Legislature(2015 - 2016)BILL RAY CENTER 208

05/05/2016 08:30 AM CONFERENCE COMMITTEE ON HB137


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08:32:56 AM Start
08:33:31 AM HB137
08:47:19 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 137 HUNT/FISH/TRAP: FEES;LICENSES;EXEMPTIONS
Heard & Held
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
                 CONFERENCE COMMITTEE ON HB 137                                                                               
                          May 5, 2016                                                                                           
                           8:32 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative David Talerico, Chair                                                                                            
Representative Benjamin Nageak                                                                                                  
Representative Geran Tarr                                                                                                       
                                                                                                                                
Senator Cathy Giessel, Chair                                                                                                    
Senator Bill Stoltze                                                                                                            
Senator Gary Stevens                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 137                                                                                                              
"An Act raising  certain fees related to  sport fishing, hunting,                                                               
and  trapping;  raising  the  age  of  eligibility  for  a  sport                                                               
fishing,  hunting,  or  trapping   license  exemption  for  state                                                               
residents  to  65 years  of  age;  requiring state  residents  to                                                               
purchase big  game tags  to take  certain species;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 137                                                                                                                  
SHORT TITLE: HUNT/FISH/TRAP: FEES;LICENSES;EXEMPTIONS                                                                           
SPONSOR(s): REPRESENTATIVE(s) TALERICO                                                                                          
                                                                                                                                
