Legislature(1997 - 1998)

02/11/1997 01:36 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               HOUSE RESOURCES STANDING COMMITTEE                              
                       February 11, 1997                                       
                           1:36 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Bill Hudson, Co-Chairman                                       
 Representative Scott Ogan, Co-Chairman                                        
 Representative Beverly Masek, Vice Chair                                      
 Representative Ramona Barnes                                                  
 Representative Fred Dyson                                                     
 Representative Joe Green                                                      
 Representative William K. ("Bill") Williams                                   
 Representative Irene Nicholia                                                 
 Representative Reggie Joule                                                   
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All members present                                                           
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 HOUSE BILL NO. 25                                                             
 "An Act relating to the issuance of hunting, trapping, and                    
 noncommercial fishing licenses, tags, and permits and to residency            
 for fish and game purposes; and providing for an effective date."             
                                                                               
      - MOVED CSHB 25(RES) OUT OF COMMITTEE                                    
                                                                               
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 25                                                                
 SHORT TITLE: FISH & GAME: LICENSES & RESIDENCY                                
 SPONSOR(S): REPRESENTATIVE(S) OGAN                                            
                                                                               
 JRN-DATE      JRN-PG                 ACTION                                   
 01/13/97        34    (H)   PREFILE RELEASED 1/3/97                           
 01/13/97        34    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 01/13/97        34    (H)   FSH, RESOURCES, FINANCE                           
 02/03/97              (H)   FSH AT  5:00 PM CAPITOL 124                       
 02/03/97              (H)   MINUTE(FSH)                                       
 02/05/97       241    (H)   FSH RPT 2DP 2NR                                   
 02/05/97       241    (H)   DP:  OGAN, AUSTERMAN                              
 02/05/97       241    (H)   NR: KUBINA, IVAN                                  
 02/05/97       241    (H)   2 ZERO FISCAL NOTES (DPS, F&G)                    
 02/05/97       241    (H)   REFERRED TO RESOURCES                             
 02/11/97              (H)   RES AT 1:00 PM CAPITOL 124                        
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 JOEL L. HARD, Lieutenant, Commander                                           
 Commercial Crimes Bureau                                                    
 Division of Fish and Wildlife Protection                                      
 Department of Public Safety                                                   
 5700 East Tudor Road                                                          
 Anchorage, Alaska  99507-1225                                                 
 Telephone:  (907) 269-5409                                                    
 POSITION STATEMENT:  Provided department's position and answered              
                      questions regarding HB 25.                               
                                                                               
 GEORGE UTERMOHLE, Attorney                                                    
 Legislative Legal and Research Services                                       
 Legislative Affairs Agency                                                    
 130 Seward Street, Suite 409                                                  
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 465-2450                                                    
 POSITION STATEMENT:  Answered questions regarding HB 25.                      
                                                                               
 STEVEN DAUGHERTY, Assistant Attorney General                                  
 Natural Resources Section                                                     
 Civil Division                                                                
 Department of Law                                                             
 P.O. Box 110300                                                               
 Juneau, Alaska  99811-0300                                                    
 Telephone:  (907) 465-3600                                                    
 POSITION STATEMENT:  Provided department's position and answered              
                      questions regarding HB 25.                               
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-10, SIDE A                                                            
 Number 001                                                                    
                                                                               
 CO-CHAIRMAN BILL HUDSON called the House Resources Standing                   
 Committee meeting to order at 1:36 p.m.  Members present at the               
 call to order were Representatives Hudson, Ogan, Masek, Dyson,                
 Green, Williams, Nicholia and Joule.  Representative Barnes joined            
 the meeting at 1:37 p.m.                                                      
                                                                               
 HB 25 - FISH & GAME:  LICENSES & RESIDENCY                                  
                                                                               
 Number 115                                                                    
                                                                               
 CO-CHAIRMAN HUDSON announced the committee would hear House Bill              
 No. 25, "An Act relating to the issuance of hunting, trapping, and            
 noncommercial fishing licenses, tags, and permits and to residency            
 for fish and game purposes; and providing for an effective date."             
 He called upon Co-Chairman Ogan to present the sponsor statement.             
                                                                               
