Legislature(2007 - 2008)BUTROVICH 205

03/28/2008 03:30 PM Senate RESOURCES


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03:43:59 PM Start
03:44:57 PM HB137
04:41:04 PM Confirmation Hearing - Big Game Commercial Services Board
04:53:56 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings: TELECONFERENCED
+ Big Game Commercial Services Board TELECONFERENCED
Board of Fisheries <Continued from 3/26>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+ -- Testimony <Time Limit May Be Set> -- TELECONFERENCED
+= HB 137 FISHING/HUNTING/TRAPPING LICENSES TELECONFERENCED
Heard & Held
            HB 137-FISHING/HUNTING/TRAPPING LICENSES                                                                        
                                                                                                                                
3:44:57 PM                                                                                                                    
CHAIR   HUGGINS  announced   CSHB   137(FIN)am  to   be  up   for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  SEATON, sponsor  of  HB 137,  recapped that  this                                                               
measure  makes the  free permanent  senior  hunting, fishing  and                                                               
trapping  license renewable  every five  years. The  problem with                                                               
the current  license is  that it  has no tie  to its  users' real                                                               
residency. This  ties issuance of  a permanent senior  license to                                                               
the Permanent  Fund dividend qualifications,  which is  a listing                                                               
that  can  easily  be  checked by  the  agencies  themselves.  It                                                               
doesn't expand  who can  get this  list. So  if troopers  need to                                                               
verify that  somebody is legally  qualified, they can  call their                                                               
office  where  someone  could   immediately  check  its  validity                                                               
against a PFD qualification list.                                                                                               
                                                                                                                                
He explained  that the other part  of the bill allows  members of                                                               
the Alaska National  Guard and Army to get a  resident license as                                                               
well. This committee  expressed interest in expanding  the to the                                                               
all Alaska  reserve forces including  the Army, Air  Force, Navy,                                                               
Marines and the Coast Guard. There  is a total of 4,879 potential                                                               
individuals who could get those  licenses under that system - 399                                                               
from the  Army Reserve, 164 from  the Air Force Reserve,  78 from                                                               
the Navy Reserve,  46 from the Marines  Reserve and approximately                                                               
300 from the Coast Guard Reserve for a total of 987.                                                                            
                                                                                                                                
3:47:43 PM                                                                                                                    
CHAIR  HUGGINS  asked if  he  had  asked  the Division  of  Motor                                                               
Vehicles about cross checking these against drivers' licenses.                                                                  
                                                                                                                                
REPRESENTATIVE   SEATON  answered   that  requirement   would  be                                                               
superfluous under this measure, because  they already use the PFD                                                               
qualifications for residential verification.                                                                                    
                                                                                                                                
CHAIR HUGGINS said  he got a call the other  day from someone who                                                               
was  concerned about  what  appears  to be  sort  of a  wholesale                                                               
approach of  just checking the PFD  and that it's sort  our local                                                               
Alaska databank. He tended to agree  with the person. He asked if                                                               
that has come up in any conversation.                                                                                           
                                                                                                                                
REPRESENTATIVE  SEATON  answered  yes;  that  has  come  up.  The                                                               
question  is if  the  state  will somehow  be  supplying the  PFD                                                               
database to people selling licenses and the answer is no.                                                                       
                                                                                                                                
SENATOR WAGONER  pointed out when a  person applies to get  a PFD                                                               
they  know full  well their  name will  go on  the list.  If they                                                               
don't want it to  go on the list, they shouldn't  sign up for the                                                               
PFD. That's the only way they  can guarantee they won't be called                                                               
up for jury duty, for instance. It's a very convenient list.                                                                    
                                                                                                                                
CHAIR  HUGGINS said  maybe  it's  a bad  habit  and maybe  people                                                               
should think about it.                                                                                                          
                                                                                                                                
3:51:33 PM                                                                                                                    
REPRESENTATIVE SEATON said  the problem is that  troopers have no                                                               
good way to check for residency in the field.                                                                                   
                                                                                                                                
3:52:35 PM                                                                                                                    
SENATOR GREEN joined the committee.                                                                                             
                                                                                                                                
SENATOR STEVENS said people go on  and off that list all the time                                                               
and asked if the list would always be current.                                                                                  
                                                                                                                                
