Legislature(2017 - 2018)BELTZ 105 (TSBldg)

03/22/2017 01:30 PM JUDICIARY

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

Audio Topic
02:03:29 PM Start
02:04:00 PM SB60
02:43:08 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 69 MISCONDUCT INVOLVING WEAPONS 5TH DEGREE TELECONFERENCED
<Bill Hearing Canceled>
+ SB 60 FISH & GAME: OFFENSES;LICENSES;PENALTIES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 22, 2017                                                                                         
                           2:03 p.m.                                                                                            
                                                                                                                                
                                                                                                                              
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Coghill, Chair                                                                                                     
Senator Mia Costello                                                                                                            
Senator Kevin Meyer                                                                                                             
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Pete Kelly                                                                                                              
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 60                                                                                                              
"An  Act   relating  to  sport  fishing,   hunting,  or  trapping                                                               
licenses,  tags, or  permits; relating  to penalties  for certain                                                               
sport   fishing,  hunting,   and  trapping   license  violations;                                                               
relating  to  restrictions  on the  issuance  of  sport  fishing,                                                               
hunting, and trapping licenses;  creating violations and amending                                                               
fines  and  restitution  for  certain  fish  and  game  offenses;                                                               
creating  an exemption  from payment  of restitution  for certain                                                               
unlawful  takings of  big game  animals;  relating to  commercial                                                               
fishing  violations; allowing  lost federal  matching funds  from                                                               
the  Pittman  -  Robertson,  Dingell -  Johnson/Wallop  -  Breaux                                                               
programs  to be  included in  an order  of restitution;  adding a                                                               
definition of  'electronic form'; and providing  for an effective                                                               
date."                                                                                                                          
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  60                                                                                                                  
SHORT TITLE: FISH & GAME: OFFENSES;LICENSES;PENALTIES                                                                           
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/15/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/15/17       (S)       RES, JUD, FIN                                                                                          
02/27/17       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/27/17       (S)       Heard & Held                                                                                           
02/27/17       (S)       MINUTE(RES)                                                                                            
03/01/17       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
03/01/17       (S)       Moved  SB 60 Out of Committee                                                                          
03/01/17       (S)       MINUTE(RES)                                                                                            
03/03/17       (S)       RES RPT  2DP 3NR 2AM                                                                                   
03/03/17       (S)       DP: GIESSEL, VON IMHOF                                                                                 
03/03/17       (S)       NR: WIELECHOWSKI, HUGHES, MEYER                                                                        
03/03/17       (S)       AM: COGHILL, STEDMAN                                                                                   
03/22/17       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MAJOR BERNARD CHASTAIN, Deputy Director                                                                                         
Alaska Wildlife Troopers                                                                                                        
Department of Public Safety (DPS)                                                                                               
Anchorage, Alaska                                                                                                               
POSITION   STATEMENT:  Introduced   SB  60   on  behalf   of  the                                                             
administration.                                                                                                                 
                                                                                                                                
AARON PETERSON, Assistant Attorney General                                                                                      
Office of Special Prosecutions                                                                                                  
Criminal Division                                                                                                               
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions and  provided information                                                             
related to SB 60.                                                                                                               
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
2:03:29 PM                                                                                                                    
CHAIR  JOHN   COGHILL  called   the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 2:03  p.m. Present at the  call to                                                               
order  were Senators  Meyer,  Costello,  Wielechowski, and  Chair                                                               
Coghill.                                                                                                                        
                                                                                                                                
                                                                                                                                
        SB  60-FISH & GAME: OFFENSES;LICENSES;PENALTIES                                                                     
                                                                                                                                
2:04:00 PM                                                                                                                    
CHAIR COGHILL announced  the consideration of SB  60 and welcomed                                                               
Major Chastain to present the bill.                                                                                             
                                                                                                                                
