04/09/2021 01:00 PM House RESOURCES

         HB 26-CONFLICT OF INTEREST: BD FISHERIES/GAME                                                                      
                                                                                                                                
1:08:51 PM                                                                                                                    
                                                                                                                                
CHAIR PATKOTAK  announced that the  only order of  business would                                                               
be  HOUSE BILL  NO.  26,  "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."                                                                                                                
                                                                                                                                
1:09:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GERAN  TARR, Alaska  State Legislature,  on behalf                                                               
of the  House Special Committee  on Fisheries, sponsor of  HB 26,                                                               
introduced her staff, Thatcher Brouwer, to present.                                                                             
                                                                                                                                
1:10:00 PM                                                                                                                    
                                                                                                                                
THATCHER BROUWER, Staff, Representative  Geran Tarr, Alaska State                                                               
Legislature,  on behalf  of Representative  Tarr, who  chairs the                                                               
House Special Committee on Fisheries,  sponsor of HB 26, detailed                                                               
answers  to   questions  remaining  after  the   House  Resources                                                               
Standing Committee meeting  on March 31, 2021.  He  referred to a                                                               
memorandum  ("memo") from  Alpheus  Bullard, Legislative  Counsel                                                               
[included   in    the   committee   packet],    which   addressed                                                               
Representative Fields'  inquiry as to how  other Executive Branch                                                               
boards and commissions  manage member conflicts of  interest.  He                                                               
explained  that  other  boards  and  commissions  have  the  same                                                               
requirements  for disclosure  and recusal  in both  deliberations                                                               
and voting.   He also noted AS 39.52.120(c),  which is applicable                                                               
only to members  of the Boards of Fisheries and  Game and read as                                                               
follows:                                                                                                                        
                                                                                                                                
          (c)  In  addition  to  other  provisions  of  this                                                                    
     section, a public officer who  is a member of the Board                                                                    
     of Fisheries  or the  Board of  Game may  not act  on a                                                                    
     matter before the  board if the public  officer has not                                                                    
     disclosed in  the manner  set out  in AS  39.52.220 all                                                                    
     personal  or  financial  interests  in  a  business  or                                                                    
     organization relating to fish or game resources.                                                                           
                                                                                                                                
MR. BROUWER  then directed attention  to a document  [included in                                                               
the  committee packet]  detailing  definitions  of an  "immediate                                                               
family  member", "financial  interest", "personal  interest", and                                                               
"official action".   Mr. Brouwer also noted that  he would answer                                                               
any further questions committee members may have.                                                                               
                                                                                                                                
1:12:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  moved to adopt Amendment  1, labeled 32-                                                               
LS0227\A.1, Bullard, 3/31/21, which read as follows:                                                                            
                                                                                                                                
     Page 1, lines 1-2:                                                                                                         
          Delete "and  the Board of  Game by the  members of                                                                  
     the respective boards"                                                                                                   
          insert "by the members of the board"                                                                                
                                                                                                                                
     Page 2, line 26                                                                                                            
          Delete "or the Board of Game"                                                                                     
                                                                                                                                
     Page 2, line 31:                                                                                                           
          Delete "or the Board of Game"                                                                                         
                                                                                                                                
     Page 3, line 3:                                                                                                            
          Delete "fish or game"                                                                                                 
          Insert "fishery"                                                                                                      
                                                                                                                                
     Page 3, line 5:                                                                                                            
          Delete "respective"                                                                                                   
                                                                                                                                
1:12:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN objected for purposes of discussion.                                                                      
                                                                                                                                
1:12:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  expressed his  belief that HB  26 "seems                                                               
to  be a  Board of  Fisheries bill  instead of  a combination  of                                                               
both," so  Amendment 1  would remove  language pertaining  to the                                                               
Board of Game.                                                                                                                  
                                                                                                                                
1:13:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  said that the  Boards of Fisheries  and Game                                                               
have been  treated the same  under statute, so Amendment  1 would                                                               
cause a  policy deviation from  historical precedent.   She noted                                                               
that  the  committee  has  received  communication  from  hunting                                                               
organizations  that are  concerned about  the possibility  of the                                                               
two boards being treated differently.                                                                                           
                                                                                                                                
1:14:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN  said that she opposes  Amendment 1 because                                                               
statutorily and in  terms of disclosure the two  boards have been                                                               
treated the  same.  She stated  her belief that the  intent of HB
 is to make the discussion  of issues a matter of public record                                                               
and that  having the same  policy for  both boards adds  to their                                                               
credibility.                                                                                                                    
                                                                                                                                
1:16:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SCHRAGE  asked whether there has  been an instance                                                               
in  which a  statute for  either board  has been  amended without                                                               
affecting the other.                                                                                                            
                                                                                                                                
