AK
Alaska Senate Bill SB199

Alaska 2023-2024 Regular Session

Alaska Senate Bill SB199 Compare Versions

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2-SB0199B -1- CSSB 199(TRA)
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10-CS FOR SENATE BILL NO. 199(TRA)
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11+ SENATE BILL NO. 199
1112
1213 IN THE LEGISLATURE OF THE STATE OF ALASKA
1314
1415 THIRTY-THIRD LEGISLATURE - SECOND SESSION
1516
16-BY THE SENATE TRANSPORTATION COMMITTEE
17+BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
1718
18-Offered: 2/21/24
19-Referred: Resources, Finance
19+Introduced: 1/22/24
20+Referred: Transportation, Resources, Finance
2021
21-Sponsor(s): SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
22+
2223 A BILL
2324
2425 FOR AN ACT ENTITLED
2526
2627 "An Act relating to access roads; relating to state land; relating to contracts for the sale 1
2728 of state land; relating to the authority of the Department of Education and Early 2
2829 Development to dispose of state land; relating to the authority of the Department of 3
29-Transportation and Public Facilities to dispose of state land; relating to the acceptance 4
30-of gifts, donations, and grants by the Department of Natural Resources; relating to 5
31-accounting for certain program receipts; relating to the authority of the Department of 6
32-Natural Resources over certain state land; relating to the state land disposal income 7
33-fund; relating to the sale and lease of state land; relating to covenants and restrictions 8
34-on agricultural land; and providing for an effective date." 9
35-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10
36- * Section 1. AS 14.07.030(a) is amended to read: 11
37-(a) The department may 12 33-GS2634\S
38-CSSB 199(TRA) -2- SB0199B
30+Transportation and Public Facilities to dispose of state land; relating to the authority of 4
31+the Department of Natural Resources over certain state land; relating to the state land 5
32+disposal income fund; relating to the sale and lease of state land; relating to covenants 6
33+and restrictions on agricultural land; and providing for an effective date." 7
34+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 8
35+ * Section 1. AS 14.07.030(a) is amended to read: 9
36+(a) The department may 10
37+(1) establish, maintain, govern, operate, discontinue, and combine area, 11
38+regional, and special schools; 12
39+(2) enter into contractual agreements with the Bureau of Indian Affairs 13 33-GS2634\A
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41-(1) establish, maintain, govern, operate, discontinue, and combine area, 1
42-regional, and special schools; 2
43-(2) enter into contractual agreements with the Bureau of Indian Affairs 3
44-or with a school district to share boarding costs of secondary school students; 4
45-(3) provide for citizenship night schools when and where expedient; 5
46-(4) provide for the sale or other disposition of abandoned or obsolete 6
47-buildings and other state-owned school property; 7
48-(5) prescribe a classification for items of expense of school districts; 8
49-(6) acquire and transfer personal property, acquire real property, and 9
50-transfer an interest in real property according to terms, standards, and conditions 10
51-established by the commissioner [TO FEDERAL AGENCIES, STATE AGENCIES, 11
52-OR TO POLITICAL SUBDIVISIONS]; 12
53-(7) enter into contractual agreements with school districts to provide 13
54-more efficient or economical education services; reasonable fees may be charged by 14
55-the department to cover the costs of providing services under an agreement, including 15
56-costs for professional services, reproduction or printing, and mailing and distribution 16
57-of educational materials; 17
58-(8) provide for the issuance of elementary and secondary diplomas to 18
59-persons not in school who have completed the equivalent of an 8th or 12th grade 19
60-education, respectively, in accordance with standards established by the department; 20
61-(9) apply for, accept, and spend endowments, grants, and other private 21
62-money available to the state for educational purposes in accordance with AS 37.07 22
63-(Executive Budget Act); 23
64-(10) set student tuition and fees for educational and extracurricular 24
65-programs and services provided and schools operated by the department under the 25
66-provisions of (1) of this section and AS 14.07.020(a)(9), (11), and (12); 26
67-(11) charge fees to cover the costs of care and handling with respect to 27
68-the acquisition, warehousing, distribution, or transfer of donated foods; 28
69-(12) establish and collect fees for the rental of school facilities and for 29
70-other programs and services provided by the schools; 30
71-(13) develop a model curriculum and provide technical assistance for 31 33-GS2634\S
72-SB0199B -3- CSSB 199(TRA)
43+or with a school district to share boarding costs of secondary school students; 1
44+(3) provide for citizenship night schools when and where expedient; 2
45+(4) provide for the sale or other disposition of abandoned or obsolete 3
46+buildings and other state-owned school property; 4
47+(5) prescribe a classification for items of expense of school districts; 5
48+(6) acquire and transfer personal property, acquire real property, and 6
49+transfer an interest in real property according to terms, standards, and conditions 7
50+established by the commissioner [TO FEDERAL AGENCIES, STATE AGENCIES, 8
51+OR TO POLITICAL SUBDIVISIONS]; 9
52+(7) enter into contractual agreements with school districts to provide 10
53+more efficient or economical education services; reasonable fees may be charged by 11
54+the department to cover the costs of providing services under an agreement, including 12
55+costs for professional services, reproduction or printing, and mailing and distribution 13
56+of educational materials; 14
57+(8) provide for the issuance of elementary and secondary diplomas to 15
58+persons not in school who have completed the equivalent of an 8th or 12th grade 16
59+education, respectively, in accordance with standards established by the department; 17
60+(9) apply for, accept, and spend endowments, grants, and other private 18
61+money available to the state for educational purposes in accordance with AS 37.07 19
62+(Executive Budget Act); 20
63+(10) set student tuition and fees for educational and extracurricular 21
64+programs and services provided and schools operated by the department under the 22
65+provisions of (1) of this section and AS 14.07.020(a)(9), (11), and (12); 23
66+(11) charge fees to cover the costs of care and handling with respect to 24
67+the acquisition, warehousing, distribution, or transfer of donated foods; 25
68+(12) establish and collect fees for the rental of school facilities and for 26
69+other programs and services provided by the schools; 27
70+(13) develop a model curriculum and provide technical assistance for 28
71+early childhood education programs; 29
72+(14) notwithstanding any other provision of this title, intervene in a 30
73+school district to improve instructional practices under standards established by the 31 33-GS2634\A
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75-early childhood education programs; 1
76-(14) notwithstanding any other provision of this title, intervene in a 2
77-school district to improve instructional practices under standards established by the 3
78-department in regulation, including directing the 4
79-(A) employees identified by the department to exercise 5
80-supervisory authority for instructional practices in the district or in a specified 6
81-school; 7
82-(B) use of appropriations under this title for distribution to a 8
83-district; 9
84-(15) notwithstanding any other provision of this title, redirect public 10
85-school funding under AS 14.17 appropriated for distribution to a school district, after 11
86-providing notice to the district and an opportunity for the district to respond, 12
87-(A) when necessary to contract for services to improve 13
88-instructional practices in the district; 14
