Alaska 33rd Legislature (2023-2024) Status: In Committee

SB 199 — An Act relating to access roads; relating to state land; relating to contracts for the sale of state land; relating to the authority of the Department of Education and Early Development to dispose of state land; relating to the authority of the Department of Transportation and Public Facilities to dispose of state land; relating to the authority of the Department of Natural Resources over certain state land; relating to the state land disposal income fund; relating to the sale and lease of state land; relating to covenants and restrictions on agricultural land; and providing for an effective date.

Last action — (S) Minutes (SRES)

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 33rd Legislature (2023-2024). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

424 added · 457 removed

Plain-language change summary

The recent amendments to Senate Bill 199 clarify and update the authority of the Department of Natural Resources concerning state land and its use, notably removing the section that allowed the department to accept gifts or donations. This change streamlines the department’s focus on land disposal and management without the added complexity of handling gifts. It matters because it simplifies processes related to state land, which can aid in more efficient land management and reduce potential administrative burdens.

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33-GS2634\S CS FOR SENATE BILL NO.
33-GS2634\A SENATE BILL NO.
199(TRA) IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - SECOND SESSION BY THE SENATE TRANSPORTATION COMMITTEE Referred:
199 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - SECOND SESSION BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced:
Resources, Finance Sponsor(s):
1/22/24 Referred:
SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR A BILL FOR AN ACT ENTITLED "An Act relating to access roads;
Transportation, Resources, Finance A BILL FOR AN ACT ENTITLED "An Act relating to access roads;
relating to the acceptance of gifts, donations, and grants by the Department of Natural Resources;
relating to accounting for certain program receipts;
(a) The department may SB0199B -1- CSSB 199(TRA) New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\S (1) establish, maintain, govern, operate, discontinue, and combine area, regional, and special schools;
(a) The department may (1) establish, maintain, govern, operate, discontinue, and combine area, regional, and special schools;
(2) enter into contractual agreements with the Bureau of Indian Affairs or with a school district to share boarding costs of secondary school students;
(2) enter into contractual agreements with the Bureau of Indian Affairs SB0199A -1- SB 199 New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\A or with a school district to share boarding costs of secondary school students;
(13) develop a model curriculum and provide technical assistance for CSSB 199(TRA) -2- SB0199B New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\S early childhood education programs;
(13) develop a model curriculum and provide technical assistance for early childhood education programs;
(14) notwithstanding any other provision of this title, intervene in a school district to improve instructional practices under standards established by the department in regulation, including directing the (A) employees identified by the department to exercise supervisory authority for instructional practices in the district or in a specified school;
(14) notwithstanding any other provision of this title, intervene in a school district to improve instructional practices under standards established by the SB 199 -2- SB0199A New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\A department in regulation, including directing the (A) employees identified by the department to exercise supervisory authority for instructional practices in the district or in a specified school;
If an access road under AS 19.30.060 - 19.30.100 is constructed within the boundaries of a municipality that has zoning SB0199B -3- CSSB 199(TRA) New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\S ordinances, the right-of-way width must [SHALL] conform to the subdivision control ordinances of the municipality in the same manner and to the same extent as private landowners.
If an access road under AS 19.30.060 - 19.30.100 is constructed within the boundaries of a municipality that has zoning ordinances, the right-of-way width must [SHALL] conform to the subdivision control ordinances of the municipality in the same manner and to the same extent as private landowners.
Contracts for the work on an access road are governed by AS 36.30 (State Procurement Code).
Contracts for the work on an access road are governed by SB0199A -3- SB 199 New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\A AS 36.30 (State Procurement Code).
(b) If the department determines that land or rights in land acquired by the department are no longer necessary for public works purposes, the department shall offer the land to the Department of Natural Resources.
(b) If the department determines that land or rights in land acquired by the department are no longer necessary for public works purposes, the department may (1) sell, contract to sell, lease, or exchange the land according to terms, standards, and conditions established by the commissioner;
If the Department of Natural Resources accepts the offer within 45 days after it receives the offer, the department shall transfer the land to the Department of Natural Resources.
or (2) at the request of the commissioner of natural resources, transfer the land to the Department of Natural Resources.
If the Department of Natural Resources rejects the offer or fails to accept the offer within 45 days after it receives the offer, the offer is terminated and the department may sell, contract to sell, lease, or exchange the land according to terms, standards, and conditions established by the commissioner.
AS 37.05.146(c) is amended by adding a new paragraph to read:
(86) gifts, donations, and grants received by the Department of Natural Resources under AS 38.05.033.
* Sec.
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The legislature may appropriate money from the state land disposal income fund for expenditure by the Department of Natural Resources for necessary costs incurred by the CSSB 199(TRA) -4- SB0199B New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\S commissioner in the implementation of state land disposal programs authorized under this title or for any other public purpose.
The legislature may appropriate money from the state land disposal income fund for expenditure by the Department of Natural Resources for necessary costs incurred by the commissioner in the implementation of state land disposal programs authorized under this title or for any other public purpose.
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(b) Before the issuance of [A LONG-TERM LEASE UNDER AS 38.05.070 OR OF] a patent for state land, an official cadastral survey shall be accomplished, unless a comparable, approved survey exists that has been conducted by the federal Bureau of Land Management.
