Legislature(1997 - 1998)

01/23/1997 03:32 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                 SENATE STATE AFFAIRS COMMITTEE                                
                        January 23, 1997                                       
                            3:32 p.m.                                          
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Lyda Green, Chairman                                                  
 Senator Jerry Ward, Vice-chair                                                
 Senator Jerry Mackie                                                          
 Senator Mike Miller                                                           
 Senator Jim Duncan                                                            
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 None                                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 22                                                            
 "An Act relating to qualifications for appointment to the Board of            
 Game."                                                                        
  MOVED SB 22am OUT OF COMMITTEE                                               
                                                                               
 SENATE BILL NO. 35                                                            
 "An Act relating to management of state land, water, and land and             
 water as part of a state park, recreational or special management             
 area, or preserve; relating to reports to the legislature                     
 concerning prohibitions or restrictions of traditional means of               
 access for traditional recreational uses within a park,                       
 recreational or special management area, or preserve; relating to             
 Chilkat State Park."                                                          
  MOVED SB 35am OUT OF COMMITTEE                                               
                                                                               
 SENATE JOINT RESOLUTION NO. 7                                                 
 Supporting continued funding of the Alaska National Guard Youth               
 Corps Challenge Program.                                                      
  MOVED SJR 7 OUT OF COMMITTEE                                                 
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 No previous Senate committee action.                                          
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Senator Bert Sharp                                                            
 Alaska State Capitol                                                          
 Juneau, Alaska  99801-1182                                                    
  POSITION STATEMENT:   Sponsor of SB 22                                       
                                                                               
 Wayne Regelin, Director                                                       
 Division of Wildlife Conservation                                             
 Department of Fish and Game                                                   
 PO Box 25526                                                                  
 Juneau, AK  99802-5526                                                        
  POSITION STATEMENT:   Commented on SB 22                                     
                                                                               
 Mr. Lynn Levengood                                                            
 9315   Way                                                                    
 Fairbanks, AK                                                                 
  POSITION STATEMENT:   Supports SB 22                                         
                                                                               
 Kevin Saxby                                                                   
 Assistant Attorney General                                                    
 Department of Law                                                             
 1031 W 4th, Suite 200                                                         
 Anchorage, AK  99501                                                          
  POSITION STATEMENT:   Commented on SB 22                                     
                                                                               
 Bill Hagar                                                                    
 431 Gaffey                                                                    
 Fairbanks, AK                                                                 
  POSITION STATEMENT:   Supports SB 22                                         
                                                                               
 Steve Wells                                                                   
 Alaska Wildlife Alliance                                                      
 PO Box 202022                                                                 
 Anchorage, AK  99520                                                          
  POSITION STATEMENT:   Opposes SB 22                                          
                                                                               
 Ralph Seekins                                                                 
 1625 Old Steese Highway                                                       
 Fairbanks, AK  99701                                                          
  POSITION STATEMENT:   Supports SB 22                                         
                                                                               
 Jane Winegar                                                                  
 Legislative Aide                                                              
 Alaska State Capitol                                                          
 Juneau, Alaska  99801-1182                                                    
  POSITION STATEMENT:   Testified for sponsor of SB 35                         
                                                                               
 Ken Erickson                                                                  
 Legislative Aide                                                              
 Alaska State Capitol                                                          
 Juneau, Alaska  98901-1182                                                    
  POSITION STATEMENT:   Commented on SB 35                                     
                                                                               
 Jim Stratton, Director                                                        
 Division of Parks & Outdoor Recreation                                        
 Department of Natural Resources                                               
 3601 C St., Suite 1200                                                        
 Anchorage, AK  99503-5921                                                     
  POSITION STATEMENT:   Commented on SB 35                                     
                                                                               
 Susan Olson                                                                   
 1119 G St.                                                                    
 Anchorage, AK                                                                 
  POSITION STATEMENT:   Opposes to SB 35                                       
                                                                               
 Elizabeth Hatton                                                              
 HC 52 Box 8900                                                                
   , AK                                                                        
  POSITION STATEMENT:   Opposes to SB 35                                       
                                                                               
 Roy Burkhart                                                                  
 PO Box 204                                                                    
 Willow, AK  99688                                                             
  POSITION STATEMENT:   Supports SB 35                                         
                                                                               
