02/10/2004 08:02 AM House STA
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+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 10, 2004
8:02 a.m.
MEMBERS PRESENT
Representative Bruce Weyhrauch, Chair
Representative Jim Holm, Vice Chair
Representative Bob Lynn
Representative Paul Seaton
Representative Max Gruenberg
MEMBERS ABSENT
Representative John Coghill
Representative Ethan Berkowitz
COMMITTEE CALENDAR
HOUSE BILL NO. 394
"An Act extending the Alaska Commission on Aging."
- HEARD AND HELD
HOUSE BILL NO. 319
"An Act relating to the disposal of state land by lottery; and
relating to the disposal, including sale or lease, of remote
recreational cabin sites."
- HEARD AND HELD
OVERVIEW: DIVISION OF ELECTIONS
- HEARD [See 9:08 a.m. minutes for this date.]
PREVIOUS COMMITTEE ACTION
BILL: HB 394
SHORT TITLE: COMMISSION ON AGING
SPONSOR(S): REPRESENTATIVE(S) HOLM
01/20/04 (H) READ THE FIRST TIME - REFERRALS
01/20/04 (H) STA, HES
02/10/04 (H) STA AT 8:00 AM CAPITOL 102
BILL: HB 319
SHORT TITLE: REMOTE REC.CABIN SITE SALES/LOTTERY SALE
SPONSOR(S): REPRESENTATIVE(S) FATE
05/14/03 (H) READ THE FIRST TIME - REFERRALS
05/14/03 (H) STA, RES, FIN
01/13/04 (H) STA AT 8:00 AM CAPITOL 102
01/13/04 (H) Heard & Held
01/13/04 (H) MINUTE(STA)
02/03/04 (H) STA AT 8:00 AM CAPITOL 102
02/03/04 (H) Heard & Held
02/03/04 (H) MINUTE(STA)
02/10/04 (H) STA AT 8:00 AM CAPITOL 102
WITNESS REGISTER
BARBARA COTTING, Staff
to Representative Jim Holm
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 394 on behalf of
Representative Holm, sponsor.
PAT DAVIDSON, Legislative Auditor
Legislative Audit Division
Legislative Agencies & Offices
Juneau, Alaska
POSITION STATEMENT: Answered questions on behalf of the
division during the hearing on HB 394.
BANARSI LAL, Chair
Alaska Commission on Aging
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
394.
PAULA RECCHIA, Staff
for the Alaska Commission on Aging
Department of Health & Social Services
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
394.
MARIE DARLIN, Representative
to AARP Capital City Task Force
Juneau, Alaska
POSITION STATEMENT: Testified on behalf of AARP in support of
extending the sunset for the Alaska Commission on Aging.
JIM POUND, Staff
to Representative Hugh Fate
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions on behalf of
Representative Fate, sponsor, during the hearing on HB 319.
NANCY WELCH
Special Assistant
Office of the Commissioner
Department of Natural Resources (DNR)
Anchorage, Alaska
POSITION STATEMENT: Offered clarification regarding an
amendment to the original bill version during the hearing on HB
319.
ACTION NARRATIVE
TAPE 04-14, SIDE A
Number 0001
CHAIR BRUCE WEYHRAUCH called the House State Affairs Standing
Committee meeting to order at 8:02 a.m. Representatives Holm,
Seaton, Lynn, and Weyhrauch were present at the call to order.
Representative Gruenberg arrived as the meeting was in progress.
HB 394-COMMISSION ON AGING
CHAIR WEYHRAUCH announced that the first order of business was
HOUSE BILL NO. 394. "An Act extending the Alaska Commission on
Aging."
Number 0099
REPRESENTATIVE HOLM moved to adopt HB 394 as a work draft.
There being no objection, it was so ordered.
Number 0116
BARBARA COTTING, Staff to Representative Jim Holm, Alaska State
Legislature, presented HB 394 on behalf of Representative Holm,
sponsor. She told the committee that HB 394 is a simple bill
that would extend the sunset date for the Alaska Commission on
Aging for four more years, until June 30, 2008. She turned to
the sponsor statement, in which she said the mission of the
commission is written [included in the committee packet].
