Legislature(2023 - 2024)ADAMS 519

05/04/2023 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 5/5/23 at 9:30 am --
+= SB 25 REPEALING FUNDS, ACCOUNTS, AND PROGRAMS TELECONFERENCED
Moved Out of Committee
-- Public Testimony --
+= HB 125 TRAPPING CABINS ON STATE LAND TELECONFERENCED
Moved CSHB 125(RES) Out of Committee
-- Public Testimony --
+ HB 81 VEHICLES/BOATS: TRANSFER ON DEATH TITLE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 98 AK PERM FUND CORP. & PCE ENDOWMENT FUND TELECONFERENCED
Moved Out of Committee
+= HB 38 APPROPRIATION LIMIT; GOV BUDGET TELECONFERENCED
Heard & Held
HOUSE BILL NO. 125                                                                                                            
                                                                                                                                
     "An Act relating to trapping cabins on state land; and                                                                     
     relating to trapping cabin permit fees."                                                                                   
                                                                                                                                
2:40:44 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster asked the bills   sponsor to provide a brief                                                                    
recap.                                                                                                                          
                                                                                                                                
2:41:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TOM  MCKAY, SPONSOR, gave a  brief summary of                                                                    
the bill. He thanked the  committee for the prior discussion                                                                    
on the  bill and  asked for  members  support.  He commented                                                                    
that the  legislation provided  common sense   reform to the                                                                    
current  statutes  related  to Trapping  Cabin  Construction                                                                    
Permits (TCCP).                                                                                                                 
                                                                                                                                
2:41:57 PM                                                                                                                    
                                                                                                                                
TREVOR  JEPSEN,  STAFF,   REPRESENTATIVE  MCKAY,  offered  a                                                                    
PowerPoint  Presentation titled  "HB  125 Highlights"  dated                                                                    
April 27, 2023  (copy on file). He turned t0  slide 2 titled                                                                    
 Trapping Cabin Permit Process:                                                                                                 
                                                                                                                                
     Trapping cabin permits currently issued under two                                                                          
     statutes:                                                                                                                  
                                                                                                                                
          AS 38.95.075 Permits for the Use of Trapping                                                                          
          Cabins                                                                                                                
                                                                                                                                
          AS 38.95.080 Trapping Cabin Construction Permits                                                                      
                                                                                                                                
     Statutes create unnecessary confusion in permitting                                                                        
     process and restricts DNR from permitting cabins under                                                                     
     certain scenarios.                                                                                                         
                                                                                                                                
Mr.   Jepsen  elaborated   that  the   bill  combined   both                                                                    
authorization types under one  statute. He discussed slide 3                                                                    
titled   AS 38.95.075     Permits for  the  Use of  Trapping                                                                    
Cabins:                                                                                                                         
                                                                                                                                
     AS 38.95.075 states how the DNR issues permits for                                                                         
     cabins that already exist.                                                                                                 
                                                                                                                                
     Issue arises with cabins that have lapsed in                                                                               
     ownership/use or have been abandoned.                                                                                      
                                                                                                                                
     DNR unable to issues new trapping cabin permits in                                                                         
     these scenarios.                                                                                                           
                                                                                                                                
Mr.  Jepsen continued  that under  the current  statute, the                                                                    
Department of  Natural Resources (DNR) was  unable to permit                                                                    
many existing  cabins on state  land due to  the restrictive                                                                    
language of AS 38.95.075, which  required proof of use of an                                                                    
existing cabin prior to August 1,  1984. He moved to slide 4                                                                    
titled    AS  38.95.080       Trapping  Cabin   Construction                                                                    
Permits:                                                                                                                        
                                                                                                                                
   AS 38.95.080 authorizes the DNR issues permits for the                                                                       
   construction of new trapping cabins.                                                                                         
                                                                                                                                
     1. The person  must have  an established  trapline with                                                                  
        proof of regular use;                                                                                                   
                                                                                                                                
     2. The person must have a trapline of sufficient length                                                                  
        to justify the need for cabin construction.                                                                             
                                                                                                                                
   38.95.080   also   outlines   responsibilities   of   the                                                                    
   department and additional requirements and restrictions                                                                      
   for trapping cabin construction permits.                                                                                     
                                                                                                                                
