Legislature(2005 - 2006)

05/06/2005 06:21 PM House FIN


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CS FOR SENATE BILL NO. 142(L&C)                                                                                               
                                                                                                                                
     "An Act relating to ownership of land by regional                                                                          
     school boards; and providing for an effective date."                                                                       
                                                                                                                                
JANE ALBERTS, STAFF,  SENATOR CON BUNDE, related  that SB 142                                                                   
excludes  airport  properties  from  AS  14.08.151(b),  which                                                                   
directs the state  to convey title to lands  used in relation                                                                   
to  regional   educational  attendance  area   schools,  when                                                                   
requested  to  do  so  by the  regional  school  board.    It                                                                   
resolves a conflict between AS  02.15.020, which requires the                                                                   
Department of Transportation and  Public Facilities to retain                                                                   
"satisfactory  property interest"  in  airport facilities  in                                                                   
order  to  participate  in federal  grant  programs,  and  AS                                                                   
14.08.151,   which   gives   regional   school   boards   the                                                                   
opportunity to  obtain title to land/structures  for regional                                                                   
educational  attendance area  (REAA) schools.   It saves  the                                                                   
Departments  of Transportation  and  Education time,  effort,                                                                   
and money  needed to settle  conflicting claims.   It ensures                                                                   
that  DOT&PF   will  be   able  to   meet  Federal   Aviation                                                                   
Administration (FAA) requirements  and obtain federal funding                                                                   
for airport  projects in  REAAs, and  it conforms statute  to                                                                   
legislative intent.                                                                                                             
                                                                                                                                
6:25:17 PM                                                                                                                    
                                                                                                                                
Representative  Hawker commented  on  the encroachment  issue                                                                   
with  an exemption  for  schools.    He asked  about  highway                                                                   
right-of-way issues.                                                                                                            
                                                                                                                                
NONA    WILSON,    LEGISLATIVE   LIAISON,    DEPARTMENT    OF                                                                   
TRANSPORTATION  AND  PUBLIC FACILITIES,  responded  that  the                                                                   
bill does  not require  a school  to return  any of  the land                                                                   
that they  are now on.   It establishes future  protection of                                                                   
the safety  of the runway and  the airport.   The legislation                                                                   
does  not intend  to force  the state  to compromise  federal                                                                   
funding.                                                                                                                        
                                                                                                                                
6:27:11 PM                                                                                                                    
                                                                                                                                
Representative Hawker asked why  the state would want to give                                                                   
up the ability  to support schools  as a real priority.   Ms.                                                                   
Wilson replied  that school boards are not  being challenged.                                                                   
They  can build  away  from  the building  restriction  line.                                                                   
Airport  land is  some  of the  best  land  and some  schools                                                                   
currently abut the runway.                                                                                                      
                                                                                                                                
6:28:05 PM                                                                                                                    
                                                                                                                                
Representative  Hawker commented  that there  seems to  be an                                                                   
inconsistency  with  how  schools are  treated,  compared  to                                                                   
churches, on state land.                                                                                                        
                                                                                                                                
Representative Joule  inquired if there is an  appeal process                                                                   
in this legislation.                                                                                                            
                                                                                                                                
6:29:29 PM                                                                                                                    
                                                                                                                                
Ms.  Wilson replied  that the  department would  work with  a                                                                   
school board in  that case.  The department is  not trying to                                                                   
hinder  any  schools,  just prevent  encroaching  on  airport                                                                   
land.                                                                                                                           
                                                                                                                                
Representative Joule  stated his support  for the bill.   Ms.                                                                   
Wilson referred to  a map and explained how it  is related to                                                                   
the bill.                                                                                                                       
                                                                                                                                
6:31:32 PM                                                                                                                    
                                                                                                                                
PAM LEWIS,  DIVISION AVIATION,  DEPARTMENT OF  TRANSPORTATION                                                                   
AND PUBLIC FACILITIES,  added that the bill will  let the FAA                                                                   
know that DOT has title to the  land.  The intent of the bill                                                                   
is not to dislocate schools, just clean up statute.                                                                             
                                                                                                                                
Co-Chair Meyer set SB 142 aside.                                                                                                
                                                                                                                                
6:33:22 PM                                                                                                                    
                                                                                                                                
CS FOR SENATE BILL NO. 142(L&C)                                                                                               
                                                                                                                                
     "An Act relating to ownership of land by regional                                                                          
     school boards; and providing for an effective date."                                                                       
                                                                                                                                
Representative  Hawker surmised that  the State of  Alaska is                                                                   
deferring  to  federal  regulations.     He  spoke  to  state                                                                   
primacy.  He stated that it is a shortsighted approach.                                                                         
                                                                                                                                
7:09:28 PM                                                                                                                    
                                                                                                                                
Ms.  Wilson  commented  that  there  is  actual  housing  and                                                                   
schools on airport  property.  The bill only  states that the                                                                   
title to the land cannot be granted.                                                                                            
                                                                                                                                
7:10:37 PM                                                                                                                    
                                                                                                                                
Representative Foster  MOVED to report CSSB 142  (L&C) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CSSB  142 (L&C)  was REPORTED  out  of Committee  with a  "no                                                                   
recommendation"  recommendation  and  with  two  zero  fiscal                                                                   
impact notes: #1 EED, and #2 DOT.                                                                                               
                                                                                                                                
Representative Foster observed  that in his district villages                                                                   
are in close proximity to airport property.                                                                                     
                                                                                                                                
7:12:34 PM                                                                                                                    
                                                                                                                                

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