 Steve Morgheim                                                                
 2440 E. Tudor #792                                                            
 Anchorage, AK  99507                                                          
  POSITION STATEMENT:   Supports SB 35                                         
                                                                               
 Leonard Haire                                                                 
 P.O. Box 879030                                                               
                                                                               
  POSITION STATEMENT:   Supports SB 35                                         
                                                                               
 Dan Elliott II                                                                
 Mat Su Advisory Board                                                         
 Talkeetna, AK                                                                 
  POSITION STATEMENT:   Commented on SB 35                                     
                                                                               
 Jane Angvik, Director                                                         
 Division of Land                                                              
 Department of Natural Resources                                               
 3601 C St., Suite 1122                                                        
 Anchorage, AK  99503-5947                                                     
  POSITION STATEMENT:   Commented on SB 35                                     
                                                                               
 Cliff Eames                                                                   
 519 W 8th, #201                                                               
 Anchorage, AK  99501                                                          
  POSITION STATEMENT:   Commented on SB 35                                     
                                                                               
 Craig Lyon                                                                    
 121 W. Fireweed #250                                                          
 Anchorage, AK  99503                                                          
  POSITION STATEMENT:   Supports SB 35                                         
                                                                               
 Don Sherwood                                                                  
 1640 Brink Dr.                                                                
 Anchorage, AK  99504                                                          
  POSITION STATEMENT:   Supports SB 35                                         
                                                                               
 Jerry Burnett                                                                 
 Legislative Aide                                                              
 Alaska State Capitol                                                          
 Juneau, Alaska  99801-1182                                                    
  POSITION STATEMENT:   Testified for sponsor of SJR 7                         
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 97-1, SIDE A                                                             
 Number 00                                                                     
                                                                               
  CHAIRMAN LYDA GREEN  called the Senate State Affairs Committee               
 meeting to order at 3:32 p.m. and announced the presence of                   
 Senators Duncan, Ward, and Miller.  The first order of business               
 before the committee was SB 22.                                               
              SB  22 BOARD OF GAME QUALIFICATIONS                             
                                                                               
  SENATOR BERT SHARP,  sponsor of SB 22, gave the following overview.         
 SB 22 amends required qualifications for appointees to the Board of           
 Game by additionally requiring nominees to have held an Alaskan               
 hun  ting or trapping license, or a permanent ID card (if over 60           
 years old), during each of the five years immediately preceding               
 appointment to the board.  This requirement would provide improved            
 assurance of interest fostered by past involvement in utilization             
 of the game resource, and understanding of the dynamics of arctic             
 game resource management.  Several other states require the license           
 qualification for appointment to state wildlife boards or advisory            
 boards.  He suggested the following amendment for the committee's             
 consideration:                                                                
  Page 1, line 11, change the word "resident" to "Alaskan."                    
 He explained an "Alaskan" hunting or trapping license can be                  
 obtained by a resident or non-resident.  The purpose of the                   
 suggested amendment is to avoid a residency challenge.                        
                                                                               
 Number 062                                                                    
                                                                               
  WAYNE REGELIN , director of the Division of Wildlife Conservation,           
 Department of Natural Resources (DNR), asked the committee to                 
 consider the following points.  There are many different user                 
 groups in Alaska interested in wildlife management and almost all             
 want representation on the Board of Game.  Although most of the               
 issues that come before the Board of Game do involve hunting                  
 regulations, such as setting seasons and bag limits, and it is                
 logical that most members be hunters,  wildlife management affects            
 many groups.  He questioned whether SB 22 conflicts with AS 16.05             
 which establishes the board and specifies members are to be                   
 appointed on the basis of their interest in wildlife, good                    
 judgment, and knowledge and ability, with a view to providing                 
 diversity of interests and points of view in membership.  He                  
 suggested requiring applicants to have held an Alaskan hunting                
 license for three of the previous five years since many hunters do            
 not hunt every year.  Additionally, many women involved in hunting            
 and trapping activities in Alaska, who do not purchase licenses               
 because they do not actually kill game, would be disqualified under           
 SB 22.                                                                        
                                                                               
