Legislature(2023 - 2024)BARNES 124
01/29/2024 01:00 PM House RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| HB243 | |
| HB272 | |
| HB281 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 272 | TELECONFERENCED | |
| *+ | HB 281 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 243 | TELECONFERENCED | |
HB 272-BIG GAME HUNTING BY PERSON W/ DISABILITY
1:06:54 PM
CHAIR MCKAY announced that the next order of business would be
HOUSE BILL NO. 272, "An Act relating to big game hunts for
persons with physical disabilities; and providing for an
effective date."
1:08:04 PM
DOUG VINCENT-LANG, Commissioner, Alaska Department of Fish and
Game (ADF&G), presented HB 272 on behalf of the House Rules
Committee, sponsor of the bill by request of the governor. He
related that after the Board of Game (BOG) established a hunt
last year for disabled hunters within Anchorage's Kincaid Park,
the Department of Law (DOL) ruled that the BOG did not have
statutory authority to create a hunt for a special class of
citizens. This bill, he explained, would create the statutory
authority for the BOG to establish a hunt for a variety of
classes of disabled hunters, including disabled veterans. To
qualify, a person must be at least 70 percent physically
disabled, and qualifying persons participating in the hunt must
be accompanied by a licensed hunter capable of retrieving game.
The [proposed] statutory change does not create any hunts, it
would only allow the BOG to take proposals from the public to
create hunts for disabled hunters within the state. Any
proposal to establish such a hunt in regulation would have to go
through the board process of public notice, review by ADF&G and
local advisory committees, and public comment.
COMMISSIONER VINCENT-LANG said ADF&G supports HB 272 as it gives
the BOG the option to provide unique hunting opportunities for
Alaska's disabled hunters and promotes outdoor recreation. The
BOG's support for the idea is shown through its prior actions,
and HB 272 would provide the board with the statutory foundation
to consider such proposals in the future. He noted that passage
of HB 272 would not automatically authorize the hunt in Kincaid
Park because the landowner, the Municipality of Anchorage, still
has the responsibility to allow that hunt to continue.
1:10:40 PM
JOSEPH FELKL, Legislative Liaison, Office of the Commissioner,
Alaska Department of Fish and Game (ADF&G), provided a sectional
analysis of HB 272 on behalf of the House Rules Committee,
sponsor of the bill by request of the governor. He paraphrased
from the sectional analysis, which read as follows [original
punctuation provided]:
Section 1: amends AS 16.05.255 by adding a new
subsection that provides statutory authority for the
Board of Game to establish hunts limited to
individuals with physical disabilities.
Section 2: transition section to allow the Board of
Game to adopt regulations necessary to implement the
bill.
Section 3: immediate effective date for section 2.
Section 4: effective date of January 1, 2025, for all
other provisions of the bill.
1:11:14 PM
REPRESENTATIVE RAUSCHER said he thinks HB 272 is a great bill.
He asked about the number of hunters that HB 272 would affect.
MR. FELKL replied that he will look at ADF&G's numbers for
permanent identifications and get an answer to the committee.
REPRESENTATIVE RAUSCHER asked how it would work if a hunter were
too disabled to pull the trigger.
COMMISSIONER VINCENT-LANG offered his understanding that it is
the disabled hunter's responsibility to pull the trigger. He
confirmed that ADF&G has the number of licenses that are issued
for disabled hunters across the state and will get that number
to the committee. He said he doesn't expect a lot of
participation, but being able to participate in such hunts will
be very valued by those individuals.
1:12:34 PM
REPRESENTATIVE MCCABE asked whether a person who is 70 percent
disabled but still able to retrieve the game from the field
would be allowed to hunt unaccompanied.
COMMISSIONER VINCENT-LANG offered his belief that in those cases
it would be in the discretion of the BOG to decide whether [a
licensed hunter must accompany them]. Those individuals could
participate in a general hunt already, he noted, so he thinks
they would have to decide whether to participate in the general
hunt or the disabled hunt under the conditions set by the BOG.
1:13:35 PM
REPRESENTATIVE SADDLER stated he generally approves of the
bill's intent. He observed that the [governor's transmittal
letter] defines how a person's disability would be established,
yet HB 272 doesn't include a definition, only the statement,
"persons with physical disabilities". He asked whether the BOG
would come up with regulations that define disabled.
MR. FELKL answered that the letter references the [existing]
statutory definition for a person with physical disabilities.
He offered to provide the statutory citation after the hearing.
REPRESENTATIVE SADDLER said it would be better to have that
reference in the legislation itself.
REPRESENTATIVE SADDLER, regarding who is qualified to determine
a person's disability, stated he would like for the bill to
include a more precise definition of physician given that there
are multiple classes of healthcare providers.
REPRESENTATIVE SADDLER requested the commissioner to speak to
whether the accompanying hunter must be carrying their own
personal hunting permit, whether there must be a nexus of
relationship, and what the accompanying hunter will be able to
do and prescribed to do.
COMMISSIONER VINCENT-LANG replied that existing statute states
what is necessary to qualify for an ADF&G issued disabled
hunting license, and the disabled person would have to have this
license to qualify for such a hunt. Regarding whom can help, he
said he doesn't think HB 272 specifies whether it must be second
degree of kindred, it is anybody who wants to help this
individual. As to whether the accompanying hunter must carry a
firearm, he stated that in this case the primary responsibility
to hunt that animal rests with the disabled hunter and he thinks
it is up to [the accompanying hunter] to decide whether to carry
a firearm.
