Legislature(2007 - 2008)HOUSE FINANCE 519
04/10/2007 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB67 | |
| HB87 | |
| HB29 | |
| HB175 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 29 | TELECONFERENCED | |
| += | HB 67 | TELECONFERENCED | |
| += | HB 87 | TELECONFERENCED | |
| + | HB 175 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE FINANCE COMMITTEE
April 10, 2007
1:43 P.M.
CALL TO ORDER
Co-Chair Meyer called the House Finance Committee meeting to
order at 1:43:29 PM.
MEMBERS PRESENT
Representative Mike Chenault, Co-Chair
Representative Kevin Meyer, Co-Chair
Representative Bill Stoltze, Vice-Chair
Representative Harry Crawford
Representative Richard Foster
Representative Les Gara
Representative Mike Hawker
Representative Mike Kelly
Representative Mary Nelson
Representative Bill Thomas Jr.
MEMBERS ABSENT
Representative Reggie Joule
ALSO PRESENT
Representative Gabrielle LeDoux; Representative Craig
Johnson; Sue Stancliff, Staff, Representative Mike Kelly;
Christine Marasigan, Staff, Representative Gabrielle LeDoux;
Melanie Lesh, Legislative Liaison, Department of Natural
Resources; Mike Leesman, Community Relations Manager, Office
of Children's Services, Department of Health and Social
Services
PRESENT VIA TELECONFERENCE
Dick Mylius, Deputy Director, Division of Mining Land and
Water, Department of Natural Resources, Anchorage
SUMMARY
HB 29 An Act relating to infants who are safely
surrendered by a parent shortly after birth.
CS HB 29 (FIN) was reported out of Committee with
a "do pass" recommendation and with zero note #1
by the Department of Law and a new zero note by
the Department of Health & Social Services.
HB 67 An Act relating to an optional exemption from
municipal property taxes on certain residences of
law enforcement officers.
HB 67 was SCHEDULED but not HEARD.
HB 87 An Act reestablishing the Citizens' Advisory
Commission on Federal Management Areas in Alaska;
and providing for an effective date.
CS HB 87 (FIN) was reported out of Committee with
a "no recommendation" and with a new note by the
Department of Natural Resources and a new zero
note by the Legislative Affairs Agency.
HB 175 An Act relating to the prohibition of the exercise
of the power of eminent domain against a
recreational structure for the purposes of
developing a recreational facility or project.
CS HB 175 (JUD) was reported out of Committee with
a "no recommendation" and with zero note #1 by the
Department of Transportation & Public Facilities.
1:44:08 PM
HOUSE BILL NO. 87
An Act reestablishing the Citizens' Advisory Commission
on Federal Management Areas in Alaska; and providing
for an effective date.
Vice Chair Stoltze MOVED to ADOPT work draft #25-LS0306\V,
Bullard, 4/10/07, as the version of the bill before the
Committee. There being NO OBJECTION, it was adopted.
REPRESENTATIVE MIKE KELLY, SPONSOR, provided Committee
members an update on HB 87, which involves federal lands.
The mission of the legislation is to provide assistance to
the public affected by the management of federal lands in
the State. The previous commission was effective in
assuring that land management decisions were consistent
with both statutory language and the Congressional intent.
The commission was an effective problem solver. The
proposed commission would be responsible for researching
issues and determining the impact of federal statutes,
regulations and management decisions for Alaskans.
Representative Kelly pointed out that even lands with no
specific statutory conservation restrictions are subject to
steadily increasing administrative designations and
withdrawals that can result in reductions in public uses,
including hunting, fishing, trapping, timber harvest,
mineral extraction, grazing, access and other resource use
opportunities. He added that responsible public access and
traditional uses on the federal lands are just as important
to citizens and communities throughout the State today as
they were when the commission originally started.
Representative Kelly believes that the public needs the
type of assistance provided by the previous commission.
The commission's executive director researches federal
rules and can advise whether and how to request that the
federal land manager revisit previous decisions or confirm
the correctness of information in a misunderstanding.
1:48:31 PM
SUE STANCLIFF, STAFF, REPRESENTATIVE MIKE KELLY, explained
the changes to the committee substitute, noting that it
would place the commission within the Department of Natural
Resources. She added, it adds language to the "membership
and officers" portion on Page 2, Lines 6 & 7:
"Each member of the commission serves at the pleasure
of the appointing authority", and deletes "Removal of a
member" section.
