Legislature(2007 - 2008)

04/12/2008 12:39 PM House RLS


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12:39:16 PM Start
12:39:34 PM SB306
12:55:26 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
                 HOUSE RULES STANDING COMMITTEE                                                                               
                         April 12, 2008                                                                                         
                           12:39 p.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative John Coghill, Chair                                                                                              
Representative John Harris                                                                                                      
Representative Anna Fairclough                                                                                                  
Representative Craig Johnson                                                                                                    
Representative Ralph Samuels                                                                                                    
Representative Beth Kerttula                                                                                                    
Representative David Guttenberg                                                                                                 
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 306                                                                                                             
"An Act relating to the adoption of conservation, development,                                                                  
and utilization regulations by the Board of Game to address                                                                     
concerns relating to public assets."                                                                                            
                                                                                                                                
     - MOVED SB 306 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 306                                                                                                                  
SHORT TITLE: BOARD OF GAME REGULATIONS                                                                                          
SPONSOR(s): RESOURCES                                                                                                           
                                                                                                                                
03/21/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/21/08       (S)       RES                                                                                                    
03/24/08       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
03/24/08       (S)       Scheduled But Not Heard                                                                                
04/11/08       (S)       RES RPT   2DP 2NR                                                                                      
04/11/08       (S)       DP: HUGGINS, GREEN                                                                                     
04/11/08       (S)       NR: STEDMAN, STEVENS                                                                                   
04/11/08       (S)       TRANSMITTED TO (H)                                                                                     
04/11/08       (S)       VERSION: SB 306                                                                                        
04/11/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/11/08       (H)       RLS                                                                                                    
04/11/08       (S)       RES AT 8:30 AM BUTROVICH 205                                                                           
04/11/08       (S)       Moved  SB 306 Out of Committee                                                                         
04/11/08       (S)       MINUTE(RES)                                                                                            
04/12/08       (H)       RLS AT 10:30 AM CAPITOL 120                                                                            
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE WES KELLER                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Spoke as  the sponsor  of HB 348,  which is                                                             
the companion to SB 306.                                                                                                        
                                                                                                                                
KEVIN SAXBY, Senior Assistant Attorney General                                                                                  
Natural Resources Section                                                                                                       
Civil Division (Anchorage)                                                                                                      
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     During  hearing  of   SB  306,  answered                                                             
questions.                                                                                                                      
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
                                                                                                                                
CHAIR  JOHN COGHILL  called the  House  Rules Standing  Committee                                                             
meeting  to  order  at 12:39:16  PM.    Representatives  Coghill,                                                             
Harris,  Fairclough, Johnson,  Samuels, Kerttula,  and Guttenberg                                                               
were present at the call to order.                                                                                              
                                                                                                                                
SB 306-BOARD OF GAME REGULATIONS                                                                                              
                                                                                                                                
12:39:34 PM                                                                                                                   
                                                                                                                                
CHAIR COGHILL announced that the  only order of business would be                                                               
SENATE  BILL  NO.  306,  "An  Act relating  to  the  adoption  of                                                               
conservation,  development, and  utilization  regulations by  the                                                               
Board of Game to address concerns relating to public assets."                                                                   
                                                                                                                                
12:40:10 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE WES KELLER, Alaska  State Legislature, speaking as                                                               
the sponsor  of HB 348,  which is the  companion to SB  306, said                                                               
that SB  306 is  a game management  policy statement  that Alaska                                                               
intends to  manage its own game.   He explained that  HB 348, the                                                               
companion  legislation, was  pulled  back due  to questions  from                                                               
rural areas  regarding the existing  subsistence preference.   He                                                               
noted  that  there is  letter  from  the Association  of  Village                                                               
Council  Presidents, which  now endorses  the legislation.   With                                                               
regard to  the charge that  the intent  of SB 306  [infringes] on                                                               
voter  rights, Representative  Keller  said that  SB 306  doesn't                                                               
restrict  voter  rights.    In  fact,  it's  impossible  for  the                                                               
legislation  to restrict  voter rights  because the  constitution                                                               
specifies that the  citizens are the only entity  that can change                                                               
the   constitution,  the   initiative  process,   and  what   the                                                               
initiative does.  He clarified then  that the intent of SB 306 is                                                               
to pull in common law and  codify the Supreme Court decision such                                                               
that game is managed  as an asset just as fish  is.  The proposed                                                               
legislation sets  policy for management of  game and incorporates                                                               
common   law  and   constitutional  concepts   into  law.     The                                                               
legislation makes  an overarching  policy statement on  the Board                                                               
of Game  that clarifies that  management should be  for abundance                                                               
of the resource.   Without such a statement, there  is a tendency                                                               
for the Board  of Game to manage people and  disputes between the                                                               
beneficial uses.   Representative Keller then opined  that HB 348                                                               
might prevent some abuses of  the initiative process.  He pointed                                                               
out  that Article  11 clearly  states that  the executive  branch                                                               
determines whether  a specific initiative  is valid and  then the                                                               
initiative is open  to judicial review.   Therefore, he suggested                                                               
that it's a good thing  for the legislature's policy statement to                                                               
guide  the   administration.     He  noted   that  Representative                                                               
Gruenberg wants  to include intent language  specifying that this                                                               
legislation    doesn't    intend     on    restricting    voting.                                                               
Representative  Keller concluded  by encouraging  support for  SB
306.                                                                                                                            
                                                                                                                                