(b) Before the issuance of [A LONG-TERM LEASE UNDER AS 38.05.070 SB 199 -4- SB0199A New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\A OR OF] a patent for state land, an official cadastral survey shall be accomplished, unless a comparable, approved survey exists that has been conducted by the federal Bureau of Land Management.
The requirements of this section do SB0199B -5- CSSB 199(TRA) New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\S not apply to land made available for material sales, for short-term leases, for parcels adjoining a surveyed right-of-way, or for land that has been open to random staking under the homestead program in the past;
The requirements of this section do not apply to land made available for material sales, for short-term leases, for parcels adjoining a surveyed right-of-way, or for land that has been open to random staking under the homestead program in the past;
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SB0199A -5- SB 199 New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\A * Sec.
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AS 38.05 is amended by adding a new section to read:
Sec.
38.05.033.
Gifts, donations, and grants to the department.
(a) The commissioner may apply for and accept on behalf of the state grants from a federal or state agency, foundation, or person for any function or purpose of the department.
(b) The department may accept gifts, donations, and grants from a person or agency for the purpose of providing signage for an asset under the control of the department.
All gifts, donations, and grants shall be used in accordance with a memorandum of understanding agreed on by the donor and the department.
Any signage created under this subsection is subject to the necessary funds being collected from the donor.
State funds may not be expended for signage under this subsection until the necessary funds have been collected from the donor.
(c) Nothing in this section prevents the state from using state funds to provide signage for an asset under the control of the department.
* Sec.
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(b) To qualify to participate under this section in a public auction or sale by sealed bid of state land that is other than commercial, industrial, or agricultural land, a CSSB 199(TRA) -6- SB0199B New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\S bidder must be a resident of the state for at least one year immediately preceding the date of the sale and submit proof of that fact as required by regulation.
(b) To qualify to participate under this section in a public auction or sale by sealed bid of state land that is other than commercial, industrial, or agricultural land, a bidder must be a resident of the state for at least one year immediately preceding the date of the sale and submit proof of that fact, as the commissioner requires by regulation.
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* Sec.
SB 199 -6- SB0199A New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\A * Sec.
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Violations of any provision of this chapter or the terms of the contract of sale subject the purchaser to appropriate administrative and legal action, including but not limited to specific performance, termination [FORECLOSURE], ejectment, or other legal remedies in SB0199B -7- CSSB 199(TRA) New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\S accordance with applicable state law.
Violations of any provision of this chapter or the terms of the contract of sale subject the purchaser to appropriate administrative and legal action, including but not limited to specific performance, termination [FORECLOSURE], ejectment, or other legal remedies in accordance with applicable state law.
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(e) Upon [ON] a determination that there has been a breach of the contract based on the administrative record and the evidence presented at a hearing, if a hearing is requested under (d) of this section, the director shall issue a decision [FORECLOSING THE INTEREST OF THE PURCHASER AND] terminating the contract.
(e) Upon [ON] a determination that there has been a breach of the contract based on the administrative record and the evidence presented at a hearing, if requested, the director shall issue a decision [FORECLOSING THE INTEREST OF THE PURCHASER AND] terminating the contract.
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(f) The director shall deliver the decision to [FORECLOSE AND] terminate the contract personally to the purchaser or send it certified mail, return receipt requested, to the address of record of the purchaser.
(f) The director shall deliver the decision to [FORECLOSE AND] terminate the contract personally to the purchaser or send it certified mail, return receipt SB0199A -7- SB 199 New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\A requested, to the address of record of the purchaser.
CSSB 199(TRA) -8- SB0199B New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\S * Sec.
* Sec.
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for the payments subject to the moratorium declared under this paragraph, interest payments are subject to the moratorium but interest continues to accrue during the moratorium.
for the payments subject to the SB 199 -8- SB0199A New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\A moratorium declared under this paragraph, interest payments are subject to the moratorium but interest continues to accrue during the moratorium.
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The earnest money deposit shall be applied toward the purchase price.
This earnest money deposit shall be applied toward the purchase price.
If SB0199B -9- CSSB 199(TRA) New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\S the applicant fails to enter into a contract to purchase or defaults in the payment of the purchase price, five percent of the purchase price shall be forfeited to the state.
If the applicant fails to enter into a contract to purchase or defaults in the payment of the purchase price, five percent of the purchase price shall be forfeited to the state.
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Before classifying or reclassifying land under this subsection, the commissioner shall provide public notice under AS 38.05.945.
Before classifying or reclassifying land under SB0199A -9- SB 199 New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\A this subsection, the commissioner shall provide public notice under AS 38.05.945.
8(a), Alaska Native Claims Settlement Act) if the land is within 25 miles of the village for CSSB 199(TRA) -10- SB0199B New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\S which the corporation was established.
8(a), Alaska Native Claims Settlement Act) if the land is within 25 miles of the village for which the corporation was established.
(d) Upon a finding under AS 38.05.035(e) that the lease and sale of the land within the areas opened is in the best interests of the state, the commissioner may request in writing proposals to lease land within the areas identified in (b) of this section for commercial development.