The changes were made to clean up and simplify the statute
to conform with other commissions already existing.
Ms. Stancliff spoke to the fiscal note, which reduced the
number of staff to two (2), a director and one research
staff. If determined that more staff is necessary, it is
recommended that the commission authorize and utilize an
intern through the University Internship Program or utilize
volunteers from the various user groups.
She noted the letters of support contained in the packets:
· Alaska Mineral Commission
· Alaska Miners Association
· Fairbanks North Star Borough
· Alaska Outdoor Council
· Kenai River Sport-fishing Association
1:50:29 PM
Vice Chair Stoltze pointed out that the letters were to an
"older" version & do not reflect current changes.
Representative Kelly laughed & thought that they still have
the necessary support.
Representative Thomas referenced Page 3, Line 19, the
advisory groups of the commission; he asked if the State
would be obligated to pay for each of them. Representative
Kelly explained that was old language from the original
commission, which had a problem when appointing a sub-
committee. He did not know if those members had been
compensated & that language could be an effective way to
accomplish tasks at some point.
Representative Thomas requested further clarification
regarding the formation of a commission. Ms. Stancliff
explained in researching what had been done in the past, it
was determined that they wanted the authority to be able to
form advisory groups in order to get local areas "on board"
for the goal. It is not anticipated for the entity to
grow; it provides authority to unify the areas if needed.
1:53:30 PM
Co-Chair Chenault asked if the proposed commission would be
the same size as originally. Ms. Stancliff replied that
the original commission had 16 members and the committee
substitute proposes 12.
Co-Chair Chenault referenced the indeterminate fiscal note
and asked the costs in 1999.
1:54:47 PM
Representative Nelson encouraged inclusion of language
guaranteeing positions for rural members. Ms. Stancliff
pointed out two areas where the qualifications would be
representative of each judicial district; also under
qualifications of the members on Page 2, Lines 12-13,
stipulates that the "Legislature shall be representative of
the diversity of the users & the uses of the federal lands
throughout the State". Based on previous commission
experience, the intent was not to be just geographic.
Representative Kelly pointed out that was carry-over
language from the previous commission. The intent is to
offer diversity for users covered, with no intent to
exclude.
1:57:55 PM
Representative Nelson asked why the original commission had
been eliminated. Ms. Stancliff advised that was a decision
made by previous Governor Tony Knowles. The Department
suffered unallocated cuts and it was his recommendation to
delete the commission.
Representative Nelson inquired if it had been in conflict
with other commissions. Ms. Stancliff clarified that the
commission was effective until they left. Representative
Nelson asked to see the annual reports from the commission.
1:59:04 PM
Representative Gara inquired about a comparison to a
standing committee. Representative Kelly thought that
would be too slow. The work of the previous commission
undertook problem solving with the people involved, which
often involved those shy and unaccustomed to dealing with
bureaucracy. He recommended that such issues are best
addressed by those who know the "players & the rules". He
hoped that in the long run, it would improve access and
use.
Representative Gara understood that the federal government
does not always "listen"; he inquired how creating a
commission could change that; the commission would be a
non-binding entity. Representative Kelly commented on the
knowledge of those involved, to build relationships and
solve problems. It helps to have someone addressing
concerns from an Alaskan perspective.
Representative Gara requested inserting language that the
commission could meet telephonically and take action that
way, saving the State money. Representative Kelly
encouraged that be considered by the Department; it was not
considered during drafting. Ms. Stancliff said it would
need to be addressed through language in the by-laws and
policies.
Representative Gara recommended that the four legislative
members be appointed by Senate President, House Speaker,
House Minority Leader & Senate Minority Leader.
Representative Kelly did not think that was necessary.
2:05:56 PM
Representative Hawker asked for clarification regarding the
scope of authority granted to the commission. He pointed
out that originally, it developed out of the Alaska
National Interest Lands Conservation Act (ANILCA) debate,
addressing State land entitlements. He encouraged a
broader interpretation, Page 3, Line 4, (b) indicating the
items and duties of the commission. He thought it could
grant a very broad power. He noted his district had few
land claim entitlement issues. The concerns in that
district are in regard to federal land management
regulations & access on the highways and intended rights-
of-ways. Rights-of-ways are land interests & he asked if
they could be included. Representative Kelly thought that
since it was within the Department of Natural Resources, it
would be under their umbrella. He had not considered it.
