Legislature(1997 - 1998)
04/23/1998 02:30 PM House RES
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE RESOURCES STANDING COMMITTEE
April 23, 1998
2:30 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 William K. (Bill) Williams
Representative Irene Nicholia
Representative Reggie Joule
MEMBERS ABSENT
Representative Joe Green
COMMITTEE CALENDAR
CS FOR SENATE JOINT RESOLUTION NO. 40(RES)
Relating to the fisheries management fee proposed by President
Clinton.
- MOVED CSSJR 40(RES) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 330(RES)
"An Act relating to locations of underground facilities and
excavations in the area of underground facilities."
- MOVED HCS CSSB 330(RES) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 262(RES)
"An Act relating to regulation of hunting and trapping, to the
definition of 'sustained yield,' and to controlled use areas."
- HEARD AND HELD
HOUSE BILL NO. 184
"An Act relating to land used for agricultural purposes and to
state land classified for agricultural purposes or subject to the
restriction of use for agricultural purposes only; and annulling
certain program regulations of the Department of Natural Resources
that are inconsistent with the amendments made by this Act."
- SCHEDULED BUT NOT HEARD
(* First public hearing)
PREVIOUS ACTION
BILL: SJR 40
SHORT TITLE: FISHERIES MANAGEMENT FEE
SPONSOR(S): SENATOR(S) LEMAN, Hoffman, Lincoln, Taylor, Mackie,
Ward; REPRESENTATIVE(S) Hudson
Jrn-Date Jrn-Page Action
2/16/98 2522 (S) READ THE FIRST TIME - REFERRAL(S)
2/16/98 2522 (S) RESOURCES
3/04/98 (S) RES AT 3:30 PM BUTROVICH ROOM 205
3/04/98 (S) MINUTE(RES)
3/05/98 (S) MINUTE(RLS)
3/05/98 2748 (S) RES RPT CS 4DP 2NR SAME TITLE
3/05/98 2748 (S) DP: HALFORD, TAYLOR, LINCOLN, LEMAN
3/05/98 2748 (S) NR: SHARP, GREEN
3/05/98 2748 (S) ZERO FISCAL NOTE TO SJR & CS (S.RES)
3/09/98 2791 (S) RULES TO CALENDAR 3/9/98
3/09/98 2793 (S) READ THE SECOND TIME
3/09/98 2793 (S) RES CS ADOPTED UNAN CONSENT
3/09/98 2793 (S) ADVANCED TO THIRD READING UNAN
CONSENT
3/09/98 2793 (S) READ THE THIRD TIME CSSJR 40(RES)
3/09/98 2793 (S) COSPONSOR(S): HOFFMAN, LINCOLN,
TAYLOR
3/09/98 2793 (S) MACKIE, WARD
3/09/98 2794 (S) PASSED Y19 N- E1
3/09/98 2795 (S) TRANSMITTED TO (H)
3/11/98 2588 (H) READ THE FIRST TIME - REFERRAL(S)
3/11/98 2588 (H) FISHERIES, RESOURCES
3/25/98 (H) FSH AT 5:00 PM CAPITOL 124
3/25/98 (H) MINUTE(FSH)
3/26/98 2750 (H) FSH RPT 3DP
3/26/98 2750 (H) DP: OGAN, IVAN, AUSTERMAN
3/26/98 2751 (H) SENATE ZERO FISCAL NOTE (S.RES)
3/5/98
3/30/98 2802 (H) CROSS SPONSOR(S): HUDSON
4/23/98 (H) RES AT 1:00 PM CAPITOL 124
BILL: SB 330
SHORT TITLE: LOCATING UNDERGROUND FACILITIES
SPONSOR(S): LABOR & COMMERCE
Jrn-Date Jrn-Page Action
2/24/98 2631 (S) READ THE FIRST TIME - REFERRAL(S)
2/24/98 2631 (S) L&C, RES
3/12/98 (S) L&C AT 1:30 PM FAHRENKAMP RM 203
3/12/98 (S) MINUTE(L&C)
3/23/98 2945 (S) L&C RPT CS 2DP 1NR SAME TITLE
3/23/98 2945 (S) DP: LEMAN, HOFFMAN NR: MACKIE
3/23/98 2945 (S) ZERO FISCAL NOTE TO SB & CS (S.L&C)
3/30/98 (S) RES AT 3:30 PM BUTROVICH ROOM 205
