Legislature(1997 - 1998)
02/09/1998 01:33 PM Senate CRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 204 - STATE LAND FOR MUNICIP. SPORT FACILITIES
CHAIRMAN MACKIE called the Senate Community & Regional Affairs
Committee meeting to order at 1:33 p.m., and noted all members were
present. He then brought SB 204 before the committee as the first
order of business.
SENATOR TAYLOR, prime sponsor of SB 204, said the legislation
provides for recreational and sports facilities in communities and
it offers them an alternative to finding other activities for the
young people. He said that our youth are too often left unattended
after school, at night, and on weekends with little to do. If
there are facilities to use, kids, and adults as well, are less
likely to become involved in those other activities.
SB 204 proposes to give state land to municipalities for the
purpose of using them for sports and recreational facilities. The
legislation will grant land to local governments, but the grant
will not count against the local government's entitlement. Senator
Taylor said the feasibility of developing these facilities will be
economically enhanced through this process, and he thinks the
legislation is a way of the Legislature sending a message that it
is willing to participate and help in the development of these
recreational facilities and activities.
Senator Taylor directed attention to a proposed amendment to the
bill which would address reversionary interest concerns raised by
the Department of Natural Resources in their fiscal note. He
clarified that the amendment says that if the land is not utilized
for the intended purpose it reverts back to the ownership of the
state unless it has been traded for private land.
Number 054
SENATOR PHILLIPS asked if this legislation would prevent leasing of
the land, and SENATOR TAYLOR responded that the legislation would
not prevent the municipalities in any way from leasing the land out
for sports and recreational facilities.
Number 072
SENATOR WILKEN commented that he thinks this is a good idea but he
wondered if maybe it wouldn't be a good idea to get a sense of what
is going to be done with the land before granting it to a local
government. SENATOR TAYLOR replied the legislation limits this to
solely recreational activities with the intent that it provide for
youth activities. He added that he thinks it should be up to the
community to make the decision on what is the best use for the
land.
Number 125
DOUG RUSSELL, President of the Prince of Wales Sportsmen's Club
testified via teleconference from Klawock in support of SB 204.
Mr. Russell said his group is trying to acquire some property to
build a shooting range for Prince of Wales Island. This is
something they have tried to do in the past, but most of the land
near the Craig/Klawock area is either Native owned or federally
owned. There is a section of state land in the Control Lake area
which is approximately 720 acres, and if SB 204 goes forward, they
would try to acquire some of that property to build a shooting
range. This could also incorporate other types of family-oriented
activities such as canoeing, kyaking, and various winter sports.
Number 175
CHAIRMAN MACKIE asked if these facilities would be funded through
private donations and other programs that are available for sports
groups. MR. RUSSELL acknowledged that was correct. He also
acknowledged that his group would have liability insurance through
their affiliation with the National Rifle Association.
CHAIRMAN MACKIE asked Mr. Russell if he has had any discussions
with any municipalities on Prince Wales Island on this particular
approach because the legislation would allow for a grant to a
municipality. MR. RUSSELL said he has talked to the Municipality
of Craig and was told to go forward and they would help out as best
they can. They have not had any positive results in trying to
secure privately-owned Native land, and no attempt has been made to
move forward with federally-owned land.
Number 212
SENATOR PHILLIPS noted that in the early 1960s, the Eagle River
Lions Club negotiated a 50-year lease for a 40-acre section of
state land, and he asked if the sportsmrn's group has ever had
discussion with DNR about leasing state land MR. RUSSELL replied
that he hadn't contacted DNR until just recently when he spoke to
Andy Pekovich who felt pretty positive if the group can get the
City of Craig to sponsor them.
Number 250
DICK MYLIUS, Chief of the Resource Assessment & Development section
in the Division of Land, Department of Natural Resources, stated
DNR is unsure as to whether or not SB 204 is needed because they
can already convey lands to municipalities under existing statute,
and that's even if they don't have a remaining municipal
entitlement.
