Legislature(2005 - 2006)SENATE FINANCE 532
05/08/2005 01:00 PM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB26 | |
| HB94 | |
| HB53 | |
| HB279 | |
| HB130 | |
| HB98 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| HB 26 | |||
| + | HB 94 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 53 | TELECONFERENCED | |
| += | HB 98 | TELECONFERENCED | |
| += | HB 279 | TELECONFERENCED | |
| += | HB 130 | TELECONFERENCED | |
CS FOR HOUSE BILL NO. 130(FIN) am
"An Act relating to the grant of certain state land to the
University of Alaska; relating to the duties of the Board of
Regents; establishing the university research forest; and
providing for an effective date."
This was the second hearing for this bill in the Senate Finance
Committee.
PETE KELLY, State Relations Director, University of Alaska,
specified that the University is a State land grant entity that
"was founded with the intent that it would create a land grant
trust" that would supplement its day-to-day activities. To that
point, he emphasized that the Land Grant Trust is operational and
does financially support the University. The debate regarding the
University land grant issue began in 1915 when a territorial
delegate, James Wickersham, envisioned a State university. He
lobbied before the United States Congress for this land grant
endowment, and, in 1929, the State received its University land
grant entitlement. Unfortunately, at the time, a vast majority of
the State was not surveyed; therefore the process of transferring
land was slow. Only two grants, totally approximately 113,000
acres, had been transferred to the University by the time of
Statehood, and "the Statehood Act superseded all of the federal
legislation dealing with Alaska."
Mr. Kelly stated that the total acreage that was provided to the
University's land grant program amounted to 140,000 acres: the
combination of the 113,000 federally granted acreage and other land
grants to the University. The University is "a very small land
grant institution" which only ranks ahead of Hawaii and Delaware's
land grant university programs in size.
7:32:04 PM
Mr. Kelly characterized the University as having "a very successful
land department". Since 1986, the University has sold 1,200 parcels
of land. The University is "the most successful public entity in
the State for getting land into private ownership". The
University's educational endowment, which is established as a
percent of market value (POMV) payout structure, nets the
University approximately $5,000,000 annually. The endowment fund
currently has a value of approximately $135,000,000.
Mr. Kelly stated that during the process involved with this
legislation, a significant amount of public comment in regard to
how the University "treats its disposal of land" occurred.
7:32:40 PM
Mr. Kelly communicated that the University has attempted "to assure
everyone at every step" that "a very very public process" is in
place. "University land issues are routine subjects of Board of
Regents meetings" which are public forums. The Board's decisions on
land are formed in consideration of the public process.
Mr. Kelly noted that one of the greatest areas of concern relating
to this bill has been in regard to land parcels in Southeast
Alaska. To that point, he noted that private land holdings in
Southeast Alaska amount to approximately one percent of the
landmass. This bill would change that percentage "to one and two-
tenths of one percent". The University has addressed the concerns
of municipalities that might attempt to form boroughs at a later
date, and in addition has agreed to take lands that might be
subject to federal claims. Furthermore, the University would accept
land containing established trails. In the past, agreements
regarding such trails have been made, to include such things as
providing easements or relocation of the trail. Nonetheless, a few
concerns continue. "The University is a responsible land developer
and a successful land developer." Even were the University to be
granted the entirety of the lands proposed in this bill, it would
continue to be defined as a small land grant institution.
Nonetheless, the University is looking forward to increasing its
land holdings to a level "that is consistent with most
universities".
7:34:18 PM
Co-Chair Green asked for verification that the land being proposed
for transfer to the University was currently State owned land.
Mr. Kelly affirmed.
Co-Chair Green understood therefore that the State has the
authority to either sell that land or give it to someone else.
JANET BURLESON-BAXTER, Special Assistant to the Commissioner,
Department of Natural Resources affirmed that the land in question
could be sold.
Co-Chair Green ascertained therefore, that the legislation would
not change the classification of the land, or making it more
available or more or less restrictive. The proposal would simply
move land from one State entity to another.
BOB LOEFFLER, Director, Division of Mining, Land and Water,
Department of Natural Resources testified via teleconference from
an offnet site and agreed that, "in general", Co-Chair Green is
correct that the State "could do any number of things with the land
although there are land use plans that say what" the State is going
to do with the land. "For the most part, the lands" identified in
this bill that are located in Southeast Alaska are currently
included in "development categories". To that point, the State
could plan "to set the land aside for a kind of development whether
that be sales or commercial lodges or whatever. However, he noted
that there are two to four parcels, however, that are inconsistent
with "what the State's planning says".