03/06/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/06/15       (H)       RES, FIN                                                                                               
03/20/15       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/20/15       (H)       Heard & Held                                                                                           
03/20/15       (H)       MINUTE(RES)                                                                                            
03/25/15       (H)       RES AT 6:00 PM BARNES 124                                                                              
03/25/15       (H)       Moved  CSHB 137(RES) Out of Committee                                                                  
03/25/15       (H)       MINUTE(RES)                                                                                            
03/27/15       (H)       RES RPT CS(RES) NT 2DP 3NR 2AM                                                                         
03/27/15       (H)       DP: OLSON, TALERICO                                                                                    
03/27/15       (H)       NR: HERRON, JOSEPHSON, JOHNSON                                                                         
03/27/15       (H)       AM: SEATON, TARR                                                                                       
04/07/15       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/07/15       (H)       Heard & Held                                                                                           
04/07/15       (H)       MINUTE(FIN)                                                                                            
04/10/15       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/10/15       (H)       Heard & Held                                                                                           
04/10/15       (H)       MINUTE(FIN)                                                                                            
04/13/15       (H)       FIN RPT CS(FIN) NT 5DP 5NR                                                                             
04/13/15       (H)       DP: PRUITT, WILSON, GATTIS, MUNOZ,                                                                     
                         THOMPSON                                                                                               
04/13/15       (H)       NR: SADDLER, GARA, GUTTENBERG, EDGMON,                                                                 
                         NEUMAN                                                                                                 
04/13/15       (H)       FIN AT 9:00 AM HOUSE FINANCE 519                                                                       
04/13/15       (H)       Moved  CSHB 137(FIN) Out of Committee                                                                  
04/13/15       (H)       MINUTE(FIN)                                                                                            
04/15/15       (H)       TRANSMITTED TO (S)                                                                                     
04/15/15       (H)       VERSION: CSHB 137(FIN) AM                                                                              
04/15/15       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
04/15/15       (S)       Scheduled but Not Heard                                                                                
04/16/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/16/15       (S)       RES, FIN                                                                                               
04/16/15       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
04/16/15       (S)       Heard & Held                                                                                           
04/16/15       (S)       MINUTE(RES)                                                                                            
04/17/15       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/17/15       (S)       Scheduled but Not Heard                                                                                
02/29/16       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/29/16       (S)       Heard & Held                                                                                           
02/29/16       (S)       MINUTE(RES)                                                                                            
03/23/16       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
03/23/16       (S)       Heard & Held                                                                                           
03/23/16       (S)       MINUTE(RES)                                                                                            
03/28/16       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
03/28/16       (S)       Moved   SCS   CSHB   137(RES)   Out   of                                                               
                         Committee                                                                                              
03/28/16       (S)       MINUTE(RES)                                                                                            
03/30/16       (S)       RES RPT SCS 2DP 2NR 3AM  NEW TITLE                                                                     
03/30/16       (S)       DP: GIESSEL, COGHILL                                                                                   
03/30/16       (S)       NR: COSTELLO, STEDMAN                                                                                  
03/30/16       (S)       AM: WIELECHOWSKI, MICCICHE, STOLTZE                                                                    
04/12/16       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/12/16       (S)       Heard & Held                                                                                           
04/12/16       (S)       MINUTE(FIN)                                                                                            
04/13/16       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/13/16       (S)       Heard & Held                                                                                           
04/13/16       (S)       MINUTE(FIN)                                                                                            
04/15/16       (S)       FIN AT 8:00 AM SENATE FINANCE 532                                                                      
04/15/16       (S)       Heard & Held                                                                                           
04/15/16       (S)       MINUTE(FIN)                                                                                            
04/15/16       (S)       FIN AT 5:00 PM SENATE FINANCE 532                                                                      
04/15/16       (S)       Moved SCS CSHB 137(FIN) AM Out of                                                                      
                         Committee                                                                                              
04/15/16       (S)       MINUTE(FIN)                                                                                            
04/16/16       (S)       FIN RPT SCS 5DP 2NR  NEW TITLE                                                                         
04/16/16       (S)       DP:    MACKINNON,   MICCICHE,    BISHOP,                                                               
                         DUNLEAVY, HOFFMAN                                                                                      
04/16/16       (S)       NR: KELLY, OLSON                                                                                       
04/17/16       (S)       VERSION: SCS CSHB 137(FIN) AM S                                                                        
04/20/16       (H)       CONFERENCE COMMITTEE APPOINTED                                                                         
04/20/16       (H)       TALERICO (CHAIR), NAGEAK, TARR                                                                         
04/22/16       (S)       RECEDE MESSAGE READ AND HELD                                                                           
05/04/16       (S)       RECEDE MESSAGE TAKEN UP                                                                                
05/04/16       (S)       CONFERENCE COMMITTEE APPOINTED                                                                         
05/04/16       (S)       GIESSEL (CHAIR), STOLTZE, STEVENS                                                                      
05/05/16       (H)       HB137 AT 8:30 AM BILL RAY CENTER 208                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
KEVIN BROOKS, Deputy Commissioner                                                                                               
Alaska Department of Fish & Game (ADF&G)                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided  information and answered questions                                                             
during the Conference Committee hearing on HB 137.                                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:32:56 AM                                                                                                                    
                                                                                                                                
CHAIR DAVID  TALERICO called the Conference  Committee meeting on                                                             
HB 137 to  order at 8:32 a.m.  Representatives  Nageak, Tarr, and                                                               
Talerico,  and  Senators  Stevens,   Stoltze,  and  Giessel  were                                                               
present at the call to order.                                                                                                   
                                                                                                                                
