Legislature(1995 - 1996)
04/25/1995 09:37 AM House RES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE RESOURCES STANDING COMMITTEE
April 25, 1995
9:37 a.m.
MEMBERS PRESENT
Representative Joe Green, Co-Chairman
Representative Bill Williams, Co-Chairman
Representative Scott Ogan, Vice Chairman
Representative Alan Austerman
Representative John Davies
MEMBERS ABSENT
Representative Ramona Barnes
Representative Pete Kott
Representative Eileen MacLean
Representative Irene Nicholia
COMMITTEE CALENDAR
SB 147: "An Act relating to a municipal river habitat protection
tax credit."
HCSSB 147 PASSED OUT OF COMMITTEE
*HB 312: "An Act relating to subsistence use of fish and game."
HEARD AND HELD
(* First public hearing)
WITNESS REGISTER
SENATOR JOHN TORGERSON
Alaska State Legislature
State Capitol, Room 427
Juneau, AK 99801
Phone: 465-2828
POSITION STATEMENT: Prime Sponsor SB 147
KYLE PARKER, Legislative Assistant
Representative Gail Phillips
Alaska State Legislature
State Capitol, Room 208
Juneau, AK 99801
Phone: 465-2689
POSITION STATEMENT: Prime Sponsor HB 312
LIZA GAY, Attorney
63900 Cosmos Drive
Anchorage, AK 99517
Phone: 248-2533
POSITION STATEMENT: Answered questions regarding HB 312
GERON BRUCE, Legislative Liaison
Alaska Department of Fish and Game
P.O. Box 25526
Juneau, AK 99811-5526
Phone: 465-4100
POSITION STATEMENT: Opposed HB 312
JERRY MCCUNE, President
United Fishermen of Alaska
211 Fourth Street, Suite 112
Juneau, AK 99801
Phone: 465-2820
POSITION STATEMENT: Supported HB 312
PREVIOUS ACTION
BILL: SB 147
SHORT TITLE: MUNICIPAL RIVER HABITAT TAX CREDIT
SPONSOR(S): SENATOR(S) TORGERSON, Pearce, Leman, Kelly, Taylor,
Sharp, Salo
JRN-DATE JRN-PG ACTION
03/30/95 846 (S) READ THE FIRST TIME - REFERRAL(S)
03/30/95 846 (S) RESOURCES
04/07/95 (S) RES AT 03:30 PM BUTROVICH ROOM 205
04/07/95 (S) MINUTE(RES)
04/10/95 954 (S) RES RPT 4DP 2NR
04/10/95 954 (S) ZERO FISCAL NOTES (DCRA, F&G)
04/11/95 (S) RLS AT 12:00 PM FAHRENKAMP RM 203
04/11/95 (S) MINUTE(RLS)
04/12/95 997 (S) RULES TO CALENDAR 4/12/95
04/12/95 1001 (S) READ THE SECOND TIME
04/12/95 1002 (S) ADVANCED TO THIRD READING UNAN
CONSENT
04/12/95 1002 (S) READ THE THIRD TIME SB 147
04/12/95 1002 (S) COSPONSOR(S): PEARCE,LEMAN,KELLY,
04/12/95 1002 (S) TAYLOR, SHARP, SALO
04/12/95 1002 (S) PASSED Y20 N-
04/12/95 1016 (S) TRANSMITTED TO (H)
04/13/95 1314 (H) READ THE FIRST TIME - REFERRAL(S)
04/13/95 1314 (H) RESOURCES
04/25/95 (H) RES AT 08:00 AM CAPITOL 124
BILL: HB 312
SHORT TITLE: EXTEND CURRENT SUBSISTENCE LAW
SPONSOR(S): REPRESENTATIVE(S) PHILLIPS,Toohey
JRN-DATE JRN-PG ACTION
04/19/95 1366 (H) READ THE FIRST TIME - REFERRAL(S)
04/19/95 1367 (H) RESOURCES
04/25/95 (H) RES AT 08:00 AM CAPITOL 124
ACTION NARRATIVE
TAPE 95-55, SIDE A
Number 000
The House Resources Committee was called to order by Co-Chairman
Joe Green at 9:37 a.m. Members present at the call to order were
Representatives Green, Williams, Ogan, Austerman, and Davies.
