Legislature(2015 - 2016)BILL RAY CENTER 208
05/05/2016 08:30 AM House CONFERENCE COMMITTEE ON HB137
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| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| HB 137 | |||
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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