03/06/1996 08:08 AM House RES

 HB 329 - RESTITUTION FOR CERTAIN GAME VIOLATIONS                            
                                                                               
 Number 1096                                                                   
                                                                               
 REPRESENTATIVE CON BUNDE said HB 329 is an Act providing for                  
 restitution to the state for the unlawful taking of game.                     
 "Penalties for violating wildlife protection laws vary with the               
 crime and the state.  The most common crime classification for                
 wildlife violations in all states is the criminal misdemeanor.  For           
 misdemeanor, states generally give judges discretion in choosing              
 the amount of the fine, length of jail term, or both.  In Alaska,             
 persons convicted of wildlife violations are guilty of a                      
 misdemeanor.  The penalty is jail for up to a year and a fine of up           
 to $5,000 (AS 16.05.925 (a)).                                                 
                                                                               
 "In addition to criminal penalties, some states have civil                    
 liability provisions of some kind.  About half the state                      
 legislatures have assessed the value of wildlife for civil                    
 liability purposes and list damages which may be sought as part of            
 a civil penalty.  Some states require the violator to pay, as a               
 condition of sentencing, restitution to the state for each animal             
 take.  Alaska is one of only 12 states which does not have                    
 restitution provisions for wildlife violations in statute.  HB 329            
 provides a schedule of restitution for wildlife violators to repay            
 as a condition of sentencing.                                                 
                                                                               
 "Alaskans are losing valuable wildlife to poachers.  Each piece of            
 game that is illegally taken from our state is an economic loss               
 that affects both our hunting and tourism industries.  HB 329 will            
 hold those illegal takers of game accountable for the value of                
 their lake.  Poachers will now have to pay restitution, as well as,           
 the penalties already in statute."                                            
                                                                               
 Number 1246                                                                   
                                                                               
 REPRESENTATIVE OGAN related a first hand experience and requested             
 to be included as a co-sponsor.  He encouraged the committee to               
 expedite the process and move the bill out of committee.                      
                                                                               
 Number 1298                                                                   
                                                                               
 REPRESENTATIVE DAVIES asked if the purpose of the legislation was             
 to make a mandatory fine.                                                     
                                                                               
 REPRESENTATIVE BUNDE explained that it is a civil penalty for the             
 loss of that state property.                                                  
                                                                               
 REPRESENTATIVE DAVIES stated that the prevailing penalty exceeds              
 any of these, except if there were multiple cases, so the judge               
 could fine up to that amount already.   So, the argument from                 
 Representative Ogan's point of view is that while judges could do             
 that, they don't do that, and so the purpose of this bill would be            
 to set a floor on the penalties?                                              
                                                                               
 Number 1330                                                                   
                                                                               
 REPRESENTATIVE BUNDE responded in the affirmative stating that many           
 first time offenders have pretty small fines and are liable for up            
 to $5,000.                                                                    
                                                                               
 REPRESENTATIVE DAVIES presumed that the fines and the restitutions            
 would be deposited in the general fund.                                       
                                                                               
 CO-CHAIRMAN GREEN stated that it would be a nondedicated fund.                
                                                                               
 REPRESENTATIVE BUNDE said that is correct.  It is a loss to the               
 state.                                                                        
                                                                               
 Number 1387                                                                   
                                                                               
 CO-CHAIRMAN GREEN discussed with Representative Bunde whether the             
 money going into the general fund would be lost rather than going             
 to a dedicated area that would actually ensure the restoration of             
 those diminished resources.                                                   
                                                                               
 REPRESENTATIVE BUNDE replied that these are resources that are                
 valued to the state, in general, and not just to the Department of            
 Fish and Game.  He said that representatives were here from the               
 Department of Fish and Game.                                                  
                                                                               
 Number 1457                                                                   
                                                                               
 REPRESENTATIVE NICHOLIA said she wanted to hear the full testimony            
 from the Department of Fish and Game.                                         
                                                                               
 REPRESENTATIVE OGAN moved that HB 329 move from the House Resources           
 Committee with individual recommendations.  There was an objection,           
 so a roll call vote was taken.  Representatives Ogan, Kott, Green             
 and Williams voted in favor of moving the bill.  Representatives              
 Davies and Nicholia voted against moving the bill.  So HB 329 moved           
 from The House Resources Committee.                                           
                                                                               
 Number 1532                                                                   
                                                                               
 REPRESENTATIVE NICHOLIA asked for the fiscal note on the bill.                
                                                                               
 REPRESENTATIVE BUNDE said the fiscal note was zero and that he                
 would make a copy available to the committee.