MS. COTTING turned to the audit done [by the Division of
Legislative Audit - a 42-page report included in the committee
packet]. She pointed to page 13, the end of the second
paragraph, which read as follows: "We recommend that the
legislature adopt legislation extending ACoA's [Alaska
Commission on Aging's] termination date to June 30, 2008." She
mentioned Section 305 of the Older Americans Act and Section
3026 of the U.S. Code, and said that the commission does meet
both of those federal requirements.
Number 0396
PAT DAVIDSON, Legislative Auditor, Legislative Audit Division,
Legislative Agencies & Offices, stated that the purpose of the
audit was to determine that the termination date of the
commission should be extended. The conclusion, she said, was to
recommend that the date be extended to the statute-recommended
four years.
MS. DAVIDSON said the commission has helped older [Alaskans]
lead dignified, independent, and useful lives. She stated that
the commission is designated as the single planning and service
area agency, which means it is the only agency recognized by the
federal government to be responsible to plan, fund, and oversee
federally funded services to seniors statewide.
MS. DAVIDSON turned to the appendices at the back of the audit
report. She said that it primarily shows surveys of grantees
that received funding through the commission. She also noted
that it shows a general trend of support for the commission.
She continued as follows:
The one area of concern has to do with the grant award
procedures. And we believe that ... the degree to
which people believe that they're fair ... [or]
unreasonable has to do with their changing. The
commission had met and had changed some of the
criteria - had changed some of the weighting of the
factors. And I think that what you see here reflected
in those survey results is indeed that discomfort with
the change.
Number 0572
CHAIR WEYHRAUCH asked what the positive or negative effect would
be if the legislature did not extend the commission.
MS. DAVIDSON stated that she thinks representatives from the
Department of Health & Social Services could answer better what
the negative effect would be. She surmised that it would create
problems in funding senior services programs. She said the
Department of Health & Social Services was trying to modify the
state plan "for the department to be recognized rather than the
commission to be recognized"; however, at the time of the audit,
that state plan had not been submitted to the federal
government. She added that she doesn't know if the federal
government would have accepted that plan or not.
MS. DAVIDSON, in response to a question from Chair Weyhrauch,
stated her belief that the federal government is looking for a
single agency to deal with, and that agency is supposed to deal
with the grantees. She said it is common throughout the nation
that a single commission such as [Alaska Commission on Aging]
exists; however, she said she doesn't know if the federal law
would prohibit "any other form of organization to deal with it."
CHAIR WEYHRAUCH said he is on the [House Finance Committee]
subcommittee for the Department of Health & Social Services'
budget. In doing a reorganization of the department, Disability
Services and Senior Services have been combined to form the
Senior and Disability Services. He said he finds it offensive
that the two entities are treated as if they are "one and the
same." He asked, "If the Alaska Commission on Aging didn't
exist, could ..., say, the Senior ... Disability Services serve
the same granting function?"
MS. DAVIDSON responded that she doesn't know.
Number 0833
BANARSI LAL, Chair, Alaska Commission on Aging, told the
committee that he wishes someone from the Department of Health &
Social Services was present, but he will do his best to answer
the committee's questions. In response to a prior question, he
stated that the federal law requires that states receiving
federal funds to provide services to seniors should have some
agency that is designated to address senior issues. He said he
thinks it was in deference to that that the Alaska Commission on
Aging was established.
MR. LAL noted that [Governor Frank Murkowski] issued an
executive order which transferred some functions of the
Department of Administration to the Department of Health &
Social services; both the senior services function and the
[Alaska] Commission [on Aging] were transferred to the
Department of Health & Social Services. He added, "The only
difference was that the grant-making functions of the commission
were transferred to the Division of Senior & Disability
Services." He clarified that the commission is still
responsible for developing a senior services plan and for "the
administration of the statewide plan."
