Legislature(2013 - 2014)BARNES 124

02/07/2014 01:00 PM House RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 285 KACHEMAK BAY CRITICAL HABITAT AREA TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 268 BIG BULL MOOSE DERBIES TELECONFERENCED
Moved CSHB 268(RES) Out of Committee
                 HB 268-BIG BULL MOOSE DERBIES                                                                              
                                                                                                                                
1:23:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SADDLER announced that the  next order of business would                                                               
be  HOUSE BILL  NO.  268,  "An Act  relating  to  big bull  moose                                                               
derbies." [Before the committee  was Version 28-LS0851\N, Martin,                                                               
1/31/14, adopted as the working document on 2/3/14.]                                                                            
                                                                                                                                
REPRESENTATIVE P.  WILSON moved  to adopt the  proposed committee                                                               
substitute for  HB 268, Version  C, labeled  28-LS0851\C, Martin,                                                               
2/4/14 as the working draft.                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON objected for discussion purposes.                                                                         
                                                                                                                                
1:24:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  T. WILSON,  Alaska  State Legislature,  explained                                                               
the change, which adds "Snow Town Ice Classic" to the title.                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  removed  his  objection  [Version  C  was                                                               
before the committee].                                                                                                          
                                                                                                                                
1:24:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  moved to adopt Amendment  1, labeled 28-                                                               
LS0851\C.1, Martin, 2/6/14, which read as follows:                                                                              
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "derbies"                                                                                                    
          Insert "classics"                                                                                                   
                                                                                                                                
     Page 2, line 24:                                                                                                           
          Delete "derbies"                                                                                                  
          Insert "classics"                                                                                                 
                                                                                                                                
     Page 3, line 4:                                                                                                            
          Delete "derbies"                                                                                                  
          Insert "classics"                                                                                                 
                                                                                                                                
     Page 3, line 12:                                                                                                           
          Delete "derbies"                                                                                                  
          Insert "classics"                                                                                                 
                                                                                                                                
     Page 3, line 18:                                                                                                           
          Delete "derbies"                                                                                                  
          Insert "classics"                                                                                                 
                                                                                                                                
     Page 4, line 11:                                                                                                           
          Delete "derby"                                                                                                        
          Insert "classic"                                                                                                      
                                                                                                                                
REPRESENTATIVE HAWKER objected for discussion purposes.                                                                         
                                                                                                                                
1:25:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  explained that "derby" gives  a perverse                                                               
financial incentive  to hunt.   He was  unsure if the  bill would                                                               
increase  the number  of  hunters  for a  limited  resource.   He                                                               
stated that  Amendment 1 would  highlight betting on the  size of                                                               
the  antlers.   In Fairbanks  there are  6,200 permits  and 1,400                                                               
moose   killed  [annually],   so  ideally   6,200  people   would                                                               
participate in  the derby; however,  under Amendment 1,  it could                                                               
attract more  people to  bet on  the size  of the  antlers rather                                                               
than competing for the size of the largest antlers.                                                                             
                                                                                                                                
1:27:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  asked  the sponsor  to  weigh  in  on                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  T. WILSON  responded  it was  not  her intent  to                                                               
encourage someone to shoot the  biggest moose, but she was unsure                                                               
that changing  the term  from "derbies"  to "classics"  makes the                                                               
intended change.                                                                                                                
                                                                                                                                
1:28:41 PM                                                                                                                    
                                                                                                                                
BRUCE TANGEMAN, Deputy Commissioner,  Office of the Commissioner,                                                               
Department of Revenue (DOR), responded  that he was unsure of the                                                               
language in Amendment 1.                                                                                                        
                                                                                                                                
CO-CHAIR  SADDLER  explained that  the  word  "derbies" would  be                                                               
deleted and the word "classics" inserted in its stead.                                                                          
                                                                                                                                