(d) Upon a finding under AS 38.05.035(e) that the lease and sale of the land within the areas opened is in the in the best interests of the state, the commissioner may request in writing proposals to lease land within the areas identified in (b) of this section for commercial development.
(e) A person may apply to develop land within the areas by responding to the commissioner's request for proposals and paying an application fee established by regulation.
(e) A person may apply to develop land within the areas by responding to the commissioner's request for proposals and paying an application fee as provided by regulation.
The commissioner may reject a proposal that does not meet the requirements of this section or that the commissioner determines in writing is not in the best interests of the state.
The commissioner may reject a proposal that does not meet the requirements of this section or that the commissioner finds in a written determination is not in the best interests of the state.
(h) If the commissioner determines that only one suitable proposal for a specific area of land exists, the commissioner may issue a lease to that person as provided in this section as long as the proposal is in the best interests of the state.
SB 199 -10- SB0199A New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\A (h) If the commissioner determines that only one suitable proposal for a specific area of land exists, the commissioner may issue a lease to that person as provided in this section as long as the proposal is in the best interests of the state.
SB0199B -11- CSSB 199(TRA) New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\S (i) If a potential lessee selected under (h) of this section declines the lease offer, the commissioner may begin negotiations with the potential lessee who provided the next highest bid to develop the terms and conditions for a lease.
(i) If a potential lessee selected under (h) of this section declines the lease offer, the commissioner may begin negotiations with the potential lessee who provided the next highest bid to develop the terms and conditions for a lease.
The initial term of the lease may not be more than five years.
The initial term of the lease may be no more than five years.
At the director's discretion and only if the lease is in good standing, the lease may renewed for one additional term of not more than five years.
At the director's discretion and only if the lease is in good standing, the lease may renewed for one additional term of no more than five years.
(m) At any time during the lease, a lessee in good standing may submit an application to the department to purchase all or a portion of the land leased under this section for the fair market value of the land at the time of purchase.
(m) At any time during the lease, a lessee in good standing may submit an application to the department to purchase all or a portion of the land leased under this section for its fair market value at the time of purchase.
(n) If an application to purchase land under (m) of this section is approved, before closing, the lessee, at the lessee's expense, shall have the parcel appraised and surveyed in a manner acceptable to the department.
SB0199A -11- SB 199 New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\A (n) If an application to purchase land under (m) of this section is approved, prior to closing, the lessee, at the lessee's expense, shall have the parcel appraised and surveyed in a manner acceptable to the department (o) An eligible lessee under (m) of this section may apply the amount of the lease payments made under the lease to the purchase price of the land.
(o) An eligible lessee under (m) of this section may apply the amount of the lease payments made under the lease to the purchase price of the land.
(p) If an application to purchase land under (m) of this section is denied, the CSSB 199(TRA) -12- SB0199B New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\S lessee may continue to hold the lease according to the terms of the lease, and may reapply to purchase the land.
(p) If an application to purchase land under (m) of this section is denied, the lessee may continue to hold the lease according to the terms of the lease, and may reapply to purchase the land.
The commissioner shall reserve easements and rights-of-way under this section for trails that have an established history of use for commerce, recreation, transportation, or providing access to a traditional outdoor activity.
The commissioner shall reserve easements and rights-of-way under this section for trails that have an established history of use for commerce, recreation, SB 199 -12- SB0199A New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\A transportation, or providing access to a traditional outdoor activity.
SB0199B -13- CSSB 199(TRA) New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\S (t) If the commissioner identifies land appropriate for commercial development under (b)(1) of this section, the commissioner shall prepare a report that describes the municipal and state government services that the commissioner anticipates would be required in the identified area if the land is commercially developed and the municipal and state tax revenue that would be required to provide those services.
(t) In this section, "good standing" means that a lessee is not in default on any material term of a lease under this section and has satisfied all the development requirements of the lease.
The commissioner shall submit each report prepared under this subsection in a calendar year to the senate secretary and chief clerk of the house of representatives on or before the first day of each regular session of the legislature the following year and shall notify the legislature that the reports are available.
(u) In this section, "good standing" means that a lessee is not in default on any material term of a lease under this section and has satisfied all the development requirements of the lease.
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(B) except as provided by (i) of this section, limit the right of a landowner to construct housing for the landowner and farm laborers, to construct improvements for animals, or to construct improvements that are CSSB 199(TRA) -14- SB0199B New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\S reasonably required for or related to agricultural use on the original parcel and on additional subdivided parcels, not to exceed the limits and restrictions set by (a)(2) of this section;
(B) except as provided by (i) of this section, limit the right of a landowner to construct housing for the landowner and farm laborers, to construct improvements for animals, or to construct improvements that are reasonably required for or related to agricultural use on the original parcel and SB0199A -13- SB 199 New Text Underlined [DELETED TEXT BRACKETED] 33-GS2634\A on additional subdivided parcels, not to exceed the limits and restrictions set by (a)(2) of this section;
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SB0199B -15- CSSB 199(TRA) New Text Underlined [DELETED TEXT BRACKETED]
SB 199 -14- SB0199A New Text Underlined [DELETED TEXT BRACKETED]
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Action History