89-(B) when the district has failed to take an action required by the 15
90-department to improve instructional practices in the district; if funding is 16
91-redirected under this subparagraph, the department shall provide the redirected 17
92-funding to the district when the department has determined that the required 18
93-action is satisfactorily completed; or 19
94-(C) in accordance with AS 14.07.070, when the district has 20
95-failed to comply with the school laws of the state or with the regulations 21
96-adopted by the department. 22
97- * Sec. 2. AS 19.30.080 is amended to read: 23
98-Sec. 19.30.080. Construction standards and maintenance. An access road 24
99-constructed under AS 19.30.060 - 19.30.100 may [SHALL] be of low standard, not 25
100-necessarily suitable for all weather use. The state is not under obligation to maintain 26
101-an access road constructed under AS 19.30.060 - 19.30.100. If an access road is 27
102-constructed outside a municipality that has zoning ordinances, the right-of-way width 28
103-for the road shall be determined by the division of lands and the Department of 29
104-Transportation and Public Facilities. If an access road under AS 19.30.060 - 30
105-19.30.100 is constructed within the boundaries of a municipality that has zoning 31 33-GS2634\S
106-CSSB 199(TRA) -4- SB0199B
77+department in regulation, including directing the 1
78+(A) employees identified by the department to exercise 2
79+supervisory authority for instructional practices in the district or in a specified 3
80+school; 4
81+(B) use of appropriations under this title for distribution to a 5
82+district; 6
83+(15) notwithstanding any other provision of this title, redirect public 7
84+school funding under AS 14.17 appropriated for distribution to a school district, after 8
85+providing notice to the district and an opportunity for the district to respond, 9
86+(A) when necessary to contract for services to improve 10
87+instructional practices in the district; 11
88+(B) when the district has failed to take an action required by the 12
89+department to improve instructional practices in the district; if funding is 13
90+redirected under this subparagraph, the department shall provide the redirected 14
91+funding to the district when the department has determined that the required 15
92+action is satisfactorily completed; or 16
93+(C) in accordance with AS 14.07.070, when the district has 17
94+failed to comply with the school laws of the state or with the regulations 18
95+adopted by the department. 19
96+ * Sec. 2. AS 19.30.080 is amended to read: 20
97+Sec. 19.30.080. Construction standards and maintenance. An access road 21
98+constructed under AS 19.30.060 - 19.30.100 may [SHALL] be of low standard, not 22
99+necessarily suitable for all weather use. The state is not under obligation to maintain 23
100+an access road constructed under AS 19.30.060 - 19.30.100. If an access road is 24
101+constructed outside a municipality that has zoning ordinances, the right-of-way width 25
102+for the road shall be determined by the division of lands and the Department of 26
103+Transportation and Public Facilities. If an access road under AS 19.30.060 - 27
104+19.30.100 is constructed within the boundaries of a municipality that has zoning 28
105+ordinances, the right-of-way width must [SHALL] conform to the subdivision control 29
106+ordinances of the municipality in the same manner and to the same extent as 30
107+private landowners. Contracts for the work on an access road are governed by 31 33-GS2634\A
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109-ordinances, the right-of-way width must [SHALL] conform to the subdivision control 1
110-ordinances of the municipality in the same manner and to the same extent as 2
111-private landowners. Contracts for the work on an access road are governed by 3
112-AS 36.30 (State Procurement Code). 4
113- * Sec. 3. AS 35.20.070 is repealed and reenacted to read: 5
114-Sec. 35.20.070. Vacating and disposing of land; rights in land. (a) The 6
115-department may vacate an easement acquired for a public works purpose by executing 7
116-and filing a deed in the appropriate recording district. Upon filing, title to the vacated 8
117-rights in land inures to the underlying real property owner in the manner and 9
118-proportion considered equitable by the commissioner and set out in the deed. 10
119-(b) If the department determines that land or rights in land acquired by the 11
120-department are no longer necessary for public works purposes, the department shall 12
121-offer the land to the Department of Natural Resources. If the Department of Natural 13
122-Resources accepts the offer within 45 days after it receives the offer, the department 14
123-shall transfer the land to the Department of Natural Resources. If the Department of 15
124-Natural Resources rejects the offer or fails to accept the offer within 45 days after it 16
125-receives the offer, the offer is terminated and the department may sell, contract to sell, 17
126-lease, or exchange the land according to terms, standards, and conditions established 18
127-by the commissioner. 19
128-(c) Proceeds received from the sale or lease of land under this section shall be 20
129-credited to the funds from which the purchase of the land was originally made. 21
130- * Sec. 4. AS 37.05.146(c) is amended by adding a new paragraph to read: 22
131-(86) gifts, donations, and grants received by the Department of Natural 23
132-Resources under AS 38.05.033. 24
133- * Sec. 5. AS 38.04.022 is amended to read: 25
134-Sec. 38.04.022. State land disposal income fund. (a) The revenue from the 26
135-state land disposal program shall be deposited in the state land disposal income fund in 27
136-the state treasury. On June 30 of each fiscal year, the portion of that fund that exceeds 28
137-$12,000,000 [$5,000,000] shall be deposited in the state general fund. The legislature 29
138-may appropriate money from the state land disposal income fund for expenditure by 30
139-the Department of Natural Resources for necessary costs incurred by the 31 33-GS2634\S
140-SB0199B -5- CSSB 199(TRA)
111+AS 36.30 (State Procurement Code). 1
112+ * Sec. 3. AS 35.20.070 is repealed and reenacted to read: 2
113+Sec. 35.20.070. Vacating and disposing of land; rights in land. (a) The 3
114+department may vacate an easement acquired for a public works purpose by executing 4
115+and filing a deed in the appropriate recording district. Upon filing, title to the vacated 5
116+rights in land inures to the underlying real property owner in the manner and 6
117+proportion considered equitable by the commissioner and set out in the deed. 7
118+(b) If the department determines that land or rights in land acquired by the 8
119+department are no longer necessary for public works purposes, the department may 9
120+(1) sell, contract to sell, lease, or exchange the land according to terms, 10
121+standards, and conditions established by the commissioner; or 11
122+(2) at the request of the commissioner of natural resources, transfer the 12
123+land to the Department of Natural Resources. 13
124+(c) Proceeds received from the sale or lease of land under this section shall be 14
125+credited to the funds from which the purchase of the land was originally made. 15
126+ * Sec. 4. AS 38.04.022 is amended to read: 16
127+Sec. 38.04.022. State land disposal income fund. (a) The revenue from the 17
128+state land disposal program shall be deposited in the state land disposal income fund in 18
129+the state treasury. On June 30 of each fiscal year, the portion of that fund that exceeds 19
130+$12,000,000 [$5,000,000] shall be deposited in the state general fund. The legislature 20
131+may appropriate money from the state land disposal income fund for expenditure by 21
132+the Department of Natural Resources for necessary costs incurred by the 22
133+commissioner in the implementation of state land disposal programs authorized under 23
134+this title or for any other public purpose. 24
135+(b) Within five days after the legislature convenes in regular session, the 25
136+Department of Natural Resources shall notify the legislature that a report reflecting all 26