REPRESENTATIVE  SEATON answered  the PFD  application is  for one                                                               
year and those are in by March.                                                                                                 
                                                                                                                                
3:55:18 PM                                                                                                                    
CHAIR HUGGINS  asked if he  ever discussed being sending  the PFD                                                               
list to the ADF&G as soon as it comes in.                                                                                       
                                                                                                                                
REPRESENTATIVE SEATON  said he hadn't  had that  conversation; if                                                               
troopers can  verify in  the field  that a  license is  no longer                                                               
valid,  that would  be  good enough.  He didn't  want  to put  an                                                               
administrative  burden  on  the  Permanent  Fund  Corporation  to                                                               
specifically contact the ADF&G.                                                                                                 
                                                                                                                                
CHAIR HUGGINS  said he saw  (Department of Public  Safety) Deputy                                                               
Commissioner Glass in town this  week and asked what his position                                                               
is on this issue.                                                                                                               
                                                                                                                                
REPRESENTATIVE SEATON replied that he hadn't talk with him.                                                                     
                                                                                                                                
3:57:59 PM                                                                                                                    
SENATOR WAGONER  asked if  this becomes  a five-year  program and                                                               
his license  was issued February 2006,  does that mean he  has to                                                               
start the five  years over again or would he  get it renewed five                                                               
years from the date his was issued.                                                                                             
                                                                                                                                
REPRESENTATIVE SEATON  answered that the fiscal  note indicates a                                                               
larger amount  for the  first year and  that is  because everyone                                                               
would  get checked  against the  PFD  and everybody  would get  a                                                               
letter saying their PIDs are no  longer valid and giving them the                                                               
new one.                                                                                                                        
                                                                                                                                
3:59:09 PM                                                                                                                    
KRISTIN   WRIGHT,  Finance   and  Licensing   Supervisor,  Alaska                                                               
Department of  Fish and  Game (ADF&G),  added that  Senator Green                                                               
asked  if this  could be  an administrative  code change  and she                                                               
checked with Kevin Saxby, Department  of Law (DOL), who concurred                                                               
with Legislative Legal Services that  since the AS 16.05.400 says                                                               
"permanent" language couldn't be done by administrative change.                                                                 
                                                                                                                                
CHAIR   HUGGINS   indicated   there    were   no   questions   on                                                               
Representative Seaton's letter dated March 27, 2008.                                                                            
                                                                                                                                
MS. WRIGHT  said she  hadn't done a  revised fiscal  note because                                                               
she  was waiting  on the  decision of  three or  five years.  She                                                               
estimated the  reserve list  would cost  another $4,500  (in lost                                                               
revenue).                                                                                                                       
                                                                                                                                
4:01:58 PM                                                                                                                    
SENATOR  GREEN asked  if  the  CS contained  the  five year  time                                                               
frame.                                                                                                                          
                                                                                                                                
CHAIR HUGGINS replied no; the five years is still an amendment.                                                                 
                                                                                                                                
4:02:24 PM                                                                                                                    
LIEUTENANT RODNEY DIAL, State Trooper,  Ketchikan, asked to defer                                                               
questions to  Major Steve Bear  who could more  accurately answer                                                               
them on this law.                                                                                                               
                                                                                                                                
4:03:35 PM                                                                                                                    
MAJOR STEVE  BEAR, Deputy Director,  Division of  Alaska Wildlife                                                               
Troopers, Anchorage,  said the department has  a neutral position                                                               
on HB  137. He said it  has concerns with the  permanent license,                                                               
because they  run into  difficulty when folks  move out  of state                                                               
and come  back with their  permanent I.D. card that  doesn't have                                                               
instructions for  them to turn it  in when they leave  the state;                                                               
their defense is  that they had no idea they  were supposed to do                                                               
that. So, some change is needed.                                                                                                
                                                                                                                                
4:05:04 PM                                                                                                                    
CHAIR  HUGGINS asked  how  many people  used  the permanent  I.D.                                                               
invalidly.                                                                                                                      
                                                                                                                                