7:36:47 PM
JOE BEEDLE, Vice President, Finance, University of Alaska,
testified via teleconference from an offnet site and spoke in
appreciation for the Committee subcommittee's May 2, 2005 three
hour public hearing in which approximately 40 individuals testified
about the bill. He also noted that "numerous misconceptions or
misunderstandings" about this legislation were addressed in a
report titled "Department of Natural Resources University Land
Transfer Factsheet February 4, 2005" [copy on file].
Mr. Beedle expressed that the University has deemed the language
proposed in the Committee's committee substitute, draft Version 24-
GH1034\P as being acceptable.
Co-Chair Green asked whether any of the land parcels selected for
sale would negatively impact the Iditarod Trail Sled Dog Race or
other traditional dog sled racing trails.
7:38:10 PM
Mr. Loeffler informed the Committee that the Iditarod trail would
not be affected by the proposed land selection; however the
Haessler-Norris Trail System does transit one of the selected
parcels. In response to this concern, the State has agreed to
reserve the Haessler-Norris Trail System before that parcel was
conveyed to the University. He also noted that that specific land
parcel is classified for "settlement, meaning the State had the
expectation of selling it". Regardless of whether that parcel was
sold to the University or sold for settlement, the trail system
would be preserved and protected.
Co-Chair Green acknowledged the comments.
7:39:10 PM
Senator Hoffman noted that during the public testimony hearings on
this bill, concern was voiced regarding Native claims on land,
specifically to Parcel 10 around McCarthy.
Mr. Loeffler informed the Committee that the Department of Natural
Resources is unaware of any Native land allotments in the McCarthy
parcel. Nonetheless, were Native allotments uncovered, "they would
have precedence over conveyance to the University".
Senator Hoffman asked whether this would also be the case with any
other parcels being considered for conveyance.
Mr. Loeffler affirmed that to be true. Language was added to the
bill that specifically stated that Native allotments were "a valid
possessary right that would remain valid". In addition, the
question pertaining to Native allotments to parcels such as Biorka
Island and Lisianski Peninsula in Southeast Alaska would be
addressed before those parcels could be conveyed to the University.
Senator Stedman asked that the report from the Committee's
subcommittee assigned to review this bill be provided. In addition,
he asked that the public process involved with this legislation be
reviewed.
Co-Chair Wilken read the May 7, 2005 memorandum [copy on file] he
wrote to Co-Chair Green on behalf of the Committee's subcommittee
on HB 130 as follows.
The Senate Finance Subcommittee for House Bill 130, University
Land Grant/State Forest, met Monday evening, May 2, 2005. The
purpose of the meeting was to provide the opportunity for
statewide public testimony.
The following is a numerical summary of the testimony given:
1) Total Number of Participants 39
2) Geographical Area of the State
S.E. Alaska Participants 24 61%
McCarthy Area Participants 7 18%
Mat-Su Area Participants 5 13%
Other Area Participants 3 8%
39 100%
In addition, I would make the following comments:
1) In regards to Southeast Alaska:
The testimony was spread across many sites in Southeast
Alaska. As you would expect, the testimony was localized
by sub-area across the broad region. Most participants
recommended that specific land parcels not be conveyed to
the University of Alaska.
2) In regards to the McCarthy area:
The testimony revolved around the United States Park
Service's continued restriction and constriction of
usable land around the McCarthy area. It was stated that
further withdrawals by the University would just make a
bad situation worse.
3) In regards to the Mat-Su area:
The testimony was almost entirely confined to the Frying
Pan Lake area and the multiple system of world-class dog
mushing trails situated therein.
Thank you for the opportunity to accept the public's input on
this important legislation. I commend House Bill 130 to you
and stand ready to assist in passing it from Committee.
Gary Wilken, subcommittee chair
Senator Stedman spoke of his concerns regarding "the lack of" a
public process pertaining to this bill. The multitude of
correspondence he has received from House District 2 includes
correspondence from mayors, councils, and assemblies as well as
individuals. The fact that the majority of communities in a
specific district have requested their elected official to "slow
the process down and to have more dialogue with the communities
affected and each community has a little difference issues…" is a
matter of concern. The issue for some of the unorganized
communities that were considering expanding and forming boroughs,
was that the land selected was the only land available. He allowed
that some of those issues have been addressed.
