Legislature(2007 - 2008)BUTROVICH 205

03/26/2008 03:30 PM Senate RESOURCES


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03:39:43 PM Start
03:40:41 PM HB137
04:36:24 PM Confirmation Hearings – Board of Fisheries
05:33:31 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Confirmation Hearings:
Board of Fisheries
+ HB 137 FISHING/HUNTING/TRAPPING LICENSES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
-- Testimony <Time Limit May Be Set> --
       CSHB 137(FIN)am-FISHING/HUNTING/TRAPPING LICENSES                                                                    
                                                                                                                                
3:40:41 PM                                                                                                                    
CHAIR   HUGGINS  announced   CSHB   137(FIN)am  to   be  up   for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  PAUL SEATON,  sponsor of  HB 137,  explained that                                                               
this  measure  looks  at  the  current  Permanent  Identification                                                               
Program  (PID)  that is  a  free  benefit  for Alaskans  who  are                                                               
seniors  over  60  years  old.  Seniors who  apply  are  given  a                                                               
temporary I.D. until they get a  permanent one in the mail. It is                                                               
good as a  hunting, fishing and trapping license for  the rest of                                                               
one's life.                                                                                                                     
                                                                                                                                
He explained that  the problem with the program  is the potential                                                               
for fraud because the initial  application doesn't require people                                                               
to prove  they are an Alaskan  resident. They don't even  have to                                                               
show  a drivers'  license  and,  in fact,  if  you have  drivers'                                                               
license from another state, that's fine  - as long as you say you                                                               
are   an  Alaskan   resident.  Troopers   have  reported   having                                                               
difficulty with this lack of verification.                                                                                      
                                                                                                                                
In 2006,  297,895 seniors had  these free PID licenses  for life.                                                               
No  one  knows  how  current  the cards  are.  Some  people  have                                                               
actually  quit selling  fishing licenses  because so  many people                                                               
using these  cards for personal  use fishing were  obviously from                                                               
out-of-state.  You have  to be  a resident  to have  personal use                                                               
privileges, but it's almost impossible  for state troopers in the                                                               
field to verify.                                                                                                                
                                                                                                                                
REPRESENTATIVE  SEATON   said  HB  137  modifies   the  permanent                                                               
identification to  a three-year license.  The whole intent  is to                                                               
give  these free  licenses  to seniors,  but to  have  them on  a                                                               
three-year  cycle so  that if  people move  out of  state and  no                                                               
longer  maintain their  PFD eligibility,  then  they wouldn't  be                                                               
able to get the free license.                                                                                                   
                                                                                                                                
The intent  of the department is  to just check PIDs  against the                                                               
PFD  list and  send people  new cards  as long  as they  were PFD                                                               
eligible on a  three-year cycle. Since some  people disagree with                                                               
the PFD  program, HB 137 also  has a provision allowing  a senior                                                               
to demonstrate  he has  been in  Alaska for 180  days out  of the                                                               
previous year  to maintain the  same eligibility. He said  HB 137                                                               
also  expands  this  three-year   free  license  to  active  duty                                                               
National  Guard that  perform emergency  services  for Alaska  as                                                               
well as overseas in support of our country.                                                                                     
                                                                                                                                
3:45:37 PM                                                                                                                    
ADF&G estimates  the state is  losing $137,000 per year  from non                                                               
residents  continuing  to  participate in  hunting  and  fishing.                                                               
About 300,000  cards are  out there now  and Alaska  doesn't have                                                               
300,000 seniors.                                                                                                                
                                                                                                                                
SENATOR STEVENS said he supported  this measure and quipped about                                                               
how  many members  of the  Senate are  over 60  and already  have                                                               
their permanent licenses.                                                                                                       
                                                                                                                                
3:47:04 PM                                                                                                                    
SENATOR WAGONER  said it was a  good idea, but if  the department                                                               
knows there is  that much fraud, why aren't  they doing something                                                               
about it and  prosecuting them. He is embarrassed  that it hasn't                                                               
been addressed by the authorities already.                                                                                      
                                                                                                                                
