Legislature(2007 - 2008)HOUSE FINANCE 519

03/14/2008 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 10:00 am on 03/15/08 --
+= HB 348 BOARD OF GAME REGULATIONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 307 DOMESTIC VIOLENCE OFFENSES TELECONFERENCED
Moved CSHB 307(FIN) Out of Committee
+= HB 311 BUDGET: CAPITAL, SUPP. & OTHER APPROPS TELECONFERENCED
Scheduled But Not Heard
                  HOUSE FINANCE COMMITTEE                                                                                       
                       March 14, 2008                                                                                           
                         1:47 P.M.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Meyer called the House  Finance Committee meeting to                                                                   
order at 1:47:04 PM.                                                                                                          
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Chenault, Co-Chair                                                                                          
Representative Kevin Meyer, Co-Chair                                                                                            
Representative Bill Stoltze, Vice-Chair                                                                                         
Representative Harry Crawford                                                                                                   
Representative Les Gara                                                                                                         
Representative Mike Hawker                                                                                                      
Representative Reggie Joule                                                                                                     
Representative Mike Kelly                                                                                                       
Representative Mary Nelson                                                                                                      
Representative Bill Thomas Jr.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative John Harris                                                                                                      
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative  Lindsey  Holmes; Representative  Wes  Keller;                                                                   
Dwayne   Peeples,   Deputy   Commissioner,    Department   of                                                                   
Corrections;  Nick Jans, Alaskans  for Wildlife,  Juneau; Jim                                                                   
Pound, Staff, Representative Wes Keller                                                                                         
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Anne Carpeneti,  Assistant Attorney  General, Legal  Services                                                                   
Section-Juneau, Criminal  Division, Department of  Law; Kevin                                                                   
Saxby, Assistant  Attorney General,  Department of  Law; Wade                                                                   
Willis, Anchorage; Scott Ogan,  President, Sportsman for Fish                                                                   
and  Wildlife,  Anchorage;  Thomas   Scarborough,  Fairbanks;                                                                   
Wayne Heimer,  Fairbanks; John  Toppenberg, Director,  Alaska                                                                   
Wildlife Alliance, Soldotna; Gerald Brookman, Kenai                                                                             
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 307    An Act  relating to penalizing  certain misdemeanor                                                                   
          domestic violence offenses as felonies.                                                                               
                                                                                                                                
          CS HB 307 (FIN) was reported out of Committee with                                                                    
          a  "no  recommendation"  and  with (2)  new  fiscal                                                                   
          notes  by  the Department  of  Administration,  (1)                                                                   
          Department  of Corrections, (1) Department  of Law,                                                                   
          (1) Alaska Court System, and a new zero note by                                                                       
          the Department of Public Safety.                                                                                      
                                                                                                                                
HB 348    An Act  relating to the adoption of  regulations by                                                                   
          the Board of Fisheries and the Board of Game.                                                                         
                                                                                                                                
          HB 348 was HEARD and HELD in Committee for further                                                                    
          consideration.                                                                                                        
                                                                                                                                
1:47:56 PM                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 307                                                                                                            
                                                                                                                                
     An Act relating to penalizing certain misdemeanor                                                                          
     domestic violence offenses as felonies.                                                                                    
                                                                                                                                
Vice-Chair  Stoltze MOVED  to ADOPT  work draft  25-LS1236\K,                                                                   
Luckhaupt,  3/12/08 as  the version  of the  bill before  the                                                                   
Committee.  There being NO OBJECTION, it was adopted.                                                                           
                                                                                                                                
1:48:39 PM                                                                                                                    
                                                                                                                                
Representative Hawker  MOVED to ADOPT Amendment  1(a).  Vice-                                                                   
Chair Stoltze OBJECTED.                                                                                                         
                                                                                                                                
Representative  Hawker  explained  that the  amendment  would                                                                   
delete language on Page 3, Line  7, "(2) adults or minors who                                                                   
live together or who have lived  together."  Additionally, it                                                                   
would renumber the  sections following.  On Page  3, Line 13,                                                                   
following  "(7)",  deleting "minor"  and  inserting  "parents                                                                   
or".  (Copy on File).                                                                                                           
                                                                                                                                
He noted that  the amendment addresses the  qualifications to                                                                   
be a household  member in a  domestic violence act  and would                                                                   
not   affect  the   existing   statewide  domestic   violence                                                                   
statutes.   He listed  the seven  definitions of a  household                                                                   
member.   He noted that  the issues of  what is  considered a                                                                   
household member  for purposes of a domestic  violence, three                                                                   
strikes  out.   He  noted  that Item  2  is of  concern  with                                                                   
language "have lived together";  and he thought the provision                                                                   
was too  encompassing  and recommended  that the language  be                                                                   
limited to familial relationships.                                                                                              
                                                                                                                                
Representative  Hawker addressed  another change  on Page  3,                                                                   
Line  13,   deleting  "minor"   child  and  instead   include                                                                   
"parents or  children of a person  in the relationship".   He                                                                   
maintained  the immediacy  of  a familial  relationship.   He                                                                   
urged support for the amendment.                                                                                                
                                                                                                                                
1:53:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LINDSEY   HOLMES,  SPONSOR,   commented   on                                                                   
Amendment 1(a).   She noted that she would  endorse Lines 6-8                                                                   
of Amendment  1(a); however, indicated  she would  not choose                                                                   
to  delete language  on  Lines  1-7.   That  choice was  made                                                                   
because  prosecutors would  have  to prove  an  element of  a                                                                   
crime that they  never have had to prove before.   Until now,                                                                   
domestic violence was something  simply checked on a box by a                                                                   
judge.   It is common in  domestic violence, where  the woman                                                                   
recants;  the  prosecutor  would   then  have  to  prove  the                                                                   
domestic violence,  under one  of the above listed  elements.                                                                   
Without the  perpetrator or  the victim  admitting to  it, it                                                                   
would be very  difficult to prove that domestic  violence had                                                                   
occurred.   A third  party would  not be  able to prove  that                                                                   
they were engaged  in a sexual relationship.   Representative                                                                   
Holmes  voiced concern  deleting the  proposed language,  the                                                                   
State would miss a lot of domestic  violence, which can occur                                                                   
because  of  the  frequency  that the  woman  recants.    She                                                                   
understood the possibility the  language could sometimes pick                                                                   
up that should not be included;  she was willing to entertain                                                                   
limiting factors.                                                                                                               
                                                                                                                                
1:56:42 PM                                                                                                                    
                                                                                                                                
Representative  Hawker advised that  as written, there  was a                                                                   
presumption  of  guilt;  he wanted  to  see  the  prosecutors                                                                   
requiring a certain degree of  proof.  He thought it could be                                                                   
reasonable protection for certain  situations, worrying about                                                                   
the broad dimension of the language.                                                                                            
                                                                                                                                