MAJOR BEAR  replied it's hard to  come up with hard  numbers, but                                                               
anecdotally last  summer a  trooper checked an  I.D. card  on the                                                               
river bank and  happened to notice the gentlemen also  had in his                                                               
wallet  an Arizona  drivers' license.  He learned  that both  the                                                               
husband and  wife lived out  of state for  a few years.  This was                                                               
their  first  trip  back  to  Alaska  and  they  were  under  the                                                               
impression it  was a  permanent license  issued to  them forever.                                                               
Even though  the trooper seized  the card, the  district attorney                                                               
was  not willing  to charge  them with  anything. Looking  at the                                                               
lack  of  instructions on  the  application,  he thought  it  was                                                               
reasonable of them to think it was permanent.                                                                                   
                                                                                                                                
CHAIR HUGGINS asked if there is another way to fix this.                                                                        
                                                                                                                                
MAJOR  BEAR  answered   that  at  least  some   language  on  the                                                               
application would have to give  instructions to people about what                                                               
to do  when they no longer  remain in Alaska. They  have also run                                                               
permanent licenses that aren't in  the ADF&G database anymore and                                                               
couldn't  ascertain if  they  were issued  validly  in the  first                                                               
place. So, that would need some change.                                                                                         
                                                                                                                                
4:07:28 PM                                                                                                                    
SENATOR  STEVENS  asked  what  a  trooper would  do  if  he  were                                                               
presented with  an unending license  even if the law  was changed                                                               
to require renewal every three years.                                                                                           
                                                                                                                                
MAJOR BEAR  replied that  permanent licenses  would no  longer be                                                               
valid.                                                                                                                          
                                                                                                                                
MS. WRIGHT came forward and  explained the department would issue                                                               
new card  that have an expiration  date printed on them  and that                                                               
would make the old cards invalid.                                                                                               
                                                                                                                                
SENATOR  WAGONER said  the new  card could  say what  to do  if a                                                               
person no longer lived in the state.                                                                                            
                                                                                                                                
MS. WRIGHT  answered yes.  They already have  a statement  on the                                                               
card that  says it  is no  longer valid  if you  are no  longer a                                                               
resident. But there is no way to check that.                                                                                    
                                                                                                                                
SENATOR WAGONER  said he has  a permanent I.D. now  and suggested                                                               
saying "you must  surrender this card" if you leave  the state; a                                                               
lot of licenses say that already.                                                                                               
                                                                                                                                
SENATOR STEVENS  said he  suspected there would  be at  least one                                                               
grumpy old senator who would hang on to it.                                                                                     
                                                                                                                                
MS. WRIGHT  quipped that would  be a public safety  question. She                                                               
thought Major  Bear could elaborate  on what would happen  in the                                                               
field upon being presented an old card.                                                                                         
                                                                                                                                
SENATOR STEVENS asked  what would happen if  someone like Senator                                                               
Wagoner would be in violation of the law.                                                                                       
                                                                                                                                
4:12:20 PM                                                                                                                    
MAJOR BEAR  answered if someone  presented a trooper an  old card                                                               
in the field, first  he would ask to see if  the person was aware                                                               
that new  cards were issued and  find out if they  were notified.                                                               
The  trooper wouldn't  automatically think  it's an  invalid card                                                               
and they all realize it would  take several years to get switched                                                               
over to them.                                                                                                                   
                                                                                                                                
SENATOR STEVENS suggested something like a Tier II system.                                                                      
                                                                                                                                
SENATOR WAGONER  said if  he gets a  new card he  wants it  to be                                                               
Number 0001.                                                                                                                    
                                                                                                                                
4:14:07 PM                                                                                                                    
SENATOR  GREEN said  this would  not be  a problem  if the  I.D.s                                                               
weren't being  offered for  free. She  didn't understand  why the                                                               
state  does  this  in  the  first place.  She  asked  if  Senator                                                               
Wielechowski gets a new fishing license every year.                                                                             
                                                                                                                                
SENATOR WIELECHOWSKI answered yes he does.                                                                                      
                                                                                                                                
SENATOR GREEN remarked  why everyone else wouldn't do  that if it                                                               
was for free.                                                                                                                   
                                                                                                                                
CHAIR HUGGINS  commented that they were  encouraging grandfathers                                                               
to take their granddaughters hunting and fishing.                                                                               
                                                                                                                                