137+money deposited in the fund established under (a) of this section during the previous 27
138+[PRIOR] fiscal year is available. The report may include a recommendation to 28
139+amend the deposit limit established in (a) of this section. 29
140+ * Sec. 5. AS 38.04.045(b) is amended to read: 30
141+(b) Before the issuance of [A LONG-TERM LEASE UNDER AS 38.05.070 31 33-GS2634\A
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143-commissioner in the implementation of state land disposal programs authorized under 1
144-this title or for any other public purpose. 2
145-(b) Within five days after the legislature convenes in regular session, the 3
146-Department of Natural Resources shall notify the legislature that a report reflecting all 4
147-money deposited in the fund established under (a) of this section during the previous 5
148-[PRIOR] fiscal year is available. The report may include a recommendation to 6
149-amend the deposit limit established in (a) of this section. 7
150- * Sec. 6. AS 38.04.045(b) is amended to read: 8
151-(b) Before the issuance of [A LONG-TERM LEASE UNDER AS 38.05.070 9
152-OR OF] a patent for state land, an official cadastral survey shall be accomplished, 10
153-unless a comparable, approved survey exists that has been conducted by the federal 11
154-Bureau of Land Management. Before land may be offered under AS 38.08 or 12
155-AS 38.09, or before land may be offered under AS 38.05.055 or 38.05.057, except 13
156-land that is classified for agricultural uses, an official rectangular survey grid shall be 14
157-established. The rectangular survey section corner positions shall be monumented and 15
158-shown on a cadastral survey plat approved by the state. For those areas where the state 16
159-may wish to convey surface estate outside of an official rectangular survey grid, the 17
160-commissioner may waive monumentation of individual section corner positions and 18
161-substitute an official control survey with control points being monumented and shown 19
162-on control survey plats approved by the state. The commissioner may not issue more 20
163-than one conveyance for each section within a township outside of an official 21
164-rectangular survey grid. Land to be conveyed may not be located more than two miles 22
165-from an official survey control monument except that the commissioner may waive 23
166-this requirement on a determination that a single purpose use does not justify the 24
167-requirement if the existing status of the land is known with reasonable certainty. The 25
168-lots and tracts in state subdivisions shall be monumented and the cadastral survey and 26
169-plats for the subdivision shall be approved by the state. Where land is located within a 27
170-municipality with planning, platting, and zoning powers, plats for state subdivisions 28
171-shall comply with local ordinances and regulations in the same manner and to the 29
172-same extent as plats for subdivisions by other landowners. State subdivisions shall be 30
173-filed and recorded in the district recorder's office. The requirements of this section do 31 33-GS2634\S
174-CSSB 199(TRA) -6- SB0199B
145+OR OF] a patent for state land, an official cadastral survey shall be accomplished, 1
146+unless a comparable, approved survey exists that has been conducted by the federal 2
147+Bureau of Land Management. Before land may be offered under AS 38.08 or 3
148+AS 38.09, or before land may be offered under AS 38.05.055 or 38.05.057, except 4
149+land that is classified for agricultural uses, an official rectangular survey grid shall be 5
150+established. The rectangular survey section corner positions shall be monumented and 6
151+shown on a cadastral survey plat approved by the state. For those areas where the state 7
152+may wish to convey surface estate outside of an official rectangular survey grid, the 8
153+commissioner may waive monumentation of individual section corner positions and 9
154+substitute an official control survey with control points being monumented and shown 10
155+on control survey plats approved by the state. The commissioner may not issue more 11
156+than one conveyance for each section within a township outside of an official 12
157+rectangular survey grid. Land to be conveyed may not be located more than two miles 13
158+from an official survey control monument except that the commissioner may waive 14
159+this requirement on a determination that a single purpose use does not justify the 15
160+requirement if the existing status of the land is known with reasonable certainty. The 16
161+lots and tracts in state subdivisions shall be monumented and the cadastral survey and 17
162+plats for the subdivision shall be approved by the state. Where land is located within a 18
163+municipality with planning, platting, and zoning powers, plats for state subdivisions 19
164+shall comply with local ordinances and regulations in the same manner and to the 20
165+same extent as plats for subdivisions by other landowners. State subdivisions shall be 21
166+filed and recorded in the district recorder's office. The requirements of this section do 22
167+not apply to land made available for material sales, for short-term leases, for parcels 23
168+adjoining a surveyed right-of-way, or for land that has been open to random staking 24
169+under the homestead program in the past; however, for short-term leases, the lessee 25
170+shall comply with local subdivision ordinances unless waived by the municipality 26
171+under procedures specified by ordinance. In this subsection, "a single purpose use" 27
172+includes a communication site, an aid to navigation, and a park site. 28
173+ * Sec. 6. AS 38.04.045 is amended by adding a new subsection to read:
174+29
175+(c) The commissioner may require an official cadastral survey under (b) of 30
176+this section before the issuance of a long-term lease under AS 38.05.070. 31 33-GS2634\A
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177-not apply to land made available for material sales, for short-term leases, for parcels 1
178-adjoining a surveyed right-of-way, or for land that has been open to random staking 2
179-under the homestead program in the past; however, for short-term leases, the lessee 3
180-shall comply with local subdivision ordinances unless waived by the municipality 4
181-under procedures specified by ordinance. In this subsection, "a single purpose use" 5
182-includes a communication site, an aid to navigation, and a park site. 6
183- * Sec. 7. AS 38.04.045 is amended by adding a new subsection to read: 7
184-(c) The commissioner may require an official cadastral survey under (b) of 8
185-this section before the issuance of a long-term lease under AS 38.05.070. 9
186- * Sec. 8. AS 38.05 is amended by adding a new section to read: 10
187-Sec. 38.05.033. Gifts, donations, and grants to the department. (a) The 11
188-commissioner may apply for and accept on behalf of the state grants from a federal or 12
189-state agency, foundation, or person for any function or purpose of the department. 13
190-(b) The department may accept gifts, donations, and grants from a person or 14
191-agency for the purpose of providing signage for an asset under the control of the 15
192-department. All gifts, donations, and grants shall be used in accordance with a 16
193-memorandum of understanding agreed on by the donor and the department. Any 17
194-signage created under this subsection is subject to the necessary funds being collected 18
195-from the donor. State funds may not be expended for signage under this subsection 19
196-until the necessary funds have been collected from the donor. 20
197-(c) Nothing in this section prevents the state from using state funds to provide 21
198-signage for an asset under the control of the department. 22
199- * Sec. 9. AS 38.05.055 is repealed and reenacted to read: 23
200-Sec. 38.05.055. Auction sale or sealed bid procedures. (a) Unless another 24
201-method of sale is allowed under this chapter, AS 38.08, or AS 38.09, the sale of state 25
