Legislature(2007 - 2008)CAPITOL 124

02/23/2007 08:30 AM House FISHERIES


Download Mp3. <- Right click and save file as

Audio Topic
08:40:53 AM Start
08:41:21 AM HB137
09:07:23 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HJR 4 NINILCHIK FISHING PRIORITY TELECONFERENCED
Scheduled But Not Heard
*+ HB 137 SENIOR FISHING/HUNTING/TRAPPING LICENSES TELECONFERENCED
Moved CSHB 137(FSH) Out of Committee
<Bill Hearing Rescheduled from 02/19/07>
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                       February 23, 2007                                                                                        
                           8:40 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Paul Seaton, Chair                                                                                               
Representative Kyle Johansen                                                                                                    
Representative Gabrielle LeDoux                                                                                                 
Representative Peggy Wilson                                                                                                     
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Craig Johnson                                                                                                    
Representative Bryce Edgmon                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
HOUSE BILL NO. 137                                                                                                              
"An Act amending the requirements for the identification card                                                                   
needed for sport fishing, hunting, and trapping without a                                                                       
license by residents who are 60 years of age or more."                                                                          
                                                                                                                                
     - MOVED CSHB 137 (FSH) OUT OF COMMITTEE                                                                                    
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 4                                                                                                    
Requesting the Federal Subsistence Board to reconsider its                                                                      
decision regarding the subsistence fishery priority given to                                                                    
Ninilchik residents.                                                                                                            
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 137                                                                                                                  
SHORT TITLE: SENIOR FISHING/HUNTING/TRAPPING LICENSES                                                                           
SPONSOR(s): FISHERIES                                                                                                           
                                                                                                                                
02/14/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/07       (H)       FSH, RES, FIN                                                                                          
02/19/07       (H)       FSH AT 8:30 AM CAPITOL 124                                                                             
02/19/07       (H)       -- Meeting Canceled --                                                                                 
02/23/07       (H)       FSH AT 8:30 AM CAPITOL 124                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
KATHERINE SHOWS, Staff                                                                                                          
to Representative Paul Seaton                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB  137 on behalf of sponsor House                                                               
Special Committee on Fisheries, Chair Paul Seaton.                                                                              
                                                                                                                                
KRISTIN WRIGHT, Licensing Supervisor                                                                                            
Division of Administrative Services                                                                                             
Alaska Department of Fish & Game                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions about HB 137.                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  PAUL   SEATON  called  the  House   Special  Committee  on                                                             
Fisheries  meeting  to  order at  8:40:53  AM.    Representatives                                                             
LeDoux, Wilson,  and Holmes  were present at  the call  to order.                                                               
Representative Johansen arrived as the meeting was in progress.                                                                 
                                                                                                                                
HB 137-SENIOR FISHING/HUNTING/TRAPPING LICENSES                                                                               
                                                                                                                                
8:41:21 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced  that the only order of  business would be                                                               
HOUSE BILL  NO. 137,  "An Act amending  the requirements  for the                                                               
identification  card  needed  for  sport  fishing,  hunting,  and                                                               
trapping without a  license by residents who are 60  years of age                                                               
or more."                                                                                                                       
                                                                                                                                
8:42:17 AM                                                                                                                    
                                                                                                                                
KATHERINE  SHOWS, Staff  to  Representative  Paul Seaton,  Alaska                                                               
State  Legislature,  introduced  HB 137,  paraphrasing  from  the                                                               
sponsor statement,  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     The Permanent Identification Card  (PID) is a permanent                                                                    
     license  that  allows  Alaskan  seniors  to  enjoy  the                                                                    
     natural resources of this  great state through hunting,                                                                    
     fishing and trapping  free of charge.   However, as the                                                                    
     program   is  currently   structured,  there   are  few                                                                    
     safeguards to  prevent abuse.   Because the  license is                                                                    
     permanent, someone can  get the card when  they live in                                                                    
     Alaska, move out  of state and never have to  pay for a                                                                    
     license in  Alaska on subsequent return  visits.  Also,                                                                    
     because  there is  no easily  enforceable determination                                                                    
     of  Alaskan  resident, non-residents  can  fraudulently                                                                    
     apply for  a card.   This  is not  fair to  seniors who                                                                    
     live  here  year round  that  have  the right  to  fish                                                                    
     without the financial burden of a yearly license fee.                                                                      
                                                                                                                                