2:04:41 PM                                                                                                                    
MAJOR   BERNARD  CHASTAIN,   Deputy  Director,   Alaska  Wildlife                                                               
Troopers,  Department of  Public Safety  (DPS), advised  that the                                                               
bill has  four primary points.  First, it allows  Alaska Wildlife                                                               
Troopers to  issue a correctable  citation for someone who  has a                                                               
valid hunting,  sport fishing  or trapping  license but  does not                                                               
have  it  in their  possession  when  they  are engaged  in  such                                                               
activity. Second,  it prohibits a  person from obtaining  a sport                                                               
fishing, hunting,  or trapping license  in Alaska if  their right                                                               
to engage in such activity has  been revoked or suspended in this                                                               
or any other  state. Third, it increases  restitution amounts for                                                               
unlawfully  taking   big  game   animals  and   increases  strict                                                               
liability commercial  fishing fines for first,  second, and third                                                               
offenses.  Fourth, it  creates  an option  of  charging Title  16                                                               
offenses as  a violation  or a  misdemeanor and  standardizes the                                                               
penalties in Title 16.                                                                                                          
                                                                                                                                
2:06:39 PM                                                                                                                    
MAJOR CHASTAIN provided  a sectional analysis for  SB 60 speaking                                                               
to the following prepared document:                                                                                             
                                                                                                                                
     Section  1  This  section  amends  AS  16.05.330(a)  to                                                                  
     include  "permit" in  addition to  "license" and  "tag"                                                                    
     for  purposes   of  clarifying  the  proper   types  of                                                                    
     documentation  a  person  must  have  in  their  actual                                                                    
     possession  when engaging  in  certain activities,  and                                                                    
     reorders   the  activities   of  "trapping"   and  "fur                                                                    
     dealing"   to  exclude   the   latter   from  being   a                                                                    
     correctable citation.                                                                                                      
                                                                                                                                
     Under AS 16.05.330, a person  engaged in the activities                                                                    
     listed  in  1-5 in  section  one,  must have  in  their                                                                    
     actual possession  a license, tag or  permit to legally                                                                    
     engage  in that  activity.  Section  one re-orders  the                                                                    
     activities into  two separate categories;  1 and  2 are                                                                    
     considered  sport  activities  and   3,  4  and  5  are                                                                    
     considered commercial activities.  The purpose for this                                                                    
     is contained in section three of this bill.                                                                                
                                                                                                                                
     Section 2  This section amends AS  16.05.330(d) to make                                                                  
     it unlawful  for a  person to  obtain a  sport fishing,                                                                    
     hunting, or trapping license if  the person's rights to                                                                    
     engage in  those activities is revoked  or suspended in                                                                    
     Alaska.                                                                                                                    
                                                                                                                                
     Section 3  This section  amends AS 16.05.330  by adding                                                                  
     three subsections:                                                                                                         
                                                                                                                                
     (f)  Provides that  a person  charged  with failing  to                                                                    
     have   the  appropriate   sport  fishing,   hunting  or                                                                    
     trapping license in their actual  possession may not be                                                                    
     convicted if  the person produces a  license previously                                                                    
     issued to the person that was  valid at the time of the                                                                    
     offense not  later than 30  days after the  issuance of                                                                    
     the citation.                                                                                                              
                                                                                                                                
     (g) Allows  that a license  or permit may be  in actual                                                                    
     possession in paper or electronic form.                                                                                    
                                                                                                                                
     (h) The third subsection  specifically states any peace                                                                    
     officer presented with an  electronic device under this                                                                    
     section shall  be immune  from any  liability resulting                                                                    
     from damage to the device.                                                                                                 
                                                                                                                                
CHAIR COGHILL asked if there would be recourse if the officer                                                                   
was a bad actor and dropped the device in the water.                                                                            
                                                                                                                                
MAJOR CHASTAIN replied he would think it could certainly be                                                                     
reviewed.                                                                                                                       
                                                                                                                                
     Section 4  Under AS 16.05.430 fish  and game penalties,                                                                  
     this section  removes the specific fines  and penalties                                                                    
     associated   with  an   unclassified  misdemeanor   and                                                                    
     replaces  it with  a  class  A misdemeanor  established                                                                    
     under AS 12.55.                                                                                                            
                                                                                                                                
     Section   4   specifically  exempts   the   correctable                                                                    
     citation  section   16.05.330(f)  from   the  penalties                                                                    
     portion of  the statute. Additionally, it  aligns other                                                                    
     areas of  Title 16  and appropriately makes  the crimes                                                                    
     listed a class A misdemeanor.                                                                                              
                                                                                                                                