 Number 130                                                                    
                                                                               
  CHAIRMAN GREEN  questioned how many Board of Game members have never         
 had hunting or trapping licenses.   MR. REGELIN  was unsure.  He              
 recalled Ann Ruggles was a board member but he was unsure whether             
 she ever purchased a hunting license even though she was involved             
 in hunting activities with her husband.                                       
                                                                               
 Number 197                                                                    
                                                                               
  CHAIRMAN GREEN  took the following testimony via teleconference.             
                                                                               
  LYNN LEVENGOOD  testified in support of SB 22.  The game resource is         
 worth billions of dollars, yet those responsible for managing it              
 are not required to have any expertise or knowledge in that area.             
 To appoint board members with only a casual interest in the                   
 resource is not well reasoned.  He suggested additionally requiring           
 all nominees to have served at least one full term on a local fish            
 and game advisory committee.  Nominees would then understand the              
 process and have demonstrated their sincere interest in sitting on            
 such an important board.  He urged committee members to pass SB 22            
 with the additional local advisory board membership requirement.              
                                                                               
 Number 198                                                                    
                                                                               
  KEVIN SAXBY , Assistant Attorney General assigned to representing            
 the Board of Game and SB 22, pointed out if the amendment suggested           
 by Senator Sharp is not adopted, SB 22 does raise constitutional              
 concerns.  As currently written, SB 22 contains a six year                    
 residency requirement since one year of residency is required prior           
 to obtaining a resident license.  That requirement raises both                
 privileges and immunities, and equal protection, concerns.                    
 Durational residency requirements are not, per se, invalid, but               
 undergo a lot of scrutiny, especially one of this length.                     
                                                                               
  BILL HAGAR  testified in favor of SB 22 and agreed with Mr.                  
 Levengood's suggestion to additionally require membership on a                
 local fish and game advisory committee.  The knowledge required to            
 understand the board process is very extensive.                               
                                                                               
 Number 239                                                                    
                                                                               
  STEVE WELLS , representing the Alaska Wildlife Alliance, testified           
 in opposition to SB 22.  The Board of Game process is a legally               
 mandated public process for establishing wildlife regulations in              
 the state.  Wildlife is a public resource and belongs to the public           
 at large.  The broad public interest in wildlife management is                
 protected by the common use clause of the Alaska Constitution.  Not           
 all Alaskans hunt, but that does not diminish their interest in how           
 wildlife is managed.  SB 22 contradicts itself by stating that                
 appointments provide a diversity of interests yet restricts                   
 appointments to those with hunting licenses.  Such a requirement              
 makes for a diversity of hunting interests, not a diversity of                
 public interests.                                                             
                                                                               
  RALPH SEEKINS  stated many groups have voiced strong goals to                
 eliminate all hunting by humans.  That goal is close to being met             
 with less than 3 percent of the annual harvestable surplus being              
 taken by humans for families.  SB 22 does not require nominees to             
 hunt, but requires nominees to purchase a hunting license to help             
 pay for wildlife management.  Licensed hunters pay their way, and             
 have the only vested interest in the resource.  The Board of Fish             
 is primarily comprised of commercial fishers; game should be                  
 managed similarly.  His goal is to return Alaska to an abundance of           
 wildlife, which directly conflicts with the "ecosystem, non-human             
 use" advocates.  Alaska needs board members who will bring an                 
 abundance back to Alaska; SB 22 is a step in that direction.                  
                                                                               
 There was no further teleconference testimony on SB 22.                       
                                                                               
  SENATOR ROBIN TAYLOR , cosponsor of SB 22, stated the intent of the          
 legislation is to require some qualification for the membership of            
 the board of game: to date there is none other than that one must             
 be an Alaskan resident.  Much of DFG's budget is dependent on the             
 collection of license fees from the users of the resources.                   
 Nothing has prevented other members of the public from voluntarily            
 purchasing licenses or making contributions to assist in resource             
 management, yet those people want to tell DFG how to manage fish              
 and game resources.  It's time nominees for the Board of Game be              
 required to demonstrate a true interest in the resource.                      
                                                                               
 Number 305                                                                    
                                                                               
  SENATOR MACKEY  moved to adopt the amendment suggested by Senator            
 Sharp which changes the word "resident" to "Alaskan" on page 1,               
 line 11.  There being no objection to the motion, the amendment was           
 adopted.                                                                      
                                                                               
