Legislature(2005 - 2006)BUTROVICH 205

04/22/2005 03:30 PM RESOURCES


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HJR 5 NO MILK TAX TELECONFERENCED
Moved CSHJR 5(RES) Out of Committee
+ HJR 16 OPPOSE UN LAND DESIGNATIONS IN ALASKA TELECONFERENCED
Moved CSHJR 16(RES) am Out of Committee
+ HB 75 HUNTING, FISHING, TRAPPING TELECONFERENCED
Moved SCS CSHB 75(RES) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 102 COASTAL MANAGEMENT PROGRAMS
Moved CSSB 102(RES) Out of Committee
= SB 170 BD/DEPT OF FISH & GAME POWERS & DUTIES
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                         April 22, 2005                                                                                         
                           3:36 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Thomas Wagoner, Chair                                                                                                   
Senator Ralph Seekins, Vice Chair                                                                                               
Senator Ben Stevens                                                                                                             
Senator Fred Dyson                                                                                                              
Senator Bert Stedman                                                                                                            
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Gretchen Guess                                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 102                                                                                                             
"An  Act relating  to district  coastal management  programs; and                                                               
providing for an effective date."                                                                                               
     MOVED CSSB 102(RES) OUT OF COMMITTEE                                                                                       
                                                                                                                                
SENATE BILL NO. 170                                                                                                             
"An Act  relating to the Department  of Fish and Game,  the Board                                                               
of Fisheries,  and the Board of  Game; relating to the  taking of                                                               
big game and to the disposition of  a mount, trophy, or part of a                                                               
fish or game  animal; setting fees for  certain trapping licenses                                                               
and  certain hunting  licenses, permits,  and tags;  setting fees                                                               
for the  resident combined hunting,  trapping, and  sport fishing                                                               
license  and  the resident  combined  hunting  and sport  fishing                                                               
license;  relating to  the resident  small game  hunting license;                                                               
setting application fees for certain  hunting permits and stamps;                                                               
establishing a surcharge on hunting,  trapping, and sport fishing                                                               
licenses;  relating  to  certain  hunting,  trapping,  and  sport                                                               
fishing  licenses, tags,  permits,  and stamps;  relating to  the                                                               
fish  and game  fund; relating  to  violations of  fish and  game                                                               
laws;  relating  to state  management  of  wildlife; relating  to                                                               
endangered  fish and  wildlife;  and providing  for an  effective                                                               
date."                                                                                                                          
     HEARD AND HELD                                                                                                             
                                                                                                                                
CS FOR HOUSE BILL NO. 75(FIN)                                                                                                   
"An Act relating to the powers  and duties of the commissioner of                                                               
fish  and  game,  Board  of  Fisheries,  and  Board  of  Game  in                                                               
promoting and preserving fishing, hunting, and trapping in the                                                                  
state."                                                                                                                         
     MOVED SCS CSHB 75(RES) OUT OF COMMITTEE                                                                                    
                                                                                                                                
CS FOR HOUSE JOINT RESOLUTION NO. 5(RES)                                                                                        
Opposing imposition of a milk tax on Alaskans.                                                                                  
     MOVED CSHJR 5(RES) OUT OF COMMITTEE                                                                                        
                                                                                                                                
CS FOR HOUSE JOINT RESOLUTION NO. 16(RES) am                                                                                    
Opposing the  designation of  any area  in the  state as  a world                                                               
heritage  site,   biosphere  reserve,   or  any  other   type  of                                                               
international  designation  without  the consent  of  the  Alaska                                                               
State Legislature and affected local governments.                                                                               
     MOVED CSHJR 16(RES) am OUT OF COMMITTEE                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 102                                                                                                                  
SHORT TITLE: COASTAL MANAGEMENT PROGRAMS                                                                                        
SPONSOR(s): SENATOR(s) STEVENS G                                                                                                
                                                                                                                                