MR. LAL stated that, at the time of the merger, a four-year plan
had been completed and submitted to the governor's office.
However, the decision was made that at that time, since the
administration was new, a one-year plan was preferred. The
commission has since reviewed the state plan again and, at its
upcoming meeting in Juneau on February 18-20, it will be
finalizing the submission of a state plan which would cover the
period of 2004-2007.
MR. LAL stated that the other major function [of the Alaska
Commission on Aging] is to hold public hearings statewide on
issues that are critical to the senior population. He noted
that, at the beginning of the legislative session, the
commission holds a public hearing on all legislation that is
related to senior services or would affect seniors in some way.
He stated that, over the years, the commission has been the
voice for senior issues. In the past, it has offered grant
support to senior advocacy groups, such as AGENET [Alaska
Geriatric Exchange Network] and Senior Advocacy Coalition, which
have widespread membership. It has also supported the efforts
of the agencies, such as the Older Persons Action Group in
Anchorage. He said [the commission] continues to advocate for
services [for seniors] in all parts of the state, particularly
focusing on those services that either are not available or are
needed "in the light of established needs."
Number 1124
MR. LAL said that, whenever funds are available, [the
commission] travels at least once a year to a (indisc.) site to
experience the work that's being done and to determine the work
that needs to be done. He stated that [the commission] will
continue to be a strong voice for all seniors. It publishes a
monthly newsletter, which is also available on the Internet,
entitled, Alaskan Seniors: Living Longer, Growing Stronger.
MR. LAL noted that the only thing that has changed following the
previously noted transfer of services is that the commissioner
requested the grant-making functions be transferred over to the
Department of Health & Social Services, and the Region 10 office
has agreed to do that. He indicated that the commissioner has
also submitted a letter to "legislative audit" regarding the
streamlined functions and the concerns listed in the audit
report, especially relating to the grant-making functions of the
commission.
MR. LAL stated his belief that Section 305 of the Older
Americans Act requires each state to designate an agency as the
sole estate agency to develop an administrative state plan, to
coordinate all the state activities related to the Older
Americans Act, and to serve as an effective and visible advocate
for the elderly. He concluded as follows:
Those are the three functions that are still enshrined
in the activities of the Alaska Commission on Aging.
For that ... reason, and for being such a ... strong
voice for the seniors, I request your support for
extension of the Alaska Commission on Aging until June
30, 2008. I am not so sure what would happen if the
legislature was to decide otherwise.
Number 1310
REPRESENTATIVE SEATON referred to the analysis section of the
fiscal note, which shows that the Section 305 provisions that
Mr. Lal had previously indicated were "with the commission"; yet
the following sentence says that the Department of Health &
Social [Services] is designated as the sole state agency. He
asked, "Has that designation been removed from the commission
and transferred to [the Department of Health & Social
Services]?"
MR. LAL responded, "I am certain that those have been
transferred to the Department of Health & Social Services in
agreement with the federal agency. So the fiscal note that you
are looking at is essentially the operation of the [Alaska]
Commission on Aging."
Number 1379
MR. LAL, in response to questions from Chair Weyhrauch, said the
commission currently has seven members appointed by the
governor; four of them, including him, have been recently
reappointed. There are three other designated members, he
noted, who represent the commissioners of [the Department of
Administration, the Department of Community & Economic
Development, and the Department of Health and Social Services].
He noted that the representative of the commissioner for the
Department of Health and Social Services is Steven Ashman. He
stated that there is an executive director, and applicants are
currently being reviewed for the position, which has been open
since December [2003]. The last executive director was Dr.
Robert Gaylor, and "he was the executive director in an acting
capacity for about a year, and ... in a regular capacity for
about six months."
Number 1518
PAULA RECCHIA, Staff for the Alaska Commission on Aging,
Department of Health & Social Services, clarified that while
being under the department, [the commission] is not in the
Division of Senior & Disability Services. In response to a
question from Representative Gruenberg, she said she had nothing
to do with the preparation of the fiscal note.