 Number 309                                                                    
                                                                               
  SENATOR MILLER  moved SB 22 as amended and accompanying fiscal notes         
 out of committee with individual recommendations.  There being no             
 objection, the motion carried.                                                
        SB  35 MANAGEMENT OF PARKS & RECREATIONAL AREAS                       
                                                                              
  JANE WINEGAR , legislative aide to Senator Green, sponsor of SB 35,          
 stated SB 35 is a citizens' access bill.  SB 35 is identical to SB
 230, except for the removal of the Denali Park issue.  It passed              
 the Senate 17-3 and the House 33-7 during the Nineteenth                      
 Legislature but was vetoed by Governor Knowles.  SB 35 addresses              
 citizens' concerns about access on state lands and waters for                 
 recreational uses.  The State of Alaska mandates that all closures            
 over 640 acres be legislatively designated.  Lands under that                 
 acreage are designated without the representation of Alaskans.  The           
 Division of Parks has chosen to close areas to recreational access            
 without notification or proper justification.  SB 35 would require            
 the Division of Lands to provide to the Legislature an annual                 
 report describing how all state lands are being designated.                   
                                                                               
  SENATOR MACKIE  asked for an explanation of the changes being made           
 to Chilkat State Park under SB 35.                                            
                                                                               
 Number 352                                                                    
                                                                               
  KEN ERICKSON , former staffer to Senator Pearce, explained Section           
 3 of SB 35 adds slightly less than three acres of land to Chilkat             
 State Park.  That land was purchased with federal funds by DNR in             
 the late 1970's, then transferred to the Division of Parks with               
 ILMAs (Interagency Land Management Agreements).  That acreage                 
 requires management under Chilkat State Land Authority (AS                    
 41.21.110-113) because it was purchased with federal funds.  SB 35            
 mandates that land acquired by the Division of Parks via ILMA be              
 managed under a different statute.  DNR is thus faced with                    
 purchasing similar land at 1997 prices, or adding the affected land           
 to the park itself.  SB 35 resolves that dilemma by statutorily               
 adding the affected land to the park.                                         
                                                                               
  SENATOR MACKIE  asked whether the expansion of Chilkat State Park            
 was requested by DNR.   MR. ERICKSON  replied it was requested by the         
 Division of Parks.                                                            
                                                                               
 Number 367                                                                    
                                                                               
  JIM STRATTON , director of the Division of Parks and Outdoor                 
 Recreation, DNR, testified via teleconference, stating the Division           
 is not opposed to the intent of SB 35, specifically the reporting             
 language, however it is concerned that Section 2 could be                     
 interpreted to only allow legislatively established parks to become           
 part of the park system.  This would essentially "de-park" about 80           
 ILMA established units in the park system.  All 80 units are less             
 than 640 acres; they average about 87 acres each.  These ILMA units           
 are primarily road accessible campgrounds, fishing access areas,              
 parking lots, trailheads, boat launch ramps, picnic areas and other           
 roadside recreational or park attractions.  It is important these             
 units remain part of the park system because park system                      
 regulations allow for the collection of fees which accounts for               
 about 40 percent of the Division of Parks' budget.  He submitted an           
 amendment to Senator Green's staff which rewords that section to              
 clarify the intent of Section 2.  The Division of Parks is further            
 concerned there are three legislatively created units in the park             
 system, Chugach State Park, Kenai River Special Management Area,              
 and Point Bridgette State Park, whose enabling legislation                    
 specifically allows for administrative expansion.  While SB 35 does           
 not specifically remove that authority, it clouds it.                         
                                                                               
  SENATOR MACKIE  requested a copy of Mr. Stratton's proposed                  
 amendment.                                                                    
                                                                               
  CHAIRMAN GREEN  asked Mr. Stratton to read the proposed amendment.           
  MR. STRATTON  stated his proposed amendment would completely replace         
 Section 2 as follows:                                                         
                                                                               
 Notwithstanding (a)(3) of this section, the department may not               
 administratively expand the boundaries of those parks, areas,                 
 and preserves legislatively established under AS 41.21.110-                   
 41.21.630, except for those parks which specifically allow for                
 such expansion under AS 41.21.110-41.21.630.                                  
                                                                               
  CHAIRMAN GREEN  stated she did not intend to offer the proposed              
 amendment.                                                                    
                                                                               
