Legislature(2003 - 2004)
03/26/2004 03:40 PM Senate RES
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* first hearing in first committee of referral
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SB 69-BOARD OF FISHERIES CONFLICTS OF INTEREST
CHAIR SCOTT OGAN called the Senate Resources Standing Committee
meeting to order at 3:40 p.m. Present were Senators Thomas
Wagoner, Ben Stevens, Fred Dyson, Kim Elton and Chair Scott
Ogan. The first order of business to come before the committee
was SB 69.
SENATOR THOMAS WAGONER, sponsor, moved amendment 1, which would
sunset SB 69 as of June 30, 2009, and stated that the rotation
schedule for the Board of Fish hearings runs on a three to four-
year basis. The effective date reflects a complete rotation of
the hearings.
23-LS0313\H.1
Crawford/Cook
1/7/05
A M E N D M E N T 1
OFFERED IN THE SENATE BY SENATOR WAGONER
TO: SB 69
Page 2, following line 1:
Insert a new bill section to read:
"* Sec. 3. AS 39.52.120(c) is amended to read:
(c) In addition to other provisions of this section,
a public officer who is a member of the Board of Fisheries
or the Board of Game may not act on a matter before the
board if the public officer has not disclosed in the manner
set out in AS 39.52.220 all personal or financial interests
in a business or organization relating to fish or game
resources."
Renumber the following bill sections accordingly.
Page 2, following line 10:
Insert a new bill section to read:
"* Sec. 5. AS 39.52.120(e) is repealed."
Renumber the following bill section accordingly.
Page 2, line 11:
Delete "This Act takes"
Insert "Sections 1, 2, and 4 of this Act take"
Page 2, following line 11:
Insert a new bill section to read:
"* Sec. 7. Sections 3 and 5 of this Act take effect June 30,
2009."
SENATOR KIM ELTON objected for an explanation. He asked if
section 7, in effect, repeals section 3 in 2009 and section 3
provides that the board member may not act without disclosure.
He questioned the purpose of the bill is to allow people to
declare a conflict and still go ahead and vote that can only
happen until 2009.
SENATOR WAGONER indicated that was correct. He let Ms. Amy Seitz
elucidate.
MS. AMY SEITZ, staff to Senator Thomas Wagoner, explained that
by 2009, if the Legislature decides the proposed amendment is
not working, the law would just revert to the way it is now, but
if it is working, the Legislature could either repeal the
repeal, extend the sunset or get rid of it altogether.
SENATOR ELTON said he liked SB 69 and tended to believe that the
bill would work, but if it didn't, the Legislature could fix it.
".... In this case, we'd have to fix it if it is working out."
CHAIR OGAN said he was probably a no-vote without the amendment,
because he felt, at a minimum, eyebrows would be raised. "All
fish politics are local, as you know." He thought that having a
sunset would keep people who are serving on the board mindful
that this is being tested for a while and forces the issue to
come back before the Legislature for review.
SENATOR ELTON asked for and was granted some latitude in
discussing Senator Ogan's concerns, which accrue to the
sportfishing component of the board. He didn't think a Mat-Su
sportfish board member should conflict himself out when dealing
with Cook Inlet fishing issues.
.... I understand that there are perception issues and
sometimes those are very, very dangerous, but we're
dealing here with a board of seven people. If you have
a person or two people - I would imagine there may
even be occasions in which some of the decisions may
require three people to conflict themselves out -
you're then put in a position where you've got four
people making the decision. It makes it difficult,
then, to do the board's work....
SENATOR ELTON suggested again that the law could be changed if
it doesn't work.
CHAIR OGAN responded that he understands if people are required
to conflict themselves out of certain issues, the board would
probably lose the person on the board that has the most
knowledge about that particular fishery. He didn't think it was
a bad thing to bring expertise to the process.
SENATOR ELTON maintained his objection.
CHAIR OGAN asked for a roll call vote. Senators Ben Stevens,
Thomas Wagoner and Chair Scott Ogan voted yea: Senators Fred
Dyson and Kim Elton voted nay; and amendment 1 passed.
MR. CHRIS GARCIA, Kenai resident, supported SB 69 except that he
wanted to insert a provision to kick any member off the board
who might fail to disclose a conflict of interest after being
challenged and that person should not be allowed to serve again
for 10 years.
MR. PAUL SHADURA, President, Kenai Peninsula Fishermen's
Association, supported SB 69.
What would it be like to not allow beauticians and
barbers to comment on regulations within their state
industry board? What would it be like to have the
Board of Physicians not allow debate on votes by
physicians on regulatory changes or have a heart
surgeon, more or less, not comment on that particular
board on heart surgery because he may have direct or
indirect benefits? The point is the public relies on
expertise of individuals sitting on boards and
commissions to direct and revise for the best
practices and management for the state's best
interest....
He added that it's really rare that a commercial fisherman
active in Cook Inlet has a seat on the Board of Fisheries.
Currently, none are and it doesn't seem like there will be one
in the foreseeable future.
CHAIR OGAN said he had received letters in opposition to SB 69
from the Mat-Su Valley Fish and Game Advisory Committee, the
Alaska Outdoor Council, and the Alaska Sportfishing Association.
SENATOR WAGONER pointed out that he took exception to an e-mail
from the representative of the Alaska Sportfishing Association
that in part said:
I have been unable to find out what Senator Wagoner's
agenda on this is so I can discuss why he sponsored
this bill.
SENATOR WAGONER responded:
I sponsored this bill number one, because I was asked
by the Salmon Task Force to sponsor it. This is a bill
that the Salmon Task Force spent a lot of time on and
crafted and wanted to go through the Senate. I find
it's insulting to have people write those type of e-
mails without contacting me first and discussing it. I
would have been glad to discuss that with this
gentleman and let him know, but he saw fit to use the
e-mail this way. I just want to put on the record that
I don't appreciate that.
SENATOR WAGONER moved CSSB 69(RES) and accompanying fiscal notes
with individual recommendations.
CHAIR OGAN objected. He asked for a roll call vote. Senators
Fred Dyson, Thomas Wagoner, Kim Elton and Ben Stevens voted yea;
Chair Scott Ogan voted nay; and CSSB 69(RES) moved from
committee.
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