JOE KOSS, Tax Auditor, Anchorage  Office, Tax Division, responded                                                               
that the  statutes don't specifically  define this.   In general,                                                               
however, the use  has been that classics  are considered guessing                                                               
games  in which  the  person guesses  the depth  of  snow or  the                                                               
specific time the  ice goes out, whereas with a  derby, such as a                                                               
fish derby,  would identify  the biggest fish  caught or  in this                                                               
case the widest spread of antlers taken during the derby.                                                                       
                                                                                                                                
1:30:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  said that  a constituent  in his  area had                                                               
expressed  concern  about the  potential  increase  in the  moose                                                               
harvest.  He  pointed out existing antler  size restrictions that                                                               
require a minimum of spike four  or above "50" inch spread due to                                                               
the limited  number of moose.   He pointed out the  definition of                                                               
"big  bull moose  derby"  means  a contest  in  which prizes  are                                                               
awarded for harvesting  "bull moose" based on the  size or spread                                                               
of  the antlers.   Therefore,  based  on the  definition and  his                                                               
conversation with  the sponsor, he understood  that the amendment                                                               
would  eliminate  "big  bull  moose" derbies  and  only  allow  a                                                               
classic.   He  pointed out  the  statute will  affect the  entire                                                               
state so  he would favor broadly-permissive  language for derbies                                                               
and classics,  which could allow  communities to  choose whatever                                                               
is more applicable  for the area.  Therefore, he  is not in favor                                                               
of Amendment 1,  as written.  He asked whether  the sponsor would                                                               
be willing to consider broader language.                                                                                        
                                                                                                                                
1:32:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T. WILSON answered that  opening it up to the most                                                               
people is  the purpose of this  bill.  She pointed  out that this                                                               
provides  one  mechanism  to  raise  revenue.    She  appreciated                                                               
Representative  Seaton's  statement  since  she  hopes  for  more                                                               
opportunities for groups so she supports opening it up.                                                                         
                                                                                                                                
1:33:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON asked  regardless of what it  is called, a                                                               
person  could create  an element  of  chance even  if the  person                                                               
wasn't hunting.  He asked if he was wrong in this assumption.                                                                   
                                                                                                                                
MR. KOSS requested clarification of the question.                                                                               
                                                                                                                                
REPRESENTATIVE  JOHNSON explained  that  the  person who  guessed                                                               
closest to the size of antlers could  share the pot of money.  He                                                               
clarified it would  be a lottery and asked whether  it matters if                                                               
it is called a derby or a classic.                                                                                              
                                                                                                                                
MR. KOSS supposed so and did not see a problem with that.                                                                       
                                                                                                                                
1:35:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER,  addressing his objection to  Amendment 1,                                                               
stated  he is  going to  support the  sponsor in  calling this  a                                                               
derby.  He offered his  belief there isn't any reasonably defined                                                               
difference between  a classic and a  derby.  Further, he  did not                                                               
think  this has  anything to  do with  conservation issues  since                                                               
those matters are handled in rigorous and controlled manners.                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON  agreed if  just  talking  about the  word                                                               
derby  or classic  that  would be  so; however,  on  page 4,  [AS                                                               
04.15.690 (50) reads:                                                                                                           
                                                                                                                                
     "big bull moose derby" means a contest in which prizes                                                                     
       are awarded for harvesting bull moose based on the                                                                       
     size or spread of the antlers.                                                                                             
                                                                                                                                
REPRESENTATIVE  SEATON  explained  that  the  problem  isn't  the                                                               
general  term  but  that  the  definition  specifically  includes                                                               
harvesting bull  moose.  He  appreciated the  sponsor recognizing                                                               
all areas  of the state.   He suggested one fix  if acceptable to                                                               
sponsor,  could  insert  "derbies  or classics"  to  create  more                                                               
options for communities.                                                                                                        
                                                                                                                                
1:38:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI withdrew Amendment 1.                                                                                   
                                                                                                                                
REPRESENTATIVE  OLSON  agreed  with  Representative  Hawker  that                                                               
bills can be challenging with respect to derbies and classics.                                                                  
                                                                                                                                
