00                       CS FOR HOUSE BILL NO. 15(FSH)                                                                     
01 "An Act relating to participation in matters before the Board of Fisheries by members                                   
02 of the board; and providing for an effective date."                                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
05 to read:                                                                                                                
06       PURPOSE. The purpose of this Act is to preserve and enhance the ability of the Board                              
07 of Fisheries to act as a lay board. To accomplish this goal, this Act allows members of the                             
08 board to deliberate on the issues that come before the board even though the members have a                             
09 personal or financial interest in the matter by virtue of their participation in a fishery, but does                    
10 not allow those members to vote on those issues.                                                                        
11    * Sec. 2. AS 39.52.120 is amended by adding a new subsection to read:                                              
12            (f)  Notwithstanding any other provision of this chapter, a personal or financial                            
13       interest in a matter arising directly from involvement of the member of the Board of                              
14       Fisheries, or of the board member's immediate family, and conducted under a permit                                
01       or license issued under AS 16.05, AS 16.40.270, or AS 16.43 does not disqualify a                                 
02       member of the Board of Fisheries from deliberating on a matter before the board.                                  
03       Before deliberating, the member shall disclose the interest on the record.  If a conflict                         
04       is determined to exist, the member may not vote on the issue. In this subsection,                                 
05       "immediate family" has the meaning given in AS 24.60.990.                                                         
06    * Sec. 3. AS 39.52.120(f) is repealed.                                                                             
07    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
08 read:                                                                                                                   
09       REPORT AND RECOMMENDATIONS. The Department of Fish and Game shall                                               
10 review AS 39.52.120(f), added by sec. 2 of this Act, and not later than January 31, 2011,                               
11 submit a report to the legislature that compares the effect of that subsection on the rate of                           
12 recusals by members of the Board of Fisheries in matters that have come before the board and                            
13 makes a recommendation regarding whether the effective date of the repeal of                                            
14 AS 39.52.120(f), made by sec. 6 of this Act, should be extended.                                                        
15    * Sec. 5. Sections 1 and 2 of this Act take effect immediately under AS 01.10.070(c).                              
16    * Sec. 6. Section 3 of this Act takes effect June 30, 2011.