Members absent were Representatives Barnes, Kott, MacLean, and
Nicholia.
SB 147 - MUNICIPAL RIVER HABITAT TAX CREDIT
CO-CHAIRMAN JOE GREEN reminded committee members they had heard and
passed the house version of SB 147, HB 279 earlier with an
amendment. He noted that amendment is not objectionable to the
sponsor.
REPRESENTATIVE JOHN TORGERSON, PRIME SPONSOR, said SB 147 reflects
a lot of the tax credits and habitat protection upon the Kenai
River. He stated he does not have an objection to the amendment
which was added to HB 279.
REPRESENTATIVE JOHN DAVIES made a MOTION to AMEND SB 147 on page 2,
line 15, delete "scope of the protection or restoration that would
be achieved by the improvements." and insert, "percentage of the
total protection or restoration that could be achieved by ideal
improvement measures."
CO-CHAIRMAN GREEN asked if there were any objections. Hearing
none, the MOTION PASSED.
CO-CHAIRMAN WILLIAMS made a MOTION to MOVE HCSSB 147(RES), with
attached zero fiscal note, out of committee with individual
recommendations.
CO-CHAIRMAN GREEN asked if there were any objections. Hearing
none, the MOTION PASSED.
HB 312 - EXTEND CURRENT SUBSISTENCE LAW
Number 132
KYLE PARKER, LEGISLATIVE ASSISTANT, SPEAKER GAIL PHILLIPS, PRIME
SPONSOR, told committee members Liza Gay was available on line. He
said she is the former Assistant Attorney General and headed the
Natural Resources Section in the Anchorage office up until about
two years ago. Ms. Gay has been contracted by the legislature to
work on the subsistence issue. He stated Ms. Gay is very
knowledgeable in state subsistence law.
MR. PARKER said the 1992 state subsistence law is set to sunset in
October 1995. HB 312 repeals the sunset clauses of that 1992 law,
thereby extending the 1992 law indefinitely.
LIZA GAY, ATTORNEY, said the sponsor statement before the committee
explains the reasons why HB 312 is a good bill to pass. HB 312
keeps the 1992 law intact rather than reverting back to the 1986
law. She stated even though the two are similar, there are many
advantages in the 1992 law. She pointed out HB 312 provides that
the existing language the legislature worked out in 1992 remain in
place. She told committee members the sponsor statement explains
why the 1992 law is an improvement over the 1986 law in terms of
definitions.
REPRESENTATIVE DAVIES stated he is puzzled as to how HB 312
preserves the 1992 law. He said in Section 1 of HB 312, it says
Section 3, special session law 1992 is repealed. When looking at
special session law 1992, Section 3 is a repeal and reenactment.
He felt if there is a repeal of a repeal and reenactment, the
amendment is being eliminated and the 1986 law is being preserved.
MS. GAY said HB 312 was drafted by the Legislative Affairs
attorneys and the repeal of Section 3 takes away the 1986 law.
REPRESENTATIVE DAVIES disagreed. He said Section 3 in special
session law 1992 repeals the 1986 law and reenacts it to read
differently. He stated Section 3 of special session law 1992 was
an amendment to the existing statute AS 16.05.258 and if the
amendment is being repealed before the effective date of the
amendment, then the amendment is eliminated and the 1986 law
remains.
MS. GAY said that was not her understanding. She stated HB 312
takes away the reversion to the 1986 law.
REPRESENTATIVE DAVIES said he checked with Legislative Affairs
Legal Services and they concur with his interpretation.
MS. GAY reiterated Legislative Affairs Legal Services drafted HB
312.
REPRESENTATIVE DAVIES repeated HB 312 is repealing an amendment
before the effective date of the amendment and therefore, the
amendment does not have an effect. He stressed if the amendment
does not have an effect, the 1986 law stands.
Number 245
MR. PARKER stated Section 2 of the 1992 law is the 1992 law.