 Number 419                                                                    
                                                                               
  SENATOR DUNCAN  asked if Mr. Stratton's first concern is that even           
 though language in the enabling legislation of the three parks                
 allows for administrative expansion, that expansion might be                  
 prohibited under SB 35.   MR. STRATTON  replied affirmatively.                
                                                                               
  SENATOR DUNCAN  asked if Mr. Stratton's second concern was that SB
 35 might prohibit the collection of user fees on the smaller units            
 managed by the Division of Parks.   MR. STRATTON  replied                     
 affirmatively, and explained Section 2 could be interpreted as                
 preventing the Division of Lands from managing any unit of the park           
 system if the land was not legislatively designated as such.  Since           
 most roadside areas are administratively created, they would drop             
 out of the park system and no longer be under the jurisdiction of             
 park regulations governing fees.                                              
                                                                               
  SENATOR DUNCAN  asked if those two concerns lead to the veto of the          
 legislation last year.   MR. STRATTON  replied affirmatively.                 
                                                                               
 SENATOR DUNCAN  asked Senator Green why the Legislature would want            
 to take action that could jeopardize the state's ability to collect           
 user fees that support the Division of Parks' budget and allow for            
 better management.                                                            
                                                                               
  CHAIRMAN GREEN  responded she understood the veto language pertained         
 to Sections 4-5 in SB 230, which dealt with Denali Park.  Those two           
 sections have been omitted from SB 35.  Additionally, there is a              
 question as to whether the Division of Parks' concerns are as                 
 legitimate as proposed.                                                       
 Number 443                                                                    
                                                                               
  SENATOR MACKIE  believed the Division of Parks' suggestions to be            
 reasonable, especially if the inclusion of those suggestions might            
 prevent another veto.  He asked for clarification of any problems             
 associated with the proposed amendment.                                       
                                                                               
  MR. ERICKSON  reviewed action taken on SB 230 at this time last              
 year.  One of the primary reasons for introduction of SB 230 was an           
 administrative closure at Blair Lake.  The closure upset many user            
 groups in that area.  That parcel of land is an ILMA: it is less              
 than 640 acres.  Under existing statute, the director can                     
 independently determine what happens on that parcel.  By requiring            
 future actions on ILMA's to undergo some sort of scrutiny,                    
 legislative review will occur.  That is the question central to SB
 35.                                                                           
                                                                               
  SENATOR MACKIE  asked if a boat launch existed in the middle of a            
 park, but was not part of the park, the Division of Parks could               
 close the boat ramp even though it is not an official part of the             
 park under current law.   MR. ERICKSON  replied if the park is under          
 640 acres, the Division of Parks could do so.                                 
                                                                               
 Number 471                                                                    
                                                                               
  MR. STRATTON  clarified if the boat launch is not part of the park,          
 but is on other state land, the Division of Parks would have no               
 authority over the boat launch.   He explained Blair Lake was added           
 to Denali Park via an ILMA.  The previous Legislature's concern               
 centered on the expansion of Denali Park because regulations                  
 governing Denali Park then applied to Blair Lake.   He understood             
 the intent of Section 2 of SB 35 to be to prevent the Division of             
 Parks from taking that sort of action again.  Eight or nine park              
 units exist that do not have statutory language addressing the                
 issue of expansion.  Several units have language specifically                 
 prohibiting expansion and three specifically allow for expansion.             
 His intent in offering the proposed amendment is to clarify the               
 specific prohibitions so that the Division's ability to manage                
 other units by themselves is not clouded, such as an 80 acre unit             
 along the highway not attached to a legislatively created unit.               
                                                                               
  SENATOR MACKIE  asked why Section 2 of SB 35 would create a problem          
 for the Division of Parks if it makes no changes to current                   
 practices.   MR. STRATTON  repeated Section 2 could be interpreted to         
 mean if there is a boat launch ramp not anywhere near an existing             
 park, and the boat launch ramp is transferred to the Division                 
 through an ILMA, it would become a unit of the park system.                   
                                                                               