Representative Kelly submitted  that domestic violence issues                                                                   
create a special  category of "hate crimes".   Representative                                                                   
Holmes said,  she was open  to including a time-limit  factor                                                                   
including necessary  limiting language.  She did  not want to                                                                   
see non-guilty  persons be picked  up.  She reminded  members                                                                   
that a  person must  have three  separate convictions  before                                                                   
the bill is implemented and will not be a one-time thing.                                                                       
                                                                                                                                
2:00:17 PM                                                                                                                    
                                                                                                                                
Representative  Joule   wondered  what  would   happen  in  a                                                                   
relationship,  in which  the couple  had  separated and  then                                                                   
there was another domestic violence  occurrence.  He asked if                                                                   
a second  assault could  still be  categorized the  same way.                                                                   
Representative Holmes  suggested that the  relationship would                                                                   
still be considered domestic violence  for retaliation in the                                                                   
attempt to leave and would be  tied to the prior relationship                                                                   
& assault.                                                                                                                      
                                                                                                                                
Representative  Hawker  MOVED   to  DIVIDE  the  question  in                                                                   
Amendment 1(a)  at Line 5.   Lines 1-4  would become  the new                                                                   
Amendment  1(a) and Lines  5-8 would  become Amendment  1(b).                                                                   
There being NO OBJECTION, the amendment was divided.                                                                            
                                                                                                                                
Representative Hawker  MOVED to ADOPT Amendment  1(b).  There                                                                   
being NO OBJECTION, it was adopted.                                                                                             
                                                                                                                                
2:03:02 PM                                                                                                                    
                                                                                                                                
Representative Hawker MOVED to  ADOPT the new Amendment 1(a).                                                                   
Representative Kelly OBJECTED.                                                                                                  
                                                                                                                                
Representative  Joule asked  if the  sponsor had  recommended                                                                   
the  language.     Representative  Holmes  was   amenable  to                                                                   
limiting 1(a) either  by making a time-limit  that the couple                                                                   
had  lived   together  or   by  excluding  specific   certain                                                                   
categories of relationship.  Representative  Hawker suggested                                                                   
deleting "or have lived together" on Line 2.                                                                                    
                                                                                                                                
Representative Holmes replied  in "the spirit of compromise",                                                                   
she  would  recommend  adding something  similar  to  "having                                                                   
lived together  in the last few  months".  She  was concerned                                                                   
about those  people that  recently fled  a relationship,  now                                                                   
living in a shelter and not currently living together.                                                                          
                                                                                                                                
2:05:32 PM                                                                                                                    
                                                                                                                                
Representative  Hawker WITHDREW  new Amendment  1(a).   There                                                                   
being NO OBJECTION, it was withdrawn.                                                                                           
                                                                                                                                
2:05:44 PM                                                                                                                    
                                                                                                                                
Representative Holmes  spoke to the changes made  to the work                                                                   
draft addressing  concerns of some of the  Committee members,                                                                   
as  well as  the  Department of  Law,  the Public  Defender's                                                                   
Agency and the Office of Public Advocacy.                                                                                       
                                                                                                                                
   ·    Now, the bill  is only  prospective, which  means all                                                                   
        three  convictions  would need  to  occur  after  the                                                                   
        effective date of the bill.                                                                                             
   ·    The bill  has  a  10-year  look back,  so  all  three                                                                   
        convictions would  need to occur  within 10  years of                                                                   
        each other.                                                                                                             
   ·    Due to the 10 year  look back, language was  added to                                                                   
        clarify the date on which a conviction  is considered                                                                   
        to have occurred.                                                                                                       
   ·    Presently, the  first two strikes  need to  be felony                                                                   
                          th                                                                                                    
        convictions  or  4   degree  physical  assaults,  and                                                                   
        eliminating "fear"  assaults,  reckless  endangerment                                                                   
        and other misdemeanors as strikes.                                                                                      
   ·    The bill's mechanism  has slightly changed.   Instead                                                                   
                                         th                                                                                     
        of the  third strike  making  a 4   degree assault  a                                                                   
        felony, it now makes  the third strike an  assault in                                                                   
             rd                                                                                                                 
        the 3 degree, which is already a felony.                                                                                
   ·    The  bill   does   counts  convictions   from   other                                                                   
        jurisdictions  as  strikes.    It   allows  municipal                                                                   
        assault convictions to count as strikes.                                                                                
   ·    The bill limits the definition of  a household member                                                                   
        (which is  defined  in  AS 18.66.990[5])  to  exclude                                                                   
        "adults or minors who are related to each other up                                                                      
                th                                                                                                              
        to the 4 degree of consanguinity, whether of whole                                                                      
        or half blood or by adoption, computed under the                                                                        
                                   th                                                                                           
        rules of civil law."  The 4 degree of consanguinity                                                                     
        would include for example, cousins and great uncles,                                                                    
        language, which was too broad.                                                                                          
                                                                                                                                
2:08:53 PM                                                                                                                    
                                                                                                                                
Representative  Thomas   asked  about  prior  out   of  State                                                                   
convictions.  Representative Holmes  requested the Department                                                                   
of  Law responded  to  that question,  but  she assumed  they                                                                   
would count in Alaska.                                                                                                          
                                                                                                                                
ANNE CARPENETI,  ASSISTANT ATTORNEY  GENERAL, LEGAL  SERVICES                                                                   
SECTION-JUNEAU,   CRIMINAL   DIVISION,  DEPARTMENT   OF   LAW                                                                   
(Testified via  teleconference), stated the  convictions from                                                                   
out  of state,  which meet  all the  conditions described  by                                                                   
Representative  Holmes, would  count.  Representative  Thomas                                                                   
inquired how new people moving  to the State would know.  Ms.                                                                   
Carpeneti explained that it is  not a new concept and happens                                                                   
for example, with drunken driving executions.                                                                                   
                                                                                                                                
2:10:44 PM                                                                                                                    
                                                                                                                                
Representative  Kelly  inquired  what  will  be  accomplished                                                                   
through  passage of the  bill.   Representative Holmes  hoped                                                                   
the bill could  raise awareness of the problems  which happen                                                                   
so often in  Alaska.  From information provided  by the Court                                                                   
System,  it is known  that there  are people  out there  that                                                                   
have 8 to 12 of counts of domestic  violence, which she found                                                                   
horrifying.    She  emphasized  the need  for  education  and                                                                   
raising awareness  that the behavior is no  longer tolerated.                                                                   
She hoped  that the bill could  be used as an  opportunity to                                                                   
not only  punish but also create  a broader effort,  to raise                                                                   
awareness to reduce the scope of these problems.                                                                                
                                                                                                                                