02/14/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/05       (S)       CRA, RES                                                                                               
03/14/05       (S)       CRA AT 1:30 PM BELTZ 211                                                                               
03/14/05       (S)       Heard & Held                                                                                           
03/14/05       (S)       MINUTE(CRA)                                                                                            
03/16/05       (S)       CRA AT 1:30 PM BELTZ 211                                                                               
03/16/05       (S)       Moved CSSB 102(CRA) Out of Committee                                                                   
03/16/05       (S)       MINUTE(CRA)                                                                                            
03/18/05       (S)       CRA       RPT      CS       1DP      3NR                                                               
                         NEW TITLE                                                                                              
03/18/05       (S)       NR: STEVENS G, WAGONER, STEDMAN                                                                        
03/18/05       (S)       DP: ELLIS                                                                                              
03/18/05       (S)       FIN REFERRAL ADDED AFTER RES                                                                           
04/06/05       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
04/06/05       (S)       -- Testimony <Invitation Only> --                                                                      
04/22/05       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 170                                                                                                                  
SHORT TITLE: BD/DEPT OF FISH & GAME POWERS & DUTIES                                                                             
SPONSOR(s): SENATOR(s) SEEKINS                                                                                                  
                                                                                                                                
04/12/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/12/05       (S)       RES, FIN                                                                                               
04/18/05       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
04/18/05       (S)       Heard & Held                                                                                           
04/18/05       (S)       MINUTE(RES)                                                                                            
04/22/05       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB  75                                                                                                                  
SHORT TITLE: HUNTING, FISHING, TRAPPING                                                                                         
SPONSOR(s): REPRESENTATIVE(s) KELLY                                                                                             
                                                                                                                                
01/18/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/05       (H)       RES, FIN                                                                                               
03/14/05       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
03/14/05       (H)       Moved CSHB 75(RES) Out of Committee                                                                    
03/14/05       (H)       MINUTE(RES)                                                                                            
03/15/05       (H)       RES RPT CS(RES) NT 5DP 2NR                                                                             
03/15/05       (H)       DP: OLSON, ELKINS, CRAWFORD, SAMUELS,                                                                  
                         RAMRAS;                                                                                                
03/15/05       (H)       NR: SEATON, LEDOUX                                                                                     
03/29/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/29/05       (H)       -- Meeting Canceled --                                                                                 
03/30/05       (H)       FIN AT 9:00 AM HOUSE FINANCE 519                                                                       
03/30/05       (H)       Heard & Held                                                                                           
03/30/05       (H)       MINUTE(FIN)                                                                                            
03/31/05       (H)       FIN AT 9:00 AM HOUSE FINANCE 519                                                                       
03/31/05       (H)       Moved CSHB 75(FIN) Out of Committee                                                                    
03/31/05       (H)       MINUTE(FIN)                                                                                            
04/01/05       (H)       FIN RPT CS(FIN) NT 5DP 3NR                                                                             
04/01/05       (H)       DP: HOLM, KELLY, FOSTER, STOLTZE,                                                                      
                         MEYER;                                                                                                 
04/01/05       (H)       NR: HAWKER, JOULE, CHENAULT                                                                            
04/08/05       (H)       TRANSMITTED TO (S)                                                                                     
04/08/05       (H)       VERSION: CSHB 75(FIN)                                                                                  
04/11/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/11/05       (S)       RES, FIN                                                                                               
04/22/05       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HJR  5                                                                                                                  
SHORT TITLE: NO MILK TAX                                                                                                        
SPONSOR(s): REPRESENTATIVE(s) LYNN                                                                                              
                                                                                                                                