SENATOR GREEN asked what the  current penalty for fraud like this                                                               
is.                                                                                                                             
                                                                                                                                
REPRESENTATIVE  SEATON  answered  the  he  didn't  know  exactly,                                                               
because the  requirement for residency is  "very squishy" because                                                               
you can  have an  out-of-state drivers' license  and still  be an                                                               
in-state resident. It's very difficult  for troopers in the field                                                               
to determine residency.                                                                                                         
                                                                                                                                
SENATOR  WAGONER asked  how  a person  can  have an  out-of-state                                                               
drivers'  license and  be  eligible for  a  resident hunting  and                                                               
fishing  license. Doesn't  the law  say you  must get  an Alaskan                                                               
drivers' license as soon as you establish a residence here?                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON replied  that's  true, but  if you  travel                                                               
outside for any length of time  even though you don't change your                                                               
residency, you are  often required to get a  new drivers' license                                                               
in  some  states.  Nothing  in Alaska  statute  ties  a  drivers'                                                               
license to residency verification.                                                                                              
                                                                                                                                
He has  been told by the  troopers and the department  that it is                                                               
extremely  difficult  to  identify  residency;  that's  why  they                                                               
turned to PFD list. ADF&G has  access to the PFD list which makes                                                               
it an easy call. He said the  penalty for fraud is five years and                                                               
$5,000.                                                                                                                         
                                                                                                                                
SENATOR GREEN asked if the  bill says giving wrong information on                                                               
an application is  fraud or vowing you are an  Alaska resident to                                                               
get a free PID.                                                                                                                 
                                                                                                                                
REPRESENTATIVE SEATON  answered that any  time you tell a  lie on                                                               
government paperwork  there is a  general fraud penalty;  the PID                                                               
doesn't have a separate penalty.  Mostly what's happening is that                                                               
someone was an Alaskan resident  when they applied, but then they                                                               
left the  state. They  have the permanent  card even  though fine                                                               
print on the back of it says:                                                                                                   
                                                                                                                                
     This card must be in  your possession while engaging in                                                                    
     authorized activities  as described  in the  front. The                                                                    
     card is not  valid if residency requirements  as per AS                                                                    
     16.05.940  and AS  16.05.415 and  veteran requirements,                                                                    
     if applicable, per AS 16.05.341 are not maintained.                                                                        
                                                                                                                                
CHAIR HUGGINS asked what those provisions mean.                                                                                 
                                                                                                                                
REPRESENTATIVE SEATON replied that a  letter from the Division of                                                               
Administrative Services  in their packets explains  that resident                                                               
is:                                                                                                                             
                                                                                                                                
     A  person who  for  12  consecutive months  immediately                                                                    
     preceding the  time when the assertion  of residency is                                                                    
     made has  maintain permanent domicile in  the state and                                                                    
     who  is neither  claiming residency  in another  state,                                                                    
     territory or country or  obtaining benefits under claim                                                                    
     of residency in another state.                                                                                             
                                                                                                                                
He reiterated that the department  has brought this issue forward                                                               
as a problem and that's why the bill is here.                                                                                   
                                                                                                                                
3:55:02 PM                                                                                                                    
CHAIR HUGGINS said he wanted to see statistics on violations.                                                                   
                                                                                                                                
KATIE SHOWS,  staff to Representative  Seaton, said  there aren't                                                               
any  statistics  because it's  difficult  to  enforce and  so  it                                                               
hasn't  been a  priority. She  had  a series  of eight  anecdotal                                                               
comments from Wildlife Troopers about this type of abuse.                                                                       
                                                                                                                                
CHAIR HUGGINS said  he's looking for a simple  solution and asked                                                               
if they  couldn't just require  having a current  Alaska drivers'                                                               
license.                                                                                                                        
                                                                                                                                
REPRESENTATIVE SEATON  answered that  nothing in statute  says an                                                               
Alaskan  resident  over 60  years  old  has  to have  a  drivers'                                                               
license and many  Natives in the field don't have  them. Both the                                                               
department and enforcement have said  the current system does not                                                               
work and have suggested using PFD data.                                                                                         
                                                                                                                                