Representative Kelly understood  that it should apply to both                                                                   
male and female violence; however,  pointed out that the bill                                                                   
does not relate  to both.  Representative Holmes  replied, it                                                                   
will not be limited.  Representative  Kelly asked if it would                                                                   
affect homosexual violence.  He  worried that the legislation                                                                   
will end up  creating many problems; he prefers  the standard                                                                   
statute.    Representative  Holmes  asked  if  Representative                                                                   
Kelly  was  suggesting  eliminating   the  domestic  violence                                                                   
portion, assuming  all assaults  of the three  strike crimes.                                                                   
Representative  Kelly   reiterated  his  concern   with  hate                                                                   
crimes.   Representative  Holmes  acknowledged  that was  one                                                                   
approach.   The  goal  of the  legislation  is  to deal  with                                                                   
people that are being terrorized  by people that are close to                                                                   
them.   She emphasized that her  focus was more  limited than                                                                   
that suggested by Representative Kelly.                                                                                         
                                                                                                                                
2:15:20 PM                                                                                                                    
                                                                                                                                
Representative Kelly  asked if the Department  of Corrections                                                                   
or the  Department of Law  support the bill.   Representative                                                                   
Holmes  pointed out  the letters  of  support including  ones                                                                   
from the Council on Domestic Violence  and Sexual Assault and                                                                   
the Alaska Peace Officers.  [Copies on File].                                                                                   
                                                                                                                                
2:16:16 PM                                                                                                                    
                                                                                                                                
Representative Gara  discussed all the testimonial  documents                                                                   
regarding  someone  that  has  a  control  relationship  over                                                                   
another  person and a  repeated cycle  of violence  patterns.                                                                   
He  commented the  most graphic  is between  spouses when  it                                                                   
becomes  a terrorizing  relationship.   If  the bill  applies                                                                   
only  to  those  living  together,  by  three  times,  it  is                                                                   
obviously a recurring pattern.                                                                                                  
                                                                                                                                
2:18:50 PM                                                                                                                    
                                                                                                                                
Representative Nelson responded  that the goal of the bill is                                                                   
to save lives because evidence  indicates that when there are                                                                   
cases  of   domestic  violence,   they  are  escalating   and                                                                   
progressive.   Cases  rarely de-escalate  and  when there  is                                                                   
domestic violence,  it tends to  turn to extreme  battery and                                                                   
eventual death.                                                                                                                 
                                                                                                                                
2:19:39 PM                                                                                                                    
                                                                                                                                
Representative  Kelly spoke  in opposition  to the  statement                                                                   
that domestic violence happens  traditionally between married                                                                   
couples.    He  maintained  that  is  not  supported  through                                                                   
evidence and  that the  violence is not  related just  to the                                                                   
marriage relationship.   He commented  that language  was too                                                                   
broad.    He inquired  what  counts  as  one, two  and  three                                                                   
strikes on an assault charge.                                                                                                   
                                                                                                                                
Representative  Holmes emphasized  that a  felony assault  is                                                                   
considered a very serious assault.   The trigger offense is a                                                                   
 th                                                                                                                             
4  degree  assault, which  is the  person recklessly  causing                                                                   
physical injury to another person  or criminal negligence and                                                                   
that  person   causes   injury  by  means   of  a   dangerous                                                                   
instrument.  The fear assault language was eliminated.                                                                          
                                                                                                                                
2:22:16 PM                                                                                                                    
                                                                                                                                
Representative  Nelson asked Representative  Kelly  where the                                                                   
statistics came from regarding  "married people batter less".                                                                   
She believed it is more difficult  for a married woman to get                                                                   
away  from  her  spouse.   Representative  Kelly  offered  to                                                                   
research the statistic.  He acknowledged  that married people                                                                   
do  have  problems;  however,  maintained  that  the  "safest                                                                   
person on the face of the earth is a married female".                                                                           
                                                                                                                                
Representative  Nelson followed  up that  many people  do not                                                                   
know who  they are marrying until  they are securely  in that                                                                   
marriage-relationship.      She  reiterated   her   curiosity                                                                   
regarding his  observation.  Representative  Kelly emphasized                                                                   
the  safety of  a  legal marriage  and  argued that  domestic                                                                   
violence does not occur as much in a marriage relationship.                                                                     
                                                                                                                                
2:24:42 PM                                                                                                                    
                                                                                                                                
Representative  Gara interjected that  if the situation  is a                                                                   
third domestic  violence assault, it  would become a  Class C                                                                   
felony  and be  sentenced.   Representative Holmes  clarified                                                                   
that the presumptive  sentence for a first felony  is zero to                                                                   
two years in jail.                                                                                                              
                                                                                                                                
Representative  Gara  commented  if the  sentence  was  three                                                                   
domestic  violence abuses  to  a wife  & the  first two  were                                                                   
felonies  that  would be  considered  quite serious.    There                                                                   
already  exits  an  accommodation   for  different  types  of                                                                   
relationships & the seriousness  of the pattern.  The statute                                                                   
builds in flexibility for different levels of violence.                                                                         
                                                                                                                                
Representative  Kelly  observed  that the  language  used  to                                                                   
define a  relationship seems  to be  "any two people  walking                                                                   
down the street together" and that troubled him.                                                                                
                                                                                                                                
2:26:43 PM                                                                                                                    
                                                                                                                                
Representative  Hawker  noticed  that  civil  liberties  were                                                                   
being  discussed  and  he  hoped   that  anyone  viewing  the                                                                   
discussion would  look at his personal record  in sponsoring,                                                                   
caring  and passing  legislation  that made  strangulation  a                                                                   
crime of domestic violence.                                                                                                     
                                                                                                                                
Representative  Hawker  MOVED to  ADOPT  new Amendment  1(a),                                                                   
clarifying no changes made to new Amendment 1(a).                                                                               
                                                                                                                                
Vice-Chair Stoltze OBEJCTED.                                                                                                    
                                                                                                                                
2:28:14 PM                                                                                                                    
                                                                                                                                
Representative Hawker discussed  the modification proposed by                                                                   
the sponsor.   He paraphrased the purpose of  the legislation                                                                   
as presented by the sponsor, which  was explained the purpose                                                                   
was  to "stop  people  being  terrorized  in their  homes  by                                                                   
people that love them".  He stated  that the egregious factor                                                                   
is the control  relationship and that Amendment  1(a) removes                                                                   
that situation.                                                                                                                 
                                                                                                                                
Representative  Hawker MOVED to  AMEND new Amendment  1(a) by                                                                   
deleting  the language  on Page  3,  Line 7,  "or have  lived                                                                   
together".  Co-Chair Meyer OBJECTED.                                                                                            
                                                                                                                                
Representative Hawker advised  that the intent was to make it                                                                   
easier when the conviction felony is determined.                                                                                
                                                                                                                                
2:32:09 PM                                                                                                                    
                                                                                                                                
Representative  Holmes   clarified  her  previous   testimony                                                                   
regarding those  people being "terrorized in  their own homes                                                                   
or [not  and] by people  that love them".   She  possible for                                                                 
the prosecutors  but  did not  want it to  be impossible  for                                                                   
them to  prove the  domestic violence.   Representative  Holm                                                                   
stood at the will of the Committee.                                                                                             
                                                                                                                                
