Legislature(2025 - 2026)BUTROVICH 205
03/14/2025 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB97 | |
| SB92 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 97 | TELECONFERENCED | |
| += | SB 105 | TELECONFERENCED | |
| += | SB 92 | TELECONFERENCED | |
SB 97-BIG GAME PERMIT PROGRAM
3:31:15 PM
CHAIR GIESSEL announced the consideration of SENATE BILL NO. 97
"An Act establishing a big game guide concession area permit
program on land in the state; relating to the duties of the Big
Game Commercial Services Board, the Board of Game, the
Department of Fish and Game, and the Department of Natural
Resources; requiring the Board of Game to establish an initial
big game guide concession area; and providing for an effective
date."
3:31:30 PM
INTIMAYO HARBISON, Staff, Senator Cathy Giessel, Alaska State
Legislature, Juneau, Alaska, called attention to written public
testimony on SB 97 received by the committee since the last
hearing.
3:31:57 PM
CHAIR GIESSEL solicited a motion.
3:32:02 PM
SENATOR MYERS moved to adopt Amendment 1, work order 34-
LS0445\A.1, to SB 97:
34-LS0445\A.1
Nauman
3/11/25
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR MYERS
Page 4, line 28, through page 5, line 2:
Delete all material and insert:
"(e) A concession permit may not be
transferred. A big game guide who holds a
concession permit under this section may, during
the term of the permit, relinquish the permit to
the commissioner. If the Big Game Commercial
Services Board established under AS 08.54.591 is
aware that a big game guide is no longer able to
guide in the concession area, the board shall
notify the commissioner. The commissioner may
revoke the permit under (f) of this section
after providing the permittee with written
notice and an opportunity to be heard. The
department shall immediately reissue a permit
revoked under this section."
3:32:12 PM
CHAIR GIESSEL objected for purposes of discussion.
3:32:15 PM
SENATOR MYERS explained that the intention with Amendment 1 was
to remove the permit-transfer provision from SB 97. Professional
hunting guides noted that some form of transfer was usually
needed because permits were issued for 10 years, and guides may
retire, stop operating, or pass away mid-term. Instead of
allowing transfers, the Amendment 1 gave the Big Game Commercial
Services Board authority to recommend that the DNR Commissioner
revoke a permit, with public notice, and immediately reopen the
area for a new permit application process. He said the intent
was to keep the permit system open and prevent a small group
from informally controlling permits, an issue in other limited-
entry systems, while still ensuring that vacancies can be filled
when guides leave before their permit term ends.
3:34:16 PM
SENATOR DUNBAR noted that Senate Bill 189, the predecessor to SB
97, became tied up with other bills at the end of the 2024
legislative session, became law and was now being challenged in
court. He noted that legislators expressed a desire to re-
establish the programs [established by the contended
legislation] through standalone bills to ensure they remain
valid regardless of the court outcome. He asked whether passing
new, independent bills might render the court case moot, and
whether the likelihood of mooting the case was greater if the
bills were passed in the same form as last year, "clean", rather
than with amendments.
3:36:09 PM
Sonja Kawasaki, Legal Counsel, Senate Majority Caucus, Alaska
State Legislature, Juneau, Alaska, recommended that SB 97's
substantive provisions should stay very close to those
originally enacted in SB 189. While amendments would not
automatically prevent the case from becoming moot, passing an
identical or nearly identical version avoids requiring the court
and litigants to argue over whether the new provisions match the
challenged ones, thereby increasing clarity and the likelihood
of mooting the case.
3:37:15 PM
CHAIR GIESSEL sought to clarify that SB 189 had already passed
and was in effect as law. She said SB 97 was affirming the
passage of Senate Bill 189. She argued that the policy proposed
in Amendment 1 might be a very good idea, but was best done as
an independent bill of its own.
3:37:49 PM
SENATOR DUNBAR agreed with Ms. Kawasaki's legal analysis and
advocated for the intent to clarify matters before the court as
they consider mootness. He said amending SB 97 would probably
complicate matters. He affirmed the content of Amendment 1 but
said he would not support it to avoid compromising the passage
of SB 97.
