Legislature(2023 - 2024)ADAMS 519

05/14/2024 09:00 AM House FINANCE

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed from 5/13/24 --
+ SB 151 MISSING/MURDERED INDIGENOUS PEOPLE;REPORT TELECONFERENCED
Moved CSSB 151(FIN) Out of Committee
+ SB 183 WORKERS' COMP BENEFITS GUARANTY FUND TELECONFERENCED
Moved SB 183 Out of Committee
+= SB 34 CITIZEN ADVISORY COMM ON FEDERAL AREAS TELECONFERENCED
Moved HCS CSSB 34(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
CS FOR SENATE BILL NO. 34(FIN)                                                                                                
                                                                                                                                
     "An   Act   reestablishing   the   Citizens'   Advisory                                                                    
     Commission  on  Federal  Management  Areas  in  Alaska;                                                                    
     relating to the membership  and duties of the Citizens'                                                                    
     Advisory  Commission  on  Federal Management  Areas  in                                                                    
     Alaska; relating to the authority  of the Department of                                                                    
     Natural  Resources  regarding  the  Citizens'  Advisory                                                                    
     Commission on  Federal Management Areas in  Alaska; and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
9:21:56 AM                                                                                                                    
                                                                                                                                
Co-Chair Foster  asked for  a review of  the bill.  He noted                                                                    
the committee  had heard the  bill several times  during the                                                                    
previous and current sessions.                                                                                                  
                                                                                                                                
SENATOR  JAMES KAUFMAN,  SPONSOR,  explained  that the  bill                                                                    
would  reestablish  the   Citizens  Advisory  Commission  on                                                                    
Federal Management Areas (CACFA).  The commission's role was                                                                    
to  represent  the  views  of  Alaskan  citizens  concerning                                                                    
federal land management plans within the state.                                                                                 
                                                                                                                                
Co-Chair Foster  noted that he  had two amendments  to offer                                                                    
based on input from some statewide organizations.                                                                               
                                                                                                                                
Co-Chair Foster  MOVED to  ADOPT Amendment  1, 33-LS0250\S.1                                                                    
(Gunther, 5/8/24) (copy on file):                                                                                               
                                                                                                                                
     Page 2, lines 11 - 12:                                                                                                     
     Delete "a federally recognized tribe and at least one                                                                      
     other member must be a shareholder of"                                                                                     
                                                                                                                                
     Insert "and represent a federally recognized tribe. At                                                                     
     least one other member must be a shareholder of and                                                                        
     represent"                                                                                                                 
                                                                                                                                
Representative Stapp OBJECTED for discussion.                                                                                   
                                                                                                                                
Co-Chair Foster  asked his  staff to come  to the  table. He                                                                    
explained  the  amendment  pertained  to two  seats  on  the                                                                    
commission. The bill  specified that one member was  to be a                                                                    
member  of  a  tribal  organization  and one  was  to  be  a                                                                    
shareholder. He  referenced his comment  at a  prior hearing                                                                    
on  the  bill  that  [under  the  bill's  current  language]                                                                    
someone  could  be  tribal  member  living  in  Florida  [or                                                                    
elsewhere out  of state]. For  example, he had  brothers who                                                                    
lived  in  the State  of  Washington  who were  both  tribal                                                                    
members and shareholders who could  technically serve on the                                                                    
commission.  He was  looking  to ensure  the  seat would  be                                                                    
filled  by someone  who was  clearly a  representative of  a                                                                    
tribe or  Native corporation. He  asked for  further details                                                                    
from his staff.                                                                                                                 
                                                                                                                                
PAUL LABOLLE, STAFF, REPRESENTATIVE  NEAL FOSTER, noted that                                                                    
the only  change made by  the amendment was the  addition of                                                                    
the  term  "and  represent."  He   explained  the  term  was                                                                    
intended to mean "to act on behalf of."                                                                                         
                                                                                                                                
Co-Chair Foster did not want  to be overly prescriptive. The                                                                    
intent  of the  amendment was  to  have the  seat filled  by                                                                    
someone for  example who was the  external affairs director,                                                                    
governmental  affairs  director,  CEO, or  president  [of  a                                                                    
federally recognized tribe]. He asked  to hear from the bill                                                                    
sponsor to ensure he was amenable to the amendment.                                                                             
                                                                                                                                
Senator Kaufman relayed  that he was very  supportive of the                                                                    
amendment. He detailed that the  amendment was reflective of                                                                    
the work his  office had done to improve  the geographic and                                                                    
cultural representation of the board.                                                                                           
                                                                                                                                
Co-Chair Foster noted that his  office had also checked with                                                                    
the Alaska Federation of Natives (AFN).                                                                                         
                                                                                                                                
Representative Stapp WITHDREW the OBJECTION.                                                                                    
                                                                                                                                
There being NO further OBJECTION, Amendment 1 was ADOPTED.                                                                      
                                                                                                                                
9:26:04 AM                                                                                                                    
                                                                                                                                
Co-Chair Foster  MOVED to  ADOPT Amendment  2, 33-LS0250\S.3                                                                    
(Gunther, 5/9/24) (copy on file):                                                                                               
                                                                                                                                