Vice-Chair Stoltze  asked if  "living together"  included co-                                                                   
habitation.                                                                                                                     
                                                                                                                                
Representative  Nelson spoke  to the  amendment.  She  stated                                                                   
that  the most  dangerous  time  for a  woman  in an  abusive                                                                   
relationship is when she is about  to leave, leaving, or just                                                                   
left, arguably  not living  together.  Representative  Hawker                                                                   
pointed out  those concerns were  addressed in  the remaining                                                                   
criteria.  Representative Nelson appreciated that notation.                                                                     
                                                                                                                                
2:34:31 PM                                                                                                                    
                                                                                                                                
Representative  Joule  echoed  sentiments  of  Representative                                                                   
Hawker,  pointing out  number three and  four, agreeing  that                                                                   
the  protection   was   covered.    He   questioned   if  the                                                                   
departments intended to testify on the amendment.                                                                               
                                                                                                                                
2:35:34 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze reiterated  his  query regarding  "living                                                                   
together".   Representative Holmes  did not believe  it would                                                                   
require  cohabitation   but  rather  sharing   the  domicile.                                                                   
Representative Nelson asked the difference.                                                                                     
                                                                                                                                
Ms. Carpeneti  agreed with Representative Holmes  that living                                                                   
together is  sharing a  home.   She thought cohabitating  was                                                                   
the same  thing, which  is why the  language was  included to                                                                   
clarify living together  in addition to engaging  in a sexual                                                                   
relationship with other factors.                                                                                                
                                                                                                                                
Representative   Holmes   commented    that   following   the                                                                   
Committee's  discussion,  she  was  willing  to  support  the                                                                   
amendment  as proposed  with the  understanding  that if  the                                                                   
prosecutors  were  unable  to  prosecute  down-the-road,  the                                                                   
guidelines could be reconsidered.                                                                                               
                                                                                                                                
2:37:23 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  WITHDREW  his OBJECTION  to  the  amendment.                                                                   
Vice-Chair  Stoltze   WITHDREW  his  OBJECTION   to  the  new                                                                   
Amendment 1(a).                                                                                                                 
                                                                                                                                
Representative  Crawford OBJECTED  for  a question  regarding                                                                   
the language  being voted  on, & if  it was just  "adults and                                                                   
minors  who live  together".   Co-Chair Meyer  said that  was                                                                   
correct.   Representative  Crawford  WITHDREW his  OBJECTION.                                                                   
There being  NO further  OBJECTIONS,  new Amendment  1(a) was                                                                   
adopted.                                                                                                                        
                                                                                                                                
2:38:03 PM                                                                                                                    
                                                                                                                                
Co-Chair   Meyer  reviewed   the   six   [6]  fiscal   notes,                                                                   
understanding  that two  fiscal  notes by  the Department  of                                                                   
Administration would be replaced.                                                                                               
                                                                                                                                
2:39:21 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer   requested  testimony   on  the   note  from                                                                   
Department of Corrections.                                                                                                      
                                                                                                                                
DWAYNE   PEEPLES,   DEPUTY   COMMISSIONER,    DEPARTMENT   OF                                                                   
CORRECTIONS,  explained  that the  note  dated 3/13/08,  does                                                                   
address the work draft.                                                                                                         
                                                                                                                                
Vice-Chair Stoltze asked if the  assumption was it would take                                                                   
people  off the  streets.   Mr.  Peeples  responded that  the                                                                   
Department made  no calculations  on the deterrent  effect of                                                                   
the bill.   The Department used  the numbers provided  by the                                                                   
Courts to make the determination.                                                                                               
                                                                                                                                
Vice-Chair Stoltze did not believe  the increasing numbers of                                                                   
incarceration costs  would be coming to a halt.   Mr. Peeples                                                                   
could make no  calculation for any projections  or changes in                                                                   
human behavior.  When pulling  the statistics, the Department                                                                   
observed  that the  average  midpoint for  a  pool of  people                                                                   
getting their third offense is approximately 2.5 years.                                                                         
                                                                                                                                
2:41:12 PM                                                                                                                    
                                                                                                                                
Representative Gara asked how  the number was determined that                                                                   
in 2014,  the bill  would reach  a point  where 366  people a                                                                   
year  would reach  three assaults.    Mr. Peeples  referenced                                                                   
Page  2 of  the note,  arriving at  the accumulating  effect.                                                                   
The first year, based on the Department's  percentage points,                                                                   
by  the time  they are  adjudicated, sentencing  for the  two                                                                   
years would be a slow growth, which is an estimate.                                                                             
                                                                                                                                
Representative Gara  asked if there was a difference  in cost                                                                   
for someone  in jail for  two years and  someone in  jail for                                                                   
six months with 1.5 years of probation.   Mr. Peeples replied                                                                   
yes.  Representative  Gara assumed that the  Department would                                                                   
choose  the  high point  number.    Mr.  Peeples said  it  is                                                                   
difficult  to determine  how the sentencing  will be  handled                                                                   
through the Courts.                                                                                                             
                                                                                                                                
2:43:06 PM                                                                                                                    
                                                                                                                                
Representative Thomas  inquired if counseling  was considered                                                                   
to be  used as a  preventative.   Mr. Peeples suggested  that                                                                   
the Department  of Public Safety  or the Council  on Domestic                                                                   
Violence  & Sexual  Assault  could address  that  idea.   The                                                                   
Department  of Corrections  does  offer  some counseling  and                                                                   
treatment  inside  the  facility,  but  diversion  should  be                                                                   
addressed by  the above  mentioned entities.   Representative                                                                   
Thomas maintained  that when spending  $11 million  dollars a                                                                   
year, at lease $1 million should be used for counseling.                                                                        
                                                                                                                                
Representative Joule  inquired where most of  the people live                                                                   
who will be  impacted through the bill.  Mr.  Peeples replied                                                                   
that statewide with the largest population in Anchorage.                                                                        
                                                                                                                                
Representative  Joule urged utilizing  the number  of wealthy                                                                   
statewide resources that should  be tapped such as the tribal                                                                   
courts.    He  noted  that  the  standards  of  behavior  are                                                                   
changing and  that these  issues should  be addressed  by the                                                                   
elders living in those communities.                                                                                             
                                                                                                                                
2:46:15 PM                                                                                                                    
                                                                                                                                
Representative  Hawker discussed the  idea of a  travel court                                                                   
being intriguing.   He asked if in the evaluation  of current                                                                   
statistics,  the   Department  would  suggest   that  80%  of                                                                   
offenders  would be Alaska  Native.   He elaborated  that was                                                                   
profound.  He referenced the anticipated  calculation for the                                                                   
fiscal note  of 366 offenders,  questioning where  they would                                                                   
be housed.   Mr. Peeples responded  that would depend  on the                                                                   
length of their sentence and how  well the Department does in                                                                   
securing and building  new facilities in the State.   By that                                                                   
time, the Department anticipates  having a new facility built                                                                   
at Fort  MacKenzie; he suspected  anyone sentenced  over nine                                                                   
months could  end up  there.  He  maintained that  they would                                                                   
still  need  out  of State  beds  for  those  sentenced  over                                                                   
eighteen months.  The Department  is growing on an average of                                                                   
250  beds  per  year  plus  what   comes  out  of  the  bill.                                                                   
Representative Hawker  believes the bill will  exasperate the                                                                   
current  bed  situation  for the  Department.    Mr.  Peeples                                                                   
advised it  is just another  factor considered  when managing                                                                   
that population.                                                                                                                
                                                                                                                                