        HB 137-HUNT/FISH/TRAP: FEES;LICENSES;EXEMPTIONS                                                                     
                                                                                                                                
8:33:31 AM                                                                                                                    
                                                                                                                                
CHAIR TALERICO  announced that the  only order of  business would                                                               
be CS  FOR HOUSE BILL  NO. 137(FIN)  am, "An Act  raising certain                                                               
fees related  to sport fishing,  hunting, and  trapping; relating                                                               
to the fish and game fund;  providing for the repeal of the sport                                                               
fishing  surcharge  and  sport fishing  facility  revenue  bonds;                                                               
replacing  the  permanent  sport fishing,  hunting,  or  trapping                                                               
identification card for certain  residents with an identification                                                               
card valid  for three years;  relating to hunting and  fishing by                                                               
proxy;  relating to  fish and  game conservation  decals; raising                                                               
the age of eligibility for  a sport fishing, hunting, or trapping                                                               
license exemption for  state residents; raising the  age at which                                                               
a  state resident  is  required  to obtain  a  license for  sport                                                               
fishing,  hunting, or  trapping; and  providing for  an effective                                                               
date." and  SENATE CS FOR  CS FOR HOUSE  BILL NO. 137(FIN)  am S,                                                               
"An   Act  establishing   an   intensive  management   surcharge;                                                               
providing for  the repeal of the  intensive management surcharge;                                                               
establishing  certain special  hunting and  fishing licenses  and                                                               
permits   for   residents    with   developmental   disabilities;                                                               
establishing a separate sustainable  wildlife account in the fish                                                               
and game  fund; raising  certain fees  related to  sport fishing,                                                               
hunting,  and  trapping; relating  to  the  fish and  game  fund;                                                               
providing  for the  repeal  of the  sport  fishing surcharge  and                                                               
sport fishing facility revenue bonds;  relating to the regulation                                                               
of  nonresident  hunters;  relating  to hunting  and  fishing  by                                                               
proxy;  relating to  fish and  game conservation  decals; raising                                                               
the  age at  which  a  state resident  is  required  to obtain  a                                                               
license for sport fishing, hunting,  or trapping; relating to the                                                               
Chitina dip net fishery; and providing for an effective date."                                                                  
                                                                                                                                
CHAIR TALERICO stated that the  Conference Committee on HB 137 is                                                               
operating under Rule 42; public  testimony will not be taken; and                                                               
adoption  of   the  conference   committee  report   requires  an                                                               
affirmative  vote  by a  majority  of  the membership  from  each                                                               
house.  He entertained a motion to adopt the House version.                                                                     
                                                                                                                                
8:34:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NAGEAK moved to adopt CSHB 137(FIN)am.                                                                           
                                                                                                                                
CHAIR GIESSEL and SENATOR STEVENS objected.                                                                                     
                                                                                                                                
8:34:37 AM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representatives Nageak  and Tarr                                                               
voted  in  favor   of  the  motion  to   adopt  CSHB  137(FIN)am.                                                               
Representative  Talerico voted  against  it.   Senators  Stoltze,                                                               
Stevens,  and Giessel  voted  against the  motion  to adopt  CSHB
137(FIN)am.   Therefore  the motion  failed  with a  vote of  2:1                                                               
(House) and 0-3 (Senate).                                                                                                       
                                                                                                                                
8:35:29 AM                                                                                                                    
                                                                                                                                
CHAIR GIESSEL moved to adopt SCS CSHB 137(FIN)am S.                                                                             
                                                                                                                                
CHAIR TALERICO objected.                                                                                                        
                                                                                                                                
8:35:41 AM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representative  Nageak voted  in                                                               
favor   of  the   motion  to   adopt  SCS   CSHB  137(FIN)am   S.                                                               
Representatives  Tarr and  Talerico voted  against it.   Senators                                                               
Stoltze, Stevens, and  Giessel voted against the  motion to adopt                                                               
SCS CSHB 137(FIN)am  S.  Therefore the motion failed  with a vote                                                               
of 1:2 (House) and 0:3 (Senate).                                                                                                
                                                                                                                                
8:36:31 AM                                                                                                                    
                                                                                                                                
CHAIR  TALERICO  offered his  understanding  that  the House  had                                                               
agreed with all  the changes adopted by the Senate  body but one:                                                               
a Senate  floor amendment  that added  Section 29.   He  said the                                                               
intent  of   Section  29  was   to  deal  with   some  unintended                                                               
consequences of some Board of  Game regulations relating to black                                                               
bears  in  Southeast Alaska;  however,  it  ended up  restricting                                                               
other allocations,  for example, the  brown bear hunt  in Kodiak,                                                               
Alaska, where the proposed language  in Section 29 would have cut                                                               
the number of  brown bear hunts [requiring  registered guides] in                                                               
half.   Another area that would  be affected is in  the mountains                                                               
of  Tok,  Alaska,  where  sheep  hunts occur.    He  offered  his                                                               
understanding that it  was not the intention of  [the Senate] for                                                               
Section 29  to have that consequence.   He said in  order for new                                                               
language  to   be  incorporated  into  HB   137,  the  Conference                                                               
Committee on HB 137 would need  to request limited powers of free                                                               
conference.    He  asked  Chair Giessel  to  outline  a  proposed                                                               
solution.                                                                                                                       
                                                                                                                                