4/07/98 3178 (S) RES RPT CS 1DP 3NR NEW TITLE
4/07/98 3178 (S) DP: LEMAN; NR: HALFORD, SHARP, GREEN
4/07/98 3178 (S) PREVIOUS ZERO FN APPLIES (S.L&C)
4/08/98 (S) RLS AT 11:20 AM FAHRENKAMP RM 203
4/08/98 (S) MINUTE(RLS)
4/08/98 3197 (S) ZERO FISCAL NOTE TO CS (DCED)
4/14/98 3242 (S) RULES TO CALENDAR 4/14/98
4/14/98 3243 (S) READ THE SECOND TIME
4/14/98 3244 (S) RES CS ADOPTED UNAN CONSENT
4/14/98 3244 (S) ADVANCED TO THIRD READING UNAN
CONSENT
4/14/98 3244 (S) READ THE THIRD TIME CSSB 330(RES)
4/14/98 3244 (S) PASSED Y16 N- E4
4/14/98 3248 (S) TRANSMITTED TO (H)
4/15/98 2979 (H) READ THE FIRST TIME - REFERRAL(S)
4/15/98 2979 (H) RESOURCES, LABOR & COMMERCE
4/23/98 (H) RES AT 1:00 PM CAPITOL 124
BILL: SB 262
SHORT TITLE: MANAGEMENT OF HUNTING
SPONSOR(S): SENATOR(S) TAYLOR
Jrn-Date Jrn-Page Action
1/27/98 2318 (S) READ THE FIRST TIME - REFERRAL(S)
1/27/98 2318 (S) RESOURCES
2/23/98 (S) RES AT 3:30 PM BUTROVICH ROOM 205
2/23/98 (S) MINUTE(RES)
3/23/98 (S) RES AT 3:30 PM BUTROVICH ROOM 205
3/23/98 (S) MINUTE(RES)
3/24/98 (S) RLS AT 11:45 AM FAHRENKAMP RM 203
3/24/98 (S) MINUTE(RLS)
3/24/98 2969 (S) RES RPT CS 5DP 1DNP NEW TITLE
3/24/98 2970 (S) DP: HALFORD, TAYLOR, SHARP, GREEN,
3/24/98 2970 (S) TORGERSON; DNP: LINCOLN
3/24/98 2970 (S) ZERO FISCAL NOTE TO SB & CS (F&G)
4/01/98 3092 (S) RULES TO CALENDAR 4/1/98
4/01/98 3092 (S) READ THE SECOND TIME
4/01/98 3093 (S) RES CS ADOPTED UNAN CONSENT
4/01/98 3093 (S) ADVANCED TO THIRD READING UNAN
CONSENT
4/01/98 3093 (S) READ THE THIRD TIME CSSB 262(RES)
4/01/98 3093 (S) PASSED Y14 N6
4/01/98 3093 (S) ELLIS NOTICE OF RECONSIDERATION
4/02/98 3117 (S) RECONSIDERATION NOT TAKEN UP
4/02/98 3117 (S) TRANSMITTED TO (H)
4/03/98 2865 (H) READ THE FIRST TIME - REFERRAL(S)
4/03/98 2865 (H) RESOURCES, FINANCE
4/14/98 (H) RES AT 5:00 PM CAPITOL 124
4/14/98 (H) MINUTE(RES)
4/23/98 (H) RES AT 1:00 PM CAPITOL 124
WITNESS REGISTER
ROBERT PEARSON, Intern
for Senator Loren Leman
Alaska State Legislature
Capitol Building, Room 113
Juneau, Alaska 99801
Telephone: (907) 465-2095
POSITION STATEMENT: Presented sponsor statement for SJR 40 and SB
330.
JAMES ROWE, Director
Alaska Telephone Association
201 East 56th Avenue, Suite 114
Anchorage, Alaska 99518
Telephone: (907) 563-4000
POSITION STATEMENT: Provided testimony on SB 330.
SENATOR LOREN LEMAN
Alaska State Legislature
Capitol Building, Room 113
Juneau, Alaska 99801
Telephone: (907) 465-2095
POSITION STATEMENT: Sponsor of SB 330.
BRUCE BAKER
P.O. Box 211384
Auke Bay, Alaska 99821
Telephone: (Not provided)
POSITION STATEMENT: Provided testimony on SB 262.
DICK BISHOP, Vice President
Alaska Outdoor Council
P.O. Box 73902
Fairbanks, Alaska 99707
Telephone: (907) 455-4262
POSITION STATEMENT: Provided testimony on SB 262.
ACTION NARRATIVE
TAPE 98-50, SIDE A
Number 001
CO-CHAIRMAN BILL HUDSON called the House Resources Standing
Committee meeting to order at 2:30 p.m. Members present at the
call to order were Representatives Hudson, Dyson, Williams, Barnes,
Masek and Ogan. Representative Nicholia arrived at 2:46 p.m.