202-land shall be made at public auction or by sealed bid, at the discretion of the director, 26
203-to the highest qualified bidder as determined by the director. The director may accept 27
204-bids and sell state land under this section at not less than 70 percent of the appraised 28
205-fair market value of the land. 29
206-(b) To qualify to participate under this section in a public auction or sale by 30
207-sealed bid of state land that is other than commercial, industrial, or agricultural land, a 31 33-GS2634\S
208-SB0199B -7- CSSB 199(TRA)
180+ * Sec. 7. AS 38.05.055 is repealed and reenacted to read: 1
181+Sec. 38.05.055. Auction sale or sealed bid procedures. (a) Unless another 2
182+method of sale is allowed under this chapter, AS 38.08, or AS 38.09, the sale of state 3
183+land shall be made at public auction or by sealed bid, at the discretion of the director, 4
184+to the highest qualified bidder as determined by the director. The director may accept 5
185+bids and sell state land under this section at not less than 70 percent of the appraised 6
186+fair market value of the land. 7
187+(b) To qualify to participate under this section in a public auction or sale by 8
188+sealed bid of state land that is other than commercial, industrial, or agricultural land, a 9
189+bidder must be a resident of the state for at least one year immediately preceding the 10
190+date of the sale and submit proof of that fact, as the commissioner requires by 11
191+regulation. A bidder may be represented by an attorney or agent at a public auction. 12
192+(c) An aggrieved bidder may appeal to the commissioner within five days after 13
193+the sale for a review of the director's determination. 14
194+(d) The director shall conduct a sale under this section. The successful bidder 15
195+at a public auction, or, for a sealed bid, each bidder when submitting a bid, shall 16
196+provide an earnest money deposit in the amount of at least five percent of the bid 17
197+amount. Not later than 10 days after the public auction or sale by sealed bid, the 18
198+director shall issue a receipt to the successful bidder. The director's receipt shall 19
199+contain a description of the land or property purchased, the bid price, and the amount 20
200+deposited. If the bidder fails to enter into a contract to purchase or defaults in the 21
201+payment of the bid amount, five percent of the bid amount shall be forfeited to the 22
202+state. 23
203+ * Sec. 8. AS 38.05.065(a) is amended to read: 24
204+(a) A [THE] contract of sale for land, an interest in land, or property sold 25
205+under this chapter, including under AS 38.05.057, may be issued for [AT PUBLIC 26
206+AUCTION OR BY SEALED BID UNDER AS 38.05.055 SHALL REQUIRE] the 27
207+remainder of the purchase price to be paid in monthly, quarterly, or annual 28
208+installments over a period of not more than 30 [20] years, with interest at the rate 29
209+provided in (i) of this section. Installment payments plus interest shall be set on the 30
210+level-payment basis. 31 33-GS2634\A
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211-bidder must be a resident of the state for at least one year immediately preceding the 1
212-date of the sale and submit proof of that fact as required by regulation. A bidder may 2
213-be represented by an attorney or agent at a public auction. 3
214-(c) An aggrieved bidder may appeal to the commissioner within five days after 4
215-the sale for a review of the director's determination. 5
216-(d) The director shall conduct a sale under this section. The successful bidder 6
217-at a public auction, or, for a sealed bid, each bidder when submitting a bid, shall 7
218-provide an earnest money deposit in the amount of at least five percent of the bid 8
219-amount. Not later than 10 days after the public auction or sale by sealed bid, the 9
220-director shall issue a receipt to the successful bidder. The director's receipt shall 10
221-contain a description of the land or property purchased, the bid price, and the amount 11
222-deposited. If the bidder fails to enter into a contract to purchase or defaults in the 12
223-payment of the bid amount, five percent of the bid amount shall be forfeited to the 13
224-state. 14
225- * Sec. 10. AS 38.05.065(a) is amended to read: 15
226-(a) A [THE] contract of sale for land, an interest in land, or property sold 16
227-under this chapter, including under AS 38.05.057, may be issued for [AT PUBLIC 17
228-AUCTION OR BY SEALED BID UNDER AS 38.05.055 SHALL REQUIRE] the 18
229-remainder of the purchase price to be paid in monthly, quarterly, or annual 19
230-installments over a period of not more than 30 [20] years, with interest at the rate 20
231-provided in (i) of this section. Installment payments plus interest shall be set on the 21
232-level-payment basis. 22
233- * Sec. 11. AS 38.05.065(c) is amended to read: 23
234-(c) The director shall, for contracts under (a) [, (b),] or (h) of this section, set 24
235-out in the contract for each sale the period for the payment of installments and the total 25
236-purchase price plus interest. The director, with the consent of the commissioner, may 26
237-also include in contracts under this section conditions, limitations, and terms 27
238-considered necessary and proper to protect the interest of the state. Violations of any 28
239-provision of this chapter or the terms of the contract of sale subject the purchaser to 29
240-appropriate administrative and legal action, including but not limited to specific 30
241-performance, termination [FORECLOSURE], ejectment, or other legal remedies in 31 33-GS2634\S
242-CSSB 199(TRA) -8- SB0199B
214+ * Sec. 9. AS 38.05.065(c) is amended to read: 1
215+(c) The director shall, for contracts under (a) [, (b),] or (h) of this section, set 2
216+out in the contract for each sale the period for the payment of installments and the total 3
217+purchase price plus interest. The director, with the consent of the commissioner, may 4
218+also include in contracts under this section conditions, limitations, and terms 5
219+considered necessary and proper to protect the interest of the state. Violations of any 6
220+provision of this chapter or the terms of the contract of sale subject the purchaser to 7
221+appropriate administrative and legal action, including but not limited to specific 8
222+performance, termination [FORECLOSURE], ejectment, or other legal remedies in 9
223+accordance with applicable state law. 10
224+ * Sec. 10. AS 38.05.065(d) is amended to read: 11
225+(d) If a contract for a sale of state land has been breached, the director may 12
226+issue a decision to [FORECLOSE AND] terminate the contract at any time 31 days 13
227+after delivering by certified mail a written notice of the breach to the address of record 14
228+of the purchaser. A breach caused by the failure to make payments required by the 15
229+contract may be cured within 30 days after the notice of the breach has been received 16
230+by the purchaser by payment of the sum in default together with the larger of a fee of 17
231+$50 or five percent of the sum in default. If there are material facts in dispute between 18
232+the state and the purchaser, the purchaser may submit a written request for a public 19
233+hearing for the review of the facts within 30 days after the notice of the breach has 20
234+been received. 21
235+ * Sec. 11. AS 38.05.065(e) is amended to read: 22
236+(e) Upon [ON] a determination that there has been a breach of the contract 23
237+based on the administrative record and the evidence presented at a hearing, if 24
238+requested, the director shall issue a decision [FORECLOSING THE INTEREST OF 25
239+THE PURCHASER AND] terminating the contract. The obligation to make payments 26
240+under the contract continues through the date of the director's decision to terminate 27
241+the contract [FORECLOSE BY THE DIRECTOR]. 28
242+ * Sec. 12. AS 38.05.065(f) is amended to read: 29
243+(f) The director shall deliver the decision to [FORECLOSE AND] terminate 30
244+the contract personally to the purchaser or send it certified mail, return receipt 31 33-GS2634\A
245+SB 199 -8- SB0199A
