Legislature(1993 - 1994)

02/15/1994 03:42 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                   SENATE RESOURCES COMMITTEE                                  
                       February 15, 1994                                       
                           3:42 P.M.                                           
 MEMBERS PRESENT                                                               
 Senator Mike Miller, Chairman                                                 
 Senator Loren Leman, Vice Chairman                                            
 Senator Steve Frank                                                           
 Senator Drue Pearce                                                           
 Senator Dave Donley                                                           
  MEMBERS ABSENT                                                               
 Senator Al Adams                                                              
 Senator Fred Zharoff                                                          
  COMMITTEE CALENDAR                                                           
 SENATE BILL NO. 240                                                           
 "An Act relating to an optional municipal tax credit for costs of             
 certain river habitat protection improvements."                               
 SENATE CONCURRENT RESOLUTION NO. 13                                           
 Relating to the Gold Rush Centennial Decade.                                  
 CS FOR SENATE BILL NO. 217(HES)                                               
 "An Act relating to the University of Alaska and university land,             
 authorizing the University of Alaska to select additional state               
 public domain land, and defining net income from the University of            
 Alaska's endowment trust fund as `university receipts' subject to             
 prior legislative appropriation; and providing for an effective               
  PREVIOUS ACTION                                                              
 SB 240 - See Resources minutes dated 2/4/94 and 2/14/94.                      
 SB 217 - See Health, Education & Social Services minutes dated                
      1/26/94 and 2/2/94.  See Resources minutes dated                         
 SCR 13 - See Resources minutes dated 2/14/94.                                 
  WITNESS REGISTER                                                             
 Leo Oberts                                                                    
 1440 Chinook Ct.                                                              
 Kenai, Ak. 99611                                                              
  POSITION STATEMENT:   Commented on SB 210.                                   
 Senator Sharp                                                                 
 Capitol Building                                                              
 Juneau, Ak. 99801-1182                                                        
  POSITION STATEMENT:   Sponsor of SCR 13.                                     
 Janet McCabe                                                                  
 National Park Service                                                         
 2525 Gambell                                                                  
 Anchorage, Ak. 99501                                                          
  POSITION STATEMENT:   Supported SCR 13.                                      
 Rick Solie                                                                    
 c/o Senator Frank                                                             
 Capitol Building                                                              
 Juneau, Ak. 99801-1182                                                        
  POSITION STATEMENT:   Sponsor of SB 217.                                     
 Brian Rogers                                                                  
 University of Alaska, Fairbanks                                               
 Fairbanks, Alaska                                                             
  POSITION STATEMENT:   Supported SB 217.                                      
 Gerald Gallagher                                                              
 Legislation Liaison                                                           
 Department of Natural Resources                                               
 400 Willoughby                                                                
 Juneau, Ak. 99801                                                             
  POSITION STATEMENT:   Supported SB 217 except for conveyance of oil     l    
 and gas to the University.                                                    
  ACTION NARRATIVE                                                             
  TAPE 94-8, SIDE A                                                            
 Number 001                                                                    
 CHAIRMAN MILLER called the Resources Committee meeting to order at            
 3:42 p.m. and announced  SB 240  (MUNICIPAL TAX CREDIT/HABITAT                
 PROTECTION) to be up for consideration.                                       
 SENATOR PEARCE, sponsor, moved to adopt the CS for SB 240, Cook               
 version J, dated 2/11/94.  There were no objections and it was so             
 She said Section 1 (a) was clarified to stipulate the tax credit is           
 for restoring or protecting fish spawning habitat.  On page 1, line           
 12 "along or" after "habitat".  On page 2, line 10, after "law," "a           
 condition of a permit" was deleted.  On page 2, line 16, after                
 "the" "the mean high tide line" was inserted.  On page 2, line 23             
 language was added saying the ADF&G may establish procedures to be            
 used for certification by regulation.                                         
 She noted there are letters from the Kenai Borough and the Kenai              
 River Special Management Area Advisory Board endorsing the changes.           
 Number 86                                                                     
 SENATOR LEMAN moved to discharge CSSB 210 from Committee with                 
 individual recommendations and with the $0 fiscal note.  There were           
 no objections and it was so ordered.                                          
 LEO OBERTS asked what "ordinary high water" meant on page 1, line             
 13.  He thought it possibly should be deleted.                                
 He said he wasn't getting any consideration in this bill for                  
 keeping his property in its natural state.                                    
 SENATOR PEARCE said the definition of "ordinary high water" is the            
 one used in statutes to be consistent.  The Kenai River is a                  
 special use area and has to be consistent.  She said under present            
 state law, he already has the right to receive conservation                   
 Number 197                                                                    
 up for consideration.                                                         
 SENATOR SHARP, sponsor, said the intent of the resolution is to               
 promote the importance of gold mining in the origin of our state.             
 JANET MCCABE, National Park Service, supported SCR 13.                        
 SENATOR MILLER announced a recess from 4:00 p.m. to 4:03 p.m.                 
 Number 274                                                                    
 SENATOR LEMAN moved to discharge SCR 13 from Committee and                    
 accompanying fiscal note with individual recommendations.  There              
 were no objections and it was so ordered.                                     
 ALASKA) to be up for consideration.                                           
 RICK SOLIE, Aide to Senator Frank, said the two changes made in the           
 proposed CS were the incorporation of an amendment that would not             
 allow the University to select lands that are on the DNR's 5-year             
 oil and gas leasing plan.  The second changes the method of                   
 conveyance, because the survey would be costly.  So they utilized             
 the municipal selection process that is already in statute.                   
 Number 284                                                                    
 SENATOR FRANK moved to adopt the CS to SB 217 and asked for                   
 unanimous consent.  There were no objections and it was so ordered.           
 MR. SOLIE clarified that the University is allowed to take                    
 possession of a claim that is currently being held by a miner, but            
 only after the lease has expired.                                             
 SENATOR FRANK noted that there was no dedication of funds.  This              
 legislation would allow the University to be more equitable with              
 other land grant universities in the United States.                           
 SENATOR PEARCE asked if their lands were in one place or spread out           
 over the state.                                                               
 BRIAN ROGERS, University of Alaska, Fairbanks, said their land is             
 spread throughout the state, although there is very little in the             
 northern and western parts.  He said the University had a much                
 larger land grant, but due to lack of survey, lost that land grant            
 with statehood.  This bill redresses that old wrong.                          
 GERALD GALLAGHER, Department of Natural Resources, responded to the           
 question of mining claims that they would remain under the                    
 management of the DNR. The income stream would continue to flow               
 into the state treasury until the mining claim disappeared or was             
 abandoned.  The University could not come in and change the                   
 He said their one concern with the bill is the conveyance of oil              
 and gas to the University which is not in the best interest of the            
 SENATOR FRANK said he appreciated that concern and reasoned if the            
 University had a windfall, probably the state could step in and               
 take it.  He thought it was the legislature's call.                           
 Number 496                                                                    
 SENATOR FRANK moved to pass SB 217 with fiscal notes and asked for            
 unanimous consent.  There were no objections and it was so ordered.           
 SENATOR MILLER thanked everyone for their participation and                   
 adjourned the meeting at 4:26 p.m.                                            

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