  SENATOR MACKIE  did not believe the proposed amendment adequately            
 addresses the problem, and suggested drafting a new section for the           
 sponsor's review.   MR. STRATTON  clarified he is concerned the               
 restriction in Section 2 would spread beyond the ILMAs not                    
 connected to legislatively created parks.  He understood the intent           
 of Section 2 was to prevent the Division from taking something the            
 Legislature had created and expanding it.  His concern is that                
 Section 2 will apply to roadside units that are part of the park              
 system, but will require legislative action in the future.                    
                                                                               
  SENATOR GREEN  questioned whether the problem is a matter of                 
 semantics.   MR. STRATTON  believed it is and noted he and Mr.                
 Erickson agreed on the intent of the language in SB 230, however              
 a different legal interpretation triggered the veto.  He offered to           
 work with staff on the proposed amendment.   SENATOR GREEN  agreed.           
                                                                               
 Number 515                                                                    
                                                                               
  CHAIRMAN GREEN  took teleconference testimony on SB 35.                      
                                                                               
  SUSAN OLSON  testified in opposition to SB 35, in particular to the          
 definitions included in the bill.  She questioned who would                   
 determine what "historical" means, and what a "proper pattern of              
 use" is.  SB 35 is an attempt at micro-management by the                      
 Legislature, and will not provide for an appropriate method of                
 dealing with user conflicts.                                                  
                                                                               
  ELIZABETH HATTON  agreed with Ms. Olson's testimony and added parks          
 should be managed in the public interest, which includes many                 
 interests.  An Economic Development Council study found only 12               
 percent of Anchorage householders use snow machines, and that 80+             
 percent seek quiet parks recreation.  SB 35 is directed at the 12             
 percent of users; not the general public.                                     
                                                                               
 Number 553                                                                    
                                                                               
  LYNN LEVENGOOD  discussed a recent attempt by the Division of Parks          
 to adopt regulations to establish exclusive use areas for elitist             
 user groups, even though other uses were not harmful to the                   
 resource.  Those regulations were withdrawn due to public input.              
 Multiple use should be allowed; creating exclusive zones divides              
 Alaskans.  He asked the committee to delete subsection (7) on page            
 2 because it would allow BLM employees to search and seize on and             
 off federal lands.                                                            
                                                                               
  ROY   BURKHART , a board member of the Alaska Boating Association,           
 spoke in support of SB 35.  He asked the committee to request, from           
 the Division of Parks, the number of acres and miles of waterways             
 motorized users are restricted from using, and vice versa.  Park              
 lands are not allocated equally among motorized and non-motorized             
 users.  Non-motorized users have access to motorized areas, yet               
 motorized users cannot use non-motorized areas.                               
                                                                               
 TAPE 97-1, SIDE B                                                             
 Number 00                                                                     
                                                                               
  STEVE MORGHEIM , Executive Director of the Alaska Marine Netters             
 Association, testified in support of SB 35.  He has found Jim                 
 Stratton willing to reach out to motorized users to find out what             
 they want.  Extra pressure on the resource has created a situation            
 of regulation by lock-up.  The Division of Parks' budget continues            
 to be cut which makes decisions even harder to make.  SB 35 will              
 instill confidence in the public by ensuring their voices will be             
 heard.  Passage of SB 35 will help to create a win-win situation.             
                                                                               
  LEONARD HAIRE , President of the Mat-Su Chapter of the Alaska                
 Boating Association, testified in favor of SB 35.                             
                                                                               
  DAN ELLIOTT , President of the Mat-Su State Park Citizen Advisory            
 Board, believed SB 35 will create unnecessary paperwork.  He                  
 questioned how traditional uses will be determined.                           
                                                                               
  BILL HAGAR  testified in support of SB 35.                                   
                                                                               
 Number 528                                                                    
                                                                               
  JANE ANGVIK , Director of the Division of Lands, concurred with Jim          
 Stratton's comments on behalf of DNR.                                         
                                                                               
  SENATOR MACKIE  asked if DNR's concern is not with the intent of SB
 35, but with some of the technical language in the bill, and                  
 whether that concern could be easily addressed during the committee           
 process.   MS. ANGVIK  replied affirmatively.                                 
                                                                               
  CLIFF EAMES,  Alaska Center for the Environment (ACE), testified in          
 opposition to Section 1 of SB 35 because of its intent to favor               
 motorized users over other users.  Serious conflicts developed                
 among Eagle River residents who are seriously concerned about a new           
 snow machine trail in that area, and a proposed snow machine                  
 corridor between Anchorage and Eagle River.  Areas with significant           
 motorized use have already been effectively zoned or allocated as             
 such because motorized use displaces many people who are seeking a            
 quiet experience.                                                             
                                                                               