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244247
245-accordance with applicable state law. 1
246- * Sec. 12. AS 38.05.065(d) is amended to read: 2
247-(d) If a contract for a sale of state land has been breached, the director may 3
248-issue a decision to [FORECLOSE AND] terminate the contract at any time 31 days 4
249-after delivering by certified mail a written notice of the breach to the address of record 5
250-of the purchaser. A breach caused by the failure to make payments required by the 6
251-contract may be cured within 30 days after the notice of the breach has been received 7
252-by the purchaser by payment of the sum in default together with the larger of a fee of 8
253-$50 or five percent of the sum in default. If there are material facts in dispute between 9
254-the state and the purchaser, the purchaser may submit a written request for a public 10
255-hearing for the review of the facts within 30 days after the notice of the breach has 11
256-been received. 12
257- * Sec. 13. AS 38.05.065(e) is amended to read: 13
258-(e) Upon [ON] a determination that there has been a breach of the contract 14
259-based on the administrative record and the evidence presented at a hearing, if a 15
260-hearing is requested under (d) of this section, the director shall issue a decision 16
261-[FORECLOSING THE INTEREST OF THE PURCHASER AND] terminating the 17
262-contract. The obligation to make payments under the contract continues through the 18
263-date of the director's decision to terminate the contract [FORECLOSE BY THE 19
264-DIRECTOR]. 20
265- * Sec. 14. AS 38.05.065(f) is amended to read: 21
266-(f) The director shall deliver the decision to [FORECLOSE AND] terminate 22
267-the contract personally to the purchaser or send it certified mail, return receipt 23
268-requested, to the address of record of the purchaser. If the breach is a failure to make 24
269-payments required by the contract, the decision shall include a notice to the purchaser 25
270-that if within 30 days the purchaser pays to the state the full amount of the unpaid 26
271-contract price, including all accrued interest, and any fees assessed under (d) of this 27
272-section, the commissioner [DEPARTMENT] shall issue to the purchaser a deed to the 28
273-land. If full payment is not made within 30 days or the breach is for other than failure 29
274-to make payment, the decision [FORECLOSES AND] terminates all legal and 30
275-equitable rights the purchaser has in the land. 31 33-GS2634\S
276-SB0199B -9- CSSB 199(TRA)
248+requested, to the address of record of the purchaser. If the breach is a failure to make 1
249+payments required by the contract, the decision shall include a notice to the purchaser 2
250+that if within 30 days the purchaser pays to the state the full amount of the unpaid 3
251+contract price, including all accrued interest, and any fees assessed under (d) of this 4
252+section, the commissioner [DEPARTMENT] shall issue to the purchaser a deed to the 5
253+land. If full payment is not made within 30 days or the breach is for other than failure 6
254+to make payment, the decision [FORECLOSES AND] terminates all legal and 7
255+equitable rights the purchaser has in the land. 8
256+ * Sec. 13. AS 38.05.065(h) is amended to read: 9
257+(h) The commissioner, after consulting with the Board of Agriculture and 10
258+Conservation (AS 03.09.010), 11
259+(1) shall provide that, notwithstanding (a) [AND (b)] of this section, in 12
260+a contract for the sale of land classified under AS 38.05.020(b)(6) for agricultural 13
261+uses, the interest rate to be charged on installment payments may not exceed 9.5 14
262+percent; and 15
263+(2) may declare a moratorium of up to five years on payments on land 16
264+sold under this section for land classified under AS 38.05.020(b)(6) for agricultural 17
265+uses if 18
266+(A) the commissioner determines that the moratorium is in the 19
267+best interest of the state; 20
268+(B) the commissioner certifies and the contract purchaser 21
269+agrees to perform farm development, crop production, and harvesting, not 22
270+including land clearing or related activity, requiring the expenditure of 23
271+amounts equivalent to the payments that would otherwise be made during the 24
272+moratorium; 25
273+(C) the sale of the agricultural land takes place after July 1, 26
274+1979; and 27
275+(D) the contract purchaser is in compliance with the 28
276+development plan specified in the purchase contract at the time the purchaser 29
277+applies for a moratorium under this paragraph and remains in compliance with 30
278+the development plan during the moratorium; for the payments subject to the 31 33-GS2634\A
279+SB0199A -9- SB 199
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278281
279- * Sec. 15. AS 38.05.065(h) is amended to read: 1
280-(h) The commissioner, after consulting with the Board of Agriculture and 2
281-Conservation (AS 03.09.010), 3
282-(1) shall provide that, notwithstanding (a) [AND (b)] of this section, in 4
283-a contract for the sale of land classified under AS 38.05.020(b)(6) for agricultural 5
284-uses, the interest rate to be charged on installment payments may not exceed 9.5 6
285-percent; and 7
286-(2) may declare a moratorium of up to five years on payments on land 8
287-sold under this section for land classified under AS 38.05.020(b)(6) for agricultural 9
288-uses if 10
289-(A) the commissioner determines that the moratorium is in the 11
290-best interest of the state; 12
291-(B) the commissioner certifies and the contract purchaser 13
292-agrees to perform farm development, crop production, and harvesting, not 14
293-including land clearing or related activity, requiring the expenditure of 15
294-amounts equivalent to the payments that would otherwise be made during the 16
295-moratorium; 17
296-(C) the sale of the agricultural land takes place after July 1, 18
297-1979; and 19
298-(D) the contract purchaser is in compliance with the 20
299-development plan specified in the purchase contract at the time the purchaser 21
300-applies for a moratorium under this paragraph and remains in compliance with 22
301-the development plan during the moratorium; for the payments subject to the 23
302-moratorium declared under this paragraph, interest payments are subject to the 24
303-moratorium but interest continues to accrue during the moratorium. 25
304- * Sec. 16. AS 38.05.065 is amended by adding new subsections to read: 26
305-(j) If a sale of state land is to be made by means other than as prescribed by 27
306-AS 38.05.055, the director shall require a person applying to purchase land, an interest 28
307-in land, or property to submit an earnest money deposit of at least five percent of the 29
308-purchase price with the application for a contract to purchase land, an interest in land, 30
309-or property. The earnest money deposit shall be applied toward the purchase price. If 31 33-GS2634\S
310-CSSB 199(TRA) -10- SB0199B
282+moratorium declared under this paragraph, interest payments are subject to the 1
283+moratorium but interest continues to accrue during the moratorium. 2
284+ * Sec. 14. AS 38.05.065 is amended by adding new subsections to read: 3
285+(j) If a sale of state land is to be made by means other than as prescribed by 4
286+AS 38.05.055, the director shall require a person applying to purchase land, an interest 5
287+in land, or property to submit an earnest money deposit of at least five percent of the 6
288+purchase price with the application for a contract to purchase land, an interest in land, 7
289+or property. This earnest money deposit shall be applied toward the purchase price. If 8
290+the applicant fails to enter into a contract to purchase or defaults in the payment of the 9
291+purchase price, five percent of the purchase price shall be forfeited to the state. 10
292+(k) Notwithstanding (a) of this section, the commissioner may, upon a best 11
293+interest finding, determine that the purchase price for a parcel of land with existing 12
294+improvements valued at greater than $10,000 must be paid in full within 120 days of 13
295+closing. 14