 Number 129                                                                    
                                                                               
 CO-CHAIRMAN SCOTT OGAN, sponsor of HB 25, explained his reasons for           
 introducing the bill.  Some years earlier, he had become aware of             
 a man who, to Co-Chairman Ogan's knowledge, had never spent 12                
 consecutive months in the state.  For a number of years in a row,             
 this man came to Alaska for two or three months at a time to hunt             
 and fish, using resident licenses to do so.  "And I had numerous              
 conversations with Fish and Wildlife Protection at the time," Co-             
 Chairman Ogan stated.  "They could never really do anything about             
 it because the statutes defining Title 16, or fish and game                   
 residency, were too vague.  So one of the first things I decided to           
 do when I became a legislator is to try to tighten up ... that                
 statute.  And in discussions with Fish and Wildlife Protection and            
 the Department of Law, I found that this wasn't an isolated                   
 incident, that the statute needed some work, and hence comes forth            
 this bill."                                                                   
                                                                               
 Number 233                                                                    
                                                                               
 CO-CHAIRMAN OGAN advised that the previous session's bill had                 
 passed both bodies.  However, there were changes in the Senate with           
 which the House did not concur, resulting in the bill dying in the            
 last moments of the legislature.                                              
                                                                               
 Number 261                                                                    
                                                                               
 CO-CHAIRMAN OGAN explained that HB 25 eliminates some subjective              
 language and changes the language regarding "permanent place of               
 abode."  While Alaska Statutes contain no definition for "permanent           
 place of abode", there is a definition of "domicile", which is also           
 clearly defined in Black's Law Dictionary, he said.                         
                                                                               
 CO-CHAIRMAN OGAN emphasized that HB 25 in no way changed the status           
 currently enjoyed by the U.S. military.  It did, however, include             
 in statute the U.S. Coast Guard.  Although the U.S. Coast Guard had           
 always been considered the military for purposes of residency in              
 Alaska, that had not been officially defined.  "So we cleaned up              
 that as well," Co-Chairman Ogan said.  "And it's my hopes that this           
 will give Fish and Wildlife Protection and the Department of Law              
 some tools to prosecute those who would exploit our resources                 
 without paying their fair share."                                             
                                                                               
 Number 393                                                                    
                                                                               
 REPRESENTATIVE REGGIE JOULE asked whether the process of checking             
 and cross-checking residency, if those occurred, would cost money             
 that needed to be reflected in a fiscal note.                                 
                                                                               
 CO-CHAIRMAN OGAN deferred to the Department of Public Safety for a            
 response.                                                                     
                                                                               
 Number 446                                                                    
                                                                               
 JOEL L. HARD, Lieutenant, Commander, Commercial Crimes Bureau,                
 Division of Fish and Wildlife Protection, Department of Public                
 Safety, said, "I don't believe that it will cost us any additional            
 resources to prosecute cases arising from this new legislation.  We           
 already are inundated with such cases, and we spend a lot of time             
 and energy pursuing those cases.  This legislation, I think, will             
 simplify the process and probably lessen the amount of time that we           
 spend on these types of cases, just by virtue of the language                 
 change."                                                                      
                                                                               
 Number 519                                                                    
                                                                               
 REPRESENTATIVE JOE GREEN noted there were residency requirements              
 for the Longevity Bonus, the Permanent Fund Dividend and fishing              
 and hunting licenses.  He asked if it would be possible to have one           
 residency definition, for broad use throughout the state, to                  
 preclude having to look in different sections of the statutes to              
 determine specific residency requirements.                                    
                                                                               
 CO-CHAIRMAN HUDSON asked George Utermohle to respond, saying he               
 knew of no one more knowledgeable about this.                                 
                                                                               
 Number 586                                                                    
                                                                               
 GEORGE UTERMOHLE, Attorney, Legislative Legal and Research                    
 Services, Legislative Affairs Agency, responded that certainly the            
 state could adopt a uniform residency requirement.  He noted that             
 obviously the legislature, in addressing each issue and program,              
 had decided, based on the nature of the programs, that certain                
 criteria should apply.  However, nothing prevented the legislature            
 from going to a uniform scheme.  He pointed out that for general              
 purposes, a uniform definition of resident was contained in Title             
 1, which applied anywhere in the statutes except where a different            
 definition was applied.                                                       
                                                                               
