Legislature(1997 - 1998)
02/11/1998 03:39 PM RES
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
HB 17 - DNR APPROVE PLATS IN UNORG.BOROUGH CHAIRMAN HALFORD announced HB 17 to be up for consideration and noted there was a proposed committee substitute. MR. BRETT HUBER, Staff to Senator Halford, said the changes begin on page 1, section 1, the purpose section. The primary intent of the bill was to make sure that when parcels are subdivided and sold that there was adequate access provided to them. It also provides that the purpose of the bill is not to establish engineering or other standards for subdivisions. The second change is in section 10 which restates the purpose section, putting it into the statute. The reason is because the regulatory authority (page 6) says the commissioner may adopt regulations to implement the provisions of AS40.15.380, but only those that are necessary and in accordance with the purposes stated in AS 40.15.300. On page 5, (g) and line 12, a 5/8 inch x 24 inch rebar and cap monument replaces a primary type monument. On page 8(b) the OTE and remote parcel are removed from the list of exceptions. Number 557 CHAIRMAN HALFORD asked why that was done. MR. HUBER explained that the OTE and remote parcels are basically programs that are no longer utilized and doesn't have any current inventory. The effect of this amendment is that there would be no effect on ones that are already out there other than the definition of subdivision. It would, by not having them in this portion, affect subsequent subdivision of those type of parcels that are out there now. SENATOR LINCOLN said one of her constituents wrote from Glen Ellen about transfers of lands being done with a deed, but without a survey, and that the added expense and time needed for DNR to review plats will only decrease the number of subdivision surveys being done now. He was suggesting that transfer of lands using this mechanism is time-consuming and expensive and if it's just a transfer of title, why go through this process? CHAIRMAN HALFORD said he thought the concern expressed by the sponsor was subdivision creations that had no practical access and no common repository for the records. The bill is intended to be limited to just those issues. MR. HUBER said he thought it referred to land transfers that are not resulting from a subdivision. This bill only affects subdivision plats. SENATOR TAYLOR said it looks like, to the sponsor, a plat meant either a record of survey or a subdivision. Number 508 CHAIRMAN HALFORD asked if anyone could answer this letter which was from Mr. Jack Phillips, a registered land surveyor. MS. JANE ANGVIK, Director, Division of Lands, replied that they did not have a copy of his letter, and she would be happy to look at it. She thought this bill would provide for a record of private land transfers and that that would be good. SENATOR LINCOLN asked if DNR supported the amended version. MS. ANGVIK replied that they do support the committee substitute. She added that a review of a plat costs $200 per plat by regulation. It will take a person longer to transfer a piece of land under this bill, but that's because they actually have to record what they have done. It would cost the division more money because they would have to review the plat, but the individual gets some assurance that there is access to the subdivision, assurance that there is a place in the public record that indicates it happened and that the land has been surveyed. MR. HUBER added that there is a provision in the bill that says if the review doesn't take place within 45 days, it is deemed approved. So it doesn't end up being caught in a back log. SENATOR TAYLOR asked if it would cost everyone $200 to have a plat review. MS. ANGVIK answered yes. SENATOR TAYLOR asked why. MR. GERALD JENNINGS, Head Surveyor, answered that it would cover staff time because an additional plat survey assistant would have to be hired, if this bill passes. MS. ANGVIK added that right now the surveyors review all incoming and outgoing titles for the State of Alaska. They spend a lot of time reviewing boundaries for the oil and gas lease sales and sports, etc. SENATOR LINCOLN asked if they considered a plat to be a subdivision. MR. JENNINGS replied yes. SENATOR LINCOLN asked what the records of survey are. MR. JENNINGS explained they are surveys of lands which haven't been surveyed prior to this point. Up till now, people have been able to create subdivisions of land by simply writing out legal descriptions and not doing a survey. The record of survey law was passed several years ago to provide a mechanism for getting the subsequent surveys in the record. SENATOR TAYLOR asked if they charged for native lands being conveyed to individuals from the federal government. MS. ANGVIK said yes, they currently charge everyone $200. MR. JENNINGS explained further that $200 was charged for the first lot and $50 per additional lot. CHAIRMAN HALFORD said the committee substitute limits its purposes to guaranteeing that there's really buildable access and to insure that DNR doesn't become bottle-necked by adding more regulations than necessary. SENATOR TAYLOR said he found it disturbing that every single time they take up new legislation some department has to jump on it as a new revenue source to go out and hire a new person. SENATOR TAYLOR moved to adopt the committee substitute to HB 17. There were no objections and it was so ordered. MR. WALT WILCOX, Staff to Representative James, sponsor, supported the committee substitute. CHAIRMAN HALFORD said they would hold the bill and adjourned the meeting at 4:45 p.m.