Legislature(2025 - 2026)BARNES 124

03/26/2025 01:00 PM House RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 140 CREATE DEPARTMENT OF AGRICULTURE TELECONFERENCED
Heard & Held
+= HB 93 RESIDENCY REQ: HUNTING, TRAPPING, FISHING TELECONFERENCED
Moved HB 93 Out of Committee
-- Public Testimony <Time Limit May Be Set> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                                                                                                                                
        HB  93-RESIDENCY REQ: HUNTING, TRAPPING, FISHING                                                                    
                                                                                                                                
2:06:00 PM                                                                                                                    
                                                                                                                                
CO-CHAIR BURKE  announced that the  next order of  business would                                                               
be  HOUSE   BILL  NO.   93,  "An   Act  changing   the  residency                                                               
requirements   for   hunting,   trapping,   and   sport   fishing                                                               
privileges; and providing for an effective date."                                                                               
                                                                                                                                
2:06:20 PM                                                                                                                    
                                                                                                                                
CO-CHAIR BURKE opened public testimony on HB 93                                                                                 
                                                                                                                                
2:06:46 PM                                                                                                                    
                                                                                                                                
DAVID  EGELSTON,  representing  self,  stated  that  he  strongly                                                               
supported  HB  93,  explaining  that  it  would  tighten  up  the                                                               
loopholes that  allow possibly thousands of  people to improperly                                                               
claim residency in  Alaska.  Communities in  Southeast Alaska see                                                               
people  come from  out  of state  and buy  property,  get a  post                                                               
office box,  and call it  a permanent  residence so they  can run                                                               
subsistence long lines for halibut,  net fish, and hunt big game,                                                               
taking  advantage  of the  more  liberal  bag limits  for  Alaska                                                               
residents.   In  one  community  on Prince  of  Wales Island,  he                                                               
estimated these  "fake residents"  to be almost  50 percent.   If                                                               
these  people  were  to  buy  non-resident  licenses,  the  ADF&G                                                               
revenue   would  be   greatly  increased,   and  fish   and  game                                                               
populations  would be  more available  to Alaska  residents.   He                                                               
pointed out  that rural subsistence  users struggle to  deal with                                                               
the effects  of climate  change, and limiting  the take  of these                                                               
non-residents would  leave more animals and  fish for subsistence                                                               
use.                                                                                                                            
                                                                                                                                
2:09:17 PM                                                                                                                    
                                                                                                                                
NICHOLAS  ORR, representing  self, provided  background regarding                                                               
permits of  federally qualified hunters,  characterizing it  as a                                                               
rural versus urban  issue.  He summarized the  federal system and                                                               
the state  system as  it pertained  to hunting  and fishing.   He                                                               
also  expressed  his  opinion  that there  was  some  small  town                                                               
settling of scores  involved with this legislation.   He answered                                                               
questions from  Representative Saddler and  Representative Fields                                                               
regarding  the  definition  of  federally  qualified  status  and                                                               
whether  the  organizations he  is  associated  with support  the                                                               
bill.                                                                                                                           
                                                                                                                                
2:15:36 PM                                                                                                                    
                                                                                                                                
JEN LEAHY, representing  self, expressed support for HB  93.  She                                                               
explained that her  family relies on fish  and wildlife resources                                                               
for subsistence and personal use.   She described the changes she                                                               
and her  partner have  seen over  the past 20  years in  terms of                                                               
decreased  abundance  and  increased competition  for  resources.                                                               
She stated her  belief that the best way to  avoid user conflicts                                                               
is to  ensure that  the harvest limits  allowed for  Alaskans are                                                               
being utilized  only by  Alaska residents.   She saw  HB 93  as a                                                               
tool for corrective  action, pointing out that  the definition of                                                               
residency  was  too  broad  and difficult  to  enforce,  but  the                                                               
legislation would  create additional barriers  for non-residents.                                                               
She  said she  valued  the role  that  non-residents hunters  and                                                               
anglers  play in  the outdoor  recreation  economy but  supported                                                               
using the PFD requirement as a means of defining residency.                                                                     
                                                                                                                                
2:19:00 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  BURKE, after  ascertaining there  was no  one else  who                                                               
wished to testify, closed public testimony.                                                                                     
                                                                                                                                
2:19:18 PM                                                                                                                    
                                                                                                                                
                                                                                                                                
REPRESENTATIVE  RAUSCHER moved  to adopt  Amendment 1  to HB  93,                                                               
labeled 34-LS0058\N.2, Bullard, 3/17/25, which read as follows:                                                                 
                                                                                                                                
     Page 2, line 2:                                                                                                            
          Delete "was absent only"                                                                                          
          Insert "(A)  was absent"                                                                                        
                                                                                                                              