3:38:53 PM
SENATOR HUGHES concurred with the concerns expressed about
Amendment 1.
3:39:11 PM
SENATOR MYERS asked Ms. Kawasaki what the consequence would be
if the lawsuit [challenging SB 189] was not mooted.
3:39:28 PM
MS. KAWASAKI answered that if the state could not successfully
argue that the case was moot, the lawsuit would proceed. She
explained that if some of the related bills currently before the
Senate were not passed into law, the court case would continue
with respect to those unresolved bills.
3:39:29 PM
SENATOR KAWASAKI and SENATOR WIELECHOWSKI arrived.
3:40:26 PM
CHAIR GIESSEL found the objection was maintained and asked for a
roll call vote.
A roll call vote was taken. Senator Myers voted in favor of
Amendment 1, work order 34-LS0445\A.1 and Senators Claman,
Hughes, Dunbar, Wielechowski, Kawasaki, and Giessel voted
against it. The vote was 1:6.
3:41:50 PM
CHAIR GIESSEL announced that Amendment 1 failed on a vote of 1
yea and 6 nays.
3:42:14 PM
SENATOR MYERS moved to adopt Amendment 2, work order 34-
LS0445\A.2, to SB 97:
34-LS0445\A.2
Nauman
3/11/25
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR MYERS
Page 4, lines 9 - 10:
Delete "without the same open and competitive
process provided by the department for the issuance of
a concession permit under this subsection"
Insert ". The department shall use the same open
and competitive process provided under this subsection
for the issuance of a new concession permit after the
previous concession permit has expired"
3:42:17 PM
CHAIR GIESSEL objected for purposes of discussion.
3:42:21 PM
SENATOR MYERS explained that Amendment 2 would remove automatic
permit renewal after 10 years and instead require permit holders
to reapply. He said this was meant to prevent routine renewals
that could effectively create lifetime permits in the guide
community.
3:43:15 PM
CHAIR GIESSEL maintained her objection.
3:43:20 PM
SENATOR MYERS withdrew Amendment 2.
3:43:26 PM
CHAIR GIESSEL solicited a motion.
3:43:29 PM
SENATOR MYERS moved to adopt Amendment 3, work order 34-
LS0445\A.3, to SB 97:
34-LS0445\A.3
Nauman
3/11/25
AMENDMENT 3
OFFERED IN THE SENATE BY SENATOR MYERS
Page 5, line 15, following "appropriate":
Insert ", except that the commissioner may not
delegate authority under this section to the Board of
Game or the Big Game Commercial Services Board"
3:43:32 PM
CHAIR GIESSEL objected for purposes of discussion.
3:43:34 PM
SENATOR MYERS said under SB 97 the commissioner of DNR could
choose to delegate the guide concession program, but Amendment 3
would prohibit delegating it to the Board of Game or the Big
Game Commercial Services Board. The concern is that those boards
include many licensed guides, and delegating authority back to
them could recreate pre-1988 conditions from before the Owsichek
decision, effectively allowing guides to control their own
permitting system again. The intent of Amendment 3 is to avoid
that conflict of interest.
3:44:47 PM
SENATOR DUNBAR supported the intent of Amendment 5. He agreed
the DNR commissioner should not delegate authority back to the
Board of Game for the reasons stated. He emphasized this point
for the legal record and to clarify that any withdrawal of the
amendment was due to concerns about preserving mootness in the
related lawsuit, not because of disagreement with its substance.
3:45:26 PM
CHAIR GIESSEL maintained her objection.
3:45:29 PM
SENATOR MYERS withdrew Amendment 3.
3:45:35 PM
CHAIR GIESSEL solicited a motion.