Representative Hawker asked if  the fiscal note includes only                                                                   
the day rate  costs and not capital costs for  constructing a                                                                   
new  facility.    Mr. Peeples  replied  that  the  Department                                                                   
provided a blended  rate for running a bed in  State and then                                                                   
the out  of State contractor;  there is no capitalization  of                                                                   
bond debt payments in that calculation.                                                                                         
                                                                                                                                
2:48:39 PM                                                                                                                    
                                                                                                                                
Representative  Gara delineated the  three things  passage of                                                                   
the crime bill would accomplish:                                                                                                
                                                                                                                                
   ·    Get dangerous people off the streets;                                                                                   
   ·    Punish the conduct that needs to be punished; and                                                                       
   ·    Reduce the costs.                                                                                                       
                                                                                                                                
Representative  Gara  encouraged  putting  dollars  into  the                                                                   
crime   prevention   through   education.     He   reiterated                                                                   
indications on the  fiscal note, and asked if  there was real                                                                   
information showing that in 2014,  366 people would be picked                                                                   
up for  their third domestic  violence assault in  ten years.                                                                   
Mr.  Peeples  responded  that  the Department  is  using  the                                                                   
Court's  determined numbers  of 250  a year,  using a  "snap-                                                                   
shot"  of 2007, falling  under  the third hit.   The  Court's                                                                   
have assumed  a 77%  conviction rate,  reaching 190  per year                                                                   
sentencing.                                                                                                                     
                                                                                                                                
2:50:53 PM                                                                                                                    
                                                                                                                                
Representative  Joule   questioned  the  behavior   the  bill                                                                   
intends to  change.  He agreed  that it is one  option method                                                                   
and hoped it would  not be the only one.  He  wanted to see a                                                                   
deterrent to the behavior.                                                                                                      
                                                                                                                                
Representative  Kelly interjected  that there  was a  time in                                                                   
history when men took better care  of their families.  He was                                                                   
worried about the direction the  legislation leads the issue.                                                                   
He commented  that the long range  message is that  women are                                                                   
doing "stupid things"  by marrying the beasts among  men.  He                                                                   
thought  that  the uncles,  brothers  and fathers  should  be                                                                   
taking care of  these problems.  He was bothered  that it was                                                                   
one  more  thing   insidiously  placed  onto   government  to                                                                   
monitor.                                                                                                                        
                                                                                                                                
2:54:14 PM                                                                                                                    
                                                                                                                                
Representative   Nelson  countered   previous  testimony   by                                                                   
Representative  Kelly regarding  the intellectual ability  of                                                                   
women  engaged in  abusive relationships.    She stated  that                                                                   
sometimes, there are vulnerable  people that are preyed upon,                                                                   
who need help.                                                                                                                  
                                                                                                                                
Co-Chair  Meyer directed  conversation to  the Department  of                                                                   
Law's fiscal  note.  Ms.  Carpeneti understood that  the note                                                                   
addresses the new  draft.  The cases will be  pursued whether                                                                   
they are misdemeanors or felonies.   As soon as the cases are                                                                   
prosecuted,  there  will be  a  new  element to  prove,  that                                                                   
"without a  reasonable doubt".   That language is  the reason                                                                   
for the note.                                                                                                                   
                                                                                                                                
2:56:04 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze emphasized  that it is a serious issue and                                                                   
he  wished  that there  was  a  better  way to  separate  the                                                                   
circumstances.                                                                                                                  
                                                                                                                                
2:57:36 PM                                                                                                                    
                                                                                                                                
Representative  Gara   credited  Representative   Holmes  for                                                                   
removing specific  portions of  the bill, which  includes the                                                                   
"scaring" component;  it now addresses three  actual times of                                                                   
physically  hurting someone  before the  felony option  kicks                                                                   
in.   He applauded  the amount  of work done  on the  bill to                                                                   
narrow the focus.  Co-Chair Meyer agreed.                                                                                       
                                                                                                                                
2:58:49 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze  MOVED to  REPORT CS HB  307 (FIN)  out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying   new  fiscal  notes.     Representative   Kelly                                                                   
OBJECTED.                                                                                                                       
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR:      Crawford, Gara, Hawker, Joule, Stoltze,                                                                          
               Thomas, Meyer                                                                                                    
OPPOSED:       Kelly                                                                                                            
                                                                                                                                
Representatives Chenault, Harris  and Nelson were not present                                                                   
for the vote.                                                                                                                   
                                                                                                                                
The MOTION PASSED (7-1).                                                                                                        
                                                                                                                                
CS HB  307 (FIN)  was reported  out of  Committee with  a "no                                                                   
recommendation"  and  with  (2)   new  fiscal  notes  by  the                                                                   
Department of Administration,  (1) Department of Corrections,                                                                   
(1) Department  of Law,  (1) Alaska Court  System, and  a new                                                                   
zero note by the Department of Public Safety.                                                                                   
                                                                                                                                
3:00:25 PM                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 348                                                                                                            
                                                                                                                                
     An Act relating to the adoption of regulations by the                                                                      
     Board of Fisheries and the Board of Game.                                                                                  
                                                                                                                                
Vice-Chair  Stoltze MOVED  to ADOPT  work draft  25-LS1328\F,                                                                   
Kane,  3/12/08  as  the  version   of  the  bill  before  the                                                                   
Committee.  There being NO OBJECTION, it was adopted.                                                                           
                                                                                                                                
REPRESENTATIVE WES KELLER, SPONSOR,  introduced the bill as a                                                                   
needed clarification to make regulations  to allocate game as                                                                   
an  asset.   The bill  codifies the  terms.   He argued  that                                                                   
human  beings are  capable of  sustainable relationship  with                                                                   
the natural world including game.   He noted that he does not                                                                   
support  the   California  legislation   that  implies   that                                                                   
Alaskans are incapable of competent  game management.  HB 348                                                                   
would strengthen statute by incorporating  the Constitutional                                                                   
language and  reflects Alaskan's values.   He noted  that the                                                                   
Board by  regulation,  establishes the  methods and  means of                                                                   
bag  limits related  to  game.   He  added  that  HB 348  was                                                                   
accompanied by HJR 31, which is  currently in the House Rules                                                                   
Committee.                                                                                                                      
                                                                                                                                
