05/08/2019 01:00 PM House RESOURCES

                     SB  95-LAND TRANSFERS                                                                                  
                                                                                                                                
3:32:42 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR  announced that the  first order of  business would                                                               
be SENATE BILL NO. 95, "An  Act approving the transfer of certain                                                               
Alaska Railroad Corporation land;  and providing for an effective                                                               
date."                                                                                                                          
                                                                                                                                
3:33:19 PM                                                                                                                    
                                                                                                                                
SENATOR   JOHN  COGHILL,   Alaska  State   Legislature,  sponsor,                                                               
expressed his support of the forthcoming amendment to SB 95.                                                                    
                                                                                                                                
3:33:41 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR opened public testimony on SB 95.                                                                                 
                                                                                                                                
JAMES KUBITZ, Vice President, Real  Estate and Facilities, Alaska                                                               
Railroad  Corporation, stated  the Alaska  Railroad Corporation's                                                               
support for  SB 95.  He  said he doesn't have  prepared testimony                                                               
and is available to answer question.                                                                                            
                                                                                                                                
CO-CHAIR TARR  closed public testimony after  ascertaining no one                                                               
else wished to testify.                                                                                                         
                                                                                                                                
3:35:14 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
3:35:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO  moved to adopt Amendment  1, labeled 31-                                                               
LS0678\U.2, Fisher, 4/30/19, which read:                                                                                        
                                                                                                                                
     Page 1, line 1, following "Act":                                                                                         
          Insert "directing the sale of certain land to the                                                                   
     Tok Shooters Association, Inc.;"                                                                                         
                                                                                                                                
     Page 1, following line 3:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "* Section  1. The  uncodified law  of the  State of                                                                
     Alaska is amended by adding a new section to read:                                                                         
          TRANSFER OF REAL PROPERTY TO THE TOK SHOOTERS                                                                         
     ASSOCIATION,  INC.   (a)  The  Department   of  Natural                                                                    
     Resources   shall   convey    to   the   Tok   Shooters                                                                    
     Association,  Inc.,  the  surface estate  of  the  real                                                                    
     property  used  as a  shooting  range  at Tok,  Alaska,                                                                    
     located at  Mile 1323.2 of  the Alaska  Highway, within                                                                    
     the  Fairbanks Meridian,  Township 18  North, Range  11                                                                    
     East, Section 10.                                                                                                          
          (b)  In consideration for the conveyance under                                                                        
         (a) of this section, the Department of Natural                                                                         
        Resources may accept cash equivalent to the fair                                                                        
     market value of the land being conveyed.                                                                                   
          (c)  The Department of Natural Resources is                                                                           
     authorized  to take  actions  necessary  to convey  the                                                                    
     real  property described  in this  section  to the  Tok                                                                    
     Shooters   Association,   Inc.,   including   platting,                                                                    
     replatting,    surveying,   subdividing,    and   other                                                                    
     actions."                                                                                                                  
                                                                                                                                
     Page 1, line 4:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 2"                                                                                                     
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
3:35:59 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR objected to Amendment 1 for discussion purposes.                                                                  
                                                                                                                                
REPRESENTATIVE  TALERICO thanked  the sponsor  of SB  95 for  his                                                               
support of  Amendment 1.   He said the Tok  Shooters Association,                                                               
Inc.,  has operated  the shooting  range since  about 1976  via a                                                               
lease  system.   He recounted  that years  ago the  Department of                                                               
Natural Resources (DNR) wasn't comfortable  with the lease and so                                                               
did a  no-cost lease to  the Alaska  Department of Fish  and Game                                                               
(ADF&G).   Via ADF&G, he  said, the Tok Shooters  Association was                                                               
able to  lease state  land, which the  association turned  into a                                                               
well-developed  shooting range.   He  noted that  with the  lease                                                               
approaching  40   years  old  and  expiring,   the  Tok  Shooters                                                               
Association would  like to purchase  the property at  fair market                                                               
value from the State of Alaska.                                                                                                 
                                                                                                                                
REPRESENTATIVE TALERICO explained Amendment  1 would allow DNR to                                                               
convey  that   property  to  the  Tok   Shooters  Association  in                                                               
consideration of  fair market value  of the land  being conveyed.                                                               
He said the land survey by  Mathews Land Surveying, Inc., has not                                                               
yet been submitted,  but the survey was paid for  partly by ADF&G                                                               
funds and partly by the Tok  Shooters Association.  He added that                                                               
purchase  of the  land seems  to be  the best  resolution to  the                                                               
situation.  He stated that over  the years the range has supplied                                                               
the Tok Shooters  Association with a safe and  important place to                                                               
shoot, as well  as the range being utilized  for qualification of                                                               
practice by ADF&G,  U.S. Fish and Wildlife  Service, Alaska State                                                               
Troopers, and Bureau  of Land Management.  He  further noted that                                                               
hunter  safety classes  and bow  hunting  qualification are  also                                                               
done at  this range.   He  asked for  the committee's  support in                                                               
adding Amendment 1 to SB 95.                                                                                                    
                                                                                                                                
3:38:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN inquired why  DNR hasn't wanted to continue                                                               
the lease.   She further inquired as to whether  the title of the                                                               
bill will accommodate a DNR sale  of land as opposed to the title                                                               
of the bill, which is railroad transfer of land.                                                                                
                                                                                                                                
REPRESENTATIVE  TALERICO replied  he  is unsure  why DNR  doesn't                                                               
want to  continue with the lease.   He said it  seemed awkward at                                                               
the time  to do a no-cost  lease to another state  department and                                                               
the association's lease  from ADF&G is actually a  sub-lease.  He                                                               
related that  the Tok  Shooters Association,  which has  over 150                                                               
members, is anxious  to continue the range and [once  the land is                                                               
purchased] the association would be  responsible for and is ready                                                               
for all of the liability for the shooting range.                                                                                
                                                                                                                                
