News from the Senate Majority

Alaska State Legislature

Wendy Lindskoog, Senate Majority Press Secretary
State Capitol
Juneau, AK 99801-1182
Phone: 907/465-4582
web site: http://www.akrepublicans.org
Broadcast Actualities: 800/478-6540

For Immediate Release: April 18, 1997 Contact: Wendy Lindskoog, 907/465-4582

House Passes Five Senate Reform Measures

SB 8: Impedes Frivolous Lawsuits To Protect Private Airport and Sport Shooting Range Owners

Juneau -- The Alaska House passed legislation Friday by a vote of 36 to 1 to protect the rights of private airport and sport shooting range proprietors against frivolous and unfair noise level lawsuits.

Senator Rick Halford, prime sponsor of SB 8, said this legislation was introduced to provide private airports and sport shooting ranges in Alaska protection from lawsuits. These lawsuits are filed due to the noise level resulting from "normal and lawful operation". This protection would only pertain to facilities established before the person acquired the property or prior to any noise control ordinance or law.

"Airports and shooting ranges offer a public service as well as recreational opportunities," said Halford. "Without the passage of SB 8, these services will remain vulnerable to legal sanctions jeopardizing the opportunities they provide through their ongoing and traditional uses."

SB 8 is endorsed by the National Rifle Association, Alaska Air Carriers Association, the Alaska Outdoor Council, Alaska Boating Association and the Alaska Airmen’s Association.

SB 35: Protects Traditional Rights Of Access On State Lands

Juneau -- By a vote of 22 to 12 the Alaska House passed legislation Friday to protect Alaskans’ rights to access state land traditionally used for recreational purposes.

Senate Bill 35, sponsored by Senator Lyda Green (R-Mat-Su) places the final decision to restrict or prohibit access to State Parks or land managed as a state park in parcels less than 640 acres in the hands of elected officials, not state bureaucrats. Access for many of the activities protected will include aviation, boating, mushing, skiing, snowshoeing and all terrain vehicle use.

"We feel it is good public policy to place more responsibility on legislators and rely more on public input through the legislative process rather than deferring to the bureaucracy when it comes to shutting down traditional access for recreation on many state lands," said Senator Green.

"This bill will require the Department of Natural Resources to justify restrictions on public access before any restrictions become permanent," said Green. We expect Parks to propose a list of acceptable reasons for closure in a bill next year."

SB 41: Promotes Compliance With Environmental Laws

Juneau -- In an effort to improve compliance with environmental laws and regulations, he House passed legislation Friday by a vote of 32 to 4 that establishes incentives for businesses to conduct voluntary audits of their internal operations.

"The goal of this bill is to encourage businesses to identify areas of violation and take measures to correct them," said Senator Loren Leman, sponsor of Senate Bill 41. "A company that discovers an area of noncompliance should be able to report the violation promptly, take corrective action, and work with state regulators to ensure the problem never occurs again."

The first incentive in SB 41 establishes limited immunity to protect businesses from penalties for violations -- as long as certain conditions are met.

• Noncompliance must be reported immediately.
• The entity must take action to correct the problem and prevent its recurrence.
• No off-site damage or on-site injury.
• Violations not knowingly or recklessly committed.
• No history of similar violations or a pattern of disregard for environmental laws.

The second incentive establishes qualified privilege. This makes certain portions of the self-audit reports non-admissible as evidence or subject to discovery.

• Privilege encourages auditing and allows companies to conduct candid interviews with personnel.
• Privilege is not available if asserted fraudulently, or if corrective actions have not been made.

The Senate must concur with minor House amendments before SB 41 is sent to the Governor, who has state his support.

SB 109: Preserves Alaska’s Family Farms

JUNEAU -- The Alaska House passed legislation Friday by a vote of 33 to 3 to give farmers clear ownership of the land they farm and greater latitude in making their individual business decisions.

"I introduced Senate Bill 109 to facilitate freedom for the growth of Alaska agriculture," said bill sponsor Senator Lyda Green (R-Mat-Su). "Agriculture is a thirty million dollar annual renewable resource industry in Alaska that creates new wealth, provides jobs and feeds Alaskans."

Green noted that this legislation will remove unnecessary regulations, allow farmers the option of private financing, promote more offering of agricultural land, allow a limited number of additional home sites on agricultural land and guarantee continued agricultural use of the land. The measure’s key provisions include:

• The State of Alaska will be taken off the title to the land. This will allow farmers the opportunity to finance their operations with private financing.
• Numerous regulations that allowed for bureaucratic micro-management of private farms by the state are repealed.
• Under current law, an original agricultural parcel can be subdivided into any number of parcels as long as they are no smaller than 40 acres. SB 109 would simply add the ability to provide home sites on four of those parcels. There would be no cost to the owner if the land is kept in the family. The state would receive a fee reflecting the home site value from the buyer if sold outside the family.
• Agricultural use would be protected by a perpetual covenant running with the land.

SB 136: Asks Governor to Submit A Complete Budget on December 15

Juneau -- The Alaska House Friday passed legislation 26 to 9 to clarify current law, making the law explicit that the Governor must present all three of his required budget bills on December 15 of each year -- an operating budget bill, a capital budget bill, and a mental health program operating/capital budget bill.

"Although Alaska law requires the Governor to submit his entire budget on December 15, over the years the executive branch has fallen into a bad habit of delaying release of a capital budget for up to several weeks after the beginning of the legislative session," said Senator Bert Sharp, Senate Finance Co-Chair.

"The public and the Legislature are both put behind the eight ball when the capital budget is released late," said Senator Sharp. "The public has less time to review the Governor’s proposal and provide input to the Legislature. In addition, legislators have less time to consider the Governor’s budget and complete their work within a 120 day session."

In addition to reaffirming the Governor’s December 15 budget deadline, Senate Bill 136 will:

• Require each department to report to the Legislature by the 45th day of each regular session the amount of current fiscal year appropriations that the department expects to lapse into the general fund at the end of the current fiscal year.
• Require the Governor to submit budget amendments by the 45th legislative day instead of the 60th day.
• Establish a January 10 deadline for submitting currently required performance reports to the Legislature.

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