2:13:34 PM                                                                                                                    
     Section 5  Related to  section 4,  this section  adds a                                                                  
     new subsection  and creates the ability  to charge some                                                                    
     offenses as violations that  are currently only allowed                                                                    
     to be  charged as  misdemeanors. It also  addresses the                                                                    
     Pittman-Robertson  Act  and  federal  matching  dollars                                                                    
     lost  by  the  State  of   Alaska  when  the  state  is                                                                    
     defrauded  by a  defendant  who does  not purchase  the                                                                    
     proper  license  and/or  tag  as  required  by  law  to                                                                    
     participate in a given hunt or fishery.                                                                                    
                                                                                                                                
CHAIR COGHILL commented on the benefit of providing latitude to                                                                 
charge an offense as a violation.                                                                                               
                                                                                                                                
MAJOR CHASTAIN continued the sectional review of SB 60.                                                                         
                                                                                                                                
     Section  5 of  this  bill creates  two new  subsections                                                                    
     within AS 16.05.430:                                                                                                       
                                                                                                                                
     Subsection  (c)  establishes  that   a  person  may  be                                                                    
     charged  with  the violation  offence  if  there is  no                                                                    
     culpable mental state established.                                                                                         
                                                                                                                                
     Subsection (d)  provides the court with  the ability to                                                                    
     impose additional  restitution to  the state  of Alaska                                                                    
     equal  to the  amount  of lost  federal matching  funds                                                                    
     from     the    Pittman-Robertson/Johnson/Wallop-Breaux                                                                    
     programs  when the  state is  defrauded by  a defendant                                                                    
     who does  not purchase  the appropriate license  or tag                                                                    
     or claims  residency when they  are not a  resident. If                                                                    
     the   court  decides   to   implement  the   additional                                                                    
     restitution for  the loss of  federal funds,  the court                                                                    
     will be instructed to deposit  the restitution into the                                                                    
     fish and game fund.                                                                                                        
                                                                                                                                
SENATOR  COSTELLO  referenced  page  4, line  24,  and  asked  if                                                               
culpable mental state is defined.                                                                                               
                                                                                                                                
CHAIR COGHILL said yes and  suggested Major Chastain explain that                                                               
when he comes to it.                                                                                                            
                                                                                                                                
MAJOR CHASTAIN continued the sectional review of SB 60.                                                                         
                                                                                                                                
     Section  6 This  section  raises  the strict  liability                                                                  
     commercial  fishing violation  fines  from the  amounts                                                                    
     established in 1988, when this  section was enacted, to                                                                    
     the  same  amount  adjusted  for  inflation.  The  fine                                                                    
     increase will  serve as both  a deterrent and  tool for                                                                    
     Alaska  Wildlife Troopers  to  effectively enforce  the                                                                    
     states most important fisheries.                                                                                           
                                                                                                                                
CHAIR COGHILL asked  him to explain what that  means here because                                                               
strict liability has to do with a culpable mental state.                                                                        
                                                                                                                                
MAJOR  CHASTAIN  explained that  culpable  mental  state must  be                                                               
proven in a court  of law and it applies to  conduct that is done                                                               
knowingly,   intentionally,    recklessly   or    with   criminal                                                               
negligence.  Strict liability  means the  individual is  strictly                                                               
liable for  the offense, regardless  of intent.  Without culpable                                                               
mental state is  a violation offense that carries  a maximum $500                                                               
penalty.                                                                                                                        
                                                                                                                                
2:18:10 PM                                                                                                                    
SENATOR MEYER stated support for increasing the fine for a third                                                                
commercial fishing violation to $18,000 rather than $15,000.                                                                    
                                                                                                                                
MAJOR CHASTAIN replied it's a policy call for the legislature.                                                                  
                                                                                                                                
SENATOR MEYER asked how often someone is convicted of a                                                                         
commercial fishing violation three times within ten years.                                                                      
                                                                                                                                
MAJOR CHASTAIN estimated that it happens several times a year,                                                                  
typically in places such as Bristol Bay where the fishery is                                                                    
very competitive.                                                                                                               
                                                                                                                                