REPRESENTATIVE GRUENBERG said he has concerns regarding the
numbers in the fiscal note.
CHAIR WEYHRAUCH said he plans to hear from the department
regarding the fiscal note. He said he is supportive of the
bill, but he explained that he wants to understand the global
context and "how this fits in with state policy."
MS. RECCHIA pointed out that page 3 of the audit report lists
that an additional duty of the commission is that it is
designated by the Alaska Mental Health Trust Authority to plan
for services for people with Alzheimer's disease and related
disorders. She said the funds go to the department and the
commission assists with the development of the state plan. She
added that the Older Americans Act specifies that "we do need to
have a plan about how their federal funds are distributed." She
specified that [the commission] is the planning agency that
develops the formulas for nutrition and transportation services
for the Older Workers' fund and the Family Caregiver program.
Number 1725
MS. RECCHIA, in response to a question from Chair Weyhrauch,
said the long-term care ombudsman is actually with the Mental
Health Trust Authority - a transfer that she said she thinks was
done a couple of years ago. The funds from the Older Americans
Act do go to the Mental Health Trust.
CHAIR WEYHRAUCH asked, "The long-term care ombudsman is
different than any sort of senior ombudsman. Does such a
position exist in state government?"
MS. RECCHIA replied, "I don't know that a senior ombudsman --
but the long-term care ombudsman is a requirement of the Older
Americans Act, so that position is related to the funds that
come from the Older Americans Act." In response to follow-up
questions from Chair Weyhrauch, she said the long-term care
ombudsman does deal with facilities that offer long-term care
for seniors and is also responsible for investigating any
reports about problems in assisted living homes, for example.
CHAIR WEYHRAUCH asked if a family member with a complaint about
the Alaska Pioneers' Home, for example, would go to the long-
term care ombudsman.
MS. RECCHIA answered yes they could. In response to a question
from Chair Weyhrauch, she said the long-term care ombudsman is
with the Department of Revenue.
Number 1800
MS. RECCHIA, in response to a question from Representative
Gruenberg, said she did not attend the hearing that was held by
the House Special Committee on Military and Veterans' Affairs
over the interim; however, the chair of the commission was
there, as well as the chair of the Alaska Pioneers' Home.
Furthermore, she said she is unable to speak to the corrective
actions that were taken as a result of that hearing.
CHAIR WEYHRAUCH suggested that that could be addressed during an
overview with the Department of Administration.
Number 1853
REPRESENTATIVE GRUENBERG said it appears from the fiscal note
that the commission makes a profit of about $57,000 a year. He
asked if that's correct.
MS. RECCHIA answered that she has had no involvement in
preparing the budget. She stated that she did see the budget
for this year and it was "still in formation even before
Christmas." She indicated that [the fiscal note] is probably
[based upon] new information.
Number 1934
MARIE DARLIN, Representative to AARP Capital City Task Force,
referred to [Chair Weyhrauch's] previous comment regarding the
combining of Disability Services and Senior Services in the
reorganization of the department. She indicated that the
commissioner's rationale behind that move had to do with the
fact that there was overlap in services "between the two
different segments."
MS. DARLIN noted that one of the responsibilities of the Alaska
Commission on Aging is to present the plan for the Senior
Services annually. She indicated that AARP feels that there has
to be something like the Alaska Commission on Aging to keep the
senior aspect of "all of this" separate and distinct - to deal
absolutely and solely with senior issues, including all the
issues that go into the aspect of the department's planning and
budget.
Number 2000
CHAIR WEYHRAUCH asked Ms. Recchia to provide the committee
members with "a plan for our files."
MS. RECCHIA responded that there is a plan that will be
submitted to the federal government. She indicated that it is
the interim plan that [the commission] is working under;
however, she said a draft plan could be made available.
CHAIR WEYHRAUCH opined that the committee would benefit by
seeing the products produced.