01/10/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/10/05       (H)       RES, L&C                                                                                               
03/21/05       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
03/21/05       (H)       Scheduled But Not Heard                                                                                
03/23/05       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
03/23/05       (H)       Moved CSHJR 5(RES) Out of Committee                                                                    
03/23/05       (H)       MINUTE(RES)                                                                                            
03/29/05       (H)       RES RPT CS(RES) 6DP                                                                                    
03/29/05       (H)       DP: OLSON, GATTO, ELKINS, LEDOUX,                                                                      
                        SEATON, SAMUELS                                                                                         
04/01/05       (H)       L&C REFERRAL WAIVED                                                                                    
04/07/05       (H)       TRANSMITTED TO (S)                                                                                     
04/07/05       (H)       VERSION: CSHJR 5(RES)                                                                                  
04/08/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/08/05       (S)       RES, L&C                                                                                               
04/22/05       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HJR 16                                                                                                                  
SHORT TITLE: OPPOSE UN LAND DESIGNATIONS IN ALASKA                                                                              
SPONSOR(s): REPRESENTATIVE(s) ELKINS                                                                                            
                                                                                                                                
03/14/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/14/05       (H)       RES                                                                                                    
03/30/05       (H)       RES AT 1:00 PM SENATE FINANCE 532                                                                      
03/30/05       (H)       Heard & Held                                                                                           
03/30/05       (H)       MINUTE(RES)                                                                                            
04/01/05       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
04/01/05       (H)       Moved CSHJR 16(RES) Out of Committee                                                                   
04/01/05       (H)       MINUTE(RES)                                                                                            
04/04/05       (H)       RES RPT CS(RES) NT 3DP 5NR                                                                             
04/04/05       (H)       DP: ELKINS, LEDOUX, CRAWFORD;                                                                          
04/04/05       (H)       NR: OLSON, GATTO, SEATON, RAMRAS,                                                                      
                         SAMUELS                                                                                                
04/07/05       (H)       TRANSMITTED TO (S)                                                                                     
04/07/05       (H)       VERSION: CSHJR 16(RES) AM                                                                              
04/08/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/08/05       (S)       RES                                                                                                    
04/22/05       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MARY JACKSON                                                                                                                    
Staff to Senator Wagoner                                                                                                        
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Commented on SB 102.                                                                                      
                                                                                                                                
WAYNE REGELIN, Acting Commissioner                                                                                              
Department of Fish & Game                                                                                                       
PO Box 25526                                                                                                                    
Juneau, AK  99802-5226                                                                                                          
POSITION STATEMENT: Supported SCS CSHB 75(STA).                                                                               
                                                                                                                                
JENNIFER YUHAUS, Executive Director                                                                                             
Alaska Outdoor Council                                                                                                          
Juneau AK                                                                                                                       
POSITION STATEMENT: Supported SCS CSHB 75(STA).                                                                               
                                                                                                                                
REPRESENTATIVE BOB LYNN                                                                                                         
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor of HJR 5.                                                                                         
                                                                                                                                
ILONA RICHEY, Director                                                                                                          
Government Relations                                                                                                            
Alaska Dairy Coalition                                                                                                          
Anchorage AK                                                                                                                    
POSITION STATEMENT: Supported HJR 5.                                                                                          
                                                                                                                                
TERRY ROBERTSON                                                                                                                 
Robertson Enterprise                                                                                                            
Anchorage AK                                                                                                                    
POSITION STATEMENT: Supported HJR 5.                                                                                          
                                                                                                                                
JIM EICHSTADT                                                                                                                   
Dairy Trade Coalition                                                                                                           
Madison WI                                                                                                                      
POSITION STATEMENT: Supported HJR 5.                                                                                          
                                                                                                                                
REPRESENTATIVE ELKIN                                                                                                            
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor of HJR 16.                                                                                        
                                                                                                                                
JENNIFER BAXTER                                                                                                                 
Staff to Representative Elkin                                                                                                   
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Commented on HJR 16 for the sponsor.                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR THOMAS WAGONER called the Senate Resources Standing                                                                     
Committee meeting to order at 3:36:37 PM. Present were Senators                                                               
Ben Stevens, Seekins, Elton, Dyson, Stedman and Chair Wagoner.                                                                  
                                                                                                                                