Representative Joule arrived some time after the meeting was called
to order.
CSSJR 40(RES) - FISHERIES MANAGEMENT FEE
CO-CHAIRMAN HUDSON announced the first order of business was CS for
SJR 40(RES), Relating to the fisheries management fee proposed by
President Clinton.
CO-CHAIRMAN HUDSON called on Robert Pearson, intern for Senator
Loren Leman, sponsor of the resolution.
Number 022
ROBERT PEARSON, Intern for Senator Loren Leman, Alaska State
Legislature, read the following sponsor statement:
"Senate Joint Resolution 40 expresses the legislature's opposition
to a proposed fisheries management fee included in President
Clinton's Fiscal Year 1999 budget. The fee is designed to fund the
management and enforcement activities of the National Marine
Fisheries Service, under the National Oceanic and Atmospheric
Administration (NOAA).
"The fee would be derived from a tax of up to 1 percent on the ex-
vessel value of all fish harvested by commercial fishermen.
Because Alaska has the most profitable fisheries in the country,
state fishermen would pay the largest share of the $20 million in
annual revenues the tax is expected to generate nationwide.
"Alaska's fishermen would receive no new benefits or services from
the new tax. The new revenues would simply free up the $20 million
already budgeted for management and enforcement services and enable
these monies to be spent on new spending projects in President
Clinton's budget.
"Commercial fishermen and seafood processors do not need another
tax, especially one that produces no new quantified benefits. In
addition to paying all the normal payroll and business taxes,
commercial fishermen and seafood processors are burdened with
several other taxes and user fees, including a raw fish tax, marine
fuel tax, licensing fees, fishery landing tax, salmon enhancement
tax, seafood marketing tax, and seafood marketing assessment.
"The new tax may also pose a disproportionate burden for fishermen
who operate only in state-managed waters extending three miles from
shore, and who therefore derive little benefit from NOAA's
management services in offshore fisheries. President Clinton's
budget does not specify whether the tax would apply to only those
fish caught in federally-managed water, or whether it would extend
to all fish, regardless of management zone. This critical decision
is left to the discretion of the Secretary of Commerce. However,
lower-level employees at the National Marine Fisheries Service have
expressed the view that all fishermen benefit from the federal
government's management of the resource, regardless of the zone in
which the fish are harvested. Following this logic, it appears
likely the fee would be made to apply to all fish caught in waters
around Alaska.
"The fish tax would undermine the economic competitiveness of
Alaska's seafood industry, which is the largest source of private
sector jobs in the state. SJR 40 urges the Governor and Alaska's
congressional delegation to work to ensure the tax is not included
in the Fiscal Year 1999 federal budget."
Number 092
REPRESENTATIVE FRED DYSON declared a conflict of interest. He
tries to make a living fishing, and tries to make all of it very
close to shore in less than six to seven feet of water. Senator
Leman is right on the mark.
REPRESENTATIVE RAMONA BARNES objected.
CO-CHAIRMAN HUDSON announced the arrival of Representative Reggie
Joule.
Number 100
CO-CHAIRMAN HUDSON stated that he strongly supports the resolution.
It is a disproportionate tax from the federal government with
little or no benefit back to Alaskans. "Just because we may be way
up in the north, but we're not dumb," he declared.
REPRESENTATIVE BARNES made a motion and asked unanimous consent to
move CS for SJR 40(RES) out of the committee with individual
recommendations and the attached zero fiscal note. There being no
objection, CSSJR 40(RES) moved out of the House Resources Standing
Committee.
CSSB 330(RES) - LOCATING UNDERGROUND FACILITIES
CO-CHAIRMAN SCOTT OGAN announced the next order of business was CS
for SB 330(RES), "An Act relating to locations of underground
facilities and excavations in the area of underground facilities."
CO-CHAIRMAN OGAN called on Robert Pearson, Intern for Senator Loren
Leman, sponsor of the bill.
Number 132
ROBERT PEARSON, Intern for Senator Loren Leman, Alaska State
Legislature, read the following sponsor statement:
"Senate Bill 330 was introduced at the request of the Alaska
Telephone Association to provide an understanding of the standards
and responsibilities for locating and excavating underground
facilities throughout the state for utilities and contractors.
"Senate Bill 330 amends AS 42.30 to set out responsibilities for
excavators, construction project owners, and underground facility
owners when a locate is requested. It provides for a penalty if an
excavator intentionally damages a located underground facility.
"Although the Alaska Public Utilities Commission has the authority
to create locate standards, it has been a low-priority item due to
the commission's workload. Currently, there are some national
standards related to the issue of locating and uncovering
underground utilities, but nothing as comprehensive as SB 330."
