection, platting and
surveying of the land, the Department could not convey the
land to the University of Alaska.
Senator Taylor commented that the situation should be worked
out between the University and the Department of Natural
Resources. Senator Adams argued that the land would not be
available if that portion of the Department of Natural
Resources budget was not addressed for the current year
budget. He stressed the concerns of adequately funding the
Lands Division in FY00.
A roll call vote was taken on the motion.
IN FAVOR: Adams, Phillips, Donley
OPPOSED: Leman, Wilken, P. Kelly, Torgerson
Senator Green and Senator Parnel were not present for the
vote.
The MOTION FAILED (3-4).
DICK MYLIUS, Resource Assessment & Development, Division of
Lands, Department of Natural Resources, Anchorage,
(Testified via Teleconference) offered to answer questions
of the Committee. He pointed out that the Department had
previously testified in opposition to SB 7.
Mr. Mylius testified the Department's concerns are that the
process for identifying the 250,000 acres would be time
consuming, expensive and a contentious process. He pointed
out that the Department had difficulty in identifying land
to constitute the Mental Health Trust and that there was
much public opposition. The Department estimates that it
would cost over $1 million dollars per year to survey and
transfer that land. He reiterated that the Senate Finance
Committee in this year's proposed budget had basically
"gutted" the Division of Lands, the agency responsible to
take the lead in providing this transfer.
Senator Phillips interjected that he "took exception" to
this testimony. Co-Chair Torgerson requested that Mr.
Mylius restrict his testimony to the bill and not the
budgetary actions.
Mr. Mylius continued, the Department has concerned regarding
the impact the proposed bill would have on the
municipalities because over 600,000 acres are currently owed
to the municipalities. The same lands that the University
wants are the ones which municipalities also request. Mr.
Mylius concluded that this bill would create an uncertainty
regarding land ownership in the State of Alaska.
Senator Phillips questioned if zero dollars had been given
to the Division of Lands. Mr. Mylius replied that cuts to
the Division of Lands were approximately at 17%.
Senator Leman MOVED to report CSSB 7(FIN) out of Committee
with individual recommendation and with the accompanying
fiscal notes. There being NO OBJECTION, it was so ordered.
CSSB 7(FIN) was reported out of Committee with a "do pass"
recommendation and with fiscal notes by the Department of
Natural Resources dated 3/5/99, the University of Alaska
dated 1/22/99 and the Department of Fish and Game dated
1/29/99.
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