296+ * Sec. 15. AS 38.05 is amended by adding a new section to read: 15
297+Sec. 38.05.086. Leases and sales of land for commercial development. (a) 16
298+For purposes of stimulating economic development in the state, the commissioner may 17
299+offer land identified under (b) of this section for lease for commercial development by 18
300+issuing a request for proposals. A lessee eligible under (m) of this section may 19
301+purchase the leased land. 20
302+(b) The commissioner may identify land appropriate for commercial 21
303+development from any or all of the following categories: 22
304+(1) state land identified or nominated as a qualified opportunity zone 23
305+under 26 U.S.C. 1400Z-1 and 1400Z-2; 24
306+(2) state land nominated by the public; a public nomination may not 25
307+exceed 640 acres in size; 26
308+(3) any other state land the commissioner deems appropriate for 27
309+commercial development. 28
310+(c) If land identified in (b) of this section is classified in a manner that does 29
311+not allow disposal of the land, the commissioner may classify or reclassify the land 30
312+under AS 38.04.065 and AS 38.05.300. Before classifying or reclassifying land under 31 33-GS2634\A
313+SB 199 -10- SB0199A
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313-the applicant fails to enter into a contract to purchase or defaults in the payment of the 1
314-purchase price, five percent of the purchase price shall be forfeited to the state. 2
315-(k) Notwithstanding (a) of this section, the commissioner may, upon a best 3
316-interest finding, determine that the purchase price for a parcel of land with existing 4
317-improvements valued at greater than $10,000 must be paid in full within 120 days of 5
318-closing. 6
319- * Sec. 17. AS 38.05 is amended by adding a new section to read: 7
320-Sec. 38.05.086. Leases and sales of land for commercial development. (a) 8
321-For purposes of stimulating economic development in the state, the commissioner may 9
322-offer land identified under (b) of this section for lease for commercial development by 10
323-issuing a request for proposals. A lessee eligible under (m) of this section may 11
324-purchase the leased land. 12
325-(b) The commissioner may identify land appropriate for commercial 13
326-development from any or all of the following categories: 14
327-(1) state land identified or nominated as a qualified opportunity zone 15
328-under 26 U.S.C. 1400Z-1 and 1400Z-2; 16
329-(2) state land nominated by the public; a public nomination may not 17
330-exceed 640 acres in size; 18
331-(3) any other state land the commissioner deems appropriate for 19
332-commercial development. 20
333-(c) If land identified in (b) of this section is classified in a manner that does 21
334-not allow disposal of the land, the commissioner may classify or reclassify the land 22
335-under AS 38.04.065 and AS 38.05.300. Before classifying or reclassifying land under 23
336-this subsection, the commissioner shall provide public notice under AS 38.05.945. 24
337-Notwithstanding AS 38.05.945(c)(2) and (3), regardless of whether the land is located 25
338-inside or outside a municipality, the commissioner shall provide notice to a 26
339-(1) regional corporation if the boundaries of the corporation as 27
340-established by 43 U.S.C. 1606(a) (sec. 7(a), Alaska Native Claims Settlement Act) 28
341-encompass the land; 29
342-(2) village corporation organized under 43 U.S.C. 1607(a) (sec. 8(a), 30
343-Alaska Native Claims Settlement Act) if the land is within 25 miles of the village for
344-31 33-GS2634\S
345-SB0199B -11- CSSB 199(TRA)
316+this subsection, the commissioner shall provide public notice under AS 38.05.945. 1
317+Notwithstanding AS 38.05.945(c)(2) and (3), regardless of whether the land is located 2
318+inside or outside a municipality, the commissioner shall provide notice to a 3
319+(1) regional corporation if the boundaries of the corporation as 4
320+established by 43 U.S.C. 1606(a) (sec. 7(a), Alaska Native Claims Settlement Act) 5
321+encompass the land; 6
322+(2) village corporation organized under 43 U.S.C. 1607(a) (sec. 8(a), 7
323+Alaska Native Claims Settlement Act) if the land is within 25 miles of the village for 8
324+which the corporation was established. 9
325+(d) Upon a finding under AS 38.05.035(e) that the lease and sale of the land 10
326+within the areas opened is in the in the best interests of the state, the commissioner 11
327+may request in writing proposals to lease land within the areas identified in (b) of this 12
328+section for commercial development. 13
329+(e) A person may apply to develop land within the areas by responding to the 14
330+commissioner's request for proposals and paying an application fee as provided by 15
331+regulation. In addition to information requested by the commissioner in the request for 16
332+proposals, a response to the request for proposals must include the specific 17
333+(1) type of commercial development proposed; and 18
334+(2) location, description, and size of the land for the proposed 19
335+commercial development; the size of land requested in a response to a request for 20
336+proposals may not exceed 20 acres and must be reasonably compact. 21
337+(f) The commissioner's request for proposals must be posted on the Alaska 22
338+Online Public Notice System (AS 44.62.175) for at least 30 consecutive days and must 23
339+be furnished in electronic format or by mail to each person who received notice of the 24
340+decision issued under AS 38.05.035(e). 25
341+(g) A response to the commissioner's request for proposals must be in writing 26
342+and submitted by the deadline set by the commissioner. The commissioner may reject 27
343+a proposal that does not meet the requirements of this section or that the commissioner 28
344+finds in a written determination is not in the best interests of the state. The 29
345+commissioner's decision to reject a proposal is subject to appeal or a petition for 30
346+reconsideration under AS 44.37.011. 31 33-GS2634\A
347+SB0199A -11- SB 199
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347349
348-which the corporation was established. 1
349-(d) Upon a finding under AS 38.05.035(e) that the lease and sale of the land 2
350-within the areas opened is in the best interests of the state, the commissioner may 3
351-request in writing proposals to lease land within the areas identified in (b) of this 4
352-section for commercial development. 5
353-(e) A person may apply to develop land within the areas by responding to the 6
354-commissioner's request for proposals and paying an application fee established by 7
355-regulation. In addition to information requested by the commissioner in the request for 8
356-proposals, a response to the request for proposals must include the specific 9
357-(1) type of commercial development proposed; and 10
358-(2) location, description, and size of the land for the proposed 11
359-commercial development; the size of land requested in a response to a request for 12
360-proposals may not exceed 20 acres and must be reasonably compact. 13
361-(f) The commissioner's request for proposals must be posted on the Alaska 14
362-Online Public Notice System (AS 44.62.175) for at least 30 consecutive days and must 15
363-be furnished in electronic format or by mail to each person who received notice of the 16
364-decision issued under AS 38.05.035(e). 17
365-(g) A response to the commissioner's request for proposals must be in writing 18
366-and submitted by the deadline set by the commissioner. The commissioner may reject 19
367-a proposal that does not meet the requirements of this section or that the commissioner 20
368-determines in writing is not in the best interests of the state. The commissioner's 21
369-decision to reject a proposal is subject to appeal or a petition for reconsideration under 22
370-AS 44.37.011. 23
371-(h) If the commissioner determines that only one suitable proposal for a 24
372-specific area of land exists, the commissioner may issue a lease to that person as 25
373-provided in this section as long as the proposal is in the best interests of the state. If 26