               SB 102-COASTAL MANAGEMENT PROGRAMS                                                                           
                                                                                                                                
CHAIR WAGONER announced SB 102 to be up for consideration.                                                                      
                                                                                                                                
SENATOR SEEKINS moved to adopt CSSB 102(RES), version Y, as the                                                                 
working document. There were no objections and it was so                                                                        
ordered.                                                                                                                        
                                                                                                                                
MARY  JACKSON,  staff  to Senator  Wagoner,  explained  that  the                                                               
change on  page 2, line  4, deletes  "one year" and  inserts "six                                                               
months". The original bill authorized  a one-year extension; this                                                               
revision authorizes a six-month revision.                                                                                       
                                                                                                                                
3:39:08 PM                                                                                                                    
She said  that a National Oceanic  and Atmospheric Administration                                                               
(NOAA) letter,  dated 4/14/05  provided preliminary  approval for                                                               
the state's  coastal zone management  program. "So, the  state is                                                               
going forward  with their program  based on this." A  letter from                                                               
the  governor to  the  districts, dated  April  18, explains  the                                                               
process.  The  fiscal  note  for  the CS  was  estimated  by  the                                                               
department to be about half that of the original bill.                                                                          
                                                                                                                                
3:40:23 PM                                                                                                                    
CHAIR  WAGONER said  the  districts wanted  more  time, but  then                                                               
agreed with NOAA that they could have plans done by December 30.                                                                
                                                                                                                                
3:41:00 PM                                                                                                                    
SENATOR DYSON  moved to  pass CSSB  102(RES) from  committee with                                                               
individual recommendations  and attached fiscal note.  There were                                                               
no objections and it was so ordered.                                                                                            
                                                                                                                                
3:42:58 PM At ease 3:44:25 PM                                                                                               
                                                                                                                                
         SB 170-BD/DEPT OF FISH & GAME POWERS & DUTIES                                                                      
                                                                                                                                
CHAIR WAGONER turned the gavel over to Senator Seekins.                                                                         
                                                                                                                                
SENATOR SEEKINS  announced that  he would comment  on SB  170. He                                                               
said that part of  the intent of this bill was to  try and find a                                                               
way  to get  people  who  buy hunting  licenses  to  agree to  an                                                               
increase to be able to  fund additional work for returning Alaska                                                               
to an abundance of game animals.                                                                                                
                                                                                                                                
     As a  part of that  our intent  was to build  a greater                                                                    
     amount   of  accountability   into  the   process.  For                                                                    
     example,  when   there  was  an  indication   that  the                                                                    
     department wanted an increase  in hunting license fees,                                                                    
     we said  well what  have you done  with the  money that                                                                    
     we've given you so far through the fish and game fund.                                                                     
                                                                                                                                
     When we had folks inquire  as to the requirements under                                                                    
     statute  that there  be an  annual report  of how  that                                                                    
     money came in  and where it was spent  on a project-by-                                                                    
     project basis, the answer that  we got was well project                                                                    
     is not defined  in statute. So, the report  that we got                                                                    
     back said here's how much  money came in and here's how                                                                    
     much  money went  out.  A  lot of  the  folks that  are                                                                    
     buying those  hunting licenses felt  that that  was not                                                                    
     the level  of accountability  that either  the statutes                                                                    
     required or  that they would  like to see in  the money                                                                    
     that they put into that fund  to be used for the direct                                                                    
     benefit of the people who bought those licenses.                                                                           
                                                                                                                                
SENATOR SEEKINS said he made it  clear to the department that the                                                               
intent of the  bill was to try  to find a mechanism  to make sure                                                               
those who  were contributing license  fees would  have confidence                                                               
that their money  was spent well. He was told  the department did                                                               
not support any  more accountability. He intended  to hold public                                                               
hearings across  the state during  the interim on this  issue and                                                               
would request an audit of the fish and game fund.                                                                               
                                                                                                                                
CHAIR  WAGONER announced  that he  would hold  the bill  and have                                                               
meetings throughout the state.                                                                                                  
                                                                                                                                