 Number 628                                                                    
                                                                               
 REPRESENTATIVE GREEN asked whether Mr. Utermohle thought there was            
 any possibility that by having multiple definitions of residency,             
 problems or conflicts might be created.                                       
                                                                               
 MR. UTERMOHLE indicated it was possible for a person to be eligible           
 to participate in one program as a resident yet be a nonresident              
 for other programs, depending on the different definitions for                
 those programs.                                                               
                                                                               
 Number 676                                                                    
                                                                               
 CO-CHAIRMAN HUDSON stated, "You know, we create indicia of                    
 residency on the basis of what intentions we have.  For example, in           
 some instances, we found that the courts have struck down the long-           
 standing residency on the Longevity Bonus, for example.  In other             
 cases, we've established an indicia of residency on the basis of              
 how long they had fished in the state of Alaska, and I believe in             
 some instances there might be a two-year residency for certain                
 licenses or loans.  Am I correct on that, George?"                            
                                                                               
 MR. UTERMOHLE replied, "I think there may well still be a two-year            
 residency requirement for commercial fishing loans."                          
                                                                               
 CO-CHAIRMAN HUDSON said, "So in answer to your question,                      
 Representative Green, I think it's up to us.  But there is sort of            
 a standard definition as to what these indicia are, for example,              
 that you have to have a residency here, that you essentially have             
 to declare your residency here in the state and nowhere else and              
 those kind of things."                                                        
                                                                               
 Number 753                                                                    
                                                                               
 REPRESENTATIVE GREEN said he understood that.  However, there were            
 four pages of legislation before them.  "Most of this bill has to             
 do with the residency or the definition thereof," he pointed out.             
 "And a reference might just take a line or two, whereas we're going           
 to add to statute books a considerable amount of verbiage.  And all           
 of us are complaining that we constantly expand our statute books."           
 Representative Green suggested there should be a way to have the              
 definition in one place for reference.                                        
                                                                               
 Number 824                                                                    
                                                                               
 CO-CHAIRMAN OGAN stated, "This was a concern that was articulated             
 pretty loudly by the Department of Law when I originally introduced           
 the bill.  And in the interim of the first session, I travelled to            
 Juneau, and my chief aide at the time did, and we had a long sit-             
 down meeting with the Department of Law.  George Utermohle was                
 there, Fish and Wildlife Protection, Fish and Game, myself.  And              
 these concerns were very carefully addressed, because anytime you             
 open up a residency issue, red flags do go up with the Department             
 of Law because they've litigated so many residency cases.  So there           
 was a lot of thought that was put into this ... description, that             
 it would be homogenous with the other descriptions and address the            
 problem that we have."  Co-Chairman Ogan suggested that it was a              
 good trade-off.                                                               
                                                                               
 Number 903                                                                    
                                                                               
 REPRESENTATIVE RAMONA BARNES stated she had some input into the               
 question raised by Representative Green.  "If memory serves me                
 correctly, there is a whole set of case law that has developed                
 through the years as it relates to the residency requirements in              
 statute.  And more or less for each area that you have a residency            
 requirement, whether it be student loan, Longevity Bonus or fish              
 and game or any of the other residency requirements, there has to             
 be a cause and effect as to the length of residency and to ...                
 whatever you charge for a license or how you establish age groups             
 for different types of residencies.  Is that not correct, Mr.                 
 Utermohle?"                                                                   
                                                                               
 Number 948                                                                    
                                                                               
 MR. UTERMOHLE replied, "Yes, that is the case.  In each case where            
 you address the issue of residency, there has to be a relationship            
 between the period of residency and the benefits that you're                  
 conditioning upon that residency."                                            
                                                                               
 Number 991                                                                    
                                                                               
 REPRESENTATIVE GREEN responded, "But it just seems to me that if we           
 have, let's just take an example of a half a dozen places that                
 refer to residency requirements, and in those half-dozen references           
 they all reiterate what is a resident, and 90 percent of that is              
 all the same, that you could by reference say, `residency is this,            
 is the same as it is in AS whatever, that's residency, with the               
 exception of this and this.'"                                                 
                                                                               