374-the commissioner determines that there are two or more suitable proposals for the 27
375-same or overlapping land, the commissioner shall hold a public auction or sealed bid, 28
376-limited to those persons who submitted proposals for the same or overlapping land, 29
377-and award the lease to the highest bidder as long as the proposal of the highest bidder 30
378-is in the best interests of the state. 31 33-GS2634\S
379-CSSB 199(TRA) -12- SB0199B
350+(h) If the commissioner determines that only one suitable proposal for a 1
351+specific area of land exists, the commissioner may issue a lease to that person as 2
352+provided in this section as long as the proposal is in the best interests of the state. If 3
353+the commissioner determines that there are two or more suitable proposals for the 4
354+same or overlapping land, the commissioner shall hold a public auction or sealed bid, 5
355+limited to those persons who submitted proposals for the same or overlapping land, 6
356+and award the lease to the highest bidder as long as the proposal of the highest bidder 7
357+is in the best interests of the state. 8
358+(i) If a potential lessee selected under (h) of this section declines the lease 9
359+offer, the commissioner may begin negotiations with the potential lessee who provided 10
360+the next highest bid to develop the terms and conditions for a lease. 11
361+(j) The commissioner shall set, using a method of compensation set out in 12
362+AS 38.05.073(m), an annual fee for a commercial land lease under this section to 13
363+ensure that the state receives, for the term of the lease, a fair return for the use of the 14
364+land granted by the lease. 15
365+(k) A lease under this section may only be assigned by a lessee at the 16
366+discretion of the director. The initial term of the lease may be no more than five years. 17
367+At the director's discretion and only if the lease is in good standing, the lease may 18
368+renewed for one additional term of no more than five years. The director may extend a 19
369+lease in good standing for up to two years beyond the renewal term if the director 20
370+determines the extension will facilitate sale of the parcel to the lessee. 21
371+(l) The commissioner may terminate a commercial land lease under this 22
372+section before the expiration of the lease for a breach of the terms of the lease, 23
373+including a failure to use the land in a manner required by the lease. Upon expiration 24
374+of the term of a lease or the termination of the lease before expiration, improvements 25
375+to or personal property on the land subject to the lease shall be managed in the manner 26
376+required by AS 38.05.090. 27
377+(m) At any time during the lease, a lessee in good standing may submit an 28
378+application to the department to purchase all or a portion of the land leased under this 29
379+section for its fair market value at the time of purchase. The lessee shall pay an
380+30
381+application fee provided by regulation. 31 33-GS2634\A
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381384
382-(i) If a potential lessee selected under (h) of this section declines the lease 1
383-offer, the commissioner may begin negotiations with the potential lessee who provided 2
384-the next highest bid to develop the terms and conditions for a lease. 3
385-(j) The commissioner shall set, using a method of compensation set out in 4
386-AS 38.05.073(m), an annual fee for a commercial land lease under this section to 5
387-ensure that the state receives, for the term of the lease, a fair return for the use of the 6
388-land granted by the lease. 7
389-(k) A lease under this section may only be assigned by a lessee at the 8
390-discretion of the director. The initial term of the lease may not be more than five years. 9
391-At the director's discretion and only if the lease is in good standing, the lease may 10
392-renewed for one additional term of not more than five years. The director may extend 11
393-a lease in good standing for up to two years beyond the renewal term if the director 12
394-determines the extension will facilitate sale of the parcel to the lessee. 13
395-(l) The commissioner may terminate a commercial land lease under this 14
396-section before the expiration of the lease for a breach of the terms of the lease, 15
397-including a failure to use the land in a manner required by the lease. Upon expiration 16
398-of the term of a lease or the termination of the lease before expiration, improvements 17
399-to or personal property on the land subject to the lease shall be managed in the manner 18
400-required by AS 38.05.090. 19
401-(m) At any time during the lease, a lessee in good standing may submit an 20
402-application to the department to purchase all or a portion of the land leased under this 21
403-section for the fair market value of the land at the time of purchase. The lessee shall 22
404-pay an application fee provided by regulation. 23
405-(n) If an application to purchase land under (m) of this section is approved, 24
406-before closing, the lessee, at the lessee's expense, shall have the parcel appraised and 25
407-surveyed in a manner acceptable to the department. 26
408-(o) An eligible lessee under (m) of this section may apply the amount of the 27
409-lease payments made under the lease to the purchase price of the land. Other amounts 28
410-paid, including fees, penalties, survey costs, and appraisal costs, may not be applied to 29
411-the purchase price of the land. 30
412-(p) If an application to purchase land under (m) of this section is denied, the 31 33-GS2634\S
413-SB0199B -13- CSSB 199(TRA)
385+(n) If an application to purchase land under (m) of this section is approved, 1
386+prior to closing, the lessee, at the lessee's expense, shall have the parcel appraised and 2
387+surveyed in a manner acceptable to the department 3
388+(o) An eligible lessee under (m) of this section may apply the amount of the 4
389+lease payments made under the lease to the purchase price of the land. Other amounts 5
390+paid, including fees, penalties, survey costs, and appraisal costs, may not be applied to 6
391+the purchase price of the land. 7
392+(p) If an application to purchase land under (m) of this section is denied, the 8
393+lessee may continue to hold the lease according to the terms of the lease, and may 9
394+reapply to purchase the land. A subsequent application to purchase the land must 10
395+address the reasons the previous application was denied. 11
396+(q) The commissioner shall adopt regulations under AS 44.62 (Administrative 12
397+Procedure Act) to implement this section. Regulations adopted under this subsection 13
398+must, at a minimum, address 14
399+(1) the application procedures for a commercial land lease or sale 15
400+under this section; 16
401+(2) the auction or sealed bid process to be used, if necessary, under (h) 17
402+of this section; 18
403+(3) the terms and conditions that may be included in a commercial land 19
404+lease under this section; 20
405+(4) the method for resolving competitive bidding disputes and issues; 21
406+(5) the procedure for requesting proposals; 22
407+(6) the criteria for assessing proposals; and 23
408+(7) any administrative fees. 24
409+(r) The commissioner shall reserve easements and rights-of-way on and across 25
410+land made available for commercial development under this section after providing 26
411+regional corporations, village corporations, tribes, municipal governments, and other 27
412+interested parties an opportunity to review and comment on the proposed reserved 28
413+easements and rights-of-way, and an opportunity to appeal a decision under 29
414+AS 44.37.011. The commissioner shall reserve easements and rights-of-way under this 30
415+section for trails that have an established history of use for commerce, recreation, 31 33-GS2634\A
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415418
416-lessee may continue to hold the lease according to the terms of the lease, and may 1
417-reapply to purchase the land. A subsequent application to purchase the land must 2