Senator Stedman continued that communities that are boroughs have
voiced concern that the public process guidelines that the
Department of Natural Resources must follow regarding land disposal
"are substantially different" than those required of the
University. The concern is that the in-depth planning that was
conducted over the last couple of decades including such things as
comprehensive plans and coastal management plans, has been
"virtually derailed".
Senator Stedman informed the Committee that letters of concern are
continuing to arrive in his office from communities throughout
Southeast Alaska. "When there's that much concern, there's
something wrong with the system." As there does not appear to be a
pressing time element pertaining to this legislation, and even
though "technically the legislative process being conducted is the
proper process, "extra efforts" could be taken "in such a small
state" when there are such "broad concerns from communities".
Senator Stedman also echoed Senator Hoffman's concern regarding
Native allotment issues. Many of the parcels "in Southeast Alaska
are intertwined with either Native grave sites or Native allotments
or potential Native allotments". Written records prior to the
creation of the Tongass Regional Forest in 1907, were sparse. As
Native elders die, it is difficult to transfer the knowledge from
one generation to the next and attempt "to substantiate it to the
Western world of paper and documentation". While some Native land
has been deeded and several allotments have been platted but not of
yet deeded, quite a few have not reached the platting phase.
7:48:07 PM
Senator Stedman opined that "the more legitimate concerns of
watershed issues and planning issues" are "screened or derailed" by
objections from people who simply do not "want a neighbor". He
urged that Committee members "look beyond those "non-substantiated
or non-substantial concerns and focus more on the issues" brought
forth by the local communities. He opined that "a poor public
process" has been experienced with this legislation, as
"unfortunately" the concerns of the major communities have been
drowned out". It has not "instilled good will" between the
University and the local communities.
Co-Chair Wilken moved to adopt the SCS CS HB 130(FIN), Version 24-
GH1034\P as the working document.
Senator Stedman remarked that Version "P" "looks better than some
of the other bill versions".
There being no objection, Version "P" was ADOPTED as the working
document.
Amendment #1: This amendment deletes "." following "Bay" in Sec.
3(n)(7) on page six, line nine and inserts ";
(8) Parcel Number ST. 1002, Pelican;
(9) Parcel Number MF. 1002, Idaho Inlet;
(10) Parcel Number PA 1002, Mite Cove;
(11) Parcel Number ST. 1001, Middle Island;
(12) Parcel Number PA. 1002, Biorka Island;
(13) Parcel Number PA. 1001, Port Conclusion;
(14) Parcel Number ST.LS.1001, Lisianski Peninsula;
(15) Parcel Number SD. 1001, Beecher Pass;
(16) Parcel Number SD. 1001, Favor Peak;
(17) Parcel Number CS.TL. 1001, Three Lake Road;
(18) Parcel Number SD. 1001, Read Island;
(19) Parcel Number SD. 1001, Whitney Island;
(20) Parcel Number CS.EW. 1001, Earl West Cove;
(21) Parcel Number CS.OV. 1001, Olive Cove;
(22) Parcel Number SD. 1001, Thoms Place;
(23) Parcel Number PW.HK. 1001, Hook Arm;
(24) Parcel Number HA.CH. 1001, Haines-Chilkoot;
(25) Parcel Number PW.NA. 1001, Naukati Sound."
In addition, this amendment deletes subsections "o", "p", and "q"
in Sec. 3 beginning on page six, line ten through page seven, line
15.
Senator Stedman moved Amendment #1.
Co-Chair Green objected.
Senator Stedman stated that this amendment would increase the
amount of parcels in Southeast Alaska that would not be conveyed to
the University. He noted that were this amendment adopted and the
University and the State to continue their desire to convey these
parcels, "a more amiable public process and working relationship
with the communities" could be established.
[NOTE: Co-Chair Wilken chaired this portion of the meeting.]
A roll call was taken on the motion.
IN FAVOR: Senator Stedman
OPPOSED: Senator Dyson Co-Chair Wilken, Senator Hoffman, Senator
Olson, and Co-Chair Green
ABSENT: Senator Bunde
The motion FAILED (1-5-1)
[NOTE: Co-Chair Green resumed chair.]
Amendment #2: This amendment deletes "." following "Bay" in Sec.
3(n)(7) on page six, line nine and inserts ";
(8)Parcel Number ST. 1001, Middle Island;
(9) Parcel Number PA. 1002, Biorka Island;
(10) Parcel Number PA. 1001, Port Conclusion;
(11) Parcel Number ST. LS. 1001, Lisianski Peninsula;"
Senator Stedman moved to adopt Amendment #2.
Co-Chair Green objected.
