1 HOUSE BILL 17 "An Act establishing the Department of Natural Resources as the platting authority in certain areas of the state; relating to subdivisions and dedications; and providing for an effective date." REPRESENTATIVE JEANNETTE JAMES noted that last year HB 17 was HB 80 which died in the rush of adjournment. She commented that work on the legislation over the last several years has molded the bill into one that has no opposition. Representative James advised that the proposed legislation is supported by the Department of Natural Resources (DNR), surveyors and all impacted classes of people. HB 17 would bring all of the unorganized boroughs under the purview of DNR as pertaining to platting of real estate. The bill would also clean up the definition problems by defining the word "subdivision" so that all agencies use the same terminology. The Department has specified a time frame in which the plat must be approved or disapproved. If the review is not completed in a timely manner, the plat would be approved by default. Representative James proceeded to address the changes made to the original legislation in the committee substitute. Representative Grussendorf asked if the boroughs and municipalities had been contacted regarding impact of the legislation. Representative James noted that the process would not affect the boroughs or municipalities because they already have their own rules. The only ones affected would be the ones with no platting authority. The law would be relative to a new borough or municipality and the language of the bill would include University lands. She concluded, the purpose of the legislation would be to meet State requirements for monumentation, review and legal access. Representative Foster asked how the legislation would affect patented mining claims. Representative James understood that if at this time they are doing it, they would not have to provide legal access. Under the DNR purview and the proposed legislation, legal access would be required. She advised that the legislation would cover all lands where there is no other platting authority. PATRICK KALEN, PRESIDENT, AMERICAN CONGRESS ON SURVEYING AND MAPPING (ACSM), FAIRBANKS, spoke in support of the proposed legislation. The original bill appeared before the Legislature in 1976. ACSM initially forbade the Department from implementing engineering standards. He commended Representative James for creating a "good" piece of 2 legislation and one which ACSM supports. Representative Foster noted that the fiscal note indicates that revenues raised would pay for the Lands Surveyor Assistant II position. He voiced concern that living in an unorganized borough, those funds would be going to the General Fund. His fear was with future budget cuts, the permitting process would be slowed down. Mr. Kalen replied that a 45 day time limit for filing would be installed. Co-Chair Therriault pointed out that Page #4, Line #3, clarifies that language noting the 45 day filing time limit and that, "the Commissioner 'shall' approve the plat or return it". Co-Chair Therriault asked the difference between last year's fiscal note and the current one. Representative James explained, last year's fiscal note had indicated $64 thousand dollars in receipts and expenses; the current fiscal note requests $73.3 thousand dollars with a start-up request of $21.3 thousand dollars. CAROL CARROLL, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES, DEPARTMENT OF NATURAL RESOURCES, added that the difference between the two notes was directly related to personal services and the funding of the Land Surveyor II position. She was not aware of the position funding requested last year. Representative James pointed out that as the costs have risen, the permit fee was increased. Representative G. Davis asked if the fee would be adjustable depending on the actual costs. Representative James noted that the fee would cover the expenses. Representative J. Davies pointed out that the fees would be received as General Fund receipts. If there were $70 thousand dollars General Fund receipts, under present budget operations, a $70 thousand dollars would need to be cut elsewhere in the budget. Representative James agreed, although, countered that legal challenges addressing subdivisions could "eat" that amount up quickly. She believed that the legislation would provide a savings over the long term. Representative J. Davies commented for the record that this type of receipt should be categorized as designated program receipts so that no other service would be cut from another program. Representative Martin MOVED to report CS HB 17 (RES) out of Committee with individual recommendations and with the accompanying fiscal note. There being NO OBJECTION, it was 3 so ordered. CS HB 17 (RES) was reported out of Committee with a "do pass" recommendation and with a fiscal note by the Department of Natural Resources dated 1/31/97.