3:53:05 PM                                                                                                                    
            CSHB  75(FIN)-HUNTING, FISHING, TRAPPING                                                                        
                                                                                                                              
CHAIR WAGONER announced CSHB 75(FIN) to be up for consideration.                                                                
                                                                                                                                
HEATH HILYARD,  staff to Representative Kelly,  sponsor, said the                                                               
original  version  referred  to preserving  and  promoting  sport                                                               
hunting  in the  state  and it  was thought  the  language was  a                                                               
little inflammatory.                                                                                                            
                                                                                                                                
     We  wanted to  make it  clear from  the get-go  that we                                                                    
     were not taking a position  on the subsistence issue in                                                                    
     any way. Likewise, we've also  left out references with                                                                    
     regard to sport or commercial for fishing, as well.                                                                        
                                                                                                                                
The  CS  includes a  legislative  intent  statement that  plainly                                                               
declares  that,  "In  no  way  are we  trying  to  contravene  or                                                               
contradict  the  existing   constitutional  principles  of  other                                                               
common users'  sustained yield." That  was a concern  of wildlife                                                               
viewing tourism constituency.                                                                                                   
                                                                                                                                
MR. HILYARD said  the original version had to do  with the powers                                                               
and duties of  the commissioner and the boards and  that has been                                                               
removed and applied  it to the functions of  the commissioner and                                                               
the boards,  because substance  was desired  in their  ability to                                                               
adopt regulations in  carrying out the intent of  this statute to                                                               
preserve  and  promote  the  heritage  of  hunting,  fishing  and                                                               
trapping in the state.                                                                                                          
                                                                                                                                
CHAIR WAGONER asked where the letter of intent appeared.                                                                        
                                                                                                                                
MR. HILYARD replied that an intent statement is in the CS.                                                                      
                                                                                                                                
3:55:38 PM                                                                                                                    
SENATOR SEEKINS  said he wanted  to delete paragraph (1)  on page                                                               
2, 1ines 2 -  3, because he didn't want to  require the duties to                                                               
be done rather than being optional.                                                                                             
                                                                                                                                
MR.  HILYARD said  he thought  the sponsor  would be  amenable to                                                               
that amendment.                                                                                                                 
                                                                                                                                
SENATOR   SEEKINS  moved   to  adopt   Amendment  1   to  removed                                                               
subparagraph (1) on page 2.                                                                                                     
                                                                                                                                
SENATOR   DYSON   objected   adding   "renumber   paragraphs   as                                                               
appropriate" as  a friendly amendment.  There were  no objections                                                               
to Amendment 1 to Amendment 1.                                                                                                  
                                                                                                                                
SENATOR ELTON said he was concerned  that they were taking away a                                                               
power of  the commissioner on  page 4,  line 19. They  are saying                                                               
the commissioner doesn't have that  power and that is a statement                                                               
they  may not  want  to make,  especially  given the  cooperative                                                               
nature  in which  some of  Alaska's fish  and wildlife  resources                                                               
have to  be managed. He wanted  to hear from the  commissioner or                                                               
the department.                                                                                                                 
                                                                                                                                
SENATOR SEEKINS disagreed.                                                                                                      
                                                                                                                                
     Because the first  part of the paragraph  [page 1, line                                                                    
     14]  says, 'The  commissioner has,  but not  by way  of                                                                    
     limitation,  the  following  powers  and  duties:'  The                                                                    
     commissioner  would still  retain that  power, but  not                                                                    
     the responsibility or the duty.                                                                                            
                                                                                                                                
     So, there  is nothing in  removing this that  would say                                                                    
     that the commissioner 'cannot,' but  it would now be at                                                                    
     the decision  - and it  would be  at our option  of the                                                                    
     state and not be required  to do so. Under current law,                                                                    
     we require the commissioner to do that.                                                                                    
                                                                                                                                