Senator Stedman explained that this amendment would remove land
parcels within the City and Borough of Sitka. He noted that
language had been added to the bill that would allow the
unorganized boroughs of Petersburg, Pelican, and Wrangell to
organize by the year 2009. Were that action to occur, those
communities could select from State land around their communities
by the year 2013. That language could not apply to Sitka as the
specified parcels are within the borough. Lisianski Peninsula has
been logged; Biorka Island, which is a secluded uninhabited island,
contains an aircraft communication station.
7:56:27 PM
Senator Stedman noted that the State has already sold the shoreline
areas of Middle Island. Therefore, the majority of the land on
Middle Island that would be conveyed to the University would
consist of a small mountain in the center of the island.
Discussions have occurred regarding demolishing that mountain as
jets fly over it on their approach to the Sitka airport. Neither
Middle Island nor Lisianski Peninsula would be considered desirable
land sites. Port Conclusion has issues as well.
Senator Dyson asked Senator Stedman whether Middle Island was one
of the areas that contained military gun sites.
Senator Stedman clarified that Biorka Island had gun placements.
Mr. Loeffler expressed that the University could utilize these
areas in a manner consistent with the needs of the Federal Aviation
Administration and within other physical parameters.
Senator Olson, himself a pilot, stated that he has some aviation
concerns relating to conveying Biorka Island and Middle Island to
the University.
Co-Chair Green asked the Department of Natural Resources whether
selection of these areas might raise aviation concerns.
Mr. Loeffler viewed the University as being "an intelligent
developer". While there could "be things they would want to develop
around"…there is "no significant disadvantage". They could develop
the sites in a manner "consistent with" the needs of the Federal
Aviation Administration (FAA). Were the land was not developed
within ten years, the University's Board of Regents could decide to
return it to the State if they deemed the land of "no value".
Mr. Kelly informed that while the FAA has not objected to the
transfer of these land parcels, they have asked that the University
contact them. The University has agreed to do so.
Senator Stedman noted that Biorka Island contained some Native land
allotments. In addition, Native gravesites have been found
"scattered amongst the islands" around Sitka. Such sites could also
be found on Lisianski Peninsula.
Co-Chair Green stated that this concern could be addressed by
language in Sec. 3(e), page three lines 27 through 31 that reads as
follows.
(e) Land conveyed under this section to the Board of Regents
in trust for the University of Alaska is subject to any valid
possessory interest or other valid existing right, including
any lease, license, prospecting site, claim, sale, permit,
right-of-way, Native allotment, or easement held by another
person, including a federal, state, or municipal agency, on
the effective date of this section.
8:01:55 PM
Co-Chair Green declared that the language in this section would
provide "pretty good safeguards for the various interests that
exist or might be found to exist".
Senator Stedman expressed that the only Native cemetery gravesites
in Sitka were developed after the Russians settled in Sitka. Other
gravesites are unmarked.
A roll call was taken on the motion to adopt Amendment #2.
IN FAVOR: Senator Stedman, Senator Dyson, and Senator Olson.
OPPOSED: Senator Hoffman, Co-Chair Wilken, and Co-Chair Green.
ABSENT: Senator Bunde
The motion FAILED (3-3-1).
Amendment #2 FAILED to be adopted.
Amendment #3: This amendment deletes "AS 14.40.365 - 14.40.367[AS
14.40.365 - 14.40.368] in Sec.2, page two, line 31 through page
three, line one and replaces it with "AS 14.40.365 - 14.40.368".
[NOTE: This amendment was drafted to a bill version that was not in
the Committee's possession. The intent of the Committee was to
conform the amendment to Version "X".]
The amendment also adds a new bill section on page ten following
line nine as follows.
Sec. 7. AS 14.40.368 is repealed and reenacted to read:
Sec. 14.40.368. Sale of land received under AS.
14.40.365. (a) The sale of land conveyed to the Board of
Regents in trust for the University of Alaska under AS
14.40.365 shall be made at public auction to the highest
qualified bidder as determined by the Board of Regents. The
Board of Regents may accept bids and sell land under this
section at no less than 70 percent of the appraised fair
market value of the land. To qualify to participate under
this section in a public auction of land under this section
that is other than commercial, industrial, or agricultural
land, a bidder shall have been a resident of the state for at
least one year immediately preceding the date of the auction
and submit proof of that fact as the Board of Regents
requires. A bidder may be represented by an attorney or agent
at the auction. An aggrieved bidder may appeal to the Board of
Regents for reconsideration within five days after the sale.