MAJOR CHASTAIN continued the sectional review of SB 60.                                                                         
                                                                                                                                
     Section  7 This  section requires  the court  system to                                                                  
     transmit notice  of all convictions under  this section                                                                    
     to  the Commercial  Fisheries Entry  Commission (CFEC).                                                                    
     Commercial  fishers  are   applied  points  similar  to                                                                    
     driver's  licenses  when  a   person  is  convicted  of                                                                    
     certain commercial fishing offenses.                                                                                       
                                                                                                                                
     Section 8  Amends AS 16.05.782 and  removes the penalty                                                                  
     section  from (a)  which cleans  up the  subsection and                                                                    
     makes it  clearer. This section  makes it clear  that a                                                                    
     person  may not  take a  brown or  grizzly bear  within                                                                    
     one-half mile  of a solid waste  disposal facility. The                                                                    
     penalties  for  this  section  will  now  be  contained                                                                    
     within sections 9 and 10.                                                                                                  
                                                                                                                                
     Section 9  Related to section  8, this  section removes                                                                  
     the unnecessary reference to  section (a) and maintains                                                                    
     the  additional penalties  of  an  additional fine  for                                                                    
     failing  to salvage  the hide  and skull  of the  Brown                                                                    
     Bear.                                                                                                                      
                                                                                                                                
     Sections 10-15  generally standardize penalties  in the                                                                  
     statutes listed  by providing  an additional  option of                                                                    
     charging  a  person  with   a  violation  offense  when                                                                    
     appropriate:                                                                                                               
                                                                                                                                
     Section 10  this section amends  AS 16.05.782  and adds                                                                  
     two new  subsections that establish the  penalties as a                                                                    
     class  A misdemeanor  for a  criminal offense  and also                                                                    
     provide  the additional  option  of  charging a  person                                                                    
     with a violation offense when appropriate.                                                                                 
                                                                                                                                
     Section  11  Under  AS  16.05.783  "Same  day  airborne                                                                  
     hunting"  statutes, this  section removes  the specific                                                                    
     fines  and penalties  associated  with an  unclassified                                                                    
     misdemeanor and replaces it with  a class A misdemeanor                                                                    
     for consistency in penalties.                                                                                            
                                                                                                                                
CHAIR COGHILL added that it still allows forfeiture.                                                                            
                                                                                                                                
MAJOR CHASTAIN agreed and continued the sectional review of SB
60.                                                                                                                             
                                                                                                                                
     Section 12  Under the "Prohibition of  hunting adjacent                                                                  
     to  highway  between  Yukon  River  and  Arctic  ocean"                                                                    
     statute,  this section  amends (b)  and  adds that  the                                                                    
     penalties for  violation of this  section is a  Class A                                                                    
     misdemeanor punishable as provided in AS 12.55.                                                                            
                                                                                                                                
     Section 13 Related  to section 12, this  section adds a                                                                  
     new  subsection under  AS 16.05.789  (c). This  section                                                                    
     provides  the additional  option of  charging a  person                                                                    
     with a violation offense when appropriate.                                                                                 
                                                                                                                                
     Section   14  Under   AS   16.05.790  "Obstruction   or                                                                  
     hindrance  of  lawful  fishing,  hunting  or  trapping"                                                                    
     statutes, this  section adds a new  subsection to allow                                                                    
     for  charging  some  offenses  of  this  section  as  a                                                                    
     violation  offence when  there  is  no culpable  mental                                                                    
     state.                                                                                                                     
                                                                                                                                
     Section  15 Under  AS  16.05.831(c)  "Waste of  salmon"                                                                  
     statute, this  section removes  the specific  fines and                                                                    
     penalties associated  with an  unclassified misdemeanor                                                                    
     and replaces it with a class A misdemeanor.                                                                                
                                                                                                                                
     Section  16  Under AS  16.05.901  a  new subsection  is                                                                  
     added in this section  to provide for charging offenses                                                                    
     committed   under  AS   16.05.871-AS  16.05.896   as  a                                                                    
     violation offence punishable as provided in AS 12.55.                                                                      
                                                                                                                                
