SB 79 ADJUSTMENTS FOR DEFECTIVE SURVEY SENATOR TORGERSON introduced SB 79 as the first order of business. SENATOR STEVE RIEGER, prime sponsor of SB 79, said the legislation was requested by the Municipality of Anchorage and was prompted by situations in the state where old surveys are so far off that the standard judicial remedies for clearing up title aren't practical. SB 79 creates an alternative mechanism for surveys which are labeled "manifestly defective." Senator Rieger explained the procedure in SB 79 allows a resurvey and a replat to be submitted to a judge. The judge reviews the information, including the objections from people who may object to the replat, and then can decree an equitable replat of the area. Because this expands judicial power, there are a number of protections that are built into the legislation. One protection is that the area involved pays the cost; there has to be a special assessment district formed to pay for the resurvey, replat, legal costs, etc. Also, the municipality has to adopt a resolution supporting the procedure. Senator Rieger said in working with the Society of Land Surveyors and the municipal attorney on the legislation, there has been concern expressed because this is breaking new ground. The provision has been put into temporary law and it will apply for three years so that, in a way, it doesn't sunset if it turns out that there are problems that come up as a result of it. Number 075 SENATOR R. PHILLIPS asked what the difference was between last year's legislation that failed to pass the legislature and SB 79. SENATOR RIEGER responded that the bill was totally rewritten and restructured, but he believes that the general procedure being prescribed is the same. SENATOR R. PHILLIPS inquired if other areas of the state are having the same problems as the Municipality of Anchorage. SENATOR RIEGER replied that he is not aware of any other areas. Number 107 SENATOR KELLY asked if the Municipality of Anchorage supports the proposed committee substitute before the committee for its consideration, and SENATOR RIEGER acknowledged that they do. Number 118 SENATOR KELLY moved that CSSB 79(CRA) be adopted. Hearing no objection, the motion carried. Number 125 BOB KEAN, representing the Alaska Society of Professional Land Surveyors and testifying from Cordova, stated support for CSSB 79(CRA). Mr. Kean noted he has surveyed in the Rabbit Creek area of Anchorage and he is very familiar with the problems there. He does not believe there is another way of handling a complex problem of this nature through the existing laws. He pointed out that there are people who cannot sell their homes; they cannot make clear title on them. Even with the people who may have taken steps to resolve some of their property problems, the title companies will still have difficulty in guaranteeing clear title, granting loans, or the like. Number 215 TOM KNOX, Municipal Surveyor for the Municipality of Anchorage, testifying from Anchorage, said in the nine years he has worked with the municipality, he has not had one month go by where he hasn't had at least one property owner from the two plat areas that the bill has basically been drafted to remedy, call him up and discuss the survey problems which they have encountered in trying to either sell their property, or to improve their property, or to replat their property lines to purchase other lots around them. Mr. Knox noted that the municipality has received letters from financial institutions asking them what type of remedy could be applied in order to rectify the situation. Mr. Knox stated his support for the committee substitute. Number 290 GEORGE NEWSHAM, Municipality of Anchorage, testifying from Anchorage, stated CSSB 79(CRA) is a greatly improved version of the legislation that was before the legislature last year. He spoke to major improvements in the legislation such as the requirement that prior to implementing any action a improvement district be formed, and it gives a clearer understanding of what the process will be after an improvement district is formed. Number 330 MIKE HORNE, a registered land surveyor in Anchorage, voiced his support for the committee substitute, as well as the comments of the previous speakers. Number 340 CRAIG SAVAGE, a registered land surveyor testifying from Anchorage, stated his strong opposition to the legislation in its present form. He noted there is not a single similar piece of legislation anywhere else in the U.S. He said the legislation is an attempt to establish a process by which owners can find relief from their impasse, and, so long as they are willing to pay to implement the process that solution is workable, but funding the process through a special assessment is unfair, unnecessarily cumbersome, and will be even more expensive than it needs to be. He added that it is a well-intentioned bill in an attempt to assist people with economic difficulties, but it is unfair because it exacts payment of a share of the cost from owners who may not need help and/or may not want help. Number 415 WILLIAM MENDENHALL, testifying from Fairbanks, stated his basic support for the legislation. Number 425 JOHN BENNETT, President, Alaska Society of Professional Land Surveyors, testifying from Fairbanks, said in recognizing the serious nature of the survey problem, a committee was formed to find out whether or not there were solutions outside of legislative action that would be appropriate. The committee issued their findings and came up with a substitute bill. He said he has been in contact with their board of directors and also the chapters on this matter, and a head count taken yesterday resulted in a 6-6 split as far as support or opposition to the original proposed legislation. However, the new committee substitute has not been reviewed by their committee or any of the their members, so he does not believe that they can support it until they have had an opportunity to fully review it. Number 450 SENATOR TORGERSON asked if the committee substitute adopted by the committee was the same substitute recommended by the Society's committee. SENATOR RIEGER answered that it was except that because of the sunset nature of the bill the drafters were unwilling to put it into the Earthquake Relief Act with that sunset provision. All the parts that are elsewhere that apply were put into this temporary law, so, although the content is the same, the placement is not. Number 460 SENATOR R. PHILLIPS asked what was the main concern of the six people who were opposed to the original legislation and MR. BENNETT responded that basically his head count was of whether they either supported or opposed the general concept of a legislative solution. Number 477 GEORGE STROTHER, Engineering Division Manager, Matanuska-Susitna Borough, testifying from the Mat-Su LIO, stated the committee substitute is much better than the original bill, but he cannot fully support it at this time. He outlined several areas of concern and suggested the bill needs some fine tuning, which would make it more workable, but there are still some other concerns. He reiterated that the committee substitute is better, but he could not support it at this time. Number 558 SENATOR TORGERSON requested that Mr. Strother fax his testimony outlining his areas of concern with the committee substitute, and stated that because C&RA was the only committee of referral, the bill would be held over until the following week so that he could look at his objections to the actual wording in the language of the bill and share that with the sponsor of the bill. He also invited others with areas of concern to forward them to the committee.