Number 166
CO-CHAIRMAN OGAN asked Mr. Pearson why the legislature should pass
a more comprehensive locate law and burden contractors with more
regulations, laws, and higher liabilities.
Number 172
MR. PEARSON replied he is not qualified to comment on some of those
issues. But, at one time he used to dig holes in Nevada where
there was a locate system easy to use and accidents didn't happen.
A statewide system, in general, is a good idea.
CO-CHAIRMAN OGAN announced that Representative Reggie Joule joined
the meeting awhile back.
Number 193
JAMES ROWE, Director, Alaska Telephone Association (ATA), testified
in Juneau. Currently, Alaska does not have any state utility
locate standards when business efficiency, uninterrupted service,
and public safety would all benefit by it. In the later part of
1996, the Alaska Telephone Association started working on standards
for the state. The association sent drafts to the National Utility
Locating Contractors Association, Locate Call Center of Alaska,
Municipal Light & Power (ML&P), Anchorage Area Utility Association,
ENSTAR, Alaska Building Contractors, Associated General Contractors
of Alaska, and Anchorage Home Builders Association for comments.
The bill before the committee members is not a telephone bill. It
is a fair bill in the best interest of the public for timely
locates, knowing who is responsible for the locates, and knowing
who is responsible for maintaining the locates. In addition, the
issue of statewide difference has been addressed in working with
Senator Leman. He appreciates Senator Leman and his work on the
bill. It is a long way from ATA's original version. It benefits
the industry - contractors and excavators alike.
MR. ROWE further stated he sees a benefit to the small contractor
because he would have to be addressed in as timely a manner as the
largest contractor. In the remote areas, more time has been given
to get out and do locates. A business man with a utility or
private contractor could plan ahead with efficiency. More and more
entities will be putting underground facilities out there so it is
ever more important for standards.
CO-CHAIRMAN OGAN stated for the record he used to locate telephone
cables in Florida. He is aware of the damages it can cause. He
asked Mr. Rowe what were the comments from the Anchorage Home
Builders Association.
MR. ROWE replied he doesn't remember. He explained, at one time,
there were treble damages in the bill for intentional damage to
underground facilities.
CO-CHAIRMAN OGAN stated he is concerned being a small businessman
and contractor himself about the burden of regulations. It is a
discouragement. In fact, he got into politics because he was tired
of all the government regulations and laws that detracted him from
producing something. He is just looking out for the little
contractor. A contractor is legally responsible if he damages a
line - a good enough motivation to locate. The contractors that
don't are probably not bonded anyway. In addition, his friends in
rural Alaska aren't going to read the statute books before digging
something. It works great for Anchorage and some of the other
bigger cities and areas.
MR. ROWE appreciated the comments made by Co-Chairman Ogan. He
worked for an electric company for awhile and recalls it would have
been nice for good locates.
Number 341
REPRESENTATIVE REGGIE JOULE asked whether there are a lot of
underground utility services. He is mostly familiar with the
services that are above the ground.
MR. ROWE replied there are getting to be more and more. He
explained one of the greatest concerns came from Dillingham -
Nushagak Power and Telephone. They have had some real problems
identifying underground cables resulting in court proceedings.
REPRESENTATIVE JOULE asked Mr. Rowe whether there has been input
from rural utilities with regards to the issue, except for
Nushagak.
MR. ROWE explained the Alaska Telephone Association represents all
of the local telephone companies in the state with the exception of
Circle. GTE has also been very involved with this issue and it
serves a number of rural areas throughout the state. In fact, the
rural communities dominate the association.
Number 384
REPRESENTATIVE BEVERLY MASEK stated it is a good bill. Damages are
trying to be reduced underground as well as above the ground.
Number 396
REPRESENTATIVE MASEK made a motion to adopt Amendment 1. It reads
as follows:
TO: CSSB 330(RES)
Page 4, line 6:
Delete "; liability"
Page 4, lines 16 - 23:
Delete all material.
Reletter the following subsection accordingly.
Page 4, line 31:
Delete "civil actions"
Insert "injunctive relief"
Page 5, lines 8 - 14:
Delete all material.
Page 6, line 18:
Delete all material.
Renumber the following paragraphs accordingly.
Number 397
REPRESENTATIVE BARNES objected for discussion about the amendment.
UNIDENTIFIED SPEAKER stated deleting the word "liability" does not
hold any detriment to the bill.
CO-CHAIRMAN HUDSON explained it takes out the liability portion of
the bill.