1:16:42 PM
REPRESENTATIVE SADDLER asked whether the bill's intent is to
include mental health/intellectual disabilities as well as
physical disabilities and, if so, where that definition can be
found.
COMMISSIONER VINCENT-LANG responded that he doesn't think mental
disabilities are included in the current definitional
requirement to obtain a disabled hunting license.
MR. FELKL addressed Representative Saddler's questions. He
specified that AS 16.05.940(26) defines a person with physical
disabilities, and that the statute for a person with mental
disabilities doesn't apply to HB 272. He said he will get back
to the committee with the statutory citation for mental
disability. Mr. Felkl further specified that the only other
qualifications for the person accompanying the disabled hunter
are that they must have a valid hunting license and the
capability to retrieve the game.
REPRESENTATIVE SADDLER allowed that he didn't know there was
currently a disabled hunter license and pointed out that HB 272
only speaks to creating special big game hunting "seasons". He
inquired about the thinking behind the origin of the statute
describing what a disabled hunting permit is and whether the
statute is working out.
COMMISSIONER VINCENT-LANG answered that it is working out very
well. He said he thinks it was a desire by the legislature to
create a reduced fee license for disabled hunters in Alaska and
issuing that license hasn't caused ADF&G any hardship and is an
opportunity to get disabled hunters into the field at a reduced
price.
REPRESENTATIVE SADDLER asked whether setting aside specific
hunting seasons for the physically disabled is because the
current program to provide disabled hunting permits isn't
operating sufficiently.
COMMISSIONER VINCENT-LANG replied that that just issues a
reduced fee license to the hunter, it doesn't allow the
statutory foundation to create a special area to hunt or a
special hunt for the people who qualify for that license. So,
HB 272 would create a statutory foundation to provide a special
hunt opportunity for the people holding these licenses.
1:20:08 PM
CHAIR MCKAY announced that HB 272 was held over.
1:20:16 PM
The committee took a brief at-ease.
1:20:30 PM
CHAIR MCKAY brought HB 272 back before the committee and opened
public testimony on the bill.
1:21:07 PM
LOUIS CUSACK, Executive Director, Safari Club International,
Alaska Chapter (SCI Alaska), testified in support of HB 272. He
said SCI Alaska will work to ensure that a season is established
and will help individuals with disabilities to participate and
harvest their own wild game.
REPRESENTATIVE MCCABE thanked Mr. Cusack for his testimony.
REPRESENTATIVE SADDLER asked whether any other states provide
special seasons for disabled hunters.
MR. CUSACK responded that he knows there are other states which
have special hunts for disabled citizens, but he doesn't know
which states specifically or whether special seasons are
established in those states.
1:23:36 PM
IRA EDWARDS, representing self, testified in support of HB 272.
He said he has spent 10 years working on creating a hunting
opportunity for physically disabled hunters, and HB 272 is how
far things have come. He confirmed that a relatively low number
of disabled veteran hunting licenses have been issued, and said
there are no opportunities for nonveterans to qualify for that.
He shared that he is paralyzed and in a wheelchair and was a
state law enforcement officer, not a veteran. He pointed out
that nonveteran disabled individuals in Alaska do not qualify
for the veterans' license statute, and that Alaska is currently
the only state without a hunting opportunity for physically
disabled people. He further pointed out that the Veterans
Purple Heart Hunt in Delta Junction is available only to Purple
Heart recipients who are disabled veterans. With a definition
of disability and veteran status, he explained, a person can be
70 percent disabled and still go hunting, and people who are 100
percent disabled have run the Boston Marathon. He specified
that this [proposed] hunt opportunity would be for physically
disabled hunters, people who could not get out there on their
own. He expressed his appreciation to the commissioner and
governor for their help in pushing this forward.
1:26:00 PM
REPRESENTATIVE SADDLER inquired about 100 percent disabled
people running the Boston Marathon.
MR. EDWARDS replied that many types of disability do not reduce
mobility, including post-traumatic stress disorder (PTSD) and
missing an arm. He shared that he is considered 79 percent
disabled with his paralysis.
1:26:58 PM
CHAIR MCKAY, after ascertaining that no one else wished to
testify, closed public testimony on HB 272.
1:27:06 PM
CHAIR MCKAY announced that HB 272 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 281 Transmittal Letter.pdf |
HRES 1/29/2024 1:00:00 PM |
HB 281 |
| HB 281 Sectional Analysis 01.25.2024.pdf |
HRES 1/29/2024 1:00:00 PM |
HB 281 |
| HB 281 Fiscal Note.pdf |
HRES 1/29/2024 1:00:00 PM |
HB 281 |
| HB272 Transmittal Letter version A 01.16.24.pdf |
HRES 1/29/2024 1:00:00 PM |
HB 272 |
| HB272 Sectional Analysis version A 01.19.24.pdf |
HRES 1/29/2024 1:00:00 PM |
HB 272 |
| 2024 01 29 HRES DNR HB 281 Remote Rec Presentation.pdf |
HRES 1/29/2024 1:00:00 PM |
HB 281 |
| HB 281 DNR Briefing Paper 1.25.2024.pdf |
HRES 1/29/2024 1:00:00 PM |
HB 281 |