3:04:30 PM                                                                                                                    
                                                                                                                                
Representative  Gara asked  if incorporating  "asset" in  the                                                                   
language  of  the  bill  would  prevent  future  initiatives.                                                                   
Representative  Keller  hoped  the  bill  would  address  the                                                                   
following areas of importance:                                                                                                  
                                                                                                                                
   ·    Provide a level of confidence to the Board of Game,                                                                     
        by clarifying that game is an asset worthy of                                                                           
        allocation                                                                                                              
   ·    Make for less lawsuits                                                                                                  
   ·    Provide a statement to non-residents that there will                                                                    
        be management of Alaskan game & predators                                                                               
   ·    Maintains legislative control                                                                                           
                                                                                                                                
Representative  Keller added  no  part of  the bill  directly                                                                   
addresses  the initiative  process.   It  clarifies only  the                                                                   
language  that already  exists  that game  is an  item to  be                                                                   
allocated.                                                                                                                      
                                                                                                                                
Representative Gara questioned  if the statement made is that                                                                   
game is  an allocated  asset, would it  then be removed  from                                                                   
the initiative process.  Representative  Keller responded, it                                                                   
is already out of the initiative process.                                                                                       
                                                                                                                                
3:07:29 PM                                                                                                                    
                                                                                                                                
Representative  Gara   discussed  the  emotional   issues  of                                                                   
allocation & management of subsistence  and wolf control.  If                                                                   
the Courts had  interpreted that game was an  allocated asset                                                                   
& the Courts already agreed, would  that keep the Courts from                                                                   
allowing   those    issues   on   the   initiative    ballot.                                                                   
Representative Keller  referred to the Court  battles related                                                                   
to the  allocation  of fish.   The bill  attempts to  clarify                                                                   
such concerns for the Board of Game.                                                                                            
                                                                                                                                
Representative    Gara   did    not   understand    all   the                                                                   
correspondence  he  had  received   regarding  how  the  bill                                                                   
affects  the  initiative  process.     Representative  Keller                                                                   
clarified  that the allocation  of game  does not change  the                                                                   
initiative process.   It clarifies  that the allocation  fees                                                                   
are not  part of that  process.  The  management of  fish and                                                                   
game places the responsibility on the Legislature.                                                                              
                                                                                                                                
Representative Gara  queried if State law indicates  that the                                                                   
allocation of game is an asset  and made clear in Statute for                                                                   
the Courts,  the category  then can not  be subjected  to the                                                                   
initiative  process.  Representative  Keller understood  that                                                                   
could  clarify  it   and  is  a  policy  statement   for  the                                                                   
Legislature to make.                                                                                                            
                                                                                                                                
Representative Gara  noted that once the policy  statement is                                                                   
made, then  the subject  can no longer  go on the  initiative                                                                   
ballot.    Representative   Keller  replied  that   would  be                                                                   
determined  by the  State attorneys.   He  imagined it  would                                                                   
improve the current situation.                                                                                                  
                                                                                                                                
Representative  Gara  noted  that  in order  to  allocate  by                                                                   
initiative, the subsistence preference  issue or the same-day                                                                   
airborne  wolf control  concern would  be covered through  HB
348.   Representative Keller replied  that the Board  of Game                                                                   
does make those regulations.                                                                                                    
                                                                                                                                
Representative  Gara inquired  if the  bill is passed,  would                                                                   
the  State surrender  their  ability  to have  a  subsistence                                                                   
preference  or  same  day airborne  wolf  killing  in  place.                                                                   
Representative  Keller  responded  that  the  bill  does  not                                                                   
address preference, leaving that  to the Board of  Game.   He                                                                   
hoped the  choices would  be less  likely through the  bill's                                                                   
passage.                                                                                                                        
                                                                                                                                
3:12:03 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze interjected  that  the subsistence  issue                                                                   
has  been  a  Constitutional  amendment  that  has  not  been                                                                   
available for the initiative process since the late 1980's.                                                                     
                                                                                                                                
Representative  Hawker reviewed  testimony from the  previous                                                                   
committee  hearings.   The Alaska Supreme  Court has  already                                                                   
ruled that fish are an asset.   Representative Keller agreed.                                                                   
                                                                                                                                
Representative Hawker  referenced previous testimony  from an                                                                   
Attorney General  relating to  game, on  the precedence  of a                                                                   
fish  case,   an  attempt  to   allocate  game   through  the                                                                   
initiative  process   would  likely  is  held   to  the  same                                                                   
consideration  and that,  game  would be  held  as an  asset.                                                                   
Representative Keller shared that understanding.                                                                                
                                                                                                                                
Representative  Hawker  thought  that  there  was  reasonable                                                                   
inference  that game  is an  asset and  that he  did not  see                                                                   
anything in  either the Constitution  or the bill  that would                                                                   
impede the  initiative process.   The controversy is  the use                                                                   
of "allocation" of assets.                                                                                                      
                                                                                                                                
KEVIN SAXBY,  ASSISTANT ATTORNEY  GENERAL, DEPARTMENT  OF LAW                                                                   
(Testified via  teleconference), offered to  answer questions                                                                   
of  the Committee.    He agreed  that game  is  an asset  and                                                                   
established in the precedence  and that the real question is,                                                                   
in the  future, would  it be considered  an appropriation  of                                                                   
the asset or characterized in some other manner.                                                                                
                                                                                                                                
Representative  Hawker questioned if  a prohibition  would be                                                                   
an   appropriation  or   allocation   and   if  an   absolute                                                                   
prohibition on a  certain activity would be a  question of an                                                                   
appropriation.   Mr. Saxby responded that sometimes  it would                                                                   
depend on what the initiative  is.  Representative Hawker was                                                                   
satisfied with that clarification.                                                                                              
                                                                                                                                
3:17:01 PM                                                                                                                    
                                                                                                                                
Representative Gara  asked if the ban on initiatives  is that                                                                   
an  initiative  can  not  be submitted,  creating  a  ban  on                                                                   
appropriations.  If  game is an asset, apportioning  it as an                                                                   
appropriation of an asset, the  Courts would then prohibit it                                                                   
from  moving  through  the initiative  process.    Mr.  Saxby                                                                   
advised that  there would  continue to be  a question  in the                                                                   
future depending on  the wording of a given  initiative as to                                                                   
whether or not it is an appropriation.                                                                                          
                                                                                                                                
Representative Gara commented  that if by adding the language                                                                   
in the  bill, "appropriations" would  it make it  more likely                                                                   
that  the decision  would not  be allowed  in the  initiative                                                                   
process.   Mr. Saxby  thought  it would make  it more  likely                                                                   
"sometimes".   Essentially,  the language  in the work  draft                                                                   
codifies two separate fish cases.                                                                                               
                                                                                                                                