MS. RECCHIA noted that the draft plan is available on the
state's web site. She revealed that it is a lengthy plan.
CHAIR WEYHRAUCH, in response, asked for a table of contents and
executive summary only. He asked Ms. Recchia if there is a
central number to call to find out about services for seniors.
Number 2121
MS. RECCHIA replied that there is an 800 number provided through
the Division of Senior & Disability Services. She noted that it
is a fairly new number and was [provided as] part of the whole
senior care initiative that the governor put forward. She
stated that the Older Person's Action Group (OPAG) has a
directory that it updates annually, which is segmented according
to services and also by areas. She also mentioned that the web
site lists all the services offered through the division.
Number 2212
CHAIR WEYHRAUCH stated that it seems that society has reached
"the vanishing point of decision making," where no one wants to
or will make a decision. Voice mail, he remarked, has become "a
great facilitator of that." He related personal experience
[being passed around] with voice mail systems. He suggested
that before any state agency is allowed to have voice mail,
everyone has to call his/her own number and "deal with it." For
somebody who is a senior, he emphasized, it becomes even more
important to have [a system] that he/she can understand and a
[real person] to speak to, or somebody who will call back when a
message is left.
MS. RECCHIA responded, "I would say that they have hired staff
to actually answer the phone, so the person who's answering the
phone should be able to give information about what the person
needs and ... follow up." She added that she can't say how well
it's working, but she assured the committee that when people
call her for information, she always tells them who can address
their concern, and she tells them to call her back if they are
not able to get services.
Number 2323
REPRESENTATIVE HOLM noted that his mother is older and is not
computer literate. He said she has had a couple of strokes and
doesn't see very well, so she has difficulty using a telephone.
He stated that it is very frustrating for her to deal with
roundabout [menu options on voice mails]. He concurred with
Chair Weyhrauch's previously stated concerns regarding this
issue.
MS. RECCHIA stated that there currently is an effort being made
to make information and services available to caregivers. She
continued as follows:
Frequently, caregivers - in addition to being spouses
- will be children, and there is a lot of information,
too, that's available to them in different modalities,
so that there's ... hopefully kind of a cross section
in the information that can get out in different ways.
Number 2410
MS. DARLIN, in response to a question from Chair Weyhrauch,
confirmed that AARP is in support of the extension to the sunset
provision, which is what the bill would provide. She reiterated
the need for [the Alaska Commission on Aging] to look after the
specific needs and concerns of seniors.
Number 2415
REPRESENTATIVE GRUENBERG stated his understanding that $13
million would be lost if the sunset is not extended. He asked
if that is correct.
MS. DARLIN responded that she doesn't know the answer to that
question.
MS. RECCHIA offered the following:
That [$13 million] would be the amount of money that
would be in the nutrition, transportation services,
and the family caregiver program, and also the Elder
Worker program - Title 5 program.
MS. RECCHIA, in response to a follow-up question from
Representative Gruenberg, said that the commission does not have
any connection with the administration of the longevity bonus.
She said, "They're in a different division and they operate
[separately] from the commission."
REPRESENTATIVE GRUENBERG asked if, therefore, the commission had
no say in the planning of that longevity bonus or the planning
to eliminate it.
MS. RECCHIA responded as follows:
The commission ... did pass a resolution asking for
more study with regards to the loss of the longevity
bonus. ... That was the position that they took; they
would like more information about what the impact
would be.
REPRESENTATIVE GRUENBERG said he wonders if the commission
should have any greater say in "these kinds of services which
now include senior care." He asked if [the Alaska Commission on
Aging] is the only commission "dealing with those problems."
Number 2536
MR. LAL responded that [the Alaska Commission on Aging] is the
main commission. He added, "Under the statute ..., this is also
the only commission that is responsible for [the] planning and
administration of the senior services." He noted that there may
be other commissions that may have the authority to deal with
aspects of issues that concern the senior citizens - for
example, the Alaska Pioneers' Home advisory board would address
issues specific to those facilities. However, [the Alaska
Commission on Aging] is the one commission that has
comprehensive responsibilities for planning services. He added,
"Most of those are listed under the Older Americans Act."