  CRAIG LYON,  special assistant to the Resource Development Council           
 (RDC), testified in strong support of SB 35.  Access to Alaska's              
 vast lands is a major priority for RDC.                                       
                                                                               
  DON SHERWOOD , President of the Alaska Boating Association (ABA),            
 testified in support of SB 35 as it will provide DNR with a guide             
 to follow.   He suggested adding the language "complete all new               
 existing parks and special management areas" to subsection (14) on            
 page 3.  ABA is tired of management's stand against motorized                 
 users, even though no scientific data proves motorized vehicles are           
 harmful in park areas.                                                        
                                                                               
 Number 485                                                                    
                                                                               
  SENATOR TAYLOR , District A, requested committee members to resist           
 the portion of DNR's proposed amendment     which pertains to the thre        
 specific parks that were legislatively designated.  In creating               
 those parks, the Legislature gave a blank check to the                        
 Administration to expand those parks at any time, with no                     
 parameters.  That blank check needs to be cancelled.  Any new state           
 parks should be created by the Legislature rather than by                     
 bureaucrats.   He questioned Mr. Stratton's opinion that SB 35 will           
 preclude DNR from collecting fees on administratively created areas           
 and suggested obtaining a legal opinion.  He believed such a                  
 problem, if it exists, could be cleaned up with a minor technical             
 change.  He advised the committee to adopt the amendment suggested            
 by Mr. Levengood which would delete the section providing for                 
 cooperation with the U.S. government and its agencies since the               
 U.S. Government has proposed regulations providing federal                    
 enforcement officers with search and seizure opportunities on non-            
 federal park areas, such as state parks.                                      
                                                                               
  SENATOR TAYLOR  noted his surprise at opposition to SB 35 since it           
 only requires the Division of Parks to provide the Legislature with           
 a report.  SB 35 would still allow the Division of Parks to                   
 continue to take action with no public input: it does require those           
 actions to be reported to the Legislature.  He suggested rewriting            
 subsection (14) on page 3 to allow any such actions by the Division           
 of Parks to exist only until the next legislative session, at which           
 time those actions could be affirmed by the Legislature within 60             
 days.                                                                         
                                                                               
  SENATOR TAYLOR  proposed an amendment to prevent closure of park             
 lands to motorized uses by the Department of Fish and Game  unless            
 DFG can prove those uses are causing significant biological harm to           
 wildlife.  The amendment (#1) reads as follows:                               
                                                                               
 Page 1, line 1, following  "Act" :                                            
  Insert " relating to the means of transportation used to                     
 provide access for the taking of game; "                                      
 Page 1, following line 7:                                                     
  Insert a new bill section to read:                                           
   " *Section 1.   AS 16.05.255(a) is amended to read:                         
   (a)  The Board of Game may adopt regulations it considers                   
 advisable in accordance with AS 44.62 (Administrative Procedure               
 Act) for                                                                      
    (1) setting apart game reserve areas, refuges, and                         
 sanctuaries in the water or on the land of the state over which it            
 has jurisdiction, subject to the approval of the legislature;                 
    (2) establishing open and closed seasons and areas                         
 for the taking of game;                                                       
    (3)  establishing the means and methods employed in                        
 the pursuit, capture, taking, and transport of game, including                
 regulations, consistent with resource conservation and development            
 goals, establishing means and methods that may be employed by                 
 persons with physical disabilities;  however, the board may not              
 prohibit or restrict access into an area by a means of                        
 transportation that has historically been used in that area unless            
 the board finds, based on clear and convincing evidence, that the             
 means of transportation has resulted in significant biological harm           
 to the game population for which the means of transportation is               
 being used;"                                                                 
    (4)  setting quotas, bag limits harvest levels, and                        
 sex, age, and size limitations on the taking of game;                         
    (5)  classifying game as game birds, song birds, big                       
 game animals, fur bearing animals, predators, or other categories;            
    (6)  methods, means, and harvest levels necessary to                       
 control predation and competitions among game in the state;                   
    (7)  watershed and habitat improvement, and                                
 management, conservation, protection, use, disposal, propagation,             
 and stocking of game;                                                         
    (8)  prohibiting the live capture, possession,                             
 transport, or release of native or exotic game or their eggs;                 
    (9)  establishing the times and dates during which                         
 the issuance of game licenses, permits, and registrations and the             
 transfer of permits and registrations between registration areas              
 and game management units or subunits is allowed;                             
    (10) regulating sport hunting and subsistence                              
 hunting as needed for the conservation, development, and                      
 utilization of game;                                                          
    (11) taking game to ensure public safety."                                 
                                                                               