SENATOR WAGONER said  doing this on a five-year  basis would save                                                               
a lot of money administratively.                                                                                                
                                                                                                                                
CHAIR HUGGINS  directed the committee  to the other half  of this                                                               
bill, which concerns Alaskan military personnel.                                                                                
                                                                                                                                
4:15:58 PM                                                                                                                    
MCHUGH  PIERRE, Legislative  Liaison,  Department  of Military  &                                                               
Veterans Affairs (DMVA), said the department supported HB 137.                                                                  
                                                                                                                                
4:16:33 PM                                                                                                                    
CHAIR  HUGGINS said  Amendment  1  had two  elements  in it;  one                                                               
identifies the  reservists as a  recipient of the  same privilege                                                               
and the  other regards the length  of the issuance of  a license.                                                               
He asked if the DMVA supported it.                                                                                              
                                                                                                                                
MR.  PIERRE  answered yes  the  department  supports Amendment  1                                                               
fully. The  current language  will make it  easier to  enforce in                                                               
determining whether a member of  the reserves is an active member                                                               
in good standing.                                                                                                               
                                                                                                                                
SENATOR STEVENS  moved to adopt Amendment  1, 25-LS0118\FA.1, for                                                               
discussion purposes as follows:                                                                                                 
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
OFFERED IN THE SENATE                        BY SENATOR HUGGINS                                                                 
     TO:  CSHB 137(FIN) am                                                                                                      
                                                                                                                                
Page 1, line 2, following "Guard":                                                                                            
     Insert "and military reserves"                                                                                           
                                                                                                                                
Page 2, line 22, following "Guard":                                                                                         
     Insert "and military reserves"                                                                                         
                                                                                                                                
Page 2, line 31:                                                                                                                
     Following "the":                                                                                                       
          Insert "(A)"                                                                                                      
     Following "Guard"                                                                                                      
          Insert ";                                                                                                         
               (B)  Army Reserves;                                                                                          
               (C)  Air Force Reserves;                                                                                     
               (D)  Navy Reserves;                                                                                          
               (E)  Marine Reserves; or                                                                                     
               (F)  Coast Guard Reserves"                                                                                 
                                                                                                                                
Page 3, line 13:                                                                                                                
     Delete "three"                                                                                                             
     Insert "five"                                                                                                              
                                                                                                                                
There were no objections and Amendment 1 was adopted.                                                                           
                                                                                                                                
4:18:52 PM                                                                                                                    
SENATOR WIELECHOWSKI asked  how the ADF&G would verify  who is in                                                               
the reserves.                                                                                                                   
                                                                                                                                
MR. PIERRE answered that members would  have to present a form to                                                               
the ADF&G office signed by his  or her commander stating they are                                                               
a member in  good standing. Military code  has penalties relating                                                               
to honoring their six or eight-year tour of duty.                                                                               
                                                                                                                                
CHAIR HUGGINS went to the part  of Amendment 1 that changed three                                                               
years to  five years and  explained that functionally if  you get                                                               
one when  you are 60,  the numbers  of licenses issued  to people                                                               
between 65-70  years of age  would diminish dramatically.  So, it                                                               
would basically require one renewal  in exchange for reducing the                                                               
turmoil factor for ADF&G personnel checking PFD records.                                                                        
                                                                                                                                
SENATOR  MCGUIRE asked  why  not simply  give  people a  two-year                                                               
grace period  to go  in and get  a new card.  She didn't  want to                                                               
have additional administrative costs.                                                                                           
                                                                                                                                
REPRESENTATIVE  SEATON responded  that  the question  is do  they                                                               
simply send people a notice and  have them send back a card, then                                                               
the new  card gets sent  to them.  That would double  the mailing                                                               
costs.                                                                                                                          
                                                                                                                                
SENATOR MCGUIRE  said that was  not her point; the  state doesn't                                                               
send notification to everyone when  the speed laws change or when                                                               
it has  raised a certain  crime from  a misdemeanor to  a felony.                                                               
Why would  the state be in  the business of notifying  anyone and                                                               
why  would it  automatically  send  a PID  card?  Why not  simply                                                               
change the law and let the process take its course?                                                                             
                                                                                                                                