3:58:10 PM                                                                                                                    
CHAIR HUGGINS said he thought  about expanding the three years to                                                               
five years.                                                                                                                     
                                                                                                                                
SENATOR WAGONER said he didn't know  that there was as much abuse                                                               
as the  department says because  he regularly drives  through the                                                               
parking lot  for the  Kenai dip net  fishery looking  for out-of-                                                               
state licenses and he hasn't seen one.                                                                                          
                                                                                                                                
REPRESENTATIVE  SEATON responded  that they  don't have  any idea                                                               
how much abuse  goes on, but they do know  300,000 of these cards                                                               
have been issued.  One of the more problematic  features has been                                                               
not only the  personal use fishery, but the  permit hunts because                                                               
a number  of them  require Alaskan  residency. This  loophole has                                                               
been identified as a problem.                                                                                                   
                                                                                                                                
CHAIR HUGGINS asked for examples.                                                                                               
                                                                                                                                
REPRESENTATIVE SEATON answered like goat hunting.                                                                               
                                                                                                                                
CHAIR HUGGINS said age starts  eliminating the older participants                                                               
and most people over 60 don't hunt for goats.                                                                                   
                                                                                                                                
4:01:37 PM                                                                                                                    
SENATOR GREEN asked if they  aren't enforcing what they currently                                                               
have,  why  change  anything  if  it's  not  going  to  make  any                                                               
difference. She didn't know why people  over 60 get a free PID in                                                               
the first  place and she was  struck by a comment  in the sponsor                                                               
statement  that  said  HB   137  establishes  stricter  licensing                                                               
requirements - and she asked where those were located.                                                                          
                                                                                                                                
REPRESENTATIVE SEATON directed  her to section 4 on  page 3 where                                                               
language  says PFD  eligibility  is maintained  by  being in  the                                                               
state for 180 days a year.                                                                                                      
                                                                                                                                
SENATOR GREEN asked when the proof  of receiving a PFD kicks in -                                                               
at someone's  office who has  access to the  PFD records or  to a                                                               
trooper in the field.                                                                                                           
                                                                                                                                
REPRESENTATIVE SEATON replied  before the new card  is issued, it                                                               
will be checked at the ADF&G licensing counter.                                                                                 
                                                                                                                                
4:04:35 PM                                                                                                                    
CHAIR HUGGINS asked how this would work.                                                                                        
                                                                                                                                
KRISTIN  WRIGHT,   Supervisor,  Finance  and   Licensing,  Alaska                                                               
Department of  Fish and Game  (ADF&G), replied HB 137  says every                                                               
three years she would have  an automatic system that would cross-                                                               
reference  PIDs  with  the  PFD  disbursement  file.  People  who                                                               
received  a  PFD would  automatically  get  a  new card  at  that                                                               
address. If  not, she would send  a letter stating that  they did                                                               
not receive a PFD and asking  for other proof of residency like a                                                               
utility  bill. She  wouldn't send  anything if  she didn't  get a                                                               
response.                                                                                                                       
                                                                                                                                
4:06:37 PM                                                                                                                    
SENATOR GREEN asked where it says "automatically."                                                                              
                                                                                                                                
MS. WRIGHT answered that Representative  Seaton wanted that done.                                                               
The Department  of Motor Vehicles  sends out notices  for expired                                                               
licenses and  she didn't  think that  many people  would remember                                                               
it's time to get a new PID card.                                                                                                
                                                                                                                                
SENATOR GREEN said  its one thing to send them  a renewal notice,                                                               
but she wouldn't be automatically sending them a new PID card.                                                                  
                                                                                                                                
MS. WRIGHT answered  if they were on the PFD  disbursal list, she                                                               
wouldn't make  seniors fill  out another  form because  she would                                                               
already know they are an Alaskan resident and send them a card.                                                                 
                                                                                                                                
