Legislature(2023 - 2024)BARNES 124

05/01/2023 01:00 PM House RESOURCES

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Audio Topic
01:02:09 PM Start
01:03:17 PM Confirmation Hearing(s):|| Board of Game
01:09:56 PM Presentation(s): Alaska Industrial Development Export Authority Project Updates
01:56:40 PM HB20
02:19:01 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 20 CONFLICT OF INTEREST: BD FISHERIES/GAME TELECONFERENCED
Heard & Held
+ Presentation: Project Updates by Alaska TELECONFERENCED
Industrial Development Export Authority
<Above Item Rescheduled from 4/26>
+ Consideration of Governor's Appointees: Board of TELECONFERENCED
Game - Stanley Hoffman
-- Public Testimony --
<Above Item Rescheduled from 4/24>
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 20-CONFLICT OF INTEREST: BD FISHERIES/GAME                                                                      
                                                                                                                                
1:56:40 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced  that the final order of  business would be                                                               
HOUSE BILL NO.  20, "An Act relating to  participation in matters                                                               
before  the Board  of  Fisheries and  the Board  of  Game by  the                                                               
members of the respective boards;  and providing for an effective                                                               
date."                                                                                                                          
                                                                                                                                
1:57:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LOUISE STUTES, Alaska  State Legislature, as prime                                                               
sponsor,  presented  HB  20.   She  read  the  sponsor  statement                                                               
[included  in  the  committee  packet],  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     House Bill 20  will improve the Board  of Fisheries and                                                                    
     the  Board  of  Game  process by  allowing  members  to                                                                    
     participate  in  deliberations  on subjects  for  which                                                                    
     they  have a  declared personal  or financial  interest                                                                    
     according  to AS  39.52,  the  Executive Branch  Ethics                                                                    
     Act.                                                                                                                       
     Board  of  Fisheries  and Board  of  Game  members  are                                                                    
     currently required  to divulge  a conflict  of interest                                                                    
     if  they,  or  their   immediate  family  members,  are                                                                    
     involved in  the subject being deliberated  on. At this                                                                    
     time, the  conflicted member cannot offer  input on the                                                                    
     process and  cannot vote  on the  matter at  hand. This                                                                    
     bill allows the conflicted  member to offer remarks and                                                                    
     input,  but still  precludes them  from  voting on  the                                                                    
     issue at  hand or  on whether they  have a  conflict of                                                                    
     interest.                                                                                                                  
     Allowing  members with  expertise in  particular fields                                                                    
     to deliberate  will help the boards  make more informed                                                                    
     decisions, will result  in stronger resource management                                                                    
     statewide,  and   will  align  the  process   with  the                                                                    
     original  intent of  allowing  boards  to benefit  from                                                                    
     members' knowledge and diversity of viewpoints.                                                                            
                                                                                                                                
     Thank you for your support of this legislation.                                                                            
                                                                                                                                
1:59:54 PM                                                                                                                    
                                                                                                                                
DONNA  PAGE, Staff,  Representative Louise  Stutes, Alaska  State                                                               
Legislature,  on behalf  of Representative  Louise Stutes,  prime                                                               
sponsor, presented the  sectional analysis of HB  20 [included in                                                               
the   committee  packet],   which  read   as  follows   [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Section 1 amends  AS 39.52.220(b), to allow  a Board of                                                                    
     Game  or Board  of Fisheries  members to  take official                                                                    
     action,  defined  by  section  three of  the  bill,  as                                                                    
     deliberating  but not  voting,  on a  matter that  they                                                                    
     have a personal or financial interest in.                                                                                  
     Section  2 amends  AS 39.52.220(a)  to exempt  Board of                                                                    
     Fisheries and Board of Game  members from the provision                                                                    
     in the  Executive Branch Ethics Act  that prevents them                                                                    
     from deliberating  on matters  they have a  personal or                                                                    
     financial interest in.                                                                                                     
     Section 3 amends  AS 39.52.220 by adding  a new section                                                                    
     that  allows  Board  of Fisheries  and  Board  of  Game                                                                    
     members  with a  personal  or financial  interest in  a                                                                    
     matter to  deliberate, but not  vote, on  that proposal                                                                    
     or subject being considered by the board.                                                                                  
     Section 4 establishes an immediate effective date.                                                                         
                                                                                                                                
2:03:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked whether  members of the Alaska Board                                                               
of  Fisheries   are  currently  violating  Alaska   Statute  (AS)                                                               
39.52.220.                                                                                                                      
                                                                                                                                
2:04:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  answered that there are  discussions being                                                               
had by  the Board of Fisheries  that should be had  on the public                                                               
record.                                                                                                                         
                                                                                                                                
2:06:18 PM                                                                                                                    
                                                                                                                                
CHAIR  MCKAY asked  how frequently  meetings behind  closed doors                                                               
and off-the-record are occurring.                                                                                               
                                                                                                                                
REPRESENTATIVE STUTES  explained the process that  a board member                                                               
must follow once they declare a conflict of interest.                                                                           
                                                                                                                                
2:07:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE asked  whether the  Board of  Fisheries is                                                               
covered under the Open Meetings Act.                                                                                            
                                                                                                                                
REPRESENTATIVE STUTES confirmed it is.                                                                                          
                                                                                                                                
2:07:58 PM                                                                                                                    
                                                                                                                                
MS. PAGE noted that the percentage  of recusals in meetings is up                                                               
to 24 percent since 2005.                                                                                                       
                                                                                                                                
2:08:50 PM                                                                                                                    
                                                                                                                                
NATE  ROSE,  Vice  President, Kodiak  Seiners  Association,  gave                                                               
invited testimony  in support of  HB 20.   He said that  the high                                                               
number of recusals  during meetings on the Board  of Fisheries is                                                               
discouraging to those who look  to the meetings for policy change                                                               
or new direction.                                                                                                               
                                                                                                                                
2:12:17 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY  asked how  a conflict of  interest is  determined to                                                               
exist and asked about the legality of HB 20.                                                                                    
                                                                                                                                
2:13:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STUTES responded  that  she had  not spoken  with                                                               
Legislative Legal Services regarding HB 20.                                                                                     
                                                                                                                                
2:13:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   RAUSCHER   asked   why  conflict   of   interest                                                               
regulations don't currently exist.                                                                                              
                                                                                                                                
REPRESENTATIVE STUTES gave a history  of the issue of conflict of                                                               
interest on the Board of Fish and explained the need for HB 20.                                                                 
                                                                                                                                
2:14:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  commented that  state boards  have varied                                                               
membership to allow for exemptions on the board if need be.                                                                     
                                                                                                                                
2:16:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES noted  that the Board of  Fisheries and the                                                               
Board  of  Game  are  the  only two  boards  that  fall  under  a                                                               
particular statute.                                                                                                             
                                                                                                                                
2:17:45 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced that HB 20 was be held over.                                                                              

Document Name Date/Time Subjects
3.31.23 Stanley Hoffman BOG App_Redacted.pdf HRES 5/1/2023 1:00:00 PM
HB 20 Sectional Analysis Version A 3.17.23.pdf HRES 5/1/2023 1:00:00 PM
HB 20
HB 20 Sponsor Statement Version A 3.17.23.pdf HRES 5/1/2023 1:00:00 PM
HB 20
HB 20 Public Testimony through 4.28.23.pdf HRES 5/1/2023 1:00:00 PM
HB 20
AIDEA Presentation - House Resources - FINAL 05.01.2023.pdf HRES 5/1/2023 1:00:00 PM