418-address the reasons the previous application was denied. 3
419-(q) The commissioner shall adopt regulations under AS 44.62 (Administrative 4
420-Procedure Act) to implement this section. Regulations adopted under this subsection 5
421-must, at a minimum, address 6
422-(1) the application procedures for a commercial land lease or sale 7
423-under this section; 8
424-(2) the auction or sealed bid process to be used, if necessary, under (h) 9
425-of this section; 10
426-(3) the terms and conditions that may be included in a commercial land 11
427-lease under this section; 12
428-(4) the method for resolving competitive bidding disputes and issues; 13
429-(5) the procedure for requesting proposals; 14
430-(6) the criteria for assessing proposals; and 15
431-(7) any administrative fees. 16
432-(r) The commissioner shall reserve easements and rights-of-way on and across 17
433-land made available for commercial development under this section after providing 18
434-regional corporations, village corporations, tribes, municipal governments, and other 19
435-interested parties an opportunity to review and comment on the proposed reserved 20
436-easements and rights-of-way, and an opportunity to appeal a decision under 21
437-AS 44.37.011. The commissioner shall reserve easements and rights-of-way under this 22
438-section for trails that have an established history of use for commerce, recreation, 23
439-transportation, or providing access to a traditional outdoor activity. In this subsection, 24
440-"traditional outdoor activity" has the meaning given in AS 38.04.200. 25
441-(s) Before leasing or disposing of land under this section, the commissioner 26
442-shall provide notice under AS 38.05.945 and prepare a best interest finding in writing 27
443-in accordance with AS 38.05.035(e). In making a best interest finding under this 28
444-subsection, the commissioner shall consider the effects of the lease or sale on 29
445-subsistence uses, fish and wildlife habitat and populations and their uses, and 30
446-historical and cultural resources. 31 33-GS2634\S
447-CSSB 199(TRA) -14- SB0199B
419+transportation, or providing access to a traditional outdoor activity. In this subsection, 1
420+"traditional outdoor activity" has the meaning given in AS 38.04.200. 2
421+(s) Before leasing or disposing of land under this section, the commissioner 3
422+shall provide notice under AS 38.05.945 and prepare a best interest finding in writing 4
423+in accordance with AS 38.05.035(e). In making a best interest finding under this 5
424+subsection, the commissioner shall consider the effects of the lease or sale on 6
425+subsistence uses, fish and wildlife habitat and populations and their uses, and 7
426+historical and cultural resources. 8
427+(t) In this section, "good standing" means that a lessee is not in default on any 9
428+material term of a lease under this section and has satisfied all the development 10
429+requirements of the lease. 11
430+ * Sec. 16. AS 38.05.321(d) is amended to read: 12
431+(d) For state land classified as agricultural land that is conveyed under (a) of 13
432+this section, 14
433+(1) the commissioner may require the landowner to cooperate with the 15
434+appropriate soil and water conservation district under AS 41.10 in the development 16
435+and implementation of soil conservation plans as authorized by AS 41.10.110(6); 17
436+(2) as a condition of the conveyance, the commissioner may not 18
437+require preparation and implementation of a schedule of planned agricultural 19
438+development or a farm development plan specified in a land purchase contract unless 20
439+the commissioner permits modification of a plan in cases of economic hardship or 21
440+other extenuating circumstances; 22
441+(3) the commissioner may not 23
442+(A) limit the right of the landowner to use the land and 24
443+improvements for purposes that are consistent and do not interfere 25
444+[INCIDENTAL TO AND NOT INCONSISTENT] with the primary use of the 26
445+land for agricultural purposes; 27
446+(B) except as provided by (i) of this section, limit the right of a 28
447+landowner to construct housing for the landowner and farm laborers, to 29
448+construct improvements for animals, or to construct improvements that are 30
449+reasonably required for or related to agricultural use on the original parcel and 31 33-GS2634\A
450+SB 199 -14- SB0199A
448451 New Text Underlined [DELETED TEXT BRACKETED]
449452
450-(t) If the commissioner identifies land appropriate for commercial 1
451-development under (b)(1) of this section, the commissioner shall prepare a report that 2
452-describes the municipal and state government services that the commissioner 3
453-anticipates would be required in the identified area if the land is commercially 4
454-developed and the municipal and state tax revenue that would be required to provide 5
455-those services. The commissioner shall submit each report prepared under this 6
456-subsection in a calendar year to the senate secretary and chief clerk of the house of 7
457-representatives on or before the first day of each regular session of the legislature the 8
458-following year and shall notify the legislature that the reports are available. 9
459-(u) In this section, "good standing" means that a lessee is not in default on any 10
460-material term of a lease under this section and has satisfied all the development 11
461-requirements of the lease. 12
462- * Sec. 18. AS 38.05.321(d) is amended to read: 13
463-(d) For state land classified as agricultural land that is conveyed under (a) of 14
464-this section, 15
465-(1) the commissioner may require the landowner to cooperate with the 16
466-appropriate soil and water conservation district under AS 41.10 in the development 17
467-and implementation of soil conservation plans as authorized by AS 41.10.110(6); 18
468-(2) as a condition of the conveyance, the commissioner may not 19
469-require preparation and implementation of a schedule of planned agricultural 20
470-development or a farm development plan specified in a land purchase contract unless 21
471-the commissioner permits modification of a plan in cases of economic hardship or 22
472-other extenuating circumstances; 23
473-(3) the commissioner may not 24
474-(A) limit the right of the landowner to use the land and 25
475-improvements for purposes that are consistent and do not interfere 26
476-[INCIDENTAL TO AND NOT INCONSISTENT] with the primary use of the 27
477-land for agricultural purposes; 28
478-(B) except as provided by (i) of this section, limit the right of a 29
479-landowner to construct housing for the landowner and farm laborers, to 30
480-construct improvements for animals, or to construct improvements that are 31 33-GS2634\S
481-SB0199B -15- CSSB 199(TRA)
482- New Text Underlined [DELETED TEXT BRACKETED]
483-
484-reasonably required for or related to agricultural use on the original parcel and 1
485-on additional subdivided parcels, not to exceed the limits and restrictions set by 2
486-(a)(2) of this section; and 3
487-(C) limit the right of the landowner to subdivide and convey 4
488-the land if the resulting parcels are not in violation of the limits and restrictions 5
489-set out in (a)(2) of this section. 6
490- * Sec. 19. AS 38.05.965 is amended by adding a new paragraph to read: 7
491-(29) "public auction" means a public oral outcry auction or a public 8
492-online auction. 9
493- * Sec. 20. AS 38.05.065(b) is repealed. 10
494- * Sec. 21. This Act takes effect immediately under AS 01.10.070(c). 11
453+on additional subdivided parcels, not to exceed the limits and restrictions set by 1
454+(a)(2) of this section; and 2
455+(C) limit the right of the landowner to subdivide and convey 3
456+the land if the resulting parcels are not in violation of the limits and restrictions 4
457+set out in (a)(2) of this section. 5
458+ * Sec. 17. AS 38.05.965 is amended by adding a new paragraph to read: 6
459+(29) "public auction" means a public oral outcry auction or a public 7
460+online auction. 8
461+ * Sec. 18. AS 38.05.065(b) is repealed. 9
462+ * Sec. 19. This Act takes effect immediately under AS 01.10.070(c). 10