REPRESENTATIVE NICHOLIA noted there still is a penalty section.
Number 432
SENATOR LOREN LEMAN, Alaska State Legislature, explained there was
at one time treble damages when an excavator intentionally damaged
or knew of an underground facility and damaged it. The Senate
Resources Committee expressed concern about the provision for the
small excavators and it was taken out leaving just liability
damages. It creates some problems because one is liable for his
actions anyway. It is almost superfluous. He talked with the bill
drafter, Terry Cramer, and asked her to remove his concerns from
the bill. Therefore, the amendment removes the (indisc. ) parts
and cleans up the bill.
Number 455
REPRESENTATIVE BARNES withdrew her objection. There being no
further objection, Amendment 1 was so adopted.
Number 459
REPRESENTATIVE MASEK made a motion and asked unanimous consent to
move CSSB 330(RES), as amended, out of the committee with
individual recommendations and the attached zero fiscal note(s).
There being no objection, HCS CSSB 330(RES) moved from the House
Resources Standing Committee.
CSSB 262(RES) - MANAGEMENT OF HUNTING
CO-CHAIRMAN OGAN announced the next order of business was CS for SB
262(RES), "An Act relating to regulation of hunting and trapping,
to the definition of 'sustained yield,' and to controlled use
areas."
Number 474
CO-CHAIRMAN OGAN explained there was discussion at the last meeting
about means of access that couldn't be restricted until there was
already damage. The changes are noted on page 2, lines 23 - 24.
It now reads as follows:
"Sec. 16.05.799. Regulation of hunting. (a) The Board
of Game and the department may not restrict the use of a
means of access for hunting game if that means of access
is a traditional means of access for hunting game for
consumptive use."
CO-CHAIRMAN OGAN further explained the word "has resulted" has been
changed to "could result" on page 2, line 28. The word "would
likely" has been changed to "would be unlikely" on page 2, line 30.
The changes make the language more proactive instead of waiting for
the game to be in bad shape.
CO-CHAIRMAN OGAN further explained the language has been changed on
page 3, lines 1 - 2, to read as follows:
"(2) has implemented active management measures that are
necessary to aid in the recovery of depressed game
populations in the area."
CO-CHAIRMAN OGAN further explained the Department of Fish and Game
testified about the language being too restrictive that it couldn't
restrict a method or means to take game. The language has been
clarified on page 2, lines 3 - 5, to read as follows:
"(b) The Board of Game or the department may not restrict
the use of a traditional means of access for hunting game
for the purpose of preferring or affecting the quality of
the outdoor experience of a person or group."
Number 512
REPRESENTATIVE BARNES made a motion and asked unanimous consent to
adopt the proposed committee substitute for SB 262, version 0-
LS1379\H, Utermohle, 4/23/98, for consideration. There being no
objection, it was so adopted.
Number 525
BRUCE BAKER testified in Juneau. There are six reasons why the
bill is not in the public's interest. It flies in the face of a
hundred years of progress and development of a conservation ethic
in this country by eliminating reference to the very word
"conservation" from two places in the current law. The insertion
of the word "biological management" in Section 1 raises questions
of its definition and the appropriate division of authority between
the Department of Fish and Game and the Board of Game. The wording
"has implemented" doesn't fit with the recent changes of "could
result" and "would be unlikely." The bill ignores the importance
of the quality of an outdoor experience disenfranchising Alaskans
and visitors who spend hundreds of millions of dollars to have a
quality outdoor experience. Section 3 makes this another "freeze-
the-moose" bill by suggesting that consumptive meat deserves to be
managed on a sustained yield basis when there are hundreds of
millions of dollars being spent on Alaska to experience the
mystique of the wilderness including the existence of wolves and
bears. He suggested modifying the bill to reflect the state
constitution that calls for a sustained yield for all resources.
Number 571
DICK BISHOP, Vice President, Alaska Outdoor Council (AOC),
testified in Juneau. The AOC appreciates the intent of the bill by
providing specific protections for harvest opportunities in
traditional accesses. The changes are appropriate. Biological
management is difficult to understand how it would be interpreted.
The regulation of hunting on page 2, lines 22 - 24 is overly
restrictive by saying "the department may not restrict." He
suggested including the language "the department may not prohibit."
The changes to the definition of sustained yield are appropriate.
It may help clarify the importance of higher levels of prey. The
discussion at the constitutional convention indicated that the
language "subject to preference among beneficial uses" derives from
a discussion on managing the enhancement of prey populations in
recognizing their importance.
Number 597
CO-CHAIRMAN OGAN recessed the House Resources Standing Committee to
the call of the chair at 3:09 p.m.
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