 MR. UTERMOHLE suggested, "The period or the time."                            
                                                                               
 REPRESENTATIVE GREEN said, "Whatever.  Whatever that's different              
 about this ... from all the other residencies.  But to just                   
 continue to muck up our statute books with repetitive residency               
 requirements, because a lot of these are the same in -- no matter             
 which one you look at."                                                       
                                                                               
 CO-CHAIRMAN OGAN suggested that Steven Daugherty might wish to                
 comment.                                                                      
                                                                               
 Number 1037                                                                   
                                                                               
 STEVEN DAUGHERTY, Assistant Attorney General, Natural Resources               
 Section, Civil Division, Department of Law, came forward to                   
 testify.  Because he dealt exclusively with the Department of Fish            
 and Game and the Board of Fisheries, Mr. Daugherty said he was not            
 too familiar with residency requirements in other areas of statute.           
 However, he believed there was a great value to having the                    
 residency requirement explicitly laid out in the fish and game                
 statutes.  Commercial fishing, in particular, was a highly-                   
 regulated industry.  Mr. Daugherty believed many commercial                   
 fishermen carried Title 16 around with them.  He suggested if the             
 definition was by reference to some other statute, they would not             
 have that available.                                                          
                                                                               
 MR. DAUGHERTY said the Department of Law believed the bill as                 
 proposed would make the residency requirement much more                       
 enforceable.  "It would substantially ease the burden of                      
 enforcement and will basically tighten it up," he said.  He cited             
 the example of a person having a cabin in Alaska, coming up for the           
 summer to hunt and fish but going elsewhere for the winter.  That             
 person would no longer be able to claim a permanent place of abode            
 in Alaska and, therefore, residency for purposes of fish and game             
 licenses.  "They will now be in the same situation as anyone else             
 who just comes up for the summer," Mr. Daugherty said.  "Because              
 they do not have a domicile in Alaska, they would not qualify as a            
 resident."                                                                    
                                                                               
 MR. DAUGHERTY pointed out a considerable body of law exists                   
 defining "domicile."  He concluded, "Also, domicile is explicitly             
 defined at AS 16.05.940, so we believe that this will greatly                 
 improve the enforceability of the statute."                                   
                                                                               
 Number 1159                                                                   
                                                                               
 CO-CHAIRMAN HUDSON asked for confirmation that the Department of              
 Law fully agreed with the bill.                                               
                                                                               
 MR. DAUGHERTY replied, "Yes, Mr. Chairman, we believe that the bill           
 will improve enforceability."                                                 
                                                                               
 Number 1175                                                                   
                                                                               
 REPRESENTATIVE IRENE NICHOLIA asked what impact it would have on              
 commercial fishermen coming up from Seattle and Oregon to fish                
 along the coast.                                                              
                                                                               
 MR. DAUGHERTY said it would have no real impact except on a few               
 people who had been claiming residency because they owned property            
 in Alaska that they claimed as an abode.  Impacts on most people              
 who had been following the current law would be minimal. "It's                
 really only going to be those people who were trying to find a                
 loophole in the law that will be affected by this change," he said.           
                                                                               
 CO-CHAIRMAN HUDSON suggested it may have a positive effect.                   
                                                                               
 Number 1228                                                                   
                                                                               
 REPRESENTATIVE GREEN said, "Several times you've made reference to            
 `abode' and that's being taken out in favor of `domicile.'  And on            
 page 1, they refer to a `home.'  Do you see any problems with                 
 changing from, first of all, changing from `abode' to `domicile,'             
 and that obviously was by intent, and then the fact in one place              
 it's `home,' another place it's `domicile'?"  Representative Green            
 noted that page 1, line 14, referred to `home.'  On page 2, lines             
 1 and 28, it referred to `domicile.'  And on page 3, line 24, as              
 well as on page 4, line 17, it replaced a `a permanent place of               
 abode' with `domicile.'                                                       
                                                                               