Representative  Gara  asked  if  there  was  a  determination                                                                   
regarding  a rational  definition  of subsistence  preference                                                                   
relying on the resource.  Mr.  Saxby thought the bill did not                                                                   
change  current  law,  but  rather, is  a  statement  by  the                                                                   
Legislature that  it agrees with  what the Supreme  Court has                                                                   
already stated.                                                                                                                 
                                                                                                                                
Representative  Gara countered  that Mr. Saxby's  perspective                                                                   
was because  the prior Supreme  Court precedence.   Mr. Saxby                                                                   
argued that it was stated in two  separate cases and that the                                                                   
Legislature would be combining it.                                                                                              
                                                                                                                                
Representative  Gara  asked  if the  same-day  airborne  wolf                                                                   
killing would be  affected by the proposed legislation.   Mr.                                                                   
Saxby responded that  would depend on the way  the initiative                                                                   
was worded, but could very well be.                                                                                             
                                                                                                                                
3:20:22 PM                                                                                                                    
                                                                                                                                
NICK JANS, ALASKANS  FOR WILDLIFE, JUNEAU, noted  that he has                                                                   
lived 28 years  in Alaska in the Native  subsistence-oriented                                                                   
villages.  He stated that he has  worked for a big game guide                                                                   
as a packer.  He offered to provide  members of the Committee                                                                   
with  copies   of  his  testimony,  as  well   as  supporting                                                                   
documents.                                                                                                                      
                                                                                                                                
He pointed out  that HB 348 appears to be an  innocuous bill,                                                                   
which changes a word or two, redefining  Alaska's wildlife as                                                                   
an asset.  The  Department of Law has argued that  it and the                                                                   
companion  bill, SB  176,  simply clarify  existing  statutes                                                                   
governing  wildlife management.   However,  the intent  of HB
348  is far  ranging.   The  legal analysis  exposes  stealth                                                                   
legislation,  designed to  subvert the  right of the  Alaskan                                                                   
people to  sponsor ballot initiatives  and vote on  the issue                                                                   
of  predator   control,  as  well   as  on  future   wildlife                                                                   
management issues  at the behest of special  interest groups,                                                                   
notably the Alaska Outdoor Council  (AOC), which the Governor                                                                   
is a member.  Once wildlife becomes  an asset, only the State                                                                   
legislature holds the power to  determine the allocation.  He                                                                   
maintained  that the  intent of  the bill is  to silence  the                                                                   
collective voice  of Alaska's voters  on the issue  of aerial                                                                   
predator control.                                                                                                               
                                                                                                                                
Mr. Jans encouraged  legislators to check the  voting records                                                                   
from   the   past  two   aerial   predator   control   ballot                                                                   
initiatives.    In  1996, each  district  voted  down  aerial                                                                   
predator  control; however,  the practice  was reinstated  by                                                                   
the Legislature.  In 2000, 8 of  the 12 districts represented                                                                   
again  voted  against  shooting   wolves  from  aircraft  and                                                                   
statewide, 29 of the 40 districts  did the same.  Now, 56,000                                                                   
Alaskans  are  again asking  that  the Legislature  does  not                                                                   
silence  the  voice  of  the  people.    Thousands  of  rural                                                                   
Alaskans have voted against it.   All Native bush communities                                                                   
voted against the practice.  To  say that those people do not                                                                   
understand the nature  of subsistence or wolves  is an insult                                                                   
to the Native traditions and culture.                                                                                           
                                                                                                                                
3:25:39 PM                                                                                                                    
                                                                                                                                
Mr. Jans continued,  aerial predator control is  not a matter                                                                   
of science,  but a  matter of  policy, directed by  political                                                                   
appointees.   It is  the right of  Alaska's people  to decide                                                                   
how the management tools will  be wielded.  Alaska's citizens                                                                   
have a  constitutional right to  vote on matters  of wildlife                                                                   
management policy, and to raise  a ballot initiative when the                                                                   
collective  will  is  ignored  by those  sworn  to  represent                                                                   
citizens.                                                                                                                       
                                                                                                                                
Mr. Jans  concluded that  the issue of  aerial wolf  and bear                                                                   
shooting pales in comparison to  the real issue at stake, the                                                                   
democratic process.  He urged  members to protect and nurture                                                                   
the democratic process but striking down HB 348.                                                                                
                                                                                                                                
3:27:00 PM                                                                                                                    
                                                                                                                                
Representative  Gara agreed  with testimony  provided by  Mr.                                                                   
Jans  on the  ariel wolf  hunting  issue.   He admitted  that                                                                   
there have been  powerful arguments on the other  side of the                                                                   
issue, an issue which is quite divisive.                                                                                        
                                                                                                                                
Mr.  Jans  clarified  that  the   attempt  of  the  group  he                                                                   
represents is  to place the  management of wildlife  into the                                                                   
Department  of   Fish  and  Game  for  management   and  make                                                                   
decisions and providing the resources to do so.                                                                                 
                                                                                                                                
Mr.  Jans pointed  out  that none  of  the specific  predator                                                                   
control programs have passed peer  review because they do not                                                                   
have enough funding to do so.   He maintained that wolves are                                                                   
only one limiting factor in the  eco-system.  He pointed out,                                                                   
he supports  predator  control.  He  emphasized that  science                                                                   
should govern  these issues, not  political appointees.   The                                                                   
group Friends  of Animals is a  polarizing group and  full of                                                                   
extreme views and does not accept  their input.  The Alaskans                                                                   
for Wildlife  want a Board  of Game that represents  sensible                                                                   
use  of  wildlife   for  all  Alaskans,  not   just  the  15%                                                                   
representing  special interest  groups.   He maintained  that                                                                   
predator control should be implemented on area needs basis.                                                                     
                                                                                                                                
3:32:59 PM                                                                                                                    
                                                                                                                                
Representative Nelson agreed that  science should govern, not                                                                   
political appointees  or the ballot box.  She  asked Mr. Jans                                                                   
if  he  was familiar  with  some  of  the voting  rights  act                                                                   
infringements  that Native  Alaskans have  been facing.   She                                                                   
pointed  out that initiative  language  is not always  plain-                                                                   
spoken English.   In  Western Alaska,  11% of the  population                                                                   
does not  speak English  at all.   She  worried about  ballot                                                                   
language  and how many  people can  understand the  concepts.                                                                   
Mr. Jans could  not speculate on that, however,  he found the                                                                   
elders to be  quite astute, agreeing that Alaska  Natives are                                                                   
often cut out of the process.                                                                                                   
                                                                                                                                
3:36:06 PM                                                                                                                    
                                                                                                                                
Representative Nelson  noted the vulnerability  of the people                                                                   
in her  districts that  do not speak  English as  their first                                                                   
language and how difficult the  initiative process can be for                                                                   
them.   There is  a lot  of outside  money & advertising  put                                                                   
into Alaska during the initiative  process.  Mr. Jans agreed.                                                                   
                                                                                                                                
3:40:11 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze interrupted  Mr. Jans,  pointing out  the                                                                   
number of other testifiers on line.                                                                                             
                                                                                                                                