 Page 1, line 8:                                                               
  Delete " Section 1."                                                         
   Insert " Sec.2. "                                                           
                                                                               
 Renumber the following bill sections accordingly.                             
                                                                               
 Number 402                                                                    
                                                                               
  SENATOR MILLER  moved adoption of Amendment #1.                              
                                                                               
  SENATOR DUNCAN  asked Mr. Stratton if he had seen Amendment #1.  Mr.         
 Stratton responded most of the areas that come to the Division of             
 Parks administratively are under 100 acres in size.  Those areas              
 are added to the parks for recreational development opportunities.            
 The closures that occur are not for biological reasons, they are              
 for public safety reasons.  For example, dirt bikes might be                  
 prohibited in picnic areas except on roadways.                                
                                                                               
  SENATOR TAYLOR  clarified Amendment #1 only relates to the Board of          
 Game under Title 16; it does not relate to the Division of Parks at           
 all.                                                                          
                                                                               
  SENATOR DUNCAN  noted he asked the wrong person the right question.          
 He asked whether there was anyone in the audience who could respond           
 to his question.   SENATOR TAYLOR  offered to answer.                         
                                                                               
 Number 392                                                                    
                                                                               
  SENATOR DUNCAN  cautioned Senator Green, as sponsor of SB 35, that           
 SB 35 could probably survive as written, but may not if many                  
 changes are made.   CHAIRMAN GREEN  thanked Senator Duncan for his            
 advice.                                                                       
                                                                               
  SENATOR MACKIE  asked if there are many incidences in the past where         
 the Board of Game has restricted access, or whether his intent is             
 to prevent such occurrences in the future.   SENATOR TAYLOR  replied          
 there are many instances where the Board of Game has restricted               
 access to vast areas without any biological basis.  Amendment #1              
 establishes the biological basis to be used.                                  
                                                                               
  SENATOR MACKIE  asked if the Board of Game can close areas in a              
 state park.   SENATOR TAYLOR  responded the Board of Game can                 
 restrict methods and means of access, such as snowmachines and                
 four-wheelers.  Under Amendment #1, the Board of Game could only              
 restrict access if a legitimate biological reason exists.                     
                                                                               
  CHAIRMAN GREEN  asked if there was continued objection to Amendment          
 DFG.  He repeated his concern SB 35 might get bogged down with the            
 amendment.  There being no further objection to the adoption of               
 Amendment #1, it was adopted.                                                 
                                                                               
  SENATOR WARD  moved SB 35am with accompanying fiscal notes out of            
 committee with individual recommendations.  There being no                    
 objection, the motion carried.                                                
      SJR  7 AK NAT'L GUARD YOUTH CORPS CHALLENGE PROG                     
                                                                               
  JERRY BURNETT , legislative aide to Senator Phillips, sponsor of the         
 measure, explained SJR 7 supports continued funding for the Alaska            
 National Guard Youth Corps Challenge Program.  This 17 1/2 month              
 program focusses on youth who are statistically at risk.  The                 
 program consists of two parts:  the 22 week military residential              
 phase at Camp Carl at Ft. Richardson and the 12 month post-                   
 residential phase.  The Challenge Program has shown strong success            
 in its first years of operations with 85 percent of its graduates             
 in school furthering their education or working 12 months after               
 graduation from the program.  It was originally funded in FY 94 by            
 the federal government.  The funding is scheduled to end in                   
 September unless reauthorized.                                                
                                                                               
  SENATOR MACKIE  moved SJR 7 out of committee with individual                 
 recommendations.  There being no objection, the motion carried.               
  CHAIRMAN GREEN  adjourned the meeting at 4:47 p.m.                           
                                                                               

Document Name Date/Time Subjects