     Page 2, line 14:                                                                                                           
     Delete "a new subsection"                                                                                                  
     Insert "new subsections"                                                                                                   
                                                                                                                                
     Page 2, following line 16:                                                                                                 
     Insert a new subsection to read:                                                                                           
     "G) Notwithstanding another  provision of this section,                                                                    
     the  commission may  not  consider,  research, or  hold                                                                    
     hearings  relating  to  public  use  on  private  land,                                                                    
     including a highway with an  easement onto private land                                                                    
     or onto public  land reserved for private  use. In this                                                                    
     subsection,  "highway"  has  the meaning  given  in  AS                                                                    
     19.59.001."                                                                                                                
                                                                                                                                
Representative Stapp OBJECTED for discussion.                                                                                   
                                                                                                                                
Co-Chair Foster explained  that some statewide organizations                                                                    
had   indicated   concern   that  the   bill   could   allow                                                                    
grandfathered trails to go over  private lands. For example,                                                                    
Alaska Native  Corporations owned large parts  of the state.                                                                    
The  entities  wanted to  make  sure  that  if there  was  a                                                                    
grandfathered trail, the bill would  not allow someone to go                                                                    
over private  lands. It would  also apply to  individuals as                                                                    
well. For example, if someone  had a farm somewhere that had                                                                    
a grandfathered trail,  it would not allow  just anyone from                                                                    
the public  to trespass over individual  landowners' private                                                                    
land.                                                                                                                           
                                                                                                                                
Mr.  Labolle noted  the amendment  included the  terminology                                                                    
"or  onto   public  land  reserved  for   private  use."  He                                                                    
explained that the language captured  tribal land, which was                                                                    
technically federal land held in trust.                                                                                         
                                                                                                                                
Co-Chair Foster asked  the bill sponsor for  any comments on                                                                    
the amendment.                                                                                                                  
                                                                                                                                
Senator  Kaufman believed  CACFA's  scope was  clear in  the                                                                    
bill as  currently written, but  he understood  the concerns                                                                    
and deferred to the will of the committee.                                                                                      
                                                                                                                                
Representative  Stapp  looked   at  the  amendment  language                                                                    
"including a  highway with an  easement onto  private land."                                                                    
He  thought it  seemed to  mean a  lot of  things. He  noted                                                                    
there were  many easements  on state  highways. He  asked if                                                                    
the  language meant  any  conversation  would be  disallowed                                                                    
just because easements ran through public highways.                                                                             
                                                                                                                                
Mr. Labolle answered that the  word "highway" was as defined                                                                    
in  statute.  He explained  the  language  was intending  to                                                                    
capture RS 2477s.                                                                                                               
                                                                                                                                
Representative Stapp WITHDREW the OBJECTION.                                                                                    
                                                                                                                                
There being NO further OBJECTION, Amendment 2 was ADOPTED.                                                                      
                                                                                                                                
Co-Chair Foster  reported that no other  amendments had been                                                                    
received. The  committee had previously reviewed  the fiscal                                                                    
note and taken public testimony.                                                                                                
                                                                                                                                
Co-Chair  Edgmon stated  he certainly  would  not object  to                                                                    
moving  the bill  from  committee. He  relayed  there was  a                                                                    
proven element to the commission  because he had been at the                                                                    
table a  number of years back  when it had been  decided the                                                                    
commission was not  needed per the cost at the  time and the                                                                    
duties of  the executive  director. He hoped  that 10  to 12                                                                    
years  later  that  with  a renewed  sense  of  purpose  the                                                                    
commission could  reestablish itself  and not return  to the                                                                    
point  where  there  were questions  about  its  germaneness                                                                    
given the amount of money to be spent on it annually.                                                                           
                                                                                                                                
Co-Chair Johnson  MOVED to  REPORT HCS  CSSB 34(FIN)  out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal note.                                                                                                       
                                                                                                                                
9:31:05 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:31:29 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Johnson restated her motion.                                                                                           
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
HCS CSSB  34(FIN) was  REPORTED out  of committee  with five                                                                    
"do   pass"   recommendations,  four   "no   recommendation"                                                                    
recommendations,  and one  "amend"  recommendation and  with                                                                    
one new  fiscal impact note  from the Department  of Natural                                                                    
Resources.                                                                                                                      
                                                                                                                                
Co-Chair Foster  noted the committee would  give Legislative                                                                    
Legal Services the ability to  make technical and conforming                                                                    
changes when  incorporating the two amendments  to the bill.                                                                    
He thanked the bill sponsor.                                                                                                    
                                                                                                                                
Senator Kaufman thanked the committee.                                                                                          
                                                                                                                                

Document Name Date/Time Subjects
HB 275 Public Testimony Rec'd by 051424.pdf HFIN 5/14/2024 9:00:00 AM
HB 275
SB151 Public Testimony Rec'd by 051424.pdf HFIN 5/14/2024 9:00:00 AM
SB 151