REPRESENTATIVE HAWKER concurred with withdrawing Amendment 1.                                                                   
                                                                                                                                
1:39:07 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SADDLER  moved  to adopt  Conceptual  Amendment  2,  to                                                               
remove the references to "big" as  it may be cleaner to allow the                                                               
derby organization to advertise the specifics.                                                                                  
                                                                                                                                
REPRESENTATIVE HAWKER  objected, saying he wants  to preserve the                                                               
sponsor's original intent of the bill.                                                                                          
                                                                                                                                
REPRESENTATIVE SEATON asked the sponsor to comment.                                                                             
                                                                                                                                
REPRESENTATIVE  T. WILSON  said she  would like  organizations in                                                               
her area to be able to raise  money.  She offered her belief that                                                               
having the language "big" or not having it was fine either way.                                                                 
                                                                                                                                
1:40:46 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representative Saddler  voted in                                                               
favor  of   Conceptual  Amendment  2.     Representative  Hawker,                                                               
Johnson,  Olson, Seaton,  P. Wilson,  and Kawasaki  voted against                                                               
it.  Therefore, Conceptual Amendment 2 failed by a vote of 1-6.                                                                 
                                                                                                                                
REPRESENTATIVE   JOHNSON  encouraged   the   sponsor  to   remove                                                               
"harvesting" in  the next committee,  which would give  people an                                                               
opportunity to participate.                                                                                                     
                                                                                                                                
CO-CHAIR SADDLER, after  first determining no one  else wished to                                                               
testify, closed public testimony on HB 268.                                                                                     
                                                                                                                                
1:43:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON moved to report  the proposed committee                                                               
substitute  (CS) for  HB 268,  Version C,  out of  committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection,  CSHB 268(RES)  was reported  from the                                                               
House Resources Standing Committee.                                                                                             

Document Name Date/Time Subjects
City of Homer Open for Business Reso 13-118.pdf HRES 2/7/2014 1:00:00 PM
HB 285
HB 285 Sponsor Statement.pdf HRES 2/7/2014 1:00:00 PM
HB 285
KBCHA proposed areas of exclusion.pdf HRES 2/7/2014 1:00:00 PM
HB 285
legal description of KBCHA exemption from Alaska Department of Natural Resources.pdf HRES 2/7/2014 1:00:00 PM
HB 285
Map Proposed Exclusion to the Kachemak Bay Critical Habitat Area from DNR.pdf HRES 2/7/2014 1:00:00 PM
HB 285
Relevant pages of Kachemak Bay and Fox River Flats Critical Habitat Areas Management Plan.pdf HRES 2/7/2014 1:00:00 PM
HB 285
Reso 14-005 Kachemak Bay Critical Habitat Boundary Change.pdf HRES 2/7/2014 1:00:00 PM
HB 285
HCOCsupportCity of Homer.pdf HRES 2/7/2014 1:00:00 PM
HB 285
North Star Terminal Letter of Support.pdf HRES 2/7/2014 1:00:00 PM
HB 285
HB 285 Bullet Proof Nets Letter.pdf HRES 2/7/2014 1:00:00 PM
HB 285
HB 285 Erickson Letter.pdf HRES 2/7/2014 1:00:00 PM
HB 285
HB 285 Edgewater Marine Surveyors Letter.pdf HRES 2/7/2014 1:00:00 PM
HB 285
HB285-DFG-HAB-01-30-14.pdf HRES 2/7/2014 1:00:00 PM
HB 285
HB 268(RES) Version C.pdf HRES 2/7/2014 1:00:00 PM
HB 268
HB 285 KBCS Letter.docx.pdf HRES 2/7/2014 1:00:00 PM
HB 285
HB 285 Zak Letter.pdf HRES 2/7/2014 1:00:00 PM
HB 285
HB268-DOR-TAX-01-31-14.pdf HRES 2/7/2014 1:00:00 PM
HB 268