The sale shall be conducted by a person designated by the
Board of Regents, and, at the time of sale, the successful
bidder shall deposit with the Board of Regents an amount equal
to at least five percent of the purchase price. The person
designated by the Board of Regents to conduct the sale shall
immediately issue a receipt containing a description of the
land or property purchased, the price bid, and the amount
deposited. The receipt shall be acknowledged in writing by the
bidder.
(b) Before the signing of the formal conveyance, the
Board of Regents may reject all bids when the best interests
of the state and the University of Alaska justify this action.
Land offered at public sale but not sold may be made
available at private sale for not less than its appraised
value.
(c) The contract of sale for land sold at public auction
under this section shall require the remainder of the purchase
price to be paid in monthly, quarterly, or annual installments
over a period of not more than 20 years, with interest at the
rate provided in (i) of this section. Installment payments
plus interest shall be set on the level-payment basis.
(d) The contract for each sale must set out the period
for the payment of installments and the total purchase price
plus interest. With the consent of the Board of Regents, the
contract may also include conditions, limitations, and terms
considered necessary and proper to protect the interests of
the state and the University of Alaska. A violation of any
provision of the contract of sale subjects the purchaser to
appropriate administrative and legal action, including
specific performance, foreclosure, ejectment, or other legal
remedies in accordance with applicable state law.
(e) If a contract under this section has been breached,
the Board of Regents may issue a decision to foreclose and
terminate the contract at any time that is more than 31 days
after delivering by certified mail a written notice of the
breach to the address of record of the purchaser. A breach
caused by the failure to make payments required by the
contract may be cured within 30 days after the notice of the
breach has been received by the purchaser by payment of the
sum in default together with the larger of a fee of $50 or
five percent of the sum in default. If there are material
facts in dispute between the Board of Regents and the
purchaser, the purchaser may submit a written request for a
public hearing for the review of the facts within 30 days
after the notice of the breach has been received.
(f) On a determination that there has been a breach of
the contract based on the administrative record and the
evidence presented at a hearing, the Board of Regents shall
issue a decision foreclosing the interest of the purchaser and
terminating the contract. The obligation to make payments
under the contract continues through the date of the decision
to foreclose by the Board of Regents.
(g) The Board of Regents shall deliver the decision to
foreclose and terminate personally to the purchaser or send
the decision to foreclose and terminate by certified mail,
return receipt requested, to the address of record of the
purchaser. If the breach is a failure to make payments
required by the contract, the decision must include a notice
to the purchaser that if, within 30 days, the purchaser pays
to the University of Alaska the full amount of the unpaid
contract price, including all accrued interest, and any fees
assessed under (e) of this section, the Board of Regents shall
issue to the purchaser a deed to the land. If full payment is
not made within 30 days or the breach is for other than
failure to make payment, the decision forecloses and
terminates all legal and equitable rights the purchaser has in
the land.
(h) Within 30 days, the purchaser may request that the
Board of Regents reconsider the decision. The final decision
by the Board of Regents is reviewable under AS 44.62.560.
(i) The interest rate for contracts under this section is
the prime rate as reported in the Wall Street Journal on the
first business day of the month in which the contract is sent
to the purchaser for signature, plus three percent; however,
the total rate of interest may not exceed 13.5 percent.
In addition, the amendment deletes "AS 14.40.368 is repealed." on
page 11, line one and inserts the following.
AS 38.05.125(a) is amended to read:
(a) Each contract for the sale, lease, or grant of state
land, including land conveyed to the Board of Regents in trust
for the University of Alaska under AS 14.40.365, and each deed
to state land, properties, or interest in state land,
including land conveyed to the Board of Regents in trust for
the University of Alaska under AS 14.40.365, made under
AS 14.40.368, AS 38.05.045 - 38.05.120, 38.05.321, 38.05.810 -
38.05.825, AS 38.08, or AS 38.50 except as provided in
AS 38.50.050 is subject to the following reservations: "The
party of the first part, Alaska, hereby expressly saves,
excepts and reserves out of the grant hereby made, unto
itself, its lessees, successors, and assigns forever, all
oils, gases, coal, ores, minerals, fissionable materials,
geothermal resources, and fossils of every name, kind or
description, and which may be in or upon said land above
described, or any part thereof, and the right to explore the
same for such oils, gases, coal, ores, minerals, fissionable
materials, geothermal resources, and fossils, and it also
hereby expressly saves and reserves out of the grant hereby
made, unto itself, its lessees, successors, and assigns
forever, the right to enter by itself, its or their agents,
attorneys, and servants upon said land, or any part or parts
thereof, at any and all times for the purpose of opening,
developing, drilling, and working mines or wells on these or
other land and taking out and removing therefrom all such
oils, gases, coal, ores, minerals, fissionable materials,
geothermal resources, and fossils, and to that end it further
expressly reserves out of the grant hereby made, unto itself,
its lessees, successors, and assigns forever, the right by its
or their agents, servants and attorneys at any and all times
to erect, construct, maintain, and use all such buildings,
machinery, roads, pipelines, powerlines, and railroads, sink
such shafts, drill such wells, remove such soil, and to remain
on said land or any part thereof for the foregoing purposes
and to occupy as much of said land as may be necessary or
convenient for such purposes hereby expressly reserving to
itself, its lessees, successors, and assigns, as aforesaid,
generally all rights and power in, to, and over said land,
whether herein expressed or not, reasonably necessary or
convenient to render beneficial and efficient the complete
enjoyment of the property and rights hereby expressly
reserved.
