Legislature(2017 - 2018)ADAMS ROOM 519
04/09/2018 09:00 AM House FINANCE
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB78 | |
| HB216 | |
| HB129 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 129 | TELECONFERENCED | |
| += | SB 107 | TELECONFERENCED | |
| += | SB 78 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 216 | TELECONFERENCED | |
HOUSE BILL NO. 129
"An Act relating to sport fishing, hunting, or
trapping licenses, tags, or permits; relating to
penalties for certain sport fishing, hunting, and
trapping license violations; relating to restrictions
on the issuance of sport fishing, hunting, and
trapping licenses; creating violations and amending
fines and restitution for certain fish and game
offenses; creating an exemption from payment of
restitution for certain unlawful takings of big game
animals; relating to commercial fishing violations;
allowing lost federal matching funds from the Pittman
- Robertson, Dingell - Johnson/Wallop - Breaux
programs to be included in an order of restitution;
adding a definition of 'electronic form'; and
providing for an effective date."
10:34:19 AM
Co-Chair Foster relayed that the bill had been heard before
in committee and public testimony was CLOSED.
10:35:01 AM
AT EASE
10:35:33 AM
RECONVENED
BRUCE DALE, DIRECTOR, DIVISION OF WILDLIFE CONSERVATION,
DEPARTMENT OF FISH AND GAME (via teleconference), deferred
questions to the Department of Public Safety.
STEVE HALL, DIRECTOR, ALASKA WILDLIFE TROOPERS, DEPARTMENT
OF PUBLIC SAFETY (via teleconference), did not have
additional comments.
Co-Chair Foster listed additional individuals available for
questions.
10:37:07 AM
Representative Kawasaki noted that several sections of the
bill changed the consequence for violations from a
misdemeanor, upon conviction punishable by a fine, to a
Class A misdemeanor and punishable by a fine. He wondered
about the impact of the change in language.
AARON PETERSON, ATTORNEY IV, CRIMINAL DIVISION, OFFICE OF
SPECIAL PROSECUTION, DEPARTMENT OF LAW (via
teleconference), responded that the original language in
the bill would have changed all the non-classified
misdemeanors in Title 16 to Class A misdemeanors with
standard Class A misdemeanor penalties laid out in AS
12.55. He said that the amended version made them Class A
misdemeanors with maximum fine amounts.
Representative Kawasaki understood that under the current
bill a charge for violation could be appealed in court.
Mr. Peterson answered in the affirmative.
10:39:43 AM
Representative Pruitt referenced Page 2, section 3:
(h) A peace officer presented with an electronic
device under (g) of this section is immune from any
liability resulting from damage to the device.
Representative Pruitt asked what would happen if the
electronic device was damaged in the presentation of said
device to a peace officer. He thought that utilizing the
electronic device was a good idea but expressed concern
about the meaning of "liability" in the subsection.
Mr. Hall answered that the provision was intended to
protect the department from liability. If a person chose to
store their fishing license on their phone, rather than
have a paper copy the department would not be held liable
for any damage to the phone or other device.
Representative Pruitt offered an anecdote where a person
was asked to show their license even though they had not
committed a violation. He worried that the public would
have no recourse if they were asked to present their
license and then something happened to their device. He
thought that the department should claim some liability for
damage. He threatened to offer a conceptual amendment to
have the language removed.
10:44:28 AM
Representative Guttenberg asked whether there was precedent
for Representative Pruitt's concern.
Mr. Peterson replied that the reason that the section was
in the bill was based on situations in other states. He
offered an example of a person fishing in the rain using
their phone to show their license to an officer. He said
that if the device got wet and was damaged while the
trooper was performing their duties, the state would not be
liable for damages to the device. He said that if the
officer was grossly negligent it could be an issue for the
civil division of law.
10:47:07 AM
Representative Guttenberg understood it was a civil law
issue.
Mr. Peterson explained that there was a duty of care that
law enforcement was required to exhibit when taking
possession of belongings, an impounded vehicle, for
example. He said that "due care" would be used by law
enforcement and the liability would depend on the facts of
the interaction.
10:48:39 AM
Representative Ortiz understood the concern; however, there
was a certain amount of acceptance of the risk of having
the only copy of the licenses in an electronic format. He
thought an individual had to calculate that risk when
deciding whether to carry a paper or electronic license. He
would oppose the conceptual amendment if offered.
Representative Wilson asked to hear from someone from the
Civil Division of the Department of Law. The language
stated, "immune from any damage to a device." She did not
think proper care had anything to do with it. She did not
think anyone should be completely immune to possible damage
of property.
Co-Chair Foster held the bill until the afternoon meeting.
Representative Wilson requested more information on the
issue. She thought the bill could be written in a better
way.
HB 129 was HEARD and HELD in committee for further
consideration.
Co-Chair Foster discussed housekeeping.