04/05/1993 08:35 AM House FIN

  HOUSE BILL NO. 172                                                           
                                                                               
       "An Act relating  to the wildlife conservation  tag and                 
       to  entry onto  state  game  and wildlife  sanctuaries,                 
       state game  refuges, state  range areas,  and fish  and                 
       game  critical  habitat  areas; and  providing  for  an                 
       effective date."                                                        
                                                                               
  Representative  Foster  provided  members  with a  Committee                 
  Substitute for HB 172, Work Draft 8-LS0650\K (Attachment 2).                 
  Representative Foster explained  amendments to HB 172.   The                 
  first amendment deletes  the ability of the  Commissioner of                 
  Department  of  Fish and  Game  to designate  by regulation,                 
  areas of the state  where the tag would  be mandatory.   The                 
  Commissioner  may  request  the   legislature  to  designate                 
  additional areas where the tag would be required.                            
                                                                               
  Representative Foster observed that the second amendment was                 
  requested by Co-Chair MacLean.  The second amendment exempts                 
  Alaskan residents from  the tag requirement.   The tag would                 
  be required  for nonresidents  visiting, or  applying for  a                 
  permit to  visit the McNeil  river Sanctuary  or the  Walrus                 
  Island Sanctuary.                                                            
                                                                               
  Representative Foster  MOVED to ADOPT,  Committee Substitute                 
  for  HB  172,  Work  Draft  8-LS0650\K.     There  being  NO                 
  OBJECTION, it was so ordered.                                                
                                                                               
  Representative Brown asked  if all  state game and  wildlife                 
  sanctuaries are included.                                                    
                                                                               
  GERON  BRUCE, LEGISLATIVE  LIAISON, DEPARTMENT  OF FISH  AND                 
  GAME  clarified  that  areas  other  than the  McNeil  river                 
  Sanctuary and Walrus Island Sanctuary would not be included.                 
  The  Commissioner  may request  the  legislature to  include                 
  other areas through additional legislation.                                  
                                                                               
  (Tape Change, HFC 93-93, Side 2)                                             
                                                                               
  Representative  Parnell  expressed concerns  regarding equal                 
  protection  provisions.   Representative Hanley  assured him                 
                                                                               
                                                                               
  that Legal Counsel advised that  equal protection should not                 
  create a problem with the legislation.                                       
                                                                               
  Mr. Bruce commented  that the second amendment  would reduce                 
  revenues  to support  the program.   He emphasized  that the                 
  program may take  longer to reach fruition  with the reduced                 
  funding.                                                                     
                                                                               
  Mr.  Bruce  clarified,   in  response   to  a  question   by                 
  Representative Martin, that  a permit is  needed to land  on                 
  Walrus Island.                                                               
                                                                               
  Representative Hanley noted  that tag purchases will  not in                 
  all  cases  be voluntary.    Representative Hanley  MOVED to                 
  delete "voluntary"  from page  2, line  5.   There being  NO                 
  OBJECTION, it was so ordered.                                                
                                                                               
  Representative  Martin  expressed concern  that out-of-state                 
  visitors will be treated differently.                                        
                                                                               
  Representative Foster MOVED to report CSHB 172  (FIN) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.  Representative Parnell OBJECTED.                 
  He reiterated  his concern that  the legislation will  be in                 
  conflict with equal protection requirements.  Representative                 
  Grussendorf did felt that CSHB 172 (FIN) would be upheld.                    
                                                                               
  Representative  Brown noted that a  new fiscal note from the                 
  Department of Fish and Game will be needed.  Co-Chair Larson                 
  noted  that  the  bill  will  be  transmitted   with  a  new                 
  Department of Fish and Game fiscal note.                                     
                                                                               
  A roll call  vote was taken on  the motion to move  CSHB 172                 
  (FIN) from committee.                                                        
                                                                               
  IN FAVOR: Brown,  Grussendorf,  Hoffman,   Navarre,  Foster,                 
                 Hanley, Therriault, Larson                                    
  OPPOSED:  Martin, Parnell                                                    
                                                                               
  Co-Chair MacLean was absent from the vote.                                   
                                                                               
  The MOTION PASSED (8-2).                                                     
                                                                               
  CSHB 172  (FIN)  was  reported  out of  Committee  with  "no                 
  recommendation"  and  with  a  fiscal  impact  note  by  the                 
  Department of Fish and Game, dated 3/5/93.