Senator Stedman moved Amendment #3. This amendment would require
the University to conduct the "more restrictive" public process
required of the Department of Natural Resources in regards to land
disposal.
MARY MONTGOMERY, University of Alaska, testified via teleconference
from an offset site and stated that, while she had not been able to
review the amendment, "the University would object to turning
ourselves into another Department of Natural Resources". She
credited the absence of the process required of Department of
Natural Resources as being one of the reasons that the University
is successful in its land management program. The University
currently has "a very adequate public process". The Department of
Natural Resources is required to meet a larger public interest. The
University's Land Grant program "is to generate revenue for the
Trust while balancing the community's interest". Adoption of this
amendment would serve "to turn the University into another"
Department of Natural Resources. That Department "has a difficult
time in getting real estate available and into public hands because
of the cumbersome process" they must conduct.
Co-Chair Green objected to the amendment.
Co-Chair Wilken identified language in Sec. 4, page seven, line 16
through page eight, line 12 as "clearly" defining the process the
University must conduct before disposing its land to a third party.
He reviewed the policies mandated in the section. The attempt to
address land disposal concerns "is very inclusive" and would
involve the local community.
8:06:08 PM
Senator Olson stated that one of his concerns was in regards to the
conveyance of University land "to another entity or private
person". To that point, he asked whether preference language was
included in the bill that could provide a local community or
municipality priority conveyance rights over another entity.
Mr. Loeffler responded in the affirmative. Language in this regard
is included in Sec. 4(c) on page seven, lines 29 through 31.
(c) Before the Board of Regents of the University of Alaska
offers a parcel of land for sale under this section, the board
shall offer first refusal to the closest municipality.
Co-Chair Green commented that several issues have been considered,
as exampled by language in Sec. 3(k) page three, lines 12 through
14 combined with language in Sec. 3(k)(3), page three, lines 19
though 21. This language reads as follows.
(k) Notwithstanding any other provision of this section,
within 10 years after conveyance of land under this section,
the Board of Regents may reconvey to the Department of Natural
Resources land
(3) that the Board of Regents and the commissioner of
natural resources jointly agree is in the best interests
of the state and the university to reconvey.
A roll call was taken on the motion to adopt amendment #3.
IN FAVOR: Senator Stedman
OPPOSED: Senator Olson, Senator Dyson, Senator Hoffman, Co-Chair
Wilken, and Co-Chair Green
ABSENT: Senator Bunde
The motion FAILED (1-5-1)
Amendment #3 FAILED to be ADOPTED.
Co-Chair Wilken moved to report SCS CS HB 130 (FIN) from Committee
with individual recommendations and accompanying fiscal notes.
Co-Chair Wilken amended his motion to include the House Finance
Committee Letter of Intent.
Senator Stedman objected.
A roll call was taken on the motion.
IN FAVOR: Senator Dyson, Senator Hoffman, Senator Olson, Co-Chair
Wilken, and Co-Chair Green
OPPOSED: Senator Stedman
ABSENT: Senator Bunde
The motion PASSED (5-1-1)
S CS CS HB 130(FIN), accompanied by the House of Representatives
Finance Committee Letter of Intent, was REPORTED from Committee
with zero fiscal note #1, dated January 25, 2005 from the
Department of Fish and Game; $21,600 fiscal note #2, dated January
11, 2005 from the Department of Law; $380,000 fiscal note #3, dated
January 12, 2005 from the Department of Natural Resources; and
$500,000 fiscal note #4, dated February 4, 2005 from the University
of Alaska.
8:10:38 PM
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