Legislature(2015 - 2016)GRUENBERG 120
03/29/2016 10:00 AM House FISHERIES
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation(s): Alaska Board of Fisheries (bof) | |
| HB241 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 241 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 241-NONRESIDENT SURCHARGE COMMERCIAL FISHING
10:18:18 AM
CHAIR STUTES announced that the final order of business would be
HOUSE BILL NO. 241, "An Act relating to the nonresident
surcharge for commercial fishing permits."
10:18:48 AM
GRACE ABBOTT, Staff, Representative Charisse Millett, Alaska
State Legislature, focused on the outstanding questions, from
the previous hearings on HB 241, regarding establishment of
residency and use of the permanent fund dividend (PFD) resident
determination criteria, as an interface program. The bill
limits the definition of residency to the PFD statutes related
to residency; AS 43.23.005 subsection (2)-(7), which read:
Sec. 43.23.005. Eligibility.
(a) An individual is eligible to receive one
permanent fund dividend each year in an amount to be
determined under AS 43.23.025 if the individual
(1) applies to the department;
(2) is a state resident on the date of
application;
(3) was a state resident during the entire
qualifying year;
(4) has been physically present in the state for
at least 72 consecutive hours at some time during the
prior two years before the current dividend year;
(5) is
(A) a citizen of the United States;
(B) an alien lawfully admitted for permanent
residence in the United States;
(C) an alien with refugee status under federal
law; or
(D) an alien that has been granted asylum under
federal law;
(6) was, at all times during the qualifying year,
physically present in the state or, if absent, was
absent only as allowed in AS 43.23.008; and
(7) was in compliance during the qualifying year
with the military selective service registration
requirements imposed under 50 U.S.C. App. 453
(Military Selective Service Act), if those
requirements were applicable to the individual, or has
come into compliance after being notified of the lack
of compliance.
10:21:52 AM
REPRESENTATIVE MILLETT noted that amendments to the bill,
discussed at the previous hearing, are no longer considered
necessary through the use of the broad language contained in
this section of statutes.
10:22:59 AM
REPRESENTATIVE KREISS-TOMKINS asked what sort of enforcement
actions the commission has taken against anyone in violation of
the current residency requirements. Also, he queried how the
duties for establishing the residency information interface,
employing the PFD statutes, will be organized and handled within
the department.
10:23:58 AM
BENJAMIN BROWN, Commissioner, Commercial Fisheries Entry
Commission (CFEC), Alaska Department of Fish & Game (ADF&G),
directed attention to the four page memo, to himself, from Frank
Glass, Adjudications Project Leader, CFEC, dated March 25, 2016,
which reviews the residency concerns, provides background
information, addresses administrative costs for investigation
and enforcement, and includes recommendations and conclusions.
He pointed out that applicants must sign the completed form,
under penalty of perjury, which includes ticking the box
indicating Alaskan residency. The penalty of perjury in this
situation is referred to as unsworn falsification. With the
passage of HB 241, the application form would be revised to
contain the stricter signed testament for being an Alaskan
resident as defined under the PFD requirements. He reported
that there have been charges brought, when people claim false
residency.
10:26:30 AM
REPRESENTATIVE KREISS-TOMKINS asked for a historic sense of
scale regarding the number of false claims.
MR. BROWN said there are not many offenders, and estimated less
than 100. The process operates on an honor system, and staff do
not work as investigators seeking out violations, but will act
on direct reports.
REPRESENTATIVE KREISS-TOMKINS asked about the organization
aspect for implementing the administrative interface between the
cooperating agencies.
10:27:26 AM
KEVIN BROOKS, Deputy Commissioner, Alaska Department of Fish &
Game (ADF&G), said the administration would be conducted in a
"business as usual" manner, as many functions are similar.
Violators are not actively pursued, but ADF&G works closely with
enforcement agencies.
10:28:31 AM
REPRESENTATIVE ORTIZ inquired whether passage of HB 241 will
enhance the levels of residency verifications and be an
improvement to the situation.
MR. BROWN conjectured that the bill will raise the bar and may
result in a truer assessment of non-resident surcharges.
10:29:47 AM
REPRESENTATIVE HERRON asked what the collateral benefit is to a
permit holder, in not paying the surcharge.
MR. BROWN responded that the surcharge is only $215.00, and many
fishermen may not want to be bothered with the paperwork,
preferring instead to pay the fee.
10:31:07 AM
CHAIR STUTES opened public testimony. Seeing no respondents she
then closed public testimony.
10:31:45 AM
REPRESENTATIVE KREISS-TOMKINS moved to report HB 241 out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, HB 241 was reported
from the House Special Committee on Fisheries.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Fisheries - Cain.pdf |
HFSH 3/29/2016 10:00:00 AM |
|
| Support Ruffner Cain Payton - SOKI.pdf |
HFSH 3/29/2016 10:00:00 AM |
|
| Support Ruffner & Cain for BOF -UFA.pdf |
HFSH 3/29/2016 10:00:00 AM |
|
| HB241 Backup CFEC Glass memo on residency claims.pdf |
HFSH 3/29/2016 10:00:00 AM |
HB 241 |