Legislature(2017 - 2018)SENATE FINANCE 532
04/16/2018 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB267 | |
| HB151 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 151 | TELECONFERENCED | |
| + | HB 267 | TELECONFERENCED | |
| + | TELECONFERENCED |
CS FOR HOUSE BILL NO. 267(RES)
"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."
10:04:31 AM
Vice-Chair Bishop discussed housekeeping.
TIM CLARK, STAFF, REPRESENTATIVE BRYCE EDGMON, explained
that the bill gave municipalities that levied taxes on
guided fish and game activities access to records that
hunting, and sport fish guides submitted to state agencies.
He said that this would provide local governments a tool
that would help to confirm that such hunting a fishing
activity, subject to taxes within their jurisdictions, were
being accurately reported. He noted that all information
released to municipalities would remain confidential at the
municipal level.
Vice-Chair Bishop interjected that Senator Micciche was
away on sate business and would join the committee shortly.
Senator von Imhof observed that the sponsor statement
stated:
The bill would allow municipalities access to certain
records collected by the state
Senator von Imhof asked what the access entailed, which
records would be shared, and how privacy would be
protected.
Mr. Clark responded that hunt records were through the
Department of Commerce, Community and Economic Development;
while sport fishing records were held by the Sport Fish
Division of the Department of Fish and Game. He explained
that the confidentiality would be backed up by provisions
in criminal law; A breech in confidentiality constituted a
Class A misdemeanor and all officials at the municipal
level would be subject to the law.
10:07:49 AM
Senator von Imhof assumed that the files would be shared
back and forth electronically, and that the files would be
protected. She wondered how municipalities would know
whether fees had been collected by the state.
Mr. Clark responded that the fees were collected at the
local level and access to the records gave municipalities a
cross referencing tool to learn about hunting and sport
fishing activities within their jurisdictions. He guessed
that state agencies would likely be troubled only once a
year for the information.
10:09:27 AM
Mr. Clark reviewed the Sectional Summary (copy on file):
Section 1 amends statutes on the confidentiality of
hunt records and activity reports to add
municipalities to those entities already allowed
access to such information. Section 1 also makes it
explicit that municipalities would be required to
maintain the confidentiality of the records, and the
section limits municipalities' access to hunt records
to those describing activities occurring within four
calendar years preceding a request for them.
Section 2 gives the Department of Commerce authority
to charge a municipality a fee for accessing hunt
records, should expenses to the department warrant
one.
Section 3 amends statutes on the confidentiality of
records and reports required by the Department of
Fish & Game to include that a municipality is allowed
access to records and reports of guided sport fishing
activities if the municipality levies a tax on such
activities and requests the records for the purpose of
verifying taxes payable. Section 3 also limits
municipalities' access to sport fishing records to
those describing activities occurring within four
calendar years preceding the request.
Section 4 gives the Department of Fish & Game
authority to charge a municipality a fee for accessing
sport fishing records, should expenses to the
department warrant one.
Section 5 provides for an immediate effective date.
10:10:56 AM
Senator Stevens thought it was important to discuss the
rationale behind the bill and the problem it would solve.
Mr. Clark stated that the Lake and Peninsula Borough had
brought the issue to the sponsor because they believed that
they may be ceding $50 thousand to $100 thousand per year
because of unpaid local taxes.
10:12:00 AM
Vice-Chair Bishop OPENED public testimony.
RAY DEBARDELABEN, KENAI RIVER PROFESSIONAL GUIDE
ASSOCIATION, SOLDOTNA, explained that he said that log
books had been created for Department of Fish and Game to
collect biological data, which was private and privileged
information. He stressed that sport fishery data varied
dramatically depending on time of year, location, and
equipment used. He believed that the borough already had
programs set up to make sure that taxes were being
collected.
10:14:03 AM
JOHN ERICKSON, CITY AND BOROUGH OF YAKUTAT, YAKUTAT,
testified in support of the bill. He relayed that the
borough was large and collected taxes from 5 lodges in the
area. He said that some people accessed the area by plane
that did not come directly form the borough, which made it
difficult to know who was using resources. He thought that
the legislation would help to keep tabs on who was
operating within the borough. He felt that the records
would be safely stored to protect confidentiality.
Senator Stevens asked how much revenue the city had lost
and how the tax would be collected for Yakutat.
Mr. Erickson replied that the data would give the city an
idea of who was operating within their borough, which would
likely double the city's revenue.
10:18:13 AM
SUSAN EDWARDS, LAKE AND PENINSULA BOROUGH, KING SALMON,
spoke in support of the bill. She said that without the
legislation it was difficult for the borough to know
whether currently reported numbers were correct and whether
all guides working within the borough were reporting
correctly. She felt that the issue of confidentiality was
laid out in borough code and believed that the amendment
that added a penalty for breach of confidentiality had
alleviated that issue.
Senator Stevens asked what recourse was available if it was
found that false reports had been made by guides.
Ms. Edwards thought having access to the records would
decrease the need for punitive action on the part of the
borough. She noted that the borough already had fines for
late and false reporting.
10:21:36 AM
Vice-Chair Bishop asked Ms. Edwards about potential lost
revenue.
Ms. Edwards was confident that passage of the bill would
increase revenue by $50,000 to $100,000 per year.
Vice-Chair Bishop asked how much outreach the borough did
to guides to educate on the process.
Ms. Edwards stated that the borough had worked hard to
reach out and educate guides. She said that at the
beginning of the process there had been approximately 40
guides registered with the borough, at this juncture there
were well over 120 guides in record.
Vice-Chair Bishop CLOSED public testimony.
CSHB 267(RES) was HEARD and HELD in committee for further
consideration.
10:23:27 AM
AT EASE
10:30:01 AM
RECONVENED