3:40:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN pointed  out that the title of  the bill is                                                               
railroad transfer of property.                                                                                                  
                                                                                                                                
REPRESENTATIVE  TALERICO responded  that a  Concurrent Resolution                                                               
must accompany a  bill that has a title change,  and a resolution                                                               
to accommodate  the title change  is ready  to go along  with the                                                               
bill if Amendment 1 is adopted.                                                                                                 
                                                                                                                                
REPRESENTATIVE  HANNAN asked  whether  the  committee could  hear                                                               
from the department.                                                                                                            
                                                                                                                                
CO-CHAIR  TARR   answered  that  no  individuals   from  DNR  are                                                               
available online.                                                                                                               
                                                                                                                                
REPRESENTATIVE HANNAN noted there is a DNR person in the room.                                                                  
                                                                                                                                
CO-CHAIR  TARR replied  that the  individual  is the  legislative                                                               
liaison, but is not here today to testify or provide any input.                                                                 
                                                                                                                                
3:41:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN said  she would really like  to support the                                                               
amendment, but  has a  number of  questions having  most recently                                                               
dealt with  a survey question in  a bill she is  sponsoring.  She                                                               
stated  she wants  to ensure  the survey  has been  vetted.   She                                                               
explained  she  would  like  to  know  how  many  other  shooters                                                               
associations and  shooting ranges across the  state are similarly                                                               
situated because  the Tok  Shooters Association  is not  the only                                                               
association that  has had  a relationship  with leased  land from                                                               
the state  under a zero-cost lease.   She said she  wants to know                                                               
whether this  year Tok will be  the one and then  next year there                                                               
will be a  bill for nine others,  or whether Tok is  the only one                                                               
and is  unique in  its situation.   She added  that she  wants to                                                               
understand  it more  clearly before  she votes  in support.   She                                                               
said every community  in Alaska needs a  safe, monitored shooting                                                               
range with a community buy-in.   What is being talked about here,                                                               
she continued, is not only an  emotional buy-in and support for a                                                               
community  but  also  money  changing   hands.    Therefore,  she                                                               
continued,  she wants  to understand  the potential  of how  many                                                               
other  properties  the legislature  might  be  looking at,  given                                                               
other shooters associations could want a similar remedy.                                                                        
                                                                                                                                
CO-CHAIR  TARR  responded that  there  is  a challenge  with  the                                                               
request  because the  committee doesn't  have an  individual from                                                               
DNR online and only  two more minutes to work on  this bill.  She                                                               
noted the bill would also come up  on the House floor.  She noted                                                               
she  is hearing  and seeing  confirmation from  the bill  sponsor                                                               
that  this is  a  friendly  amendment.   She  apologized for  the                                                               
unusual situation.                                                                                                              
                                                                                                                                
3:43:38 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR removed her objection to Amendment 1.                                                                             
                                                                                                                                
REPRESENTATIVE HANNAN objected.                                                                                                 
                                                                                                                                
A roll call vote was  taken.  Representatives Hopkins, Spohnholz,                                                               
Talerico,  Lincoln,  and Tarr  voted  in  favor of  Amendment  1.                                                               
Representative Hannan  voted against it.   Therefore, Amendment 1                                                               
was adopted by a vote of 5-1.                                                                                                   
                                                                                                                                
3:44:29 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR reopened public testimony on SB 95.                                                                               
                                                                                                                                
DAVE  STANCLIFF  testified he  has  been  involved with  the  Tok                                                               
Shooters Association  for 30 years  and the range was  before his                                                               
time.   Regarding why  DNR was uncomfortable  with the  lease, he                                                               
said the range has many  thousands of dollars of improvements and                                                               
has  had  some  vandalisms  and  destructions  from  parties  and                                                               
unauthorized use  of the range.   A gate  was put up,  he stated,                                                               
and  members of  the  Tok Shooters  Association  and people  with                                                               
permission can  unlock the gate  with a combination.   He related                                                               
that because it is on  public property, DNR is uncomfortable with                                                               
having the gate locked and not  having full public access.  Also,                                                               
he  continued, DNR  is  uncomfortable due  to  the liability  and                                                               
would prefer to  have the liability with the Tok  Shooters and so                                                               
the transaction makes sense from a liability standpoint.                                                                        
                                                                                                                                
3:46:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR closed public testimony  on SB 95 and announced the                                                               
bill is now before the committee.                                                                                               
                                                                                                                                
3:46:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN stated  she would like to  support the bill                                                               
on the  floor, but  she cannot unless  she gets  some information                                                               
regarding her concerns.  She related  that her family is a member                                                               
of two shooting ranges, the  Cooper Landing shooting club and the                                                               
Craig shooting  club, and she would  now go look at  their leases                                                               
to  see  if they  are  similarly  situated  as the  Tok  Shooters                                                               
Association in  being DNR and ADF&G  leases.  She opined  that if                                                               
one  range were  to  be  transferred for  zero  cost, then  other                                                               
parties would  also ask for a  similar resolution.  She  said she                                                               
is interested  in knowing  whether DNR has  only cracked  down on                                                               
Tok with  a gate  or whether  every sporting  club on  state land                                                               
across the state that has  exercised some prudent jurisdiction of                                                               
the buildings  and securing  the facilities  will be  coming into                                                               
their leases in the near future.                                                                                                
                                                                                                                                
3:47:38 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN moved  to report SB 95,  labeled 31-LS0678\U, as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the accompanying  fiscal notes.   There being no  objection, CSSB
(RES)  was  reported  out  of   the  House  Resources  Standing                                                               
Committee.