     HB  137   changes  the  current  PID   statute  from  a                                                                    
     permanent   identification   card    to   a   temporary                                                                    
     identification card.   The  license holder  is required                                                                    
     to  renew  the  card  every three  years  and  must  be                                                                    
     eligible  for  the  permanent fund  dividend  [PFD]  to                                                                    
     qualify  for  the free  hunting/fishing/trapping  card.                                                                    
     Fish  and Game  will  have a  list  of individuals  who                                                                    
     received the  PFD to cross  reference before  issuing a                                                                    
     free senior  license.  The  program will be  easier for                                                                    
     Fish and Game to administer  because they have a simple                                                                    
     way to  check for suspected fraud  instead of enlisting                                                                    
     the  help of  the overextended  Wildlife Troopers.   HB
     137  will result  in an  increase of  funds as  out-of-                                                                    
     state individuals will have to purchase their license.                                                                     
                                                                                                                                
     More  people have  been issued  a  PID in  the last  20                                                                    
     years  than there  are eligible  residents [age  60 and                                                                    
     over]  in  Alaska  who  receive  the  PFD.    Anecdotal                                                                    
     stories of  abuse of  this benefit  include a  Fish and                                                                    
     Game clerk on  the Kenai Peninsula who issued  a PID to                                                                    
     a senior who claimed he was  a resident but that he did                                                                    
     not  own  a drivers  license  to  prove  it.   He  then                                                                    
     proceeded to  get into the  drivers seat of a  car with                                                                    
     out-of-state plates.   The Fish and  Game officer faxed                                                                    
     the individual's information  to the Wildlife Troopers,                                                                    
     however  they do  not have  the resources  to persecute                                                                    
     minor    offenses    such   as    fraudulent    license                                                                    
     applications,  leaving the  program  with little  means                                                                    
     for checks and balances.                                                                                                   
                                                                                                                                
8:46:04 AM                                                                                                                    
                                                                                                                                
MS. SHOWS  explained that  HB 137 will  continue to  allow senior                                                               
Alaskans to receive  a PID, and will clarify  eligibility for the                                                               
program by providing clear direction  for seniors who move out of                                                               
state.    HB  137  makes enforcement  of  residency  requirements                                                               
easier and maintains the integrity of the program, she said.                                                                    
                                                                                                                                
REPRESENTATIVE WILSON moved to adopt Amendment 1, labeled 25-                                                                   
LS0118\C.1, Kane, 2/22/07, which read:                                                                                          
                                                                                                                                
     Page 1, line 12, following "resident":                                                                                 
                                                                                                                                
          Insert "must have lawfully received a permanent                                                                   
          fund dividend in the previous year or"                                                                            
                                                                                                                                
     Page 1, line 13:                                                                                                           
          Delete "AS 43.23.005"                                                                                             
          Insert "AS 43.23.005(a)(3) - (7)"                                                                                 
                                                                                                                                
8:48:26 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON objected for purposes of discussion.                                                                               
                                                                                                                                
MS. SHOWS  explained that  Amendment 1  was drafted  to alleviate                                                               
concerns held by  the PFD division.  Requiring that  a senior PID                                                               
applicant be successful by also  being a PFD applicant may result                                                               
in  an  influx  of  ineligible PFD  applications.    Amendment  1                                                               
requires  that a  PID applicant  meet PFD  eligibility standards,                                                               
regardless of whether a PFD  was received, as stipulated under AS                                                               
43.23.005(a)(3)-(7).  This allows residents  who do not apply for                                                               
a PFD to be  eligible for a PID.  In response  to a question from                                                               
Representative Holmes, the committee was  provided with a copy of                                                               
AS 43.23.005.   Ms. Shows explained that HB 137  does not include                                                               
the  requirements  of  AS   43.23.005(1)-(2)  because  those  two                                                               
requirements are related  to the act of applying for  a PFD.  The                                                               
intent of  the amendment is to  not allow mere application  for a                                                               
PFD  to qualify  a  person for  a PID.    Therefore, Amendment  1                                                               
focuses  on AS  43.23.005(a)(3)-(7)  which  sets forth  residency                                                               
criteria,  such  as stipulations  for  physical  presence in  the                                                               
state.                                                                                                                          
                                                                                                                                
REPRESENTATIVE HOLMES  stated that  the physical  presence aspect                                                               
is addressed in AS 43.23.005(a)(6),  which requires that a person                                                               
be in the  state at all times during the  qualifying year, except                                                               
for absences as allowed under AS 43.23.005(a)(8).                                                                               
                                                                                                                                
CHAIR SEATON emphasized  that not all seniors apply  for the PFD,                                                               
even though  they are residents  of the  state and qualify  for a                                                               
PID.                                                                                                                            
                                                                                                                                
8:53:58 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON withdrew his objection to Amendment 1.                                                                             
                                                                                                                                
There being no further objection, Amendment 1 was adopted.                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX asked what  the PID program currently costs                                                               
the state.                                                                                                                      
                                                                                                                                