Mr.   Jepsen  delineated   that  the   bill  combined   both                                                                    
authorization  types   under  one  statute   providing  more                                                                    
consistency and clarity. He reviewed  slide 5 titled  HB 125                                                                    
Highlights:                                                                                                                     
                                                                                                                                
     HB   125   revises   AS   38.95.080   (Trapping   Cabin                                                                    
     Construction  Permits) to  include  all trapping  cabin                                                                    
     permit  situations and  repeals  AS 38.95.075  (Permits                                                                    
     for the Use of Trapping Cabins)                                                                                            
                                                                                                                                
     Allows  the  DNR to  permit  existing  cabins on  state                                                                    
     lands.                                                                                                                     
                                                                                                                                
     Updates application  fee schedule and sets  all related                                                                    
     fees in statute.                                                                                                           
                                                                                                                                
     Provides  further  clarity  than  current  statute  for                                                                    
     issuing trapping cabin permits.                                                                                            
                                                                                                                                
     HB 125 was the result  of the House Resources Committee                                                                    
     working with DNR and the Alaska Trappers Association.                                                                      
                                                                                                                                
Mr. Jepsen  pointed out  that HB 125  allowed DNR  to permit                                                                    
existing  cabins   on  state  lands  for   trapping  if  the                                                                    
applicant  did  not build  a  cabin  without permission  and                                                                    
demonstrated  that  they  actively   used  a  trapline  that                                                                    
necessitated  the use  of a  cabin for  safety purposes.  He                                                                    
emphasized that the  bill did not grant  exclusive rights to                                                                    
existing  cabins   and  the  department  could   also  issue                                                                    
multiple  permits  for  the  same  cabin.  The  permits  for                                                                    
existing  and new  cabins  do not  represent  a disposal  of                                                                    
interest or granted  preference rights to a  future lease or                                                                    
purchase of  land. In  addition, the  cabins must  solely be                                                                    
used for  trapping activities, were  for seasonal  use only,                                                                    
and a permittee  was prohibited from residing  in a trapping                                                                    
cabin.  The department  may not  impose additional  land use                                                                    
fees.                                                                                                                           
                                                                                                                                
2:44:36 PM                                                                                                                    
                                                                                                                                
Representative  Josephson   asked  how  many   total  cabins                                                                    
currently existed.  MR. Jepsen  answered that there  were 83                                                                    
active trapping  cabins and believed  that more  existed. He                                                                    
deferred to DNR for further answer.                                                                                             
                                                                                                                                
2:45:14 PM                                                                                                                    
                                                                                                                                
MEGAN  HILLGARTNER, NATURAL  RESOURCE  MANAGER, DIVISION  OF                                                                    
MINING,  LAND AND  WATER,  DEPARTMENT  OF NATURAL  RESOURCES                                                                    
(via  teleconference), responded  that there  were currently                                                                    
83  permitted  cabins  and  12  were  pre-statehood  cabins.                                                                    
Representative   Josephson   asked   how   many   would   be                                                                    
grandfathered in  under HB 125.  Ms. Hillgartner  asked what                                                                    
Representative   Josephson  meant   by  grandfathered.   She                                                                    
wondered whether he  meant how many cabins would  be able to                                                                    
be  permitted under  the proposal.  Representative Josephson                                                                    
responded  in the  affirmative  and added  that  it was  his                                                                    
understanding  that additional  cabins would  be added  that                                                                    
DNR was not aware of.  Ms. Hillgartner responded that the 83                                                                    
cabins were currently permitted.  Currently, there was not a                                                                    
way  to  know  how  many  trappers would  want  to  use  the                                                                    
existing  cabins.  Representative  Josephson  asked  if  the                                                                    
cabins were not available  to a non-trapper for recreational                                                                    
use. Mr. Jepsen responded in  the affirmative and noted that                                                                    
the  trapper would  also have  to  prove a  specific set  of                                                                    
criteria including  proof of an  existing trapline  and that                                                                    
it necessitated use of a cabin.                                                                                                 
                                                                                                                                
Co-Chair Foster moved to the discussion of the fiscal note.                                                                     
                                                                                                                                