REPRESENTATIVE  SEATON  replied  that  was one  of  the  original                                                               
considerations  and it  was thought  notification  might be  nice                                                               
since these  were issued as permanent  identification cards. They                                                               
want to get away from the  situation where the permanent ones are                                                               
out there, because  everyone would have had notice that  it is no                                                               
longer valid based on PFD residency.                                                                                            
                                                                                                                                
4:24:56 PM                                                                                                                    
SENATOR WIELECHOWSKI agreed  with Senator Green if  the goals are                                                               
to prevent fraud  and keep the costs down. People  go in and fill                                                               
out a form that  is for one year. It would  have no mailing costs                                                               
and be simpler and that's the  way he gets his license every year                                                               
any way.                                                                                                                        
                                                                                                                                
REPRESENTATIVE SEATON  said he believes  there is a  problem with                                                               
these permanent  identification cards and  he is trying  to solve                                                               
it.                                                                                                                             
                                                                                                                                
SENATOR WIELECHOWSKI clarified his  argument saying let's keep it                                                               
free,  but have  people just  go in  to the  office and  fill out                                                               
their forms every year like everybody else does.                                                                                
                                                                                                                                
SENATOR  WAGONER  suggested  doing  it on  a  one-year  basis  by                                                               
putting another  box on their  card to  get punched. This  is the                                                               
way they choose licensing for  hunting, fishing and trapping now.                                                               
He said some people forget sometimes  and he pointed out that the                                                               
drivers'  licenses are  on  a five-year  rotation  and the  state                                                               
sends automatic renewal notices to drivers.                                                                                     
                                                                                                                                
CHAIR HUGGINS asked if there were objections to Amendment 1.                                                                    
                                                                                                                                
4:28:28 PM                                                                                                                    
SENATOR  GREEN objected  and  moved  to split  it  in two  parts.                                                               
Amendment  1A would  be the  first lines  about the  reserves and                                                               
Amendment 1B  would delete "three"  and insert "five" on  page 3,                                                               
line 13. There were no objections and it was so ordered.                                                                        
                                                                                                                                
CHAIR HUGGINS  asked if  there were  any objections  to Amendment                                                               
1A. There were no objections so it was adopted.                                                                                 
                                                                                                                                
CHAIR  HUGGINS  announced  that   Amendment  1B  was  before  the                                                               
committee.                                                                                                                      
                                                                                                                                
SENATOR GREEN objected saying she would  like to put in one year,                                                               
but she certainly wouldn't go from three to five.                                                                               
                                                                                                                                
SENATOR WAGONER  said the licenses  are already printed  for this                                                               
year and they might not  have time to change it administratively,                                                               
but he agreed with Senator Green's basic concept.                                                                               
                                                                                                                                
MS. WRIGHT  clarified if they  change it  to one year,  lines 4-7                                                               
about looking at the PFD would have to be deleted.                                                                              
                                                                                                                                
4:31:18 PM                                                                                                                    
SENATOR  GREEN said  by saying  "no"  to this  amendment, she  is                                                               
maintaining  it at  three  years and  discussion  about one  year                                                               
would come after this.                                                                                                          
                                                                                                                                
SENATOR MCGUIRE reminded them that on  page 4, line 22, section 9                                                               
makes it  clear that section  4 of the  act does not  take effect                                                               
until January 1, 2009.                                                                                                          
                                                                                                                                
SENATOR STEVENS objected to the motion.                                                                                         
                                                                                                                                
4:32:15 PM at ease 4:33:50 PM                                                                                               
                                                                                                                                
CHAIR HUGGINS explained that a yes  vote means it will go to five                                                               
years and a no vote will maintain the three years.                                                                              
                                                                                                                                
SENATOR STEVENS commented  that the chair made  a perfectly sound                                                               
comment when  he said if they  go to five years,  people won't be                                                               
renewing very often. He saw nothing wrong with five years.                                                                      
                                                                                                                                
A  roll  call vote  was  taken.  Senators Wagoner,  Stevens,  and                                                               
Huggins  voted  yea;  Senators Wielechowski,  McGuire  and  Green                                                               
voted nay; so Amendment 1B failed to be adopted.                                                                                
                                                                                                                                
CHAIR HUGGINS announced that CSHB 137(FIN)am would be set aside.                                                                

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