Mr. Mylius related the department has concerns with some provisions
in the bill although Senator Taylor has prepared an amendment
relating to how the reversionary clauses would apply to a land
exchange. However, there is no provision in the bill for making
exceptions for the reversionary clause as is provided for in
current statute.
Another concern is that the bill mandates that sport or
recreational facilities be built within four years after the grant,
but DNR has avoided getting into being the land police to make sure
that municipalities follow through in specific time frames. The
department believes that with that strict of a provision in the
bill, it might necessitate coming back to ask for exceptions or
having to take back title to the land even though a project is
likely to be built.
Concluding his comments, Mr. Mylius said the department has no
objection to giving lands to municipalities for public recreational
facilities, but they think that can be done under existing
statutes. He questioned if there is a specific problem that this
bill was designed to address.
Number 300
MEL KROGSENG, staff to Senator Taylor, said what is different about
SB 204 from the existing statute that Senator Taylor wanted to try
to impart is that the legislation is also an encouragement for the
municipalities to pursue the development of sports and recreational
facilities in the communities. It is a good alternative to crime
and some of the other activities that young people, as well as
adults, get involved in because in many of the communities there
isn't a whole lot to do.
Ms. Krogseng said the point of leaving the reversionary interest in
place is so that it wont' count against the entitlement, and the
requirement that these facilities be built within a four-year time
period was put in so that these projects will move forward. The
trade provision was put into the bill because in some cases there
may be another piece of land that is more suitable for a particular
project.
Ms. Krogseng noted there was concern raised on the fiscal note
about the reversionary interest remaining with the state, however,
the proposed amendment would correct that problem.
Ms. Krogseng said it is her understanding from talking with Jane
Angvik of DNR that when the municipalities submit an application
they have an idea already in mind for a specific type of facility
that they want to develop.
Number 327
SENATOR WILKEN asked Mr. Mylius if when DNR does a land grant like
this under current law, does it still count against the
entitlement. MR. MYLIUS responded it would count against a
municipality's entitlement if it still had an outstanding
entitlement. SENATOR WILKEN noted that the sponsor's statement
says that SB 204 would take it outside the entitlement, but that it
is not specifically addressed within the bill. MR. MYLIUS agreed,
and he said he thought it should be added into the bill. MS.
KROGSENG related that she spoke to the drafter of the bill and
specifically asked if that language needed to be in the bill, but
she was told that because the bill has the language "the
commissioner shall retain a reversionary interest on each grant..."
it cannot count against their entitlement. SENATOR WILKEN
suggested that to make it clear, that language should be part of
the bill.
Number 378
SENATOR PHILLIPS asked Mr. Mylius if he thought this should be
limited to a certain amount of acres, or should it just be taken
case by case. MR. MYLIUS answered that he didn't think there would
have to be a specific acreage figure in the bill. Currently, land
grants are usually done on a case-by-case basis.
CHAIRMAN MACKIE requested a motion to adopt Senator Taylor's
proposed amendment.
SENATOR WILKEN moved the adoption of the following Amendment No. 1
to SB 204. Hearing no objection, the Chairman stated the amendment
was adopted and would be incorporated into a C&RA committee
substitute.
Amendment No. 1
Page 1, lines 8 - 9: Delete "The commissioner shall retain a
reversionary interest on each grant of land under this subsection."
Page 1, line 11, following "structure." insert: "The commissioner
shall retain a reversionary interest on each grant of land under
this subsection, but if that land is traded for other land, the
commissioner may release the reversionary interest on the granted
land when the commissioner receives a reversionary interest on the
land received in trade."
SENATOR WILKEN moved a conceptual amendment that the land grants
provided for in SB 204 would not count against municipal
entitlements. Hearing no objection, the Chairman stated the
conceptual amendment was adopted.
Number 410
KEVIN RITCHIE, Executive Director, Alaska Municipal League,
testified that the League's land and resources committee discussed
the bill and they endorse any kind of partnership between the state
and municipalities.
Number 422
SENATOR WILKEN moved CSSB 204 be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
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