     Section   17   Under    AS   16.05.925   "Penalty   for                                                                  
     violations",  subsection  (a)  is  amended  to  provide                                                                    
     consistency  in  the  penalties as  provided  under  AS                                                                    
     12.55 and  provides an exemption  for a  new subsection                                                                    
     added under (c).                                                                                                           
                                                                                                                                
     Under AS  16.05.925 (b),  this subsection  provides for                                                                    
     restitution  amounts  that  the court  may  impose  for                                                                    
     illegally  taken  big  game  animals  in  Alaska.  This                                                                    
     section increases  the restitution amounts by  at least                                                                    
     50% that  a person  convicted of unlawfully  taking big                                                                    
     game may have  to pay to the state if  the court choses                                                                    
     to implement restitution. Alaska's  game belongs to all                                                                    
     of  us   collectively.  When  a  big   game  animal  is                                                                    
     unlawfully taken,  it defrauds  the state of  the value                                                                    
     of  that  animal to  its  citizens.  This value  varies                                                                    
     greatly  depending  on  the   species  of  animal,  the                                                                    
     location of the  take, the social value  of the animal,                                                                    
     the economic  value of the  animal and the  food source                                                                    
     value  to the  people of  the state.  These restitution                                                                    
     values  may  be  imposed  by  the  court  if  the  case                                                                    
     warrants applying  restitution. In most cases,  it does                                                                    
     not make the state "whole"  for the loss of the animal,                                                                    
     but helps pay the state back for the illegal take.                                                                         
                                                                                                                                
     Current restitution  amounts were  enacted in  1984 and                                                                    
     have gone untouched since then.                                                                                            
                                                                                                                                
MAJOR CHASTAIN pointed  out that the restitution  amounts in this                                                               
bill  reflect the  changes that  were made  in committees  when a                                                               
similar  bill was  heard last  session. For  example, restitution                                                               
for  moose  increased  150 percent.  The  standard  increase  for                                                               
inflation was 50 percent.                                                                                                       
                                                                                                                                
CHAIR COGHILL  asked if the  monies from restitution can  be used                                                               
for habitat improvement.                                                                                                        
                                                                                                                                
MAJOR CHASTAIN  deferred the question  to the Department  of Law.                                                               
He clarified that restitution is not  a fine. It is an additional                                                               
amount that can be applied for the illegal take of an animal.                                                                   
                                                                                                                                
2:25:56 PM                                                                                                                    
MAJOR CHASTAIN continued the sectional review of SB 60.                                                                         
                                                                                                                                
     Section  18 Under  AS 16.05.925  a  new subsection  was                                                                  
     added  relating  to   subsection  (b).  Subsection  (c)                                                                    
     establishes that a defendant may  not be ordered to pay                                                                    
     restitution to the state under this section if:                                                                            
                                                                                                                                
     (1)  The defendant voluntarily  and immediately reports                                                                    
          the unlawful take of the animal to ADFG or a                                                                          
          state law enforcement officer engaged in fish and                                                                     
          wildlife protection; and                                                                                              
                                                                                                                                
     (2)  Surrenders  all salvaged  portions  of the  animal                                                                    
          including the horns, antlers, hide and skull as                                                                       
          applicable.                                                                                                           
                                                                                                                                
     This subsection  will provide an incentive  for persons                                                                    
     who have  unlawfully taken a  big game animal  and wish                                                                    
     to turn  themselves in. This protects  hunters who want                                                                    
     to   do  the   right  thing   from  paying   additional                                                                    
     restitution amounts.                                                                                                       
                                                                                                                                
MAJOR CHASTAIN highlighted that this committee passed that                                                                      
amendment last year.                                                                                                            
                                                                                                                                
CHAIR COGHILL commented on honest mistakes versus scamming the                                                                  
system.                                                                                                                         
                                                                                                                                
MAJOR CHASTAIN continued the sectional review of SB 60.                                                                         
                                                                                                                                
