HB 379: "An Act relating to a preference right to purchase or lease certain state land."

00 HOUSE BILL NO. 379 01 "An Act relating to a preference right to purchase or lease certain state land." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 38.05.035(f) is amended to read: 04 (f) The director shall grant a preference right to the purchase or lease without 05 competitive bid of up to five acres of state land to an individual who has a state use 06 permit for or state lease of that land and who has erected a building on the land and 07 used the land for bona fide business purposes for 10 [FIVE] or more years 08 immediately [UNDER A FEDERAL PERMIT OR WITHOUT THE NEED FOR A 09 PERMIT AND, AFTER SELECTION BY THE STATE, UNDER A STATE USE 10 PERMIT OR LEASE, IF THE BUSINESS PRODUCED NO LESS THAN 25 11 PERCENT OF THE TOTAL INCOME OF THE APPLICANT FOR THE FIVE 12 YEARS] preceding the application to purchase or lease the land. The director shall sell 13 or lease the land at a price determined by the director to represent the current fair 14 market value of the unimproved land but in no event less than the cost of 15 administration including survey if required. If the director determines in a written

01 finding that the purchase or lease of the land would interfere with public use by 02 residents of the area, the director may condition the purchase or lease to mitigate the 03 adverse effects on the public use. A change in land classification adopted after the 04 state use permit or state lease was executed does not bar the individual from 05 obtaining the preference right to the land [OR MAY REJECT THE 06 APPLICATION FOR THE PREFERENCE RIGHT]. A lease granted under this 07 subsection may not be for a period in excess of 50 years. In this subsection, "business 08 purposes" means a purpose permitted under the classification of the land at the time 09 the land was entered. 10 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 APPLICABILITY. AS 38.05.035(f), as amended by sec. 1 of this Act, applies only to 13 applications for purchase or lease under that subsection that are filed on or after the effective 14 date of this Act.