3:59:43 PM                                                                                                                    
SENATOR ELTON responded  that he understands the  language of the                                                               
limitation, but  if some future  court has to determine  what the                                                               
intent of  the legislature is,  that would not  be characterized.                                                               
He fears  that the characterization  may be that  the legislature                                                               
has said  that they  don't think that's  an appropriate  power to                                                               
list under  the powers  and, in fact,  the legislature  took that                                                               
out of the  statutes. "I would hate to have  the argument be made                                                               
as an interpretation of what we are doing here today."                                                                          
                                                                                                                                
4:00:30 PM                                                                                                                    
SENATOR SEEKINS disagreed again - respectfully.                                                                                 
                                                                                                                                
     This record  is very clear  and if there  was confusion                                                                    
     on the part  of the court, they would look  back at the                                                                    
     action  that  removed   that  paragraph.  As  Judiciary                                                                    
     chairman,  we are  very conscious  of the  fact in  the                                                                    
     Judiciary Committee that the  record of this proceeding                                                                    
     would  be what  would  define for  the  court what  the                                                                    
     intent of the  legislature was. It's very  clear on the                                                                    
     record now  that the  intent here is  that it's  at the                                                                    
     option   of   the   commissioner   to   enforce   these                                                                    
     regulations and laws, not a requirement by state law.                                                                      
                                                                                                                                
CHAIR  WAGONER asked  for  a roll  call  vote. Senators  Seekins,                                                               
Dyson, Stedman  and Chair  Wagoner voted  yea; and  Senator Elton                                                               
voted nay; and Amendment 1 was adopted.                                                                                         
                                                                                                                                
4:02:48 PM                                                                                                                    
SENATOR ELTON said  the department testified in the  past that it                                                               
wasn't  100  percent supportive.  He  asked  how comfortable  the                                                               
department is now  that the duty or responsibility  to assist the                                                               
U.S.  Fish and  Wildlife Service  in the  enforcement of  federal                                                               
laws and regulations pertaining to fish and game.                                                                               
                                                                                                                                
WAYNE  REGELIN, Acting  Commissioner, Alaska  Department of  Fish                                                               
and Game (ADF&G), said he didn't think the bill was a problem.                                                                  
                                                                                                                                
     As long as  we can help 'em  out if we need  to or want                                                                    
     to  and  aren't prohibited  from  doing  that, I  don't                                                                    
     think that  it's a problem.  We've never  been required                                                                    
     to. I'm sure there's [been]  times when they have asked                                                                    
     for our help and we said  we were too busy, we couldn't                                                                    
     do it.  But, we have  a good working  relationship with                                                                    
     them and  I would assume  that would continue.  Most of                                                                    
     the cooperative  efforts are on fisheries  stuff out in                                                                    
     the  ocean. A  lot  of it  is  with enforcement  people                                                                    
     there, but I  think that the original part  of the bill                                                                    
     we  did support.  We felt  it should  include trapping,                                                                    
     too, and fishing.                                                                                                          
                                                                                                                                
4:05:12 PM                                                                                                                    
JENNIFER  YUHAUS,  Executive  Director, Alaska  Outdoor  Council,                                                               
supported this bill  and the CS and the removal  of the amendment                                                               
that included viewing as a use.                                                                                                 
                                                                                                                                
     This  is not  because we  don't legitimize  the use  of                                                                    
     viewing wildlife, but that the  advocacy of this use is                                                                    
     covered  through several  other  avenues through  other                                                                    
     departments  including the  tourism  industry and  it's                                                                    
     not the original intent when the bill was introduced.                                                                      
                                                                                                                                
4:06:11 PM                                                                                                                    
SENATOR SEEKINS moved  to report SCS CSHB  75(RES) from committee                                                               
with individual  recommendations and attached fiscal  note. There                                                               
were no objections and it was so ordered.                                                                                       
                                                                                                                                
SENATOR  SEEKINS  noted that  someone  only  has  to turn  to  AS                                                               
16.05.935, which is the restriction section in statute:                                                                         
                                                                                                                                