3:45:37 PM
SENATOR MYERS moved to adopt Amendment 5, work order 34-
LS0445\A.5, to SB 97:
34-LS0445\A.5
Bullard/Nauman
3/12/25
AMENDMENT 5
OFFERED IN THE SENATE BY SENATOR MYERS
Page 1, line 3, following "Resources;":
Insert "relating to regulations adopted by the
Board of Game;"
Page 1, following line 10:
Insert a new bill section to read:
"* Sec. 2. AS 16.05.255(j) is amended to read:
(j) This section authorizes the board to
regulate regarding the conservation, development, or
utilization of game in a manner that addresses
whether, how, when, and where the public asset of game
is allocated or appropriated. However, the board may
not adopt a regulation that adds additional species to
those listed under AS 16.05.407(a) for which a
nonresident may not hunt, pursue, or take unless the
nonresident is personally accompanied as required by
AS 16.05.407(a)."
Renumber the following bill sections accordingly.
Page 6, line 13:
Delete "sec. 2"
Insert "sec. 3"
Page 6, line 20:
Delete "sec. 3"
Insert "sec. 4"
Page 6, line 21:
Delete "sec. 3"
Insert "sec. 4"
Page 6, line 26:
Delete "sec. 2"
Insert "sec. 3"
Page 6, line 27:
Delete "sec. 3"
Insert "sec. 4"
Page 6, line 29:
Delete "sec. 2"
Insert "sec. 3"
Page 6, line 31:
Delete "sec. 3"
Insert "sec. 4"
Page 7, line 13:
Delete "sec. 2"
Insert "sec. 3"
Page 7, line 15:
Delete "sec. 2"
Insert "sec. 3"
Page 7, lines 16 - 17:
Delete "sec. 2"
Insert "sec. 3"
Page 7, lines 19 - 20:
Delete "sec. 2"
Insert "sec. 3"
Page 7, line 21:
Delete "sec. 3"
Insert "sec. 4"
Page 7, line 22:
Delete "sec. 2"
Insert "sec. 3"
3:45:42 PM
CHAIR GIESSEL objected for purposes of discussion.
3:45:48 PM
SENATOR MYERS explained that Amendment 5 clarified that the
Board of Game cannot add new must-be-guided species beyond those
already defined in statute, currently four species, including
sheep and grizzly bear. He noted ambiguity about whether the
Board could expand this list using its authority over hunting
methods and means. He said there was concern that the board
might designate new must-be-guided species in a specific area,
and then recommend a guide-concession program to the Department
of Natural Resources, potentially creating an unfair advantage
or giveaway to certain guides. Amendment 5 would ensure that
adding must-be-guided species can only be done by the
legislature, not by the Board of Game.
3:47:11 PM
SENATOR MYERS withdrew Amendment 5.
3:47:29 PM
CHAIR GIESSEL solicited the will of the committee.
3:47:37 PM
SENATOR WIELECHOWSKI moved to report SB 97, work order 34-
LS0445\A, from committee with individual recommendations and
attached fiscal note(s).
3:47:54 PM
SENATOR MYERS objected.
3:47:56 PM
A roll call vote was taken. Senators Dunbar, Hughes,
Wielechowski, Claman, and Giessel voted in favor of SB 97 and
Senators Kawasaki and Myers voted against it. Therefore, SB 97
was reported from the Senate Resources Standing Committee by a
vote of 5:2.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 92 Comparison to C-Corp Tax Structure.pdf |
SRES 3/14/2025 3:30:00 PM |
SB 92 |
| SB 92 Supporting Document - Tax analysis slides.pdf |
SRES 3/14/2025 3:30:00 PM |
SB 92 |
| SB 92 Supporting Document - Tax analysis 3.13.2025.pdf |
SRES 3/14/2025 3:30:00 PM |
SB 92 |
| SB 92 Public Testimony.pdf |
SRES 3/14/2025 3:30:00 PM |
SB 92 |
| A.1.pdf |
SRES 3/14/2025 3:30:00 PM |
SB 97 |
| A.2.pdf |
SRES 3/14/2025 3:30:00 PM |
SB 97 |
| A.3.pdf |
SRES 3/14/2025 3:30:00 PM |
SB 97 |
| A.5.pdf |
SRES 3/14/2025 3:30:00 PM |
SB 97 |
| SB 97 Public Testimony.pdf |
SRES 3/14/2025 3:30:00 PM |
SB 97 |
| SB 92 Public Testimony AKPIRG.pdf |
SRES 3/14/2025 3:30:00 PM |
SB 92 |