8:37:55 AM                                                                                                                    
                                                                                                                                
CHAIR  GIESSEL  clarified  that  a  proposed  solution  had  been                                                               
discussed with the maker of  the amendment that added Section 29.                                                               
The  solution would  be  to  remove Section  29  from the  Senate                                                               
version of HB  137 and replace it with  reporting requirements on                                                               
the game opportunity for residents  and nonresidents.  She stated                                                               
that at  the fundamental level, [HB  137] is a revenue  bill, and                                                               
"the  [Senate floor]  amendment  deals  with allocation  issues."                                                               
She explained that adding a  reporting requirement would meet the                                                               
original  intent of  that amendment,  but without  the unintended                                                               
consequences  of  Section  29.     She  echoed  Chair  Talerico's                                                               
statement that in  order to make the changes,  the committee must                                                               
request limited powers of a free conference committee.                                                                          
                                                                                                                                
8:38:58 AM                                                                                                                    
                                                                                                                                
CHAIR TALERICO noted  those available to testify:   Kevin Brooks,                                                               
the deputy commissioner of the  Alaska Department of Fish & Game;                                                               
Bruce   Dale,  the   director  of   the   Division  of   Wildlife                                                               
Conservation; and  Natalie Weber,  with the Division  of Wildlife                                                               
Conservation.                                                                                                                   
                                                                                                                                
8:39:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR said  she would like to hear  from Mr. Brooks                                                               
regarding [the reporting requirement  that may be considered] and                                                               
[the aforementioned] Section [29].                                                                                              
                                                                                                                                
8:39:59 AM                                                                                                                    
                                                                                                                                
KEVIN BROOKS,  Deputy Commissioner,  Alaska Department of  Fish &                                                               
Game  (ADF&G),   indicated  the   department  had   analyzed  the                                                               
reporting   requirement  [being   considered  for   a  conference                                                               
committee  substitute],  and  he  relayed   that  a  lot  of  the                                                               
reporting  contemplated  is already  being  done.   He  said  the                                                               
department already  promulgates in  regulation issues  related to                                                               
hunts, bag  limits, and resident/nonresident  status.   He stated                                                               
that  as the  department  understands the  proposed solution,  it                                                               
would formalize  reporting such that the  department would notify                                                               
the  legislature  that  it  had   updated  the  board's  activity                                                               
[report] for the preceding year.   He said he thinks ADF&G can do                                                               
that with  existing staff; it  would not  create a burden  on the                                                               
department; and it  would not result in any additional  cost.  He                                                               
said  to reflect  those points  the department  would update  the                                                               
fiscal note that would correlate with a new version HB 137.                                                                     
                                                                                                                                
REPRESENTATIVE  TARR inquired  if  the  proposed reporting  would                                                               
include any recommendations.  She continued:                                                                                    
                                                                                                                                
     ...  I  guess  that's  what  I  wanted  to  understand,                                                                    
     because this  was going to sort  of broaden application                                                                    
     of  resident status  to nonresident  individuals.   But                                                                    
     does  this --  this  is  just more  of  us getting  the                                                                    
     information so  we have  a deeper  understanding rather                                                                    
     than [the]  department making  recommendations relative                                                                    
     to that policy change?                                                                                                     
                                                                                                                                
MR. BROOKS answered that's correct.                                                                                             
                                                                                                                                
