02/23/1998 03:40 PM Senate RES

             SB 180 - STATE RIGHTS-OF-WAY: R.S. 2477                           
                                                                               
CHAIRMAN HALFORD announced SB 180 to be up for consideration.  He              
noted a proposed committee substitute that deals with a number of              
concerns brought up in the first hearing.  One is a new Section One            
which is findings and intent dealing with how R.S. 2477s are                   
managed and what happens in terms of location.  A dog sled trail               
has a lot less impact than a highway, for instance.  He reviewed a             
number of other corrections and changes.                                       
                                                                               
SENATOR LEMAN asked if they had decided to not insert "or a                    
municipal corporation with transportation powers" into section two             
on page 2, line 6.                                                             
                                                                               
MR. BRETT HUBER, Staff to Senator Halford, said he understands that            
these R.S. 2477s are the State's rights-of-way.  That's why they               
are only dealing with the Department of Transportation and Public              
Facilities.  It's in the DNR until they decide to bring it into a              
part of the State highway system.                                              
                                                                               
SENATOR LEMAN said there was another question about the "public"               
having a right-of-way instead of the "State" on page 2, line 17.               
                                                                               
SENATOR GREEN moved to adopt the committee substitute, Luckhaupt               
2/19/98 0817\F,  to SB 180.  There were no objections and it was so            
ordered.                                                                       
                                                                               
SENATOR LEMAN moved to adopt amendment #1 which would delete the               
word "State" and insert "public" on page 2, line 17.  There were no            
objections and it was so ordered.                                              
                                                                               
SENATOR LEMAN asked staff to check the spelling of some of the                 
place names.                                                                   
                                                                               
MR. HUBER said that he had checked the spelling with the RST g                 
atlas.                                                                         
                                                                               
CHAIRMAN HALFORD announced a two minute at-ease at 4:20 p.m.                   
                                                                               
SENATOR SHARP moved to pass CSSB 180(RES) from committee with                  
individual recommendations.  There were no objections and it was so            
ordered.                                                                       
                                                                               
CHAIRMAN HALFORD noted that they did not include the limitation on             
conservation easements that was discussed because there wasn't any             
language from the Department of Transportaion and Public Facilities            
or the Department of Law that worked.  He had no objection to                  
adding the correct language.