     Section 19 Under AS 16.05.940  (38) a new definition is                                                                  
     added. This  paragraph defines "electronic form"  as it                                                                    
     pertains  to  section  3   under  AS  16.05.330(g).  It                                                                    
     provides  for   display  of  [license]  images   on  an                                                                    
     electronic device  such as  a mobile  telephone, tablet                                                                    
     or computer  that will satisfy  the display  of fishing                                                                    
     and hunting licenses.                                                                                                    
                                                                                                                                
CHAIR COGHILL asked if there is need to clarify that viewing the                                                                
license on an electronic device does not include any authority                                                                  
for the officer to search the device.                                                                                           
                                                                                                                                
MAJOR CHASTAIN replied it is generally accepted that the officer                                                                
only has permission to look at the license on the electronic                                                                    
device.                                                                                                                         
                                                                                                                                
2:29:29 PM                                                                                                                  
MAJOR CHASTAIN continued the sectional review of SB 60.                                                                         
                                                                                                                                
     Section 20  Under AS 16.10.030 "penalty  for violations                                                                  
     of  AS  16.10.010-AS   16.10.050"  this  subsection  is                                                                    
     amended  to  provide  that a  person  who  violates  AS                                                                    
     16.10.010 through AS  16.10.050 is guilty of  a Class A                                                                    
     misdemeanor as provided in AS 12.55.                                                                                       
                                                                                                                                
     Section   21   Under   AS  16.10.030   "penalties   for                                                                  
     violations"   and   relating   to  section   20,   this                                                                    
     subsection  provides  for  a  person  who  violates  AS                                                                    
     16.10.030  through AS  16.10.050  without any  culpable                                                                    
     mental  state  is  guilty of  a  violation  offense  as                                                                    
     provided in AS 12.55.                                                                                                      
                                                                                                                                
     Section 22 Under AS  16.10.090 "penalties for violation                                                                  
     of AS  16.10.070", this section  is amended  to reflect                                                                    
     that a person who violates  AS 16.10.070 is guilty of a                                                                    
     Class A misdemeanor as provided in AS 12.55.                                                                               
                                                                                                                                
     Section 23 Under AS  16.10.090 "penalties for violation                                                                  
     of AS 16.10.070", this section  provides that a person,                                                                    
     who  without  any  culpable  mental  state violates  AS                                                                    
     16.10.070 is guilty of a violation offence as provided in                                                                  
     AS 12.55.                                                                                                                  
                                                                                                                                
     Section 24 Under AS 16.10.110  penalty for violation of                                                                  
     AS 16.10.100,  "Erection of fish traps"  statutes, this                                                                    
     section  removes  the   specific  fines  and  penalties                                                                    
     associated   with  an   unclassified  misdemeanor   and                                                                    
     replaces it with  a class A misdemeanor  as provided in                                                                    
     AS 12.55.                                                                                                                  
                                                                                                                                
     Section 25  Under As 16.10.110  and related  to section                                                                  
     24, a new subsection has  been added under AS 16.10.110                                                                    
     (b).  This subsection  establishes that  a person  who,                                                                    
     without   any  culpable   mental  state,   violates  AS                                                                    
     16.10.100 is  guilty of a  violation as provided  in AS                                                                    
     12.55.                                                                                                                     
                                                                                                                                
     Section 26  Under AS 16.10.130, penalty  for violations                                                                  
     of AS 16.10.120 and  AS 16.10.125, this section removes                                                                    
     the   penalties   associated   with   an   unclassified                                                                    
     misdemeanor and replaces it with  a Class A misdemeanor                                                                    
     as provided in AS 12.55.                                                                                                   
                                                                                                                                
     Section 27  Under AS 16.10.130  and related  to section                                                                  
     26,  a new  subsection has  been added  under (b)  that                                                                    
     establishes  that a  person who,  without any  culpable                                                                    
     mental state, violates AS 16.10.120  or AS 16.10.125 is                                                                    
     guilty of a violation as provided in AS 12.55.                                                                             
                                                                                                                                
     Section 28  This section amends  the uncodified  law of                                                                  
     Alaska  to  make  it  clear that  the  act  applies  to                                                                    
     offenses that occur  on or after the  effective date of                                                                    
     the Act.                                                                                                                   
                                                                                                                                
     Section 29 Provides an effect July 1, 2017.                                                                              
                                                                                                                                