Representative Hawker knew that the same regulations affect
everyone on the road, the Department of Transportation &
Public Facilities and the Department of Natural Resources
concerns. He hoped to make the bill more applicable.
2:10:54 PM
Representative Gara pointed out concerns of the legislation
indicated by the Northern regions of the State. He
suggested having one of the legislative members from either
in or north of the Yukon Kuskokwim drainage. He pointed
out that over 40% of the federal land is in that area.
Representative Kelly reiterated the past system had worked
and that the commission would have a broad representation.
The current language allows flexibility & has a proven
history of working. He stated that the Legislature would
not be involved in the allocation decisions.
Representative Gara asked who the four previous legislators
were as he wanted to see their geographical locations.
Representative Kelly offered to provide that information;
he hoped to see that it was a broad representation.
2:13:59 PM
Representative Nelson asked the recourse for the public if
the commission does not have a broad & diverse
representation. Representative Kelly noted the membership
language could be changed.
Representative Nelson pointed out that there are many
boards and commissions that do not reflect the true picture
in Alaska. She worried about the diversity of the
membership. Representative Kelly hoped that this would
work, including both the rural and northern areas.
2:16:33 PM
Representative Crawford asked what had not been
accomplished since the previous commission ended seven
years ago. Representative Kelly thought that many have
given up dealing with the federal government & quit using
the land. He commented the mouth of the Yukon River,
currently uses the federal government to enforce
regulations. He worried about trappers in the Northern
Yukon and all the additional issues causing folks to give
up. These do not need to be complex issues.
Representative Nelson proposed another solution amending
the State Constitution to allow priority for rural
subsistence users.
2:21:57 PM
Representative Thomas commented on the closure of Glacier
Bay to commercial fishing by the federal government. He
wondered if the commission were in existence, would they be
able to protect such situations. Ms. Stancliff responded
that was one of the issues being considered when the
commission closed.
Vice Chair Stoltze commented on interfacing with the U.S.
Congressional delegation. He thought that the federal
government often acts as the landlord, with the State
possessing the tenant option. He recognized frustration
while attempting to deal with the federal government &
voiced appreciation for the proposed legislation. Vice
Chair Stoltze asked to be a bill co-sponsor.
2:26:23 PM
MELANIE LESH, LEGISLATIVE LIAISON, DEPARTMENT OF NATURAL
RESOURCES, observed that a new fiscal note would be
forthcoming.
DICK MYLIUS, (TESTIFIED VIA TELECONFERENCE) DIRECTOR,
DIVISION OF MINING LAND AND WATER, DEPARTMENT OF NATURAL
RESOURCES, ANCHORAGE, explained that the Department of
Natural Resources reviews the federal land use plans &
regulations. The Department does continually remind the
federal government about the promises made in ANILCA. The
Department does not generally address the concerns of
individual Alaskans that is the intent of the legislation.
He noted that in the past, the commission focused on land
use issues not right-of-way concerns. It would be
difficult for the commission to address an expansion beyond
land use issues with a staff of two.
Mr. Mylius provided a brief history of the commission. He
noted that the commission was reduced to a staff of one and
eliminated along with other programs that were not
considered to be core functions. He spoke to the
indeterminate fiscal note and explained that the commission
was not under the Department when the note was written.
2:32:04 PM
Representative Hawker reiterated his desire to see
inclusion of right-of-way issues. Mr. Mylius acknowledged
the concern, but reiterated that it would be difficult to
broaden the scope with a staff of two.
2:33:22 PM
Representative Gara questioned the legislative composition
of the previous commission. Mr. Mylius could only recall
that Senator Fahrenkamp was the Chair. He added that the
commission had addressed a number of issues regarding
trapping cabins and trapping policies, access issues within
the national parks and the use of motorized recreational
vehicles in Denali and other State parks.
2:35:09 PM
Co-Chair Meyer noted a new forthcoming note from Department
of Natural Resources and the zero note by the Legislative
Affairs Agency.
Representative Foster MOVED to REPORT CS HB 87 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it
was so ordered.
CS HB 87 (FIN) was reported out of Committee with a "no
recommendation" and with new fiscal note by the Department
of Natural Resources and a new zero note by the Legislative
Affairs Agency.
2:36:49 PM
HOUSE BILL NO. 29
An Act relating to infants who are safely surrendered
by a parent shortly after birth.
Co-Chair Meyer MOVED to ADOPT conceptual Amendment #1.