2:47:55 PM                                                                                                                    
                                                                                                                                
Ms. Hillgartner  reviewed the fiscal impact  fiscal note FN1                                                                    
(DNR). She  pointed to  the control  code ggCOj  prepared on                                                                    
03/24/2023.  She   indicated  that   the  bill   revised  AS                                                                    
38.95.080 and  repealed AS 38.95.075  that provided  for the                                                                    
issuance  of  permits  for  the   construction  and  use  of                                                                    
trapping  cabins on  state  land.  The department  currently                                                                    
charged a  fee of $160  for an  application and $240  for an                                                                    
annual   trapping  cabin   authorization  issued   under  AS                                                                    
38.95.075  for an  existing cabin.  She delineated  that the                                                                    
application fee  is $400 and $10  for an annual fee  and the                                                                    
use  fee  is   set  at  $10  under  AS   38.95.080  for  the                                                                    
construction  of  new  cabins.  On  average  the  department                                                                    
issues  one  authorization  under   AS  38.95.075  and  nine                                                                    
authorizations    under   AS    38.95.080   annually.    For                                                                    
authorizations under  AS 38.95.080 the  department collected                                                                    
all  annual  fees  for  the ten-year  permit  at  once.  She                                                                    
calculated  that the  revenue amounted  to $4,900  per year.                                                                    
Under the  proposed legislation,  the application  fee would                                                                    
be  set at  $100, and  the annual  use fee  set at  $25. The                                                                    
department  expected some  revenue loss  resulting from  the                                                                    
bill. However, the department supported  the bill because it                                                                    
clarified the trapping cabin statutes.                                                                                          
                                                                                                                                
2:50:12 PM                                                                                                                    
                                                                                                                                
Representative Josephson asked if in  a typical year most of                                                                    
the  83 cabins  were unused.  Ms. Hillgartner  answered that                                                                    
most   of  the   trapping   cabin  permits   were  for   the                                                                    
construction of  new cabins. The current  statute restricted                                                                    
the use of  existing cabins by requiring proof  of use prior                                                                    
to August 1, 1984.                                                                                                              
                                                                                                                                
2:51:28 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster OPENED public testimony on HB 125.                                                                              
                                                                                                                                
2:52:01 PM                                                                                                                    
                                                                                                                                
PETER  BUIST, SELF,  FAIRBANKS (via  teleconference), shared                                                                    
his prior work and life  experience. He testified in support                                                                    
of HB  125. He thanked  the committee for hearing  the bill.                                                                    
He felt  that the  bill was important  to trappers  in rural                                                                    
areas. He reported that many  years ago, he helped craft the                                                                    
original  trapper   cabin  bill   and  draft   the  original                                                                    
regulations.  He  thought the  bill  addressed  many of  the                                                                    
problems that had come up over  the years and was a  tribute                                                                    
to the  collaborative efforts of legislators,  trappers, and                                                                    
DNR. He  believed that the  bill reduced  the administrative                                                                    
burden, reduced  DNR trespass problems  in rural  areas, and                                                                    
kept  the  trapper  cabin  program   viable.  He  urged  the                                                                    
committee to support the bill.                                                                                                  
                                                                                                                                
2:53:59 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster CLOSED public testimony.                                                                                        
                                                                                                                                
2:54:22 PM                                                                                                                    
                                                                                                                                
Representative Cronk MOVED to report  CS HB 125 (RES) out of                                                                    
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal note.                                                                                                       
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
HB 125  was REPORTED  out of committee  with nine  "do pass"                                                                    
recommendations and  one amend  recommendation and  with one                                                                    
previously published fiscal impact note: FN1 (DNR).                                                                             
                                                                                                                                
2:55:03 PM                                                                                                                    
                                                                                                                                
Representative   McKay  thanked   the   committee  for   its                                                                    
consideration.                                                                                                                  
                                                                                                                                
2:55:43 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
3:01:11 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB 81 Sectional Analysis .pdf HFIN 5/4/2023 1:30:00 PM
STRA 3/21/2024 1:30:00 PM
HB 81
HB 81 Supporting Documents.pdf HFIN 5/4/2023 1:30:00 PM
HB 81
HB 81 Sponsor Statement.pdf HFIN 5/4/2023 1:30:00 PM
STRA 3/21/2024 1:30:00 PM
HB 81
SB25 Fund Backup Information - LFD Presentation extract 050423.pdf HFIN 5/4/2023 1:30:00 PM
SB 25
HB 125 Public Testimony Rec'd by 050423.pdf HFIN 5/4/2023 1:30:00 PM
HB 125