     Page 2, line 3, following "AS 43.23.008;":                                                                             
          Insert "or                                                                                                        
               (B)  holds a permanent identification card                                                                   
     issued under AS 16.05.400(b) and was absent providing                                                                  
     care for a family member who is ill;"                                                                                  
                                                                                                                                
     Page 2, line 15:                                                                                                           
          Delete "was absent only"                                                                                          
          Insert "(A)  was absent"                                                                                          
                                                                                                                              
     Page 2, line 16, following "AS 43.23.008;":                                                                            
          Insert "or                                                                                                        
               (B)  holds a permanent identification card                                                                   
     issued under AS 16.05.400(b) and was absent providing                                                                  
     care for a family member who is ill;"                                                                                  
                                                                                                                                
2:19:26 PM                                                                                                                    
                                                                                                                                
CO-CHAIR BURKE objected for the purposes of discussion.                                                                         
                                                                                                                                
2:19:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  explained that Amendment 1  would add an                                                               
allowance  to  the  PFD  exemption  list  that  would  permit  an                                                               
individual to exceed  the 90- or 45-day extension  if the absence                                                               
was for the purpose of providing  care to a family member who was                                                               
ill.                                                                                                                            
                                                                                                                                
2:23:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER  responded   to  concerns  expressed  by                                                               
Representative  Saddler and  Representative Mears  regarding what                                                               
they perceived  as the meaning  of "ill" and "providing  care" to                                                               
be too  vague.  On  the issue of how  to calculate the  number of                                                               
allowable days, he  explained the primary purpose was  to close a                                                               
loophole.   Regarding a related  concern, he explained it  is not                                                               
about setting a  clock but rather says an individual  has met the                                                               
reason for being exempt.                                                                                                        
                                                                                                                                
2:26:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT,  Alaska State  Legislature,  addressed                                                               
the  concerns  raised  by committee  members  and  described  the                                                               
excused absences defined by the  PFD statute.  She suggested that                                                               
for the  handful of  people not  covered by  the PFD  language, a                                                               
change in  the dividend statute  would ensure that HB  93 aligned                                                               
with the PFD  statute.  She reminded the committee  that the bill                                                               
had a  full year  before its  effective date  to allow  people to                                                               
maintain their residency.                                                                                                       
                                                                                                                                
2:28:44 PM                                                                                                                    
                                                                                                                                
CO-CHAIR BURKE maintained her objection.                                                                                        
                                                                                                                                
2:28:52 PM                                                                                                                    
                                                                                                                                
A roll call vote was  taken.  Representatives Coulombe, Rauscher,                                                               
Saddler,  and Elam  voted  in  favor of  Amendment  1  to HB  93.                                                               
Representatives  Fields, Hall,  Mears,  Dibert,  and Burke  voted                                                               
against it.   Therefore, Amendment  1 failed  to be adopted  by a                                                               
vote of 5-4.                                                                                                                    
                                                                                                                                
2:29:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DIBERT moved  to  report HB  93,  work order  34-                                                               
LS0058\N  out of  committee with  individual recommendations  and                                                               
the attached zero fiscal note.                                                                                                  
                                                                                                                                
2:29:51 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:29 p.m. to 2:31 p.m.                                                                       
                                                                                                                                
2:31:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COULOMBE  objected for the purpose  of discussion.                                                               
She  pointed  out  that  an application  for  a  permit  requires                                                               
extensive answers  to questions, and  she did not  understand why                                                               
the wildlife  troopers would  question the  permit in  the field.                                                               
She followed  that question  by asking  whether the  questions on                                                               
the application  would change  if this bill  was adopted,  and if                                                               
so, would the wildlife troopers  stop questioning the validity of                                                               
permits.                                                                                                                        
                                                                                                                                
2:32:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT explained  that spot  checking includes                                                               
determining whether a  person has a license  and also determining                                                               
whether a person is under resident or non-resident rules.                                                                       
                                                                                                                                
2:33:17 PM                                                                                                                    
                                                                                                                                
THATCHER BROUWER,  Staff, Representative Himschoot,  Alaska State                                                               
Legislature, clarified that with a  regular fish and game license                                                               
or  a  trapping  license,  the  applicant  self-certifies.    The                                                               
application has  a series  of questions,  and the  troopers would                                                               
ensure  that  a  person  was  honest when  they  filled  out  the                                                               
application.                                                                                                                    
                                                                                                                                
2:34:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HIMSCHOOT  responded to  Representative Coulombe's                                                               
question regarding how to determine  whether a license-holder was                                                               
honest.   She  explained  that  the troopers  asked  a number  of                                                               
questions  including the  license-holder's domicile,  and if  the                                                               
troopers suspected a problem, they would follow up on-line.                                                                     
                                                                                                                                