 Number 1268                                                                   
                                                                               
 MR. DAUGHERTY said he did not see a problem with that.                        
                                                                               
 MR. UTERMOHLE explained `place of abode' and `domicile' have                  
 similar meanings in common law, essentially, making a place a home            
 and intending to maintain that home on a permanent basis.  He said,           
 "In the statute, we're eliminating the word `place of abode'                  
 because it also has other connotations like just the place where              
 you happen to be living at the moment, without intent to remain               
 there.  So we're taking that out of the bill and replacing it with            
 the term `domicile,' which is defined in statute essentially as the           
 place where you make your home and intend to permanently remain.              
 In this regard, in the provisions of the bill where we talk about             
 someone making a home in the state and permanently remaining there,           
 and then going on, referring to `domicile,' there's no inherent               
 conflict ...."  Mr. Utermohle said `domicile' and `home' were being           
 referred to in the same context.  In that regard, he saw no problem           
 with the two terms being used in the same section.                            
                                                                               
 Number 1374                                                                   
                                                                               
 REPRESENTATIVE GREEN stated his understanding that `domicile' and             
 `abode' were different, but `home' and `domicile' were compatible.            
                                                                               
 MR. UTERMOHLE clarified, "`Domicile' and `place of abode' in the              
 common law have basically the same meaning.  But it can also have             
 other meanings which are judicially applied to the terms.  And in             
 this statute, we're going to the term `domicile' because it has a             
 fixed statutory definition and avoiding the uncertainty that arises           
 from the need to judicially define the term `place of abode.'  And            
 in this state, we don't have a defined term for `place of abode' in           
 Title 16."                                                                    
                                                                               
 REPRESENTATIVE GREEN said, "So `home' then is not in conflict.                
 That isn't somewhere else in statute that might be the same problem           
 with `abode.'"                                                                
                                                                               
 MR. UTERMOHLE responded, "I don't see that problem existing."                 
                                                                               
 Number 1422                                                                   
                                                                               
 MR. DAUGHERTY read the definition of `domicile' from AS                       
 16.05.940(11), which is "the true and permanent home of a person              
 from which the person has no present intention of moving and to               
 which the person intends to return whenever the person is away;               
 domicile may be proved by presenting evidence acceptable to the               
 boards of fisheries and game".  Mr. Daugherty stated, "That                   
 basically shows that `home' is an aspect of `domicile.'  So the two           
 terms are not in conflict."                                                   
                                                                               
 CO-CHAIRMAN HUDSON indicated his desire to adopt the committee                
 substitute before them.                                                       
                                                                               
 Number 1470                                                                   
                                                                               
 REPRESENTATIVE BARNES responded, "So moved, Mr. Chairman."                    
                                                                               
 CO-CHAIRMAN HUDSON asked if there was any objection to adopting               
 Work Draft 0-LS0163\E, Utermohle, 2/11/97, as the committee                   
 substitute.  There being no objection, it was adopted.                        
                                                                               
 Number 1470                                                                   
                                                                               
 REPRESENTATIVE BARNES made a motion that CSHB 25(RES) move from               
 committee with zero fiscal notes and individual recommendations.              
 She asked unanimous consent.                                                  
                                                                               
 REPRESENTATIVE BILL WILLIAMS asked whether anyone was on                      
 teleconference to testify.                                                    
                                                                               
 CO-CHAIRMAN HUDSON noted that the only person listed, Lieutenant              
 Hard, had already testified.                                                  
                                                                               
 Number 1498                                                                   
                                                                               
 CO-CHAIRMAN HUDSON asked if there was an objection to the motion to           
 move the bill.  There being no objection, CSHB 25(RES) moved from             
 the House Resources Standing Committee with individual                        
 recommendations and zero fiscal notes.                                        
                                                                               
 Number 1525                                                                   
                                                                               
 CO-CHAIRMAN HUDSON advised that the next meeting would be Thursday,           
 February 13, to hear HB 28, regarding repeal of the Coastal Zone              
 Management program.  He urged members to review materials.                    
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 CO-CHAIRMAN HUDSON adjourned the House Resources Standing Committee           
 meeting at 2:02 p.m.                                                          
                                                                               

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