MR. LAL offered some examples of recommendations the commission
recently gave to the director of the Division of Senior [&
Disability] Services. He stated that there is a lot that goes
on that, in the absence of the Alaska Commission on Aging, would
certainly have to be delegated to some staff function within the
Department of Health & Social Services. As a citizens' group,
he said, the commission certainly can be [the legislators'] eyes
and ears. He proffered that in the absence of such a public
advocacy group there probably would not be a full understanding
of what's happening in the public.
Number 2661
REPRESENTATIVE GRUENBERG stated that a number of Alaskans are
concerned about the cuts that have, possibly unfairly, fallen on
the backs of the seniors, and they do not want to see that
process perpetuated. He said he is wondering what the role of
the commission could be to ensure that that doesn't happen
again. He questioned whether the statutory framework for the
commission should be reviewed to see if the commission could be
"given some authority in this area."
Number 2759
MR. LAL noted that although there has been some loss of funds
for senior services, the saving grace is that federal receipts
have not been reduced. The state must produce "a certain amount
of match" to receive those funds, which is something he said the
state is quite capable of doing. He continued as follows:
I do believe that the seniors in the community have
been concerned about ... lack of services in some
areas. There are some that were provided in FY 04,
which I am assured by the division director and others
... that they would certainly be maintained at that
level. But, the senior population is one of your
fastest growing populations. And in light of that, a
provision has to be made ahead of time ... for
expansion of services, and certainly not reduction in
any way. So, please keep that in mind.
And I think the [Alaska] Commission on Aging does
serve a very significant function in highlighting some
of those needs through its planning process and
through the review of the plan every ... year, and
every two [to] three years. So, that's a document
that certainly is of value, if you are the one ...
looking at what is available and what needs to be made
available to fully address the needs of the seniors.
Number 2833
REPRESENTATIVE GRUENBERG offered his understanding that there is
no requirement that any cuts like the longevity bonus, or
implementation of things like senior care, be done through the
commission and integrated into the plan. He stated that he
would like [the commission] to consider whether there should be
such a requirement.
MR. LAL said the commission would consider that at its next
meeting.
Number 2867
MS. RECCHIA noted that a commission meeting would take place on
February 18-20 at the Prospector Hotel.
Number 2890
MS. DARLIN, regarding the meeting, said, "They will be traveling
that Tuesday."
Number 2900
CHAIR WEYHRAUCH announced that HB 394 was heard and held.
HB 319-REMOTE REC.CABIN SITE SALES/LOTTERY SALE
Number 2934
CHAIR WEYHRAUCH announced that the next order of business was
HOUSE BILL NO. 319, "An Act relating to the disposal of state
land by lottery; and relating to the disposal, including sale or
lease, of remote recreational cabin sites."
Number 2970
JIM POUND, Staff to Representative Hugh Fate, Alaska State
Legislature, testifying on behalf of Representative Fate,
sponsor, noted that the committee is looking at [the original
bill version]. He indicated that there would be an amendment
entitled H.2.
TAPE 04-14, SIDE B
Number 2987
The committee took an at-ease from 8:50 a.m. to 8:51 a.m.
CHAIR WEYHRAUCH turned to an amendment in the committee packet
labeled, 23-LS0477\H.1, Bullock, 1/30/04. He stated his
understanding that there had been no objection to the first
three lines of the amendment during a prior hearing on HB 319.
[Although H.1 had been adopted in its entirety as Amendment 1
during the House State Affairs Standing Committee meeting on
2/3/04, the committee addresses it as if it had not been adopted
at the prior hearing.]
REPRESENTATIVE GRUENBERG asked if [the separate issues addressed
in Amendment 1, H.1] could be divided into Amendment 1A, [1B,
1C, et cetera].
CHAIR WEYHRAUCH responded, "Yeah, I think so, except this is
really going to confuse the record." He asked Mr. Pound if he
had any suggestions on "how you want to deal with all this."