MS.  SHOWS  directed  the  committee's   attention  to  an  ADF&G                                                               
committee handout indicating  a revenue loss of  $137,827, due to                                                               
program  abuse.   However, she  stressed  that this  can only  be                                                               
estimated because  ADF&G does not  know how many  ineligible PIDs                                                               
are currently in use.                                                                                                           
                                                                                                                                
CHAIR  SEATON noted  that while  the  amount of  $137,000 is  not                                                               
significant,  the  public's  perception  of program  abuse  is  a                                                               
significant issue.                                                                                                              
                                                                                                                                
REPRESENTATIVE HOLMES  questioned how  a card  holder's residency                                                               
will be determined during the  application process, as well as in                                                               
the field.                                                                                                                      
                                                                                                                                
8:57:54 AM                                                                                                                    
                                                                                                                                
KRISTIN WRIGHT, Licensing  Supervisor, Division of Administrative                                                               
Services, Alaska  Department of  Fish & Game,  (ADF&G), explained                                                               
that under the provisions of  the proposed bill, the PFD division                                                               
will annually provide  ADF&G with a file containing  the names of                                                               
PFD recipients.   Before issuance  of a PID, an  applicant's name                                                               
must  appear in  the  PFD file;  or if  not,  the applicant  must                                                               
utilize  the  alternative  process   of  AS  43.23.005(3)-(7)  to                                                               
determine residency.                                                                                                            
                                                                                                                                
8:58:36 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  reminded the committee  that the goal is  to assure                                                               
qualified licensing, and legal use of temporary licenses.                                                                       
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  what the  timeline for  receiving a                                                               
PID is, following application at an ADF&G office.                                                                               
                                                                                                                                
MS. WRIGHT  indicated that  a temporary license  is valid  for 60                                                               
days, and  that a permanent  card is  mailed within two  weeks of                                                               
application.  She opined that it  should be an easy task to cross                                                               
check applicant  names against the  PFD file.  However,  she said                                                               
that a senior  will not be able  to use their license  on the day                                                               
they apply.                                                                                                                     
                                                                                                                                
CHAIR  SEATON  inquired whether  ADF&G  could  issue a  temporary                                                               
senior card  on the day a  person applies if ADF&G  has immediate                                                               
access to the PFD files.                                                                                                        
                                                                                                                                
MS.  WRIGHT ventured  that it  may not  be a  problem to  issue a                                                               
temporary  card on  the  day  a person  applies  if  the name  is                                                               
included in the PFD  file.  She said it may  also be possible for                                                               
a senior to  apply via online, similar to  the online application                                                               
for a sport  fishing license.  Persons applying  online receive a                                                               
same day temporary license.                                                                                                     
                                                                                                                                
CHAIR  SEATON observed  that  the  application process  described                                                               
above would take care of most applicants in an efficient manner.                                                                
                                                                                                                                
9:02:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX sought  assurance that  ADF&G would  check                                                               
senior license applications against the PFD information.                                                                        
                                                                                                                                
MS.  WRIGHT  expressed  confidence that  the  proposed  residency                                                               
checks  will  happen,  and  offered that  the  PFD  division  has                                                               
assured ADF&G  file availability.   To a follow-up  question, she                                                               
answered that an applicant for a  PID must have been in the state                                                               
for the previous 12 months.                                                                                                     
                                                                                                                                
REPRESENTATIVE  HOLMES recognized  that  passage of  HB 137  will                                                               
impose new  methods for  PID application,  and asked  how seniors                                                               
would be made aware of the changes to the process.                                                                              
                                                                                                                                
MS. WRIGHT replied that this  is still being contemplated and has                                                               
yet to be reviewed by the  Department of Law (DOL).  However, one                                                               
option  being  considered  is  to send  letters  to  current  PID                                                               
holders every  three years, to remind  them of the need  to renew                                                               
their license.  She stated that  whether the provisions of HB 137                                                               
will apply to  seniors already in the system is  a discussion for                                                               
the DOL.                                                                                                                        
                                                                                                                                
CHAIR  SEATON stated  that  the DOL  will  provide the  necessary                                                               
guidance, and if  those who currently hold a PID  are required to                                                               
comply   with   aspects  of   HB   137,   notification  will   be                                                               
appropriately made.                                                                                                             
                                                                                                                                
9:06:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON moved to report  HB 137, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.  There being  no objection, CSHB 137(FSH) was moved                                                               
from committee.                                                                                                                 
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Special Committee on Fisheries meeting was adjourned at 9:07:23                                                               
AM.                                                                                                                           

Document Name Date/Time Subjects