Legislature(2017 - 2018)BARNES 124
02/23/2018 01:00 PM House RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| HB267 | |
| HB305 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 267 | TELECONFERENCED | |
| += | HB 305 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 267-RELEASE HUNTING/FISHING RECORDS TO MUNI
1:04:46 PM
CO-CHAIR JOSEPHSON announced that the first order of business
would be HOUSE BILL NO. 267, "An Act requiring the release of
certain records relating to big game hunters, guided hunts,
and guided sport fishing activities to municipalities for
verification of taxes payable; and providing for an effective
date."
[Before the committee was CSHB 267(CRA).]
CO-CHAIR JOSEPHSON opened public testimony.
1:05:38 PM
NIKKI REED, Assistant Finance Officer, Lake and Peninsula
Borough, read testimony on behalf of Susan Edwards, Finance
Officer, Lake and Peninsula Borough, as follows:
Mr. Chairman and committee members,
Passage of HB 267 would mean additional revenue to
the Lake and Peninsula Borough. The money collected
would support our schools, their programs, capital
projects, and as leverage for grants. In these
times of shrinking revenue - sharing expenditures by
the state - we and every other borough are looking
to maximize local revenue sources. There are two
points I would particularly like to bring to the
committee's attention: First, having access to the
hunt reports would help streamline [the] fall
collection process, eliminate paperwork for the
guides, ensure that every hunting guide doing
business within the borough was paying for the
harvesting of borough resources. Secondly, is the
issue of confidentiality that has been raised. Both
myself and the assistant finance officer, Nikki
Reed, are members of the Alaska Government Finance
Officers Association which has [a] confidentiality
clause in its code of ethics. Mrs. Reed is a
licensed paralegal with all the strictures of
confidentiality that comes with that certification.
Our borough code has its own confidentiality policy,
and the amendment to HB 267 which adds state
criminal penalties. I can certainly speak to the
integrity of our office and believe that I can speak
for my AGFOA colleagues across the state. We take
our responsibilities seriously because it is a
matter of public trust; without that there would be
no government. Mrs. Reed would be happy to answer
any of your questions.
1:09:31 PM
NATHAN HILL, Manager, Lake and Peninsula Borough, informed the
committee he is a lifelong Alaska resident. He said the
borough supports HB 267 for several reasons: the borough code
requires professional hunting and fishing guides to register
with the borough and pay a nominal per person per day use tax
on professional guides conducting guided fishing and hunting
parties within the borough boundaries; the tax is similar to
those on commercial fisheries' activities and other activities
of commerce. The tax is imposed on everyone, not just local
businesses, and without access to [state] reports, the borough
cannot independently verify if the activities reported are
correct. [HB 267] would make taxes equitable to all operators
who are paying taxes and complying, and fair to residents who
depend on the resource. He restated Lake and Peninsula
Borough's support for the passage of HB 267.
1:11:44 PM
CO-CHAIR JOSEPHSON, after ascertaining no one further wished
to testify, closed public testimony.
1:12:23 PM
REPRESENTATIVE RAUSCHER moved to adopt Amendment 1, labeled
30-LS0808\J.4, Bullard, 2/6/18, which read:
Page 1, line 13, through page 2, line 3:
Delete all material and insert:
"(2) to a municipality that levies a tax
on those activities, if the
(A) information concerns hunts or
activities occurring within the four calendar years
preceding the date of the request; and
(B) municipality
(i) requests the records for the purpose
of verifying taxes payable; and
(ii) agrees to maintain the
confidentiality of the records."
Page 2, line 31, through page 3, line 2:
Delete all material and insert:
"(5) records or reports of guided sport
fishing activities filed by a guide to a
municipality that levies a tax on those activities
if the
(A) municipality requests the records for
the purpose of verifying taxes payable; and
(B) activities occurred within the four
calendar years preceding the date of the request;"
Page 4, lines 3 - 13:
Delete all material.
Renumber the following bill section accordingly.
REPRESENTATIVE DRUMMAND objected for discussion purposes.
REPRESENTATIVE RAUSCHER explained Amendment 1 limits the time a
municipality is allowed to review [state] records to four years.
1:13:23 PM
TIM CLARK, Staff, Representative Bryce Edgmon, Alaska State
Legislature, on behalf of Representative Edgmon, sponsor,
informed the committee Representative Edgmon has no objection to
Amendment 1.
REPRESENTATIVE DRUMMOND withdrew her objection. There being no
further objection, Amendment 1 was adopted.
1:14:21 PM
REPRESENTATIVE RAUSCHER moved to adopt Amendment 2, labeled 30-
LS0808\J.5, Bullard, 2/19/18, which read:
Page 2, following line 3:
Insert a new bill section to read:
"* Sec. 2. AS 08.54.760 is amended by adding a new
subsection to read:
(d) The department may charge a municipality a
fee, set by the department under AS 37.10.050, to
provide a record under (b)(2) of this section."
Renumber the following bill sections accordingly.
Page 4, line 10:
Delete "sec. 2"
Insert "sec. 3"
CO-CHAIR JOSEPHSON objected for discussion purposes.
REPRESENTATIVE RAUSCHER explained Amendment 2 grants the
Department of Commerce, Community & Economic Development (DCCED)
the authority to charge a fee for providing a municipality
access to records, in order to help offset the additional fiscal
burden, and avoid the possibility of additional costs being
assessed to guides and hunters.
MR. CLARK said Representative Edgmon has no objection to
Amendment 2.
CO-CHAIR JOSEPHSON removed his objection.
1:16:09 PM
REPRESENTATIVE TALERICO objected for discussion purposes.
1:16:15 PM
EPRESENTATIVE RAUSCHER informed the committee he previously
obtained approval for Amendments 1 and 2 from the sponsor of the
bill.
1:16:28 PM
REPRESENTATIVE TALERICO withdrew his objection. There being no
further objection, Amendment 2 was adopted.
1:17:23 PM
REPRESENTATIVE PARISH moved to adopt Conceptual Amendment 3,
which read:
Page 2, Line 15:
After "reports." INSERT "The department may charge a
municipality a fee, set by the department under AS
37.10.050, to provide a record under (5) of this
subsection."
REPRESENTATIVE RAUSCHER objected for discussion purposes.
MR. CLARK said the sponsor of the bill has no objection to
Conceptual Amendment 3. The purpose of the amendment is to
allow the Alaska Department of Fish & Game, in addition to
DCCED, to recoup expenses from the municipalities for its work,
if warranted. In response to Co-Chair Josephson, he confirmed
Amendments 2 and 3 merely refer to different departments, and
are otherwise identical.
REPRESENTATIVE RAUSCHER removed his objection. There being no
further objection, Conceptual Amendment 3 was adopted.
REPRESENTATIVE RAUSCHER expressed reservations about excessive
data collection and the four-year applicable time period;
however, he said the parties most affected are supportive of the
bill.
1:20:43 PM
REPRESENTATIVE LINCOLN moved to report the committee substitute
for HB 267(CRA), Version J, as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 267(RES) was reported from the
House Resources Standing Committee.