Section 3 is the 1986 law. He pointed out Section 12 of that law
says "Sections 3 and 5 of this Act take effect October 1, 1995."
He said in Section 3, the state would be reverting back to the 1986
law, as amended, to replace the 1992 law which sunsets in October
1995. He pointed out Representative Davies was correct in saying
that the 1986 law was changed in Section 3. However, the intent
was that Section 2 remain in effect but in the event Section 2
sunsetted in October 1995, the state would go back to the 1986 law
by Section 12 of the 1992 law.
CO-CHAIRMAN WILLIAMS asked why the effective date of October 1,
1995, was put in Section 12.
MR. PARKER said that was the sunset date to ensure the provisions
of the 1986 law would come back into effect.
CO-CHAIRMAN WILLIAMS clarified HB 312 extends the existing
situation indefinitely.
MR. PARKER replied the extension in HB 312 will extend the 1992 law
indefinitely.
Number 293
GERON BRUCE, LEGISLATIVE LIAISON, ALASKA DEPARTMENT OF FISH AND
GAME (ADF&G), said the Governor has asked the Lieutenant Governor
to take the lead in trying to bring together the various parties
who are in dispute about subsistence in the state. He noted the
Lieutenant Governor will be working on the issue over the summer
and next winter and hopefully will come up with a solution to the
subsistence issue which will last and be satisfactory to most
Alaskans. He stated the Governor is willing to support a one-year
extension of the status quo while that process is ongoing.
MR. BRUCE pointed out HB 312 is not simply an extension of the
status quo and for that reason, the Governor cannot support it. He
stated the 1992 law struck a balance of terror by adopting a new
subsistence law during the 1992 special session but leaving on the
books, in obeyance, the 1986 law and said there would be a review
of the 1992 law in 1995, a report would be issued and there would
be an examination of the performance under the 1992 law to
determine if that law was an improvement over the 1986 law. He
explained if the 1992 law was not considered to be an improvement,
then the 1986 law would come back on the books.
MR. BRUCE said HB 312 removes the 1986 law and the sunsetting
provision. Therefore, HB 312 essentially undermines the crafted
mechanism to keep pressure upon people to come up with a lasting
solution. He stated the Administration is willing to work with the
sponsors of this legislation to come up with a vehicle that will
extend the status quo for one year while an attempt to find a
permanent solution to the subsistence issue is ongoing.
REPRESENTATIVE DAVIES asked what the key differences are between
the 1986 and 1992 laws.
MR. BRUCE replied the 1986 law contains the rural priority for
subsistence use. He said the 1992 law established a mechanism to
put together nonsubsistence areas which were, in some people's
view, designed to be around the urban areas where subsistence was
not a part of the way of life of the people there. He explained
the 1986 law does not have nonsubsistence use areas in it. He
noted the nonsubsistence areas have been ruled by a lower court to
be unconstitutional and a decision from the Alaska Supreme Court is
being waited on.
MR. BRUCE added the steps the Boards of Fish and Game are required
to go through in order to make a determination on subsistence are
laid out in more detail in the 1992 law than they are in the 1986
law. He stated the other significant difference between the 1992
law and the 1986 law is the 1992 law has some definitions which the
1986 law lacks such as customary trade and customary and
traditional. He added there is a definition in the 1992 law for
reasonable opportunity.
Number 383
JERRY MCCUNE, PRESIDENT, UNITED FISHERMEN OF ALASKA (UFA), said UFA
supports HB 312. He felt there is a need to extend the current
subsistence law because it has good definitions. He noted the
current law is not a total package but there is a need to extend it
until a determination on where the state is at with other rulings
is made and a consensus is developed.
REPRESENTATIVE DAVIES clarified UFA prefers the 1992 law over the
1986 law.
MR. MCCUNE said that was correct. He stated UFA prefers the 1992
law because of the definitions it contains and because there is a
need to see the rulings on the nonsubsistence areas.
CO-CHAIRMAN WILLIAMS announced HB 312 would be held until
Thursday's hearing at 4:00 p.m.
ADJOURNMENT
There being no further business to come before the House Resources
Committee, Co-Chairman Williams adjourned the meeting at 10:00 a.m.
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