     Cooperation  with  the  federal government  in  Glacier                                                                    
     Bay, along with the statement  in there that nothing in                                                                    
     this title, Title 16, authorizes  the department or the                                                                    
     board to enter  into an agreement with  a department or                                                                    
     agency  of  the  federal government  that  cedes  state                                                                    
     authority  for  the management  of  fish  and game,  et                                                                    
     cetera, that we  have taken similar action  in the past                                                                    
     to not require our  state departments to cooperate with                                                                    
     federal management.                                                                                                        
                                                                                                                                
4:08:28 PM At ease 4:09:25 PM                                                                                               
                   CSHJR  5(RES)-NO MILK TAX                                                                                
                                                                                                                                
CHAIR WAGONER announced HJR 5 to be up for consideration.                                                                       
                                                                                                                                
REPRESENTATIVE BOB LYNN, sponsor, explained  that the milk tax or                                                               
Dairy Stabilization Act  of 1983 was a  mandatory dairy promotion                                                               
assessment established by  Congress in 1983 to  help increase the                                                               
sale of surplus milk in the  Lower 48 states through generic mass                                                               
advertising  such  as  the  "Got Milk"  campaign.  This  act  was                                                               
maintained  by the  Farm  Security and  Rural  Investment Act  of                                                               
2002. Alaska,  Hawaii and Puerto Rico  were specifically exempted                                                               
from the milk tax, because they  are all milk deficit states. The                                                               
tax would  be a  serious detriment to  Alaska milk  producers and                                                               
consumers  and would  benefit  Lower  48 states  that  do have  a                                                               
surplus.                                                                                                                        
                                                                                                                                
The  National Milk  Federation pushed  for this  tax so  the U.S.                                                               
Department  of  Agriculture  could   start  taxing  foreign  milk                                                               
importers.  Under  the  World  Trade  Organization  (WTO)  rules,                                                               
foreign imports  can't be taxed  unless all domestic  sources are                                                               
also  taxed.  HJR  5  is supported  by  Senator  Lisa  Murkowski,                                                               
Senator Ted  Stevens and  Congressman Don Young  and a  number of                                                               
other members of Congress.                                                                                                      
                                                                                                                                
REPRESENTATIVE LYNN said:                                                                                                       
                                                                                                                                
     The bottom line is that Alaska  does not need to add to                                                                    
     the already high price of  milk. Milk in bush Alaska is                                                                    
     already  outrageous  - sometimes  up  to  $8 or  $10  a                                                                    
     gallon  -  almost  to  the   point  that  children  are                                                                    
     drinking soda pop rather than  drinking milk because it                                                                    
     is less expensive.                                                                                                         
                                                                                                                                
He said  that day care centers  would also feel the  pinch. Dairy                                                               
farmers  can hardly  make ends  meet the  way it  is now  without                                                               
having this additional burden.                                                                                                  
                                                                                                                                
4:12:55 PM                                                                                                                    
ILONA  RICHEY,  Director,   Government  Relations,  Alaska  Dairy                                                               
Coalition, supported HJR  5 and the comments of  the sponsor. "We                                                               
do   not   need   increased  costs   in   Anchorage   and   other                                                               
transportation, especially not in the bush...."                                                                                 
                                                                                                                                
She said  this would mean an  average cost of $2,700  annually to                                                               
dairy farmers and there would  absolutely be no benefits to them.                                                               
There are also  concerns about the increased costs  to the Native                                                               
population that lives in rural Alaska.                                                                                          
                                                                                                                                
4:18:04 PM                                                                                                                    
CHAIR WAGONER asked  how she got the $2,700 figure  for the dairy                                                               
farmers.                                                                                                                        
                                                                                                                                
MS. RICHEY  replied that would be  the average tax levied  on the                                                               
milk they  produce. It would  be about  five to twenty  cents per                                                               
gallon. She didn't have exact figures.                                                                                          
                                                                                                                                