(Copy on File). Representative Hawker OBJECTED for
discussion purposes.
CHRISTINE MARASIGAN, STAFF, REPRESENTATIVE GABRIELLE LEDOUX,
explained the amendment. She observed that the amendment
arose from previous concerns regarding inclusion of
"clergy", in order to create a truly safe haven and a
general statement regarding the physical custody of the
person who provides the health & safety of the infant.
Those concerns were integrated into the amendment. She
pointed out that both the Department of Health and Social
Services and the Department of Law were present to answer
questions.
2:38:32 PM
Representative Gara voiced support for the amendment & asked
to be added as a co-sponsor of the bill.
Representative Hawker observed support for the amendment.
He noted the structural change to the bill with the addition
of the amendment. Representative Hawker WITHDREW his
OBJECTION to adoption of the amendment.
Vice Chair Stoltze discussed his support for the amendment.
There being NO further OBJECTION, Amendment #1 was adopted.
Co-Chair Meyer pointed out that the Department of Law's
fiscal note needed a replacement. Representative Hawker
recommended a zero note from the Department of Health and
Social Services.
2:41:22 PM
MIKE LEESMAN, COMMUNITY RELATIONS MANAGER, OFFICE OF
CHILDREN'S SERVICES, DEPARTMENT OF HEALTH AND SOCIAL
SERVICES, stated that there would be costs implementing the
program. Representative Hawker countered that a contractor
was not necessary; public information activities in the
Department are on-going & could be considered a contractual
expenditure. Mr. Leesman acknowledged that it would not be
a "deal breaker" for the Department to implement the
program.
Vice Chair Stoltze agreed with Representative Hawker.
2:45:15 PM
Representative Gara interjected that he did not want the
Department to "advertise", which could provide a mixed
message. He questioned how an ad campaign would be run.
Mr. Leesman emphasized they would not run an add "campaign";
the funding would have been spent for producing materials to
educate those who would be "taking in" a surrendered infant.
Representative Gara worried about sending out that message
and worried that the side affect might indicate it is okay.
Representative Nelson suggested it would let those people
know on the receiving end, the protocol after they admit a
baby. She did not interpret it as a public message.
2:48:06 PM
Mr. Leesman elaborated that had been the intended use of the
proposed funds.
Co-Chair Meyer stated that both fiscal notes would be zeroed
out.
Representative Foster MOVED to REPORT CS HB 29 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS HB 29 (FIN) was reported out of Committee with a "do
pass" recommendation and with zero note #1 by the Department
of Law and a new zero note by the Department of Health &
Social Services.
2:50:09 PM
HOUSE BILL NO. 175
An Act relating to the prohibition of the exercise of
the power of eminent domain against a recreational
structure for the purposes of developing a recreational
facility or project.
REPRESENTATIVE CRAIG JOHNSON, SPONSOR, explained that the
legislation resulted from a the loss of property case. The
legislation would include a recreational structure that
would prevent the taking of land for eminent domain if there
is a permanent structure on the recreational property. The
legislation would still allow for power lines, water and
other infrastructure.
Representative Johnson concluded that the right to own
private property is one of the most important rights for
Alaskans & by prohibiting government seizure of privately
owned recreational structures for recreational purposes. HB
175 strengthens the right and ensures the continued use of
land in private ownership.
2:53:43 PM
Representative Gara noted that previous legislation
prohibits eminent domain within 250' of someone's house. He
pointed out that the proposed bill adds "recreational
structures". Representative Johnson observed that it would
allow for traditional use such as hunting and fishing.
Representative Gara did not agree that traditional use
should be allowed in the proposed language. Representative
Johnson offered to verify that.
2:55:23 PM
In response to Vice Chair Stoltze, Representative Johnson
observed that it is not the intent to change the eminent
domain law to allow reasonable use. He expressed concern
that an individual's property could be taken in order to
allow others to recreate, noting that he is a strong
supporter of personal property rights.
PUBLIC TESTIMONY CLOSED
2:57:56 PM
Representative Thomas pointed out the letters of support.
Representative Johnson stressed that the legislation has
been well advertised & is well supported.
Representative Foster MOVED to REPORT CS HB 29 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CS HB 175 (JUD) was reported out of Committee with a "no
recommendation" and with zero note #1 by the Department of
Transportation & Public Facilities.
2:59:55 PM
ADJOURNMENT
The meeting was adjourned at 3:00 P.M.
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