  1. (S) Minutes (SRES)

  2. (S) Heard & Held

  3. (S) RESOURCES at 03:30 PM BUTROVICH 205

  4. (S) Minutes (SRES)

  5. (S) Heard & Held

  6. (S) RESOURCES at 03:30 PM BUTROVICH 205

  7. (S) Minutes (SRES)

  8. (S) Heard & Held

  9. (S) RESOURCES at 03:30 PM BUTROVICH 205

  10. (S) REFERRED TO RESOURCES

  11. (S) FN3: (DNR)

  12. (S) FN2: (EED)

  13. (S) NR: KIEHL, WILSON, MYERS, TOBIN

  14. (S) DP: KAUFMAN

  15. (S) TRA RPT CS 1DP 4NR NEW TITLE

  16. (S) Minutes (STRA)

  17. (S) Moved CSSB 199(TRA) Out of Committee

  18. (S) TRANSPORTATION at 01:30 PM BUTROVICH 205

  19. (S) Minutes (STRA)

  20. (S) Heard & Held

  21. (S) TRANSPORTATION at 01:30 PM BUTROVICH 205

  22. (S) GOVERNOR'S TRANSMITTAL LETTER

  23. (S) FN1: (DNR)

  24. (S) TRA, RES, FIN

  25. (S) READ THE FIRST TIME - REFERRALS

Sponsors

  • Senate Rules · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 64 not signed on

Sponsors (1)

  • Senate Rules

Co-sponsors (0)

None.

Not signed on (64)

64 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

housing transportation education agriculture
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Frequently asked questions

Who sponsors SB 199?
SB 199 is sponsored by Senate Rules.
What is the current status of SB 199?
This bill died with 33rd Legislature (2023-2024). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 199?
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