4:18:46 PM                                                                                                                    
TERRY  ROBERTSON,  Robertson  Enterprises,   said  she  owns  and                                                               
operates two  non-profit daycare  centers in  Anchorage servicing                                                               
about 200 low-income  subsidized children a day.  Her centers use                                                               
about 3,000  gals of milk  per year  and a twenty-cent  tax would                                                               
add $600 annually to her operating budget.                                                                                      
                                                                                                                                
4:20:00 PM                                                                                                                    
JIM EICHSTADT,  Dairy Trade  Coalition, Madison  WI, said  he has                                                               
been involved  in the dairy  industry since the early  1980s when                                                               
the  milk  tax  was  originally  implemented  and  added  to  Ms.                                                               
Richey's  statement that  Alaska has  never  been a  part of  the                                                               
federal  dairy policy  scheme -  and  for good  reason -  because                                                               
Alaska  is  a  milk  deficit state,  it  doesn't  participate  in                                                               
federal milk marketing orders or  other regulatory affairs run by                                                               
the federal government in the Lower 48.                                                                                         
                                                                                                                                
     The milk  tax is  probably the  worst way  that Alaskan                                                                    
     can possibly participate in  the federal dairy program,                                                                    
     because even  in the Lower 48,  the milk tax is  a very                                                                    
     controversial program  that a lot of  farmers down here                                                                    
     want to  get rid of,  because it doesn't  benefit them.                                                                    
     It's just an added cost that they could do without....                                                                     
                                                                                                                                
4:21:37 PM                                                                                                                    
SENATOR SEEKINS  moved to  report CSHJR  5(RES) out  of committee                                                               
with individual recommendations. There were  no objections and it                                                               
was so ordered.                                                                                                                 
                                                                                                                                
4:22:19 PM At Ease 4:23:03 PM                                                                                               
                                                                                                                                
    CSHJR 16(RES) AM -OPPOSE UN LAND DESIGNATIONS IN ALASKA                                                                 
                                                                                                                                
CHAIR WAGONER announced HJR 16 to be up for consideration.                                                                      
                                                                                                                                
REPRESENTATIVE ELKINS,  sponsor, introduced Jennifer  Baxter, his                                                               
staff person to present the bill to the committee.                                                                              
                                                                                                                                
JENNIFER BAXTER, staff to Representative  Elkin, said that HJR 16                                                               
opposes  the designation  of any  area in  the state,  such as  a                                                               
world  heritage site,  biosphere  reserve or  any  other type  of                                                               
international  designation,  without  the prior  consent  of  the                                                               
Alaska  State Legislature  and  the  affected local  governments.                                                               
Many  of  these  United   Nations  designations  include  private                                                               
property  in-holdings and  contemplate buffer  zones of  adjacent                                                               
land and could be used to harass or block commercial activities.                                                                
                                                                                                                                
Under current  law, the  Secretary of  the Interior  can nominate                                                               
world  heritage sites  and the  Secretary of  State can  nominate                                                               
biosphere  reserves,  both without  the  approval  of the  United                                                               
States Congress.                                                                                                                
                                                                                                                                
MS.  BAXTER explained  that it  further urges  the United  States                                                               
Congress to  pass legislation  that will  require approval  by an                                                               
act  of Congress  before any  area of  the United  States or  its                                                               
territories can  be studied  or be  nominated to  be any  type of                                                               
international designation.                                                                                                      
                                                                                                                                
CHAIR   WAGONER   said   he   enthusiastically   supported   this                                                               
resolution.                                                                                                                     
                                                                                                                                
4:26:38 PM                                                                                                                    
SENATOR  DYSON  moved  to  pass   HJR  16  [CSHJR  16(RES)]  from                                                               
committee with  individual recommendations and zero  fiscal note.                                                               
There were no objections and it was so ordered.                                                                                 
                                                                                                                                
CHAIR WAGONER adjourned the meeting at 4:27:19 PM.                                                                            
                                                                                                                                

Document Name Date/Time Subjects