Legislature(2017 - 2018)BARNES 124
04/03/2017 01:00 PM House RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s): | |
| HB129 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 129 | TELECONFERENCED | |
HB 129-FISH & GAME: OFFENSES;LICENSES;PENALTIES
1:21:11 PM
CO-CHAIR JOSEPHSON announced that the final order of business
would be 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."
1:21:23 PM
BERNARD CHASTAIN, Major and Deputy Director, Headquarters,
Division of Alaska Wildlife Troopers (AWT), Department of Public
Safety (DPS), said two substantive changes from House Bill 286
[proposed in the 29th Alaska State Legislature] found in HB 129
are: 1. Some restitution amounts for big game animals are
changed in section 17; 2. Section 18 was added to direct that a
person who self-reports may not be ordered to pay restitution.
CO-CHAIR JOSEPHSON relayed that the Department of Law (DOL)
advised self-reported unlawful takings in 2014 totaled 111, in
2015 totaled 115, and in 2016 totaled 114, numbers that
represent approximately 33 percent of big game cases handled by
AWT each year statewide. He remarked on the number of people
who have tried to mitigate harm and questioned whether self-
reported cases will rise - in a disingenuous way - in response
to the legislation.
MAJOR CHASTAIN stated AWT and ADFG have in the last five to ten
years encouraged self-reporting. He expressed his belief that
the legislation will not lead to an increase in self-reported
cases.
REPRESENTATIVE PARISH asked for an estimate of unreported
violations, and whether there is any data in this regard.
MAJOR CHASTAIN said the number is hard to know; missions and
measures for his division seek a 95-96 percent compliance rate
based on the number of violations that are discovered, which is
consistent year-around; for example, for one hundred people
contacted, four to five violations are found. Otherwise, he
said he did not have an answer. In further response to
Representative Parish, he clarified that the one hundred contact
rate reflects hunting, fishing, and trapping.
1:27:51 PM
REPRESENTATIVE JOHNSON referred to a change in the bill [found
on page 2, lines 13 and 17].
MAJOR CHASTAIN explained the addition of "this or" in the bill
[on page 2, lines 13 and 17] means a person may not receive a
sport fishing, hunting, or trapping license if said license has
been revoked in another state or in Alaska.
REPRESENTATIVE JOHNSON called attention to the bill [on page 3,
line 29] and asked whether a transfer station would be
considered a solid waste disposal facility.
MAJOR CHASTAIN was unsure and said he would provide an answer to
the committee.
CO-CHAIR JOSEPHSON concluded that the bill provides "stiffer"
fines for restitution and is easier to prosecute; however,
changing crimes to violations means violators are not subject to
criminal jailtime.
MAJOR CHASTAIN agreed that the bill provides more tools for law
enforcement and for prosecution in that prosecutors may
determine appropriate charges, and restitution amounts are
increased to reflect inflation.
1:32:20 PM
REPRESENTATIVE PARISH recalled AWT's current practice is to not
charge a full fee to those who self-report. He asked for the
number of violators who have self-reported and have not been
charged.
MAJOR CHASTAIN said the overwhelming majority of those who self-
report is charged a violation offense with no additional
restitution. In a few cases judges have implemented
restitution, thus the bill will prevent adding restitution to
certain violation offenses.
REPRESENTATIVE WESTLAKE directed attention to the bill on page
5, line 28, which read:
(c) A defendant may not be ordered to pay restitution
under (b) of this section
REPRESENTATIVE WESTLAKE suggested "may not" should be replaced
with "shall not."
1:34:54 PM
AARON PETERSON, Assistant Attorney General, Office of Special
Prosecutions, Fish and Game, Criminal Division, Department of
Law, advised that "... when 'shall' is accompanied by a negative
word, the word 'shall' usually means 'may' in fact, so, because
what's being negated is the permission, not the requirement."
He concluded that the legislation as currently drafted is most
correct and this is "widely understood."
REPRESENTATIVE WESTLAKE pointed out that many people affected by
the proposed legislation are " ... people that don't have very
much money that are out there doing these things and they aren't
going to be ... able to hire people to go defend themselves and
I really don't want any wiggle room for a judge over there to be
arguing semantics ...." He stressed the legislature's intent
should be clear.
CO-CHAIR JOSEPHSON asked Mr. Peterson if the legislation directs
that the defendant cannot be ordered to pay restitution.
MR. PETERSON said yes, the correct grammatical reading of the
bill is that they may not and "they do not have the discretion
to order restitution as it's currently drafted."
REPRESENTATIVE PARISH asked why certain offenders have had to
pay restitution.