12:46:14 PM                                                                                                                   
                                                                                                                                
CHAIR  COGHILL informed  the committee  that AS  16.05.255, which                                                               
this  legislation  amends,  addresses Board  of  Game  regulation                                                               
requirements.   This  legislation inserts  a new  subsection (k),                                                               
which the Board of Game will  have to consider each time it seeks                                                               
to adopt regulations.                                                                                                           
                                                                                                                                
12:46:53 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GUTTENBERG inquired as  to changes in the behavior                                                               
of the  Board of  Game Representative  Keller would  foresee with                                                               
the passage of SB 306.                                                                                                          
                                                                                                                                
REPRESENTATIVE KELLER  opined that  because of  the clarification                                                               
[provided  in the  legislation]  there would  be less  confusion.                                                               
Representative  Keller  highlighted  that  the  language  is  the                                                               
product  of  Kevin Saxby,  Department  of  Law, and  Brian  Kane,                                                               
Legislative Legal and Research Services.                                                                                        
                                                                                                                                
12:47:50 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KERTTULA  inquired  as  to the  Board  of  Game's                                                               
response to this legislation.                                                                                                   
                                                                                                                                
REPRESENTATIVE  KELLER  said  that  he  has  received  resounding                                                               
support for  [this legislation] and hasn't  received any negative                                                               
[comments] from  anyone who identified him/herself  as affiliated                                                               
with the  Board of Game.   In further response  to Representative                                                               
Kerttula, Representative Keller specified  that there has been no                                                               
formal response from the Board of Game.                                                                                         
                                                                                                                                
12:49:07 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KERTTULA,  referring to  the Pullen  case, related                                                             
her understanding  that the court  goes through an  analysis that                                                               
specifies  wildlife  is an  asset  that  can be  appropriated  by                                                               
initiative.     Therefore,   she  questioned   whether  [SB   306                                                               
specifies]  something that  the  Board of  Game  already has  the                                                               
authority to  do; if that's  the case,  why is SB  306 necessary,                                                               
she inquired.                                                                                                                   
                                                                                                                                
12:50:01 PM                                                                                                                   
                                                                                                                                
KEVIN   SAXBY,  Senior   Assistant   Attorney  General,   Natural                                                               
Resources  Section,  Civil  Division (Anchorage),  Department  of                                                               
Law,  related his  agreement  with  Representative Kerttula  that                                                               
it's already established  law that game is an asset.   The Pullen                                                             
case specified that fish is an  asset, and thus there's no reason                                                               
that  game  would  be  treated differently.    The  question  the                                                               
lieutenant governor has to face  is whether a given initiative is                                                               
an appropriation  of that  asset.  The  proposed language  [in SB
306]  has  been   designed  to  provide  a   statement  from  the                                                               
legislature  that when  the Board  of Game  is acting  within its                                                               
conservation  and  development  authority  it  is  allocating  or                                                               
appropriating game.                                                                                                             
                                                                                                                                
12:50:49 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KERTTULA surmised then  that the legislation isn't                                                               
speaking to the  initiative process at all,  and this legislation                                                               
isn't going to change the constitutional analysis.                                                                              
                                                                                                                                
MR.  SAXBY replied  yes, [the  legislation] is  a statement  from                                                               
another  branch  of  government that  the  sponsor  believes  the                                                               
Supreme  Court,  as it's  making  its  analysis, will  take  into                                                               
serious consideration the  nature of the activities  the Board of                                                               
Game is taking when it's regulating.                                                                                            
                                                                                                                                
12:51:20 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KERTTULA  surmised  that this  legislation  isn't                                                               
changing  the constitution  or the  ruling  that initiatives  are                                                               
appropriations or not appropriations.                                                                                           
                                                                                                                                
MR. SAXBY confirmed that to be the case.                                                                                        
                                                                                                                                
CHAIR COGHILL noted  that sometimes he disagrees  with the courts                                                               
and  opined  that  the  courts  aren't  always  the  constitution                                                               
either.                                                                                                                         
                                                                                                                                
12:52:05 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KERTTULA, in  terms of  assets, asked  if SB  306                                                               
would  help [clarify]  that [the  Board  of Game]  would have  to                                                               
consider the panoply of ways in which wildlife can be valued.                                                                   
                                                                                                                                
MR.  SAXBY replied  yes,  adding that  the  legislation makes  it                                                               
clear that  wildlife is  important to the  people of  Alaska when                                                               
it's regulated and  almost anything [the legislature]  does is an                                                               
appropriation  or allocation  of  that asset,  whether  it be  an                                                               
allocation to tourism use or consumptive use.                                                                                   
                                                                                                                                
12:53:25 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KERTTULA  surmised   that  the  legislation  also                                                               
reiterates the  Common Use Clause  and the state's  commitment to                                                               
that.                                                                                                                           
                                                                                                                                
MR.  SAXBY stated  his agreement,  adding  that this  legislation                                                               
reinforces   constitutional  statements   that   the  court   has                                                               
essentially already  made, although  not explicitly  with respect                                                               
to game.                                                                                                                        
                                                                                                                                
12:53:48 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SAMUELS  related his  understanding then  that the                                                               
executive branch has already said that  game is an asset and this                                                               
legislation just confirms that as  the legislature's statement as                                                               
well.                                                                                                                           
                                                                                                                                
REPRESENTATIVE KELLER  noted his agreement, but  opined that it's                                                               
an even stronger statement.                                                                                                     
                                                                                                                                
12:54:54 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SAMUELS moved to report SB 306 out of committee                                                                  
with individual recommendations and the accompanying fiscal                                                                     
notes.  There being no objection, it was so ordered.                                                                            
                                                                                                                                
12:55:19 PM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Rules Standing Committee meeting was adjourned at 12:55:26 PM.                                                                

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