3:40:31 PM                                                                                                                    
                                                                                                                                
WADE  WILLIS,  BIOLOGIST,  ECO-TOURISM   BUSINESS,  ANCHORAGE                                                                   
(Testified   via   teleconference),  mentioned   a   previous                                                                   
conversation he  had with Mr. Pound, Staff  to Representative                                                                   
Keller, who has clearly stated  that HB 348 intends to remove                                                                   
"ballot-box  biology", once and  for all.   Mr. Willis  spoke                                                                   
against the bill.                                                                                                               
                                                                                                                                
Mr.  Willis   commented  that   changing  the  wording   from                                                                   
resources to assets to be allocated,  ties into the intensive                                                                   
game management  laws.  A previous  chairman of the  Board of                                                                   
Game,  Mike Fleger,  stated that  the intent  of that was  to                                                                   
reallocate, harvestable, surpluses  of game from predators to                                                                   
humans.  Mr. Willis observed that  the proposed wording would                                                                   
remove people from the initiative  process.  He added that it                                                                   
will  strengthen  management to  reallocate  from  predators.                                                                   
The bill does not reflect Alaskans  intent and that in nearly                                                                   
every  district   in  the  State,  72%  voted   to  keep  the                                                                   
initiative  process   in  the   management  of   the  State's                                                                   
wildlife.                                                                                                                       
                                                                                                                                
In 2004, the Alaska Department  of Fish and Game testified to                                                                   
the Board of Game that they did  not have the size to justify                                                                   
predator control.                                                                                                               
                                                                                                                                
Mr.  Willis  directed  testimony   to  Representative  Nelson                                                                   
indicating  that the Native  community  very much knows  what                                                                   
they are  voting on and  for.  He  added that HB  348 removes                                                                   
the  public's ability  to use  the initiative  process.   The                                                                   
bill removes the tourism industry  away from the process.  He                                                                   
maintained  that  any  back-door  legislation  attempting  to                                                                   
remove  a  population  base  from  the  process  of  predator                                                                   
control is  wrong.   He urged that  the Committee  should not                                                                   
support the legislation.                                                                                                        
                                                                                                                                
3:46:24 PM                                                                                                                    
                                                                                                                                
SCOTT  OGAN,  PRESIDENT,  SPORTSMAN FOR  FISH  AND  WILDLIFE,                                                                   
ANCHORAGE  (Testified via  teleconference), noted  opposition                                                                   
for  a  rural priority.    He  wanted  to see  the  resources                                                                   
managed  for abundance,  which  he hoped  would mitigate  the                                                                   
allocation conflicts  amongst Alaskans.   He maintained  that                                                                   
HB 348  provides the  opportunity to  bridge the  rural/urban                                                                   
divide.                                                                                                                         
                                                                                                                                
Mr.  Ogan testified  that  over  twenty well  funded  groups,                                                                   
listed in the  Anchorage phone book, are attempting  to "save                                                                   
the  State from  itself".   He  asked if  the Alaska  Supreme                                                                   
Court  subverted  or  corrupted  the  Constitution  with  the                                                                   
ruling Polin  versus Ulmer.  He  thought that the  bill would                                                                   
codify  that ruling.   Mr.  Ogan  pointed out  that the  bill                                                                   
would not change the initiative  process, but rather codifies                                                                   
the Alaska  Supreme Court language.   He maintained  that the                                                                   
bill would elevate wildlife as an asset and urged support.                                                                      
                                                                                                                                
3:50:14 PM                                                                                                                    
                                                                                                                                
THOMAS     SCARBOROUGH,     FAIRBANKS      (Testified     via                                                                   
teleconference), echoed sentiments  expressed by Mr. Ogan and                                                                   
urged that the bill be passed quickly from Committee.                                                                           
                                                                                                                                
3:51:17 PM                                                                                                                    
                                                                                                                                
WAYNE  HEIMER,  FAIRBANKS  (Testified   via  teleconference),                                                                   
indicated his support for passage  of HB 348.  He pointed out                                                                   
that   the  Alaska   Constitution   allows  initiatives   and                                                                   
referendums  through Article  11; however,  Section 7,  lists                                                                   
specific things  that can not  be done through  that process.                                                                   
He pointed out that special legislation  can not be addressed                                                                   
through  the  initiative  process.    He  worried  about  the                                                                   
political  struggles  while  attempting  to  manage  Alaska's                                                                   
wildlife.  He maintained that  initiatives were always driven                                                                   
by personal &  emotional perceptions of what  is honorable or                                                                   
fair & whether an initiative passes  or fails, always depends                                                                   
on which side has the most money.                                                                                               
                                                                                                                                
Mr. Heimer thought  that the legislation could  be clearer by                                                                   
identifying  the means for  harvest.  He  added that  some of                                                                   
the  functions authorized  by  the Board  of  Game have  been                                                                   
previously  authorized   through  the  commissioner   of  the                                                                   
Department and that  should be addressed.  He  cautioned that                                                                   
voting  for   the  bill  would   take  courage   because  the                                                                   
initiative  industry will  be  actively involved.   He  urged                                                                   
passage of the bill.                                                                                                            
                                                                                                                                
3:54:35 PM                                                                                                                    
                                                                                                                                
JOHN   TOPPENBERG,   DIRECTOR,  ALASKA   WILDLIFE   ALLIANCE,                                                                   
SOLDOTNA   (Testified   via  teleconference),   aligned   his                                                                   
testimony with  the comments  made by Mr.  Jans.   He assumed                                                                   
that HB  348 is an attempt  to "kill" the initiative  process                                                                   
and silence  Alaskans on the issue  of predator control.   It                                                                   
is not  about biology  but rather  about eliminating  another                                                                   
point  of view.   Alaska has  a well  established history  of                                                                   
supporting science  and the formulation  of regulation.   The                                                                   
initiative process  exists to provide a check  on legislative                                                                   
power.  Alaskans are entitled  to that check.  The reality is                                                                   
that Alaska wildlife is a public  resource and the public has                                                                   
a role  to play in  establishing the  policy.  He  urged that                                                                   
the bill be opposed by all legislators.                                                                                         
                                                                                                                                
3:56:53 PM                                                                                                                    
                                                                                                                                
GERALD  BROOKMAN,   KENAI  (Testified  via   teleconference),                                                                   
indicated his opposition  to HB 348.  He referenced  the used                                                                   
of "assets" in the bill.  He pointed  out that Representative                                                                   
Keller  was  evasive in  his  response  to  the use  of  that                                                                   
language and he [Mr. Brookman]  questioned the true intent of                                                                   
the sponsor.   He  urged that the  Committee vote  against HB
348.                                                                                                                            
                                                                                                                                
3:58:21 PM                                                                                                                    
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                         
                                                                                                                                
3:58:55 PM                                                                                                                    
                                                                                                                                
HB 348 was HELD in Committee for further consideration.                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 4:01 P.M.                                                                                          
                                                                                                                                

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