REPRESENTATIVE TARR said that this  question was addressed in the                                                               
aforementioned memo  from Mr.  Bullard, and  she deferred  to Mr.                                                               
Brouwer.                                                                                                                        
                                                                                                                                
MR.  BROUWER referred  to  the  second page  of  the memo,  which                                                               
informs the  reader that a  change that impacted both  boards was                                                               
made in 1992.                                                                                                                   
                                                                                                                                
1:17:37 PM                                                                                                                    
                                                                                                                                
ALPHEUS   BULLARD,   Legislative   Counsel,   Legislative   Legal                                                               
Services, Legislative  Affairs Agency, said that  the 1992 change                                                               
to the Executive Branch Ethics  Act "applied equally to the Board                                                               
of Fisheries and the Board of Game."                                                                                            
                                                                                                                                
1:18:48 PM                                                                                                                    
                                                                                                                                
KRISTY  TIBBLES,  Executive  Director,   Board  of  Game,  Boards                                                               
Support Section, Alaska  Department of Fish &  Game (ADF&G), said                                                               
that Amendment  1 to HB 26  would constitute a change  in process                                                               
leading to  inconsistency between  the two  boards, but  that the                                                               
change would be workable.                                                                                                       
                                                                                                                                
1:19:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SCHRAGE noted  that the  Boards of  Fisheries and                                                               
Game  occasionally   have  joint   meetings  and   asked  whether                                                               
Amendment 1 would impact those meetings.                                                                                        
                                                                                                                                
MS.  TIBBLES indicated  that the  [Boards Support  Section] would                                                               
consult with the Department of Law on that matter.                                                                              
                                                                                                                                
1:20:33 PM                                                                                                                    
                                                                                                                                
GLENN HAIGHT,  Executive Director II, Board  of Fisheries, Boards                                                               
Support Section, Alaska Department of  Fish & Game, said, "that's                                                               
something we  would lean on the  Department of Law for"  but "the                                                               
Department of Law  but that "probably the  default position would                                                               
be the one that's most cautious."                                                                                               
                                                                                                                                
REPRESENTATIVE SCHRAGE  added that, given the  uncertainty of how                                                               
joint  meetings  would  be  handled,  he  is  uncomfortable  with                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
1:21:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   CRONK  said   he   supports   Amendment  1   and                                                               
characterized HB  26 as "unnecessary  in the first  place because                                                               
it's trying to fix a problem that really wasn't there."                                                                         
                                                                                                                                
1:21:51 PM                                                                                                                    
                                                                                                                                
CHAIR  PATKOTAK  noted  that  the  representative  from  Resident                                                               
Hunters  of Alaska  should be  given an  opportunity to  speak to                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
1:22:32 PM                                                                                                                    
                                                                                                                                
MARK  RICHARDS, Executive  Director, Resident  Hunters of  Alaska                                                               
(RHAK), said that RHAK had  initially requested that the Board of                                                               
Game be removed from HB 26,  but that there are several unwritten                                                               
rules that  apply only to  the Board of  Fisheries, and he  is of                                                               
the  opinion that  both boards  should  be governed  by the  same                                                               
statute.   He  noted that  Representative  Cronk has  a point  in                                                               
noting that  recusals have  not been  a problem  in the  Board of                                                               
Game  but  opined  that  it  could benefit  the  public  to  have                                                               
discussions as a part of public  record.  He said that issues are                                                               
discussed privately  between board members, including  those with                                                               
a conflict  of interest,  prior to  the meetings,  therefore RHAK                                                               
doesn't expect  a possible  policy change under  HB 26  to affect                                                               
the  outcome of  any  vote.   He  concluded  that  RHAK does  not                                                               
support Amendment  1 and would  prefer to continue  the precedent                                                               
of both boards being treated equally under statute.                                                                             
                                                                                                                                
1:25:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER  characterized  HB  26  as  "a  solution                                                               
looking for  a problem" as pertains  to the Board of  Game, which                                                               
would be addressed by Amendment 1.                                                                                              
                                                                                                                                
1:26:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN maintained her objection.                                                                                 
                                                                                                                                
1:26:46 PM                                                                                                                    
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  McKay,  Cronk,                                                               
Rauscher,   and  Gillham   voted   in  favor   of  Amendment   1.                                                               
Representatives  Fields, Hopkins,  Hannan, Schrage,  and Patkotak                                                               
voted against it.  Therefore, Amendment  1 failed by a vote of 4-                                                               
5.                                                                                                                              
                                                                                                                                
1:27:30 PM                                                                                                                    
                                                                                                                                
CHAIR PATKOTAK announced that HB 26 would be held over.