Legislature(2007 - 2008)CAPITOL 120
04/13/2007 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB225 | |
| HB14 | |
| HB90 | |
| HB14 | |
| HB90 | |
| HB220 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 164 | TELECONFERENCED | |
| *+ | HB 225 | TELECONFERENCED | |
| + | HB 220 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 14 | TELECONFERENCED | |
| += | HB 90 | TELECONFERENCED | |
HB 220 - BAN COMPUTER-ASSISTED REMOTE HUNTING 2:38:31 PM CHAIR RAMRAS announced that the final order of business would be HOUSE BILL NO. 220, "An Act prohibiting computer-assisted remote hunting." [Before the committee was CSHB 220(RES), and provided in members' packets was a proposed committee substitute (CS) for HB 220, Version 25-LS0795\E, Kane, 4/11/07.] 2:39:14 PM REPRESENTATIVE BOB BUCH, Alaska State Legislature, sponsor, relayed that HB 220 would ban Internet hunting and is endorsed by a broad spectrum of the community. 2:41:52 PM JOE KLUTSCH, President, Alaska Professional Hunters Association (APHA), after relaying that the APHA represents the vast majority of Alaska's hunting guides and is committed to "fair- chase" hunting practices and ethical standards of conduct, offered the APHA's belief that the intent of HB 220 is "absolutely correct." He then asked the sponsor and members to refrain from referring to the behavior outlined in the bill as "hunting." The organized killing of an animal via cyberspace and robotics is not hunting. True hunting is a problem-solving exercise that involves planning, knowledge of the species being pursued, and knowledge of its habitat. Furthermore, a hunter in Alaska has to be prepared to cope with all the elements of nature common to outdoor activities. Hunting is a real-life drama that can involve doubt, frustration, anxiety, discovery, great physical and mental challenge, and joy and disappointment. MR. KLUTSCH said that in the aforementioned setting, the outcome of the hunting process is not assured. He relayed that the APHA believes that HB 220 is appropriate, that "these kind of activities" shouldn't be allowed to occur in Alaska, and that a number of other states have taken action similar to what HB 220 is proposing. In conclusion, he said that the APHA is offering its whole-hearted support [of HB 220] and encourages the committee to "do the same." 2:43:59 PM BURKE WALDRON, Lieutenant, Alaska Bureau of Wildlife Enforcement, Department of Public Safety (DPS), relayed simply that "the Troopers certainly sponsor" HB 220. 2:44:36 PM DICK BISHOP, President, Alaska Outdoor Council (AOC), relayed that the AOC supports HB 220. He went on to say that the common value across the spectrum of ethical, responsible hunters is the satisfaction of being personally involved in the natural course of events that affect wildlife and wild lands, and whether the hunter's prime motive is to fill the freezer or drying rack or to find a prize specimen to preserve, admire, and honor for a lifetime, the hunting experience provides challenges and lifelong satisfaction. Hunts are celebrated in different ways among different cultures, but the bottom line, he opined, is that personal experience is what counts; the prospect of computer-assisted remote hunting flies in the face of all that is most valuable in the hunting experience. Hunting is not a pursuit that should be reduced to another armchair video game or to a shopping junket on the Internet. The values associated with hunting and the wildlife hunted deserve more respect than points on a video game, and more initiative than a credit card purchase. He concluded by asking the committee to please pass HB 220 in order to clarify that hunting is too important to Alaskans and the state's visitors to simply trivialize it by allowing it to become another form of electronic diversion. 2:47:30 PM KEVIN SAXBY, Senior Assistant Attorney General, Natural Resources Section, Civil Division (Anchorage), Department of Law (DOL), said that the DOL supports the intent of HB 220 and had made some suggestions for improving the bill. The Alaska Department of Fish & Game (ADF&G) and the Board of Game, he relayed, have had quite a bit of experience in complying with the Americans with Disabilities Act (ADA), and subsection (b) addresses the ADA. 2:48:34 PM REPRESENTATIVE SAMUELS moved to adopt the proposed committee substitute (CS) for HB 220, Version 25-LS0795\E, Kane, 4/11/07, as the work draft. There being no objection, Version E was before the committee. MR. SAXBY went on to say that the language in Version E reflects the ADF&G's experience in complying with the ADA. The ADF&G, in negotiating with people to arrive at a reasonable accommodation for their particular circumstances, has determined that there are certain features that are essential to the act of hunting, and two of those features are that a person must be present in the field and that there must be some degree of meaningful participation in the actual act itself - the taking of the animal. Version E stipulates, via subsection (b), that these two features must be present. The reason the administration has asked that this additional language be included in the bill, he relayed, is that subsection (b) provides a broad exemption and will be viewed as a legislative pronouncement. MR. SAXBY indicated that language in subsection (b) of Version E also clarifies that the Board of Game, as technological advances are made, retains the authority to decide what technology is appropriate. CHAIR RAMRAS asked how computer-assisted remote hunting works. REPRESENTATIVE BUCH offered his understanding that the owner of a piece of private property in Texas set up a [video] camera that was linked with the scope on a rifle, and when game is herded in front of the camera, a client would be able to aim and fire the rifle via his/her computer, and then someone on site would finish dispatching the animal should that be necessary. In response to a question, he mentioned that this type of hunting has actually taken place. 2:52:05 PM MR. SAXBY said that a couple of years ago, a person who was quadriplegic won a permit to participate in a particular hunt, and that person argued that he wanted someone else to essentially do everything for him while he participated vicariously in the hunt from his hospital bed by hearing about the hunt. The ADF&G said that was not acceptable because such activity wouldn't qualify under the criteria of being present in the field and participating meaningfully in the taking of the animal. The statewide ADA coordinator was very supportive of the ADF&G's position and helped the department "draw the appropriate line." MR. SAXBY, in response to comments and a question, said that there is no statute that allows vicarious hunting, and that the administration was fearful that the broad exemption provided by the [previous version of the] bill might be interpreted as allowing vicarious hunting. He mentioned, however, that AS 16.05.255(a) authorizes the Board of Game to establish the means and methods by which a person with disabilities can hunt. In response to another question, he said he is not aware of anyone having requested to be able to fish remotely. REPRESENTATIVE BUCH, in response to a question regarding jurisdiction, explained that the bill stipulates that one may not engage in computer-assisted remote hunting either in the state or from the state. REPRESENTATIVE GRUENBERG asked whether the administration has the jurisdiction to prosecute someone outside of Alaska. MR. SAXBY said the administration would probably only prosecute someone in the state. In response to another question, he said the administration is satisfied with the language in Version E. REPRESENTATIVE GRUENBERG suggested to the sponsor that he give consideration to whether he wants the bill to contain a forfeiture provision. REPRESENTATIVE SAMUELS said he assumes that computer-assisted remote hunting could only be accomplished through the use of a game farm, and therefore outlawing such activity will ensure that it never happens and thus nothing would be subject to forfeiture. 2:58:17 PM REPRESENTATIVE SAMUELS moved to report the proposed committee substitute (CS) for HB 220, Version 25-LS0795\E, Kane, 4/11/07, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 220(JUD) was reported from the House Judiciary Standing Committee.
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