SB 35 MANAGEMENT OF PARKS & RECREATIONAL AREAS COCHAIR SHARP noted a draft CS was before the committee. SENATOR PHILLIPS MOVED to ADOPT CSSB 35(FIN). Without objection, it was ADOPTED. SENATOR GREEN testified on behalf of the bill. After questions and discussion, COCHAIR PEARCE MOVED for adoption of a zero fiscal note to the CS. Without objection, it was ADOPTED. COCHAIR PEARCE MOVED CSSB 35(FIN) from committee with individual recommendations and a new zero fiscal note. Without objection, CSSB 35(FIN) was REPORTED OUT with a new zero fiscal note by the Senate Finance Committee, a previous fiscal note from Department of Natural Resources (1,100.0), a previous zero fiscal note from DNR, and two previous zero fiscal notes from Department of Fish and Game. COCHAIR SHARP invited Senator Green to address the committee regarding the draft CS which was before them. SENATOR PHILLIPS MOVED to ADOPT CSSB 35(FIN) for the purpose of discussion. Without objection, it was ADOPTED. SENATOR LYDA GREEN, Sponsor, referred to last year's SB 30 which was in response to an attempted closure near Denali Park. There was concern among users with a variety of needs for access to state parks and lands that surround them. SB 30 was subsequently vetoed. Additional attempts at closures of land that were state parks or managed as state parks were made. SB 35 revisits the issue. SENATOR GREEN referenced a previous version that had an expanded definition to include parks, Board of Game and other entities. It was changed back to only parks, but retained the reporting requirement. SENATOR GREEN read page 4, lines 1-10, and spoke of the 90- day allowance, which would in most cases allow for emergency closures for safety or resource management. It gives the legislature the ability to have information so they don't have to react during the interim to closures that are not favored by constituents and that restrict their access to park lands that should be used. She noted that there was no process for public input or way to respond to the previous closures before they were announced. SB 35 addresses that issue. The presence of COCHAIR PEARCE was noted. SENATOR TORGERSON referred to language in a Department of Natural Resources memo dated March 12. SENATOR GREEN stated that the language in the last paragraph was removed from the bill. It left the focus of the bill on state parks. SENATOR PARNELL stated his understanding that closures for public safety were limited to ninety days without legislative approval. He asked why she chose to do that and if Perseverance Trail would be included. SENATOR GREEN believed the trail was a state right-of-way but was unsure if it would be included. SENATOR PARNELL was troubled by the public safety aspect and questioned why it would not be a departmental call. SENATOR GREEN responded that closures for public safety and resource management were legitimate reasons for them to come up for approval by the legislature. SENATOR TORGERSON brought up concerns expressed in a letter regarding the Kenai River Special Management Area for the record. One concern related to limits of boat motor horsepower. He asked if there was any conflict regarding authority to control that. SENATOR GREEN didn't see that SB 35 addressed that issue at all. SENATOR TORGERSON discussed another concern. The Board of Fish gave the local biologists authority to close stream banks to fishing for habitat protection. He thought SB 35 would affect that only if it were being done on a permanent basis. He questioned how many years a ninety-day limit could be imposed or whether it was a one time thing. SENATOR GREEN stated closures were limited to ninety days in a calendar year and there could be repeated closures if not disapproved. SENATOR PARNELL referred to the language on page 4, line 4, "submitted to the legislature for approval" and questioned what kind of approval was anticipated. He also questioned why she liked the affirmative mechanism as opposed to a failure to disapprove as mentioned in the March 12 memo. He could foresee a list of closures being stalled in a committee and never taken up. SENATOR GREEN responded that if the legislature disapproved by passing legislation supported by both bodies, and it was vetoed by the governor, the process would be stopped for another cycle. She felt it was difficult for those not affected by park closures to understand what happens when the changes go out to the constituent base for reasons not cited as public safety or resource management. It restricts multiple-use access. SENATOR PARNELL stated for clarification that even those areas the department closes for public safety reasons have to come before the legislature if they are longer than ninety days. He asked if there was a concern with the department using resource protection as an excuse for closing something or if she just wanted legislative review of everything the department does in the area. SENATOR GREEN responded that public safety and resource protection is such a broad waiver or exception that conceivably anything could fall into that. SENATOR PARNELL was still troubled by the public safety aspect. He didn't believe the department should have to come to the legislature with a long list of public safety closures for approval. He cited Perseverance Trail as an example. SENATOR GREEN reminded him that the bill refers to those areas being managed as state parks, not anything over 640 acres. They are the smaller parcels of DOT property that abut or access a state park. She added that staff informed her there was a list in committee packets of what the bill refers to. SENATOR GREEN briefly discussed the broad window between a closure and eventual approval or disapproval by the legislature, depending on the timing. COCHAIR PEARCE MOVED for adoption of a zero fiscal note to the CS. Without objection, it was ADOPTED. COCHAIR PEARCE MOVED CSSB 35(FIN) from committee with individual recommendations and a new zero fiscal note. Without objection, CSSB 35(FIN) was REPORTED OUT with a new zero fiscal note by the Senate Finance Committee, a previous fiscal note from Department of Natural Resources (1,100.0), a previous zero fiscal note from DNR, and two previous zero fiscal notes from Department of Fish and Game. SENATE BILL NO. 64 "An Act relating to the Shuyak Island State Park."