2:30:51 PM                                                                                                                    
CHAIR  COGHILL asked  Aaron Peterson  to discuss  culpable mental                                                               
states.                                                                                                                         
                                                                                                                                
2:31:05 PM                                                                                                                    
AARON  PETERSON, Assistant  Attorney General,  Office of  Special                                                               
Prosecutions,  Criminal Division,  Department  of Law,  explained                                                               
that  culpable  mental  states in  Alaska  law  are  intentional,                                                               
knowingly,  recklessly,  and  criminal negligence.  The  culpable                                                               
mental  state  for fish  and  game  offenses  is referred  to  as                                                               
modified  civil  negligence. That  is  that  the person  knew  or                                                               
should have known that what they were doing was a violation.                                                                    
                                                                                                                                
CHAIR  COGHILL asked  if the  default  is strict  liability if  a                                                               
violation doesn't have a specific mental state attached to it.                                                                  
                                                                                                                                
MR.  PETERSON directed  attention to  the offenses  covered under                                                               
16.05.925(a)  that says  a person  who violates  AS 16.05.920  or                                                               
regulations  adopted under  the chapter  is guilty  of a  class A                                                               
misdemeanor. Mental state is not  mentioned so based on the court                                                               
ruling  in  Rice  the  mental   state  would  be  modified  civil                                                               
negligence.  Several other  places in  AS 16.05  also criminalize                                                               
offenses and violators are guilty  of a misdemeanor. Again, there                                                               
is no  mental state mentioned so  the standard is knew  or should                                                               
have known.                                                                                                                     
                                                                                                                                
CHAIR  COGHILL  summarized  that  they would  need  to  know  the                                                               
hunting area  and have had  the hunting regulations  presented to                                                               
them.                                                                                                                           
                                                                                                                                
MR. PETERSON replied  the prosecution only has to  prove that the                                                               
person should have  known (that a season was  closed for example)                                                               
because the  hunting regulations are  available in any  number of                                                               
locations and online.  The court came to this  conclusion in part                                                               
because of  the difficulty with  proving somebody was aware  of a                                                               
certain thing or intended a certain result.                                                                                     
                                                                                                                                
2:36:36 PM                                                                                                                    
CHAIR  COGHILL  asked if  restitution  monies  must go  into  the                                                               
general fund.                                                                                                                   
                                                                                                                                
MR.  PETERSON   said  in  criminal  cases   with  forfeiture  the                                                               
restitution funds  go to  the general  fund. When  restitution is                                                               
due for damage  to a resource (primarily fisheries)  the funds go                                                               
into the criminal  fund sub-fund and are used  for the protection                                                               
of that resource.                                                                                                               
                                                                                                                                
CHAIR COGHILL discussed his intention to offer a committee                                                                      
substitute.                                                                                                                     
                                                                                                                                
SENATOR MEYER asked if he would entertain amendments.                                                                           
                                                                                                                                
CHAIR COGHILL answered yes.                                                                                                     
                                                                                                                                
2:41:23 PM                                                                                                                    
SENATOR MEYER said he believes the fine structure for the third                                                                 
offense should be higher than $15,000.                                                                                          
                                                                                                                                
CHAIR COGHILL responded that it's clear that Alaska is                                                                          
permissive with regard to licensing issues and fines.                                                                           
                                                                                                                                
CHAIR COGHILL held SB 60 in committee for further consideration.                                                                
                                                                                                                                
2:43:08 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Coghill adjourned the Senate Judiciary Standing Committee                                                                 
meeting at 2:43 p.m.                                                                                                            

Document Name Date/Time Subjects
SB 60 - Sectional Analysis (ver. A).pdf SJUD 3/22/2017 1:30:00 PM
SB 60
SB 60 - Transmittal Letter.pdf SJUD 3/22/2017 1:30:00 PM
SB 60
SB 60 - Letter of Opposition - Petersburg Vessel Owner's Association.pdf SJUD 3/22/2017 1:30:00 PM
SB 60
SB 60 - Letter of Opposition - United Southeast Alaska Gillnetters.pdf SJUD 3/22/2017 1:30:00 PM
SB 60