MAJOR CHASTAIN noted his experience has shown that each case is
different, and a judge or magistrate in a local area has the
ability to use discretion, and decide that restitution is
necessary. His division provides DOL with sentencing
recommendations and the current directive to troopers is that
restitution should not be applied to self-reported cases.
CO-CHAIR JOSEPHSON asked for the penalties that could still
apply to an offender who immediately self-reports.
1:42:04 PM
MAJOR CHASTAIN stated that currently, taking an illegal moose is
a misdemeanor and a person who self-reports and salvages the
meat can have his/her charge reduced to a violation offense with
a penalty under AS 12.55 of a maximum of $500; however, a person
who does not self-report and is caught can be charged a
misdemeanor with the possibility of jailtime, the forfeiture of
equipment, the revocation of licenses, and more.
1:43:59 PM
MR. PETERSON, in response to Co-Chair Josephson, clarified that
a previous offense could be used for "historical reference
purposes"; for example, if a person took a sublegal moose and
next year did the same, DPS and DOL would consider his/her
history of offenses.
REPRESENTATIVE PARISH inquired as to DPS's position on a
proposed amendment to section 18 adding a third stipulation
"that it was their only offense within, say, a five-year
period."
MAJOR CHASTAIN opined that adding another stipulation is a
policy decision and his division would not have a concern;
however, he cautioned against taking tools away from law
enforcement and establishing in statute language "that somewhat
boxes us in."
REPRESENTATIVE PARISH pointed out his amendment would be related
only to paying restitution.
1:48:01 PM
CO-CHAIR JOSEPHSON opened public testimony.
1:48:26 PM
THOR STACEY, speaking as the lobbyist for the Alaska
Professional Hunters Association (APHA), directed attention to
section 18 as related to animals that need sealing. He said
when a sheep is harvested, to determine if it is legal, the
horns are presented to ADFG where a qualified expert catalogs
and records the animal. If the animal is not legal by the
state's definition, it is confiscated. Mr. Stacey stressed that
presenting the horns to ADFG is obviously voluntary, but
questioned whether that action is considered "an immediate and
voluntary turn-in." This could also apply to a bear. The
Alaska Professional Hunters Association suggests that from a
hunting guide's perspective, immediate reporting may require a
wildlife trooper to fly to the hunter's location. If a hunter
does not believe an animal is illegal, the concern is that a
hunter may be in a remote location and thus time is needed to
get back to town and present the animal to be sealed. He noted
this question has previously arisen.
MAJOR CHASTAIN gave the example of Dall sheep that are required
to be sealed. He acknowledged a guide may not know whether an
animal is legal, but big game guides are trained and paid to
know the size of an animal taken. However, if a sheep that is
grossly illegal is brought in by a first-time hunter "we may
have to look at that differently." Also, any guide or hunter
has the ability to call in and report an animal that may not be
legal, therefore one does not have to wait until it is presented
to ADFG to be sealed.
MR. STACEY agreed a professional guide does have a role in the
chain of responsibility and his remarks are provided on behalf
of APHA and its client-hunters.
1:55:03 PM
AL BARRETTE spoke in support of the bill, except for the
difficult position of AWTs when they are acting on behalf of the
executive branch and make judicial decisions in the field or in
the office. He said Major Chastain has fully explained the bill
and there are forthcoming amendments. In response to Co-Chair
Josephson, he said the amendments are related to rescinding
taxidermy licenses, the second degree of kindred in determining
bag limits, and allowing legally harvested big game to be sold.
1:58:31 PM
CO-CHAIR JOSEPHSON, after ascertaining no one else wished to
testify, closed public testimony.
[HB 129 was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 129 02.14.17 Transmittal Letter.pdf |
HRES 3/29/2017 1:00:00 PM HRES 4/3/2017 1:00:00 PM |
HB 129 |
| HB 129 Sectional.pdf |
HRES 3/29/2017 1:00:00 PM HRES 4/3/2017 1:00:00 PM |
HB 129 |
| HB0129 Fiscal Note DFG 2.15.17.PDF |
HRES 3/29/2017 1:00:00 PM HRES 4/3/2017 1:00:00 PM |
HB 129 |
| HB0129 Fiscal Note DPS 2.15.17.PDF |
HRES 4/3/2017 1:00:00 PM |
HB 129 |
| HB0129A.PDF |
HRES 3/29/2017 1:00:00 PM HRES 4/3/2017 1:00:00 PM |
HB 129 |
| Stanley Hoffman_Redacted.pdf |
HRES 4/3/2017 1:00:00 PM |
Board of Game |
| Adam Trombley 2015_Redacted.pdf |
HRES 4/3/2017 1:00:00 PM |
Big Game Commercial Services Board |
| HB 129 Dept of Law Email.htm |
HRES 4/3/2017 1:00:00 PM |
HB 129 |