8:41:38 AM                                                                                                                    
                                                                                                                                
SENATOR STOLTZE asked  why the legislature bothered  to confirm a                                                               
Board of Game if the department is making the policy changes.                                                                   
                                                                                                                                
MR. BROOKS  answered that  all the department  would be  doing is                                                               
reporting on  the board's  activities; it  would not  be creating                                                               
policy.                                                                                                                         
                                                                                                                                
SENATOR  STOLTZE offered  his  understanding  that [Mr.  Brooks']                                                               
response to  [Representative Tarr's] question had  been that [the                                                               
department] would  make policy recommendations.   He remarked, "I                                                               
don't know who runs  the Board of Game.  Is  it the department or                                                               
...  are  they   the  people's  representatives?     That  was  a                                                               
troublesome statement there."                                                                                                   
                                                                                                                                
MR. BROOKS responded that the  Board of Game acts upon delegation                                                               
from the  legislature; it  does not work  under the  direction of                                                               
the department.                                                                                                                 
                                                                                                                                
SENATOR STOLTZE expressed hope that  that would be "cemented" and                                                               
"remembered."                                                                                                                   
                                                                                                                                
8:42:32 AM                                                                                                                    
                                                                                                                                
SENATOR STEVENS asked  when, on an annual  basis, the legislature                                                               
could expect the report to be made available.                                                                                   
                                                                                                                                
MR.  BROOKS   answered  that  the  amendment   calls  for  annual                                                               
notification  on  February  1 of  the  previous  calendar  year's                                                               
activities.                                                                                                                     
                                                                                                                                
8:42:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR asked Mr. Brooks  to address "the most recent                                                               
fiscal note," in regard to  "what our opportunities for the match                                                               
are."                                                                                                                           
                                                                                                                                
MR. BROOKS  replied that the  bill would generate an  estimated 9                                                               
percent or  $9.1 million in  revenue, approximately  $3.5 million                                                               
of which is allocated to sport  fishing and about $5.5 million to                                                               
hunting and  wildlife conservation.  Currently  the department is                                                               
under-matched on federal funds for  "the wildlife side."  He said                                                               
there  has  been  a  significant  increase  in  Pittman-Robertson                                                               
funds,  so  the revenue  derived  from  HB  137 would  help  that                                                               
funding match  by 3:1 - federal  to state dollars.   He indicated                                                               
that matches  on the fishing  side come from  the Dingell-Johnson                                                               
program,  but currently  there  is not  a  match challenge  being                                                               
offered.   He  said, "There  are other  -- certainly  the revenue                                                               
derived is going to have a beneficial  use.  One, for some of the                                                               
general fund cuts that have occurred  in that division."  He said                                                               
the department had provided a  document to the [Senate] Resources                                                               
[Standing] Committee  on some of  the intended uses of  the funds                                                               
for both sport fishing and wildlife conservation.                                                                               
                                                                                                                                
8:44:55 AM                                                                                                                    
                                                                                                                                
SENATOR STEVENS  said the unintended  consequences of  the Senate                                                               
floor  amendment would  have been  devastating to  his community,                                                               
including  cutting  in  half  the   allocation  for  the  guiding                                                               
industry, which has made investments  in camps over the years and                                                               
has scheduled  plans years  in advance.   He  expressed gratitude                                                               
for the efforts being made to improve the proposed legislation.                                                                 
                                                                                                                                
8:45:51 AM                                                                                                                    
                                                                                                                                
SENATOR GEISSEL  moved that  the Conference  Committee on  HB 137                                                               
request  limited powers  of free  conference  for HB  137, as  it                                                               
relates to  Section 29 of SCS  CSHB 137(FIN)AM S, related  to the                                                               
Board of  Game restrictions on  big game hunts  for nonresidents.                                                               
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
[HB 137 was held over.]                                                                                                         
                                                                                                                                
8:47:19 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There  being  no  further  business  before  the  committee,  the                                                               
Conference  Committee meeting  on HB  137 was  adjourned at  8:47                                                               
a.m.                                                                                                                            

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