04/22/2005 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| SB102 | |
| SB170 | |
| HB75 | |
| HJR5 | |
| HJR16 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HJR 5 | TELECONFERENCED | |
| + | HJR 16 | TELECONFERENCED | |
| + | HB 75 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 102 | ||
| = | SB 170 | ||
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.
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