Legislature(2021 - 2022)BUTROVICH 205
04/27/2022 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB227 | |
| SB230 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 230 | TELECONFERENCED | |
| += | SB 227 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 230-TRAPPING CABINS: FEE FOR CONSTRUCTION
4:04:50 PM
CHAIR REVAK reconvened the meeting and announced the
consideration of SENATE BILL NO. 230 "An Act establishing a $25
fee to construct or use a trapping cabin on state land; and
exempting trapping cabin permittees from additional land use
fees."
CHAIR REVAK solicited a motion to adopt a committee substitute
as a working document.
4:05:23 PM
VICE CHAIR MICCICHE moved to adopt the committee substitute (CS)
for SB 230, work order 32-LS1624\B, as the working document.
4:05:41 PM
CHAIR REVAK objected for discussion purposes.
4:05:45 PM
INTIMAYO HARBISON, Staff, Senator Josh Revak, Alaska State
Legislature, Juneau, Alaska, paraphrased the explanation of
Changes from version A to version B on behalf of the committee:
[Original punctuation provided.]
SB 230 Explanation of Changes Version \A to Version \B
Page 1, Lines 1-2
Reflects a title change, to more broadly include
trapping cabins on state land, as well as the fees
associated with them.
Sec 1., Page 1, Line 14
Removes language referencing, AS 38.95.075(b),
38.95.080(f), and replaces with 38.95.080(g).
Sec 2., Page 2, Line 8
Repealed and re-enacted to allow for the construction
and use of trapping cabins on state land.
Sec 3., Page 2, Line 17
Repealed and re-enacted to clarify who qualifies for a
permit, and when the Commissioner shall issue a
permit.
Sec 4., Page 2, Line 27
Is amended to specify that the director shall
establish conditions in which a permit shall be issued
and further establishes restrictions on those
conditions established by the director.
Sec 5., Page 3, Line 25
Is amended to clarify that the state is not disposing
of land that has been permitted and that a permit does
not establish preference rights for lease or purchase.
Sec 6., Page 4, Line 4
Adds a new subsection establishing that the director
may issue multiple permits for the use of a trapping
cabin if current permit holders agree. Further
clarifies that the department may not charge
additional fees for use or construction of a trapping
cabin under this section.
Sec 7., Page 4 Line 10
Amended to clarify definitions.
Sec 8., Page 4, Line 17
Repeals AS 38.95.075
4:08:38 PM
SENATOR KIEHL referred to AS 38.95.080(a), which is repealed and
reenacted in Version B. He expressed concern that it does away
with the requirement that the person have an established
trapline that they use regularly. He acknowledged that the
language may have been relocated within the bill.
MR. HARBISON offered his belief that it was still within bill.
He directed attention to Sec. 3. AS 38.95.080(b)(3)(A), which
read:
(3) provides proof acceptable to the commissioner
that the person
(A) has an established trapline of sufficient
length to justify the need for cabin construction or
use; and
4:09:53 PM
CHRISTY COLLES, Chief of Operations, Division of Mining, Land,
and Water, Department of Natural Resources, Anchorage, Alaska,
stated that the requirement to provide proof that a trapline is
of sufficient length to justify the need for a cabin is in
regulation. She noted that the division works with the Alaska
Department of Fish and Game (ADF&G) on the parameters. She said
the language cited provides the authority for the division to
acquire the information needed.
SENATOR KIEHL asked if this is drafted such that an application
must meet subparagraphs (A) and (B) to be permitted.
MS. COLLES replied yes, both would be needed.
4:11:14 PM
SENATOR KIEHL referred to Sec. 8. AS 38.95.075, which is
repealed. He asked whether that referred to the old trapping
cabins, pre-1984 to 1986. He recalled that only a few of those
cabins remained. He wondered what would happen to those cabins
by repealing that provision.
MS. COLLES answered that when a statute is repealed, the
department would continue the authorization until the statute
expires. Once it is expired, the department would authorize it
under AS 38.95.080. AS 38.95.075 is the oldest statute and it is
difficult to administer because there are cabins on state land
are not owned by anyone, or the owners would like someone else
to use them. The department doesn't have a way to authorize the
existing cabin because the parameters in AS 38.95.075 are so
restrictive. The department believes that repealing the old
statute will give the department flexibility to authorize the
existing cabins under AS 38.95.080.
4:12:56 PM
SENATOR KIEHL asked whether the cabins authorized under AS
38.95.080 would be subject to size limits.
MS. COLLES answered yes, they would be subject to size
requirements, but most of these cabins are not above the allowed
square footage. She said she had not seen this issue arise thus
far.
4:13:51 PM
SENATOR KIEHL commented that he hoped that the pre-1984 cabins
would be sufficiently grandfathered.
CHAIR REVAK answered that is certainly the committee's intent.
MS. COLLES said it also reflects the department's intent. DNR
has no desire to take away people's trapping cabins. She said
she was unaware of any cabins that do not meet the size
requirements.
4:15:06 PM
At ease
4:16:01 PM
CHAIR REVAK reconvened the meeting, stating that the Senate
Resources Standing Committee has clarified that the intention is
to grandfather in those cabins. He said he would work on that
issue with the Senate Finance Committee, the next committee of
referral.
CHAIR REVAK removed his objection; he found no further
objection, and the committee substitute (CS) for SB 230, Version
B, was adopted as the working document.
4:17:08 PM
SENATOR MICCICHE moved to report the committee substitute (CS)
for SB 230, work order 32-LS1624\B, from committee with
individual recommendations and attached fiscal note(s).
CHAIR REVAK found no objection, and CSSB 230(RES) was reported
from the Senate Resources Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 230 Department Response to Committee, Chart of DMLW Cabin Programs.pdf |
SRES 4/27/2022 3:30:00 PM |
SB 230 |
| SB 230 Explanation of Changes Version A to Version B.pdf |
SRES 4/27/2022 3:30:00 PM |
SB 230 |
| SB 230 Department Response to Committee, Examples of Permitted Trapping Cabins.pdf |
SRES 4/27/2022 3:30:00 PM |
SB 230 |
| SB 230 B.pdf |
SRES 4/27/2022 3:30:00 PM |
SB 230 |
| SB 227 Explanation of Changes Version B to Version I.pdf |
SRES 4/27/2022 3:30:00 PM |
SB 227 |
| SB 227 I.pdf |
SRES 4/27/2022 3:30:00 PM |
SB 227 |