2:34:50 PM                                                                                                                    
                                                                                                                                
BRYAN  BARLOW,  COLONEL,   Director,  Alaska  Wildlife  Troopers,                                                               
Department  of   Public  Safety,  answered   questions  regarding                                                               
hunting,  fishing,  and  trapping   license  certification.    In                                                               
response  to  questions  posed  by  Representative  Coulombe,  he                                                               
explained that  the licenses were  applied for and  received from                                                               
ADF&G.    It  was  assumed   that  the  information  received  is                                                               
accurate, and  the license is  issued based on  that information.                                                               
It has  been common for  the troopers to  contact license-holders                                                               
in  the field  and ask  questions as  part of  normal enforcement                                                               
efforts.   Verifying  residency is  part of  the process,  and if                                                               
issues come  up during the conversations,  the department follows                                                               
up   later  and   might  initiate   a  residency   investigation.                                                               
Otherwise, the wildlife  troopers have been dependent  on tips or                                                               
information coming from other entities.   Such investigations are                                                               
very time intensive.   Because the licenses are  issued by ADF&G,                                                               
the Department of  Public Safety is not part  of the verification                                                               
process.   In addition,  troopers in  the field  may see  cues or                                                               
factors that  indicate a  person who  claims a  residence license                                                               
might not be a resident, and the department will follow up.                                                                     
                                                                                                                                
2:38:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT pointed  out that  licenses are  mostly                                                               
online now, but  they are also sold in convenience  stores and on                                                               
board charter boats so that they are convenient for to purchase.                                                                
                                                                                                                                
2:40:00 PM                                                                                                                    
                                                                                                                                
COLONEL  BARLOW  responded  to  a  question  from  Representative                                                               
Coulombe regarding  the number  of residency  investigations they                                                               
conducted,  explaining  that  they  conducted  approximately  118                                                               
residency investigations  a year.   He explained that he  did not                                                               
have the  information at  that time regarding  how many  of those                                                               
were "forever licenses."                                                                                                        
                                                                                                                                
2:40:31 PM                                                                                                                    
                                                                                                                                
COLONEL  BARLOW  addressed  a question  posed  by  Representative                                                               
Rauscher by explaining  that the troopers would  assume a license                                                               
is  legitimate  and has  been  obtained  legitimately until  they                                                               
received  or encountered  cues, information,  or statements  that                                                               
led  them to  believe that  might not  be the  case.   Then there                                                               
would  be a  residency  investigation which  weighs factors  from                                                               
multiple  sources   and  databases.    Unless   a  trooper  finds                                                               
information  on-scene that  shows  the license-holder  is not  an                                                               
Alaska resident,  that individual  could continue to  hunt, fish,                                                               
or trap until the residency investigation is complete.                                                                          
                                                                                                                                
2:44:46 PM                                                                                                                    
                                                                                                                                
COLONEL  BARLOW, in  response to  a question  from Representative                                                               
Mears,  explained that  although  the department  was neutral  on                                                               
this legislation, the proposed law would make determining                                                                       
residency more succinct.                                                                                                        
                                                                                                                                
2:47:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COULOMBE explained that she did not support the                                                                  
bill but removed her objection.                                                                                                 
                                                                                                                                
2:48:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR BURKE announced that there being no objection, HB 93                                                                   
was reported out of committee.                                                                                                  

Document Name Date/Time Subjects
Letter of Support for HB 140 AK Department of Ag 3.25.pdf HRES 3/26/2025 1:00:00 PM
HB 140
HB 93 H RES amendment 1.pdf HRES 3/26/2025 1:00:00 PM
HB 93
HB 140 Alaska Food Policy Council, Policy Brief, Department of Agriculture 2025.pdf HRES 3/26/2025 1:00:00 PM
HB 140
HB 140 Sectional Analysis.pdf HRES 3/26/2025 1:00:00 PM
HB 140
HB 140 Department of Agriculture Presentation.pdf HRES 3/26/2025 1:00:00 PM
HB 140
HB 140 Department of Agriculture White Paper 2024.pdf HRES 3/26/2025 1:00:00 PM
HB 140
HB 140 Sponsor Statement.pdf HRES 3/26/2025 1:00:00 PM
HB 140
HB 140 fiscal note 3.pdf HRES 3/26/2025 1:00:00 PM
HB 140
HB 140 fiscal note 1.pdf HRES 3/26/2025 1:00:00 PM
HB 140
HB 140 fiscal note 2.pdf HRES 3/26/2025 1:00:00 PM
HB 140