Number 2931
MR. POUND, in response, pointed out that the part of H.1 and H.2
that addresses page 3, line 2, and page 3, line 5, is the same,
while the text referring to page 3, lines 9-12 is "different, so
that we define high mineral value."
CHAIR WEYHRAUCH suggested that the committee define Amendment 1
as [including only] the first 7 lines of the amendment labeled
H.1. Therefore, Amendment 1 read as follows:
Page 3, line 2:
Delete "12"
Insert "24"
Page 3, line 5, following "private sale":
Insert "under (g) of this section"
CHAIR WEYHRAUCH clarified that meant that lines 7 through 21
[numbered on the committee's copy of the amendment] were
deleted.
Number 2890
CHAIR WEYHRAUCH announced that Amendment 1 was adopted without
objection.
Number 2860
CHAIR WEYHRAUCH turned to the amendment in the committee packet
labeled, 23-LS0477\H.2, Bullock, 2/6/04, which he called
Amendment 2. [At the prior House State Affairs Standing
Committee meeting, the committee had adopted a conceptual
amendment offered by Mr. Pound, which they also called Amendment
2.]
CHAIR WEYHRAUCH clarified that the new Amendment 2 would only
include the language regarding page 3, lines 9-12, which read as
follows:
Page 3, lines 9 - 12:
Delete all material and insert:
"(1) prepare a schedule of land offerings under this
section and identify the parcels for disposal each
year; the land offerings may not include mineral land
selected by the state or lands identified by the
department as having a high mineral potential; the
department's identification of land having a high
mineral potential shall be based on standards adopted
by the department in regulations and shall include
consideration of a geophysical survey or geological
evaluation, if any, that was conducted within 15
calendar years before the year for which the schedule
is prepared; and"
Number 2781
CHAIR WEYHRAUCH moved [the new] Amendment 2 "for discussion
purposes."
REPRESENTATIVE GRUENBERG objected for discussion purposes.
Number 2745
MR. POUND explained that [the new] Amendment 2 would give the
department the authority to come up with a definition for high
mineral potential.
REPRESENTATIVE GRUENBERG asked if the department adopts
regulations in accordance with the Administrative Procedure Act
(APA).
NANCY WELCH, Special Assistant, Office of the Commissioner,
Department of Natural Resources (DNR), answered yes.
Number 2685
REPRESENTATIVE SEATON said it seems that [the new Amendment 2]
would change the nomination process to the department nominating
parcels that will be available for disposal. He asked if he is
interpreting that correctly and if that change is intended or
not.
REPRESENTATIVE GRUENBERG said it looks like it is simply a
stylistic change, because the phrase "and identify the parcels
for disposal each year" was at the end of the paragraph in H.1
[in its original form from the 2/3/04 hearing], whereas in [H.2
- the new Amendment 2] it appears near the beginning of the
paragraph.
Number 2604
CHAIR WEYHRAUCH remarked that the language [in the new Amendment
2] seems to contemplate the schedule being prepared every year.
He said he is not certain that DNR needs to do that every year,
and he asked if the language could reflect that the schedule
could be prepared "from time to time."
MR. POUND indicated that there would be an Amendment 3, and he
said, "For the language that is being composed, if that were to
be approved by the committee, they would ... ultimately be [on]
a year to year basis anyway."
Number 2572
MS. WELCH said [DNR] doesn't actually prepare a schedule of land
offerings, but the brochures and public notices that it does
produce as part of its annual land sales could be considered
"such a document."
REPRESENTATIVE GRUENBERG said it seems to him that if the
department decided not to offer any land one year, it could just
say so.
MR. POUND said that's correct.
[HB 319 was heard and held.]
ADJOURNMENT
Number 2522
The House State Affairs Standing Committee took an at-ease at
9:01 a.m. in order to prepare for the overview. [For the
overview by the Division of Elections, see the 9:08 a.m. minutes
for this date.]
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