SENATOR WAGONER said  it would cost the state  $126,000 in postal                                                               
charges  alone to  send out  notices to  the current  300,000 PID                                                               
card holders.  Why should the  state spend that  additional money                                                               
if people are  going to get a free fishing,  hunting and trapping                                                               
license for five  years. They should be able to  check every year                                                               
to  keep  it  current.  Secondly, he  asked,  if  the  department                                                               
already has  a list of 300,000  PID cards, why aren't  they cross                                                               
checking them  with the PFD list  and sending out tickets  to the                                                               
violators in the mail and a date to appear in court.                                                                            
                                                                                                                                
MS. WRIGHT  answered they don't  actually know that  these people                                                               
are actively fishing or hunting.  She couldn't send them a ticket                                                               
because they haven't been caught.  It isn't until a trooper meets                                                               
them in the field that they whip out their PID card.                                                                            
                                                                                                                                
SENATOR  WAGONER said  he  thought  it would  be  pretty easy  to                                                               
compare the two lists and, if  nothing else, come up with a watch                                                               
list of who is not eligible  and distribute that to the people in                                                               
the field and  the ones selling licenses. He thinks  the state is                                                               
way too  easy on people  who fill up  their freezers and  go back                                                               
home with Alaska's resource.                                                                                                    
                                                                                                                                
CHAIR HUGGINS  asked her to  explain the timing of  checking with                                                               
the PFD and the expiration.                                                                                                     
                                                                                                                                
4:12:30 PM                                                                                                                    
MS. WRIGHT answered that a license  is valid for a calendar year,                                                               
January through  December. A new  license in 2008 would  be valid                                                               
through 2010.  Some time in  November or December 2010  she would                                                               
look  at the  2009  PFD eligibility  disbursement  and she  would                                                               
either send  a new  card, a  renewal reminder  or wait  until the                                                               
person contacts  her. She would know  the name is valid  for that                                                               
time period.                                                                                                                    
                                                                                                                                
CHAIR HUGGINS asked why not fix this in regulation.                                                                             
                                                                                                                                
MS. WRIGHT  replied they  probably could, but  would have  to ask                                                               
legal counsel.                                                                                                                  
                                                                                                                                
CHAIR HUGGINS asked what is out of sync with the calendar year.                                                                 
                                                                                                                                
MS.  WRIGHT  answered that  trapping  license  are valid  through                                                               
January 31 of the following year.                                                                                               
                                                                                                                                
CHAIR HUGGINS explained  the reason for that  is because trappers                                                               
were out in  the Bush.  He  still had a hard  time believing this                                                               
is a big problem. Is it a big problem her mind?                                                                                 
                                                                                                                                
MS.  WRIGHT replied  the Department  of Public  Safety (DPS)  has                                                               
heard a  lot of concerns from  its troopers in the  field because                                                               
it  is very  hard  to tell  if  the people  they  see are  really                                                               
residents  or not.  You  have to  actually go  out  and prove  by                                                               
looking  at their  records where  they are  now living.  In 2006,                                                               
there  were  only two  violations  -  one  in  Hyder and  one  in                                                               
Ninilchik. She wasn't aware of any in 2007.                                                                                     
                                                                                                                                
SENATOR WAGONER  said the  PFD list doesn't  do the  department a                                                               
bit of good in determining  residency because someone can be gone                                                               
from the  state 300 days  a year and as  long as they  maintain a                                                               
residence  and  maintain  their   voting  registration  they  are                                                               
legally a resident of the state of Alaska.                                                                                      
                                                                                                                                
MS. WRIGHT said not and get the PFD.                                                                                            
                                                                                                                                
SENATOR  WAGONER said  just because  a person  doesn't get  a PFD                                                               
doesn't mean they aren't a resident.                                                                                            
                                                                                                                                
MS. WRIGHT  replied she  worked with  the DPS  and DOL  about two                                                               
years  ago on  the residency  issue for  fish and  game purposes.                                                               
Each  program has  its  own residency  requirements.  One of  the                                                               
questions she  came up with was  how long could you  be gone from                                                               
the state.  So the  lawyers found  that courts  also look  at the                                                               
number of  months spent  at a domicile  located in  another state                                                               
versus the number of months spent  in Alaska. For example, if you                                                               
spend nine  months in another  state and three months  in Alaska,                                                               
your residency in  Alaska could be questioned and  would be taken                                                               
into  consideration   along  with  other  factors.   There  isn't                                                               
necessarily a hard and fast rule.                                                                                               
                                                                                                                                
4:19:32 PM                                                                                                                    
SENATOR WAGONER  said they should  put it either  into regulation                                                               
or  statute  because  without  that,  people  have  a  legitimate                                                               
argument that they are legal residents.                                                                                         
                                                                                                                                
MS.  WRIGHT agreed  he was  correct  that putting  it in  statute                                                               
would make it clear, but then you  would have a big debate on how                                                               
long you could be gone.                                                                                                         
                                                                                                                                
SENATOR GREEN  directed them to the  Department of Administration                                                               
memo on definitions.  Since it's in the  Administrative Code, she                                                               
didn't think it necessarily had to be in statute.                                                                               
                                                                                                                                
MS. WRIGHT  said the  code doesn't  put the  time limit  in; only                                                               
that it will be considered.                                                                                                     
                                                                                                                                
SENATOR GREEN asked  her to make sure the  current identity theft                                                               
legislation didn't impact the ability  of her department to share                                                               
information with other departments.                                                                                             
                                                                                                                                
CHAIR HUGGINS directed Ms. Wright  to get together with his staff                                                               
and  work through  these  issues. He  opened  the public  comment                                                               
period.                                                                                                                         
                                                                                                                                
4:21:58 PM                                                                                                                    
DREW SPARLIN, Kenai  resident for 40 years, said he  is an active                                                               
fisherman and hunter.  He has been a grateful user  of a PID card                                                               
for last 10  years and he supported the concept  behind HB 137 in                                                               
light of its many benefits.                                                                                                     
                                                                                                                                
4:23:33 PM                                                                                                                    
MCHUGH  PIERRE,   Legislative  Liaison,  Military   and  Veterans                                                               
Affairs, strongly supported HB 137  especially because of section                                                               
3. They  believe this is  an opportunity to encourage  efforts at                                                               
recruiting,  but also  to  recognize  the men  and  women in  the                                                               
Alaska Army and  Air National Guard for  their efforts protecting                                                               
our state and nation.                                                                                                           
                                                                                                                                
CHAIR HUGGINS said  this is intended as a recruiting  tool and he                                                               
thought they should  make sure they are not  excluding people who                                                               
might be  in a different  unit. He asked  if other states  have a                                                               
benefit like this.                                                                                                              
                                                                                                                                
4:25:56 PM                                                                                                                    
MR. PIERRE answered not in  Alaska, but other states have similar                                                               
benefits where one presents a military  I.D. as proof of being an                                                               
active  member   in  good  standing.  Reservists   would  have  a                                                               
certified document signed by your unit commander.                                                                               
                                                                                                                                
CHAIR HUGGINS said  sometimes people are a member of  a unit, but                                                               
they live in  a different state and that is  particularly true of                                                               
the  Air National  Guard. He  asked if  Alaska has  any of  those                                                               
instances because that would complicate  the language in the bill                                                               
a little bit.                                                                                                                   
                                                                                                                                
MR. PIERRE  answered he  didn't know of  any Alaska  Air National                                                               
Guard  members who  are residents  in another  state, but  he has                                                               
heard anecdotal stories  about members of the  Air National Guard                                                               
who live  in Alaska  that are  members of  the Washington  or the                                                               
California Air National Guard.                                                                                                  
                                                                                                                                
CHAIR  HUGGINS  said he  was  trying  to ascertain  whether  this                                                               
language works  for Alaska in  the sense that  they have to  be a                                                               
resident and an active member or is it just an active member.                                                                   
                                                                                                                                
MR.  PIERRE replied  they have  to be  a resident  and an  active                                                               
member; that  can be established  with the PFD  qualifications as                                                               
well as  their UTA  good standing  certificate. They  are talking                                                               
about 4,300  members for  the Guard;  for the  reserve components                                                               
they are talking about another 750 people at the absolute most.                                                                 
                                                                                                                                
CHAIR HUGGINS held HB 137 in committee.                                                                                         
                                                                                                                                

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