Legislature(2023 - 2024)BUTROVICH 205
03/20/2024 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB168 | |
| SB194 | |
| SB175 | |
| HB143 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 194 | TELECONFERENCED | |
| += | HB 143 | TELECONFERENCED | |
| += | SB 175 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 168 | TELECONFERENCED | |
SB 168-COMPENSATION FOR WRONGFULLY SEIZED GAME
3:32:48 PM
CO-CHAIR BISHOP announced the consideration of SB 168 SENATE
BILL NO. 168 "An Act relating to wrongfully seized game."
3:33:08 PM
CO-CHAIR BISHOP solicited a motion.
3:33:13 PM
CO-CHAIR GIESSEL moved to adopt the Senate committee substitute
(CS) for SB 168, work order 33-LS1071\R, as the working
document.
3:33:27 PM
CO-CHAIR BISHOP objected for purposes of discussion.
3:33:34 PM
ANNE RITTGERS, Staff, Senator Click Bishop, Alaska State
Legislature, Juneau, Alaska, presented the explanation of
changes for SB 168:
[Original punctuation provided.]
Explanation of Changes
SENATE CS for Senate Bill 168 (RES)
Version 33-LS1071\A to 33-LS1071\R
The Senate Resource Committee adopted the following
changes:
Updated Title
Section 1 (AS 16.05.197), page 1, lines 3-11,
• Changes compensation source from the "department"
to the "state"
• Names seized animals eligible for restitution:
bear, bison, caribou, deer, elk, goat, moose,
sheep or musk ox
• Defines monetary compensation eligibility to
those who are later found not guilty of violating
the statute or regulation or if the conviction is
overturned on appeal or otherwise set aside
Section 2 new section
Allows for monetary compensation to be paid
equivalent to existing restitution statute, AS
16.05.925(b), and adjusts the amount of
restitution for inflation
3:33:58 PM
SENATOR CLAMAN joined the meeting.
3:34:46 PM
SENATOR DUNBAR asked whether the price of beef was removed under
these changes.
3:35:00 PM
MS. RITTGERS confirmed that it was removed. She recommended
reviewing page 2, line 3 of SB 168. The animals are listed with
a dollar amount in restitution payments.
3:35:22 PM
CO-CHAIR BISHOP removed his objection to the adoption of CS for
SB 168.
3:35:32 PM
SENATOR CLAMAN asked what would happen if meat were seized and a
not-guilty verdict was determined.
3:35:59 PM
ALPHEUS BULLARD, Attorney, Division of Legal and Research
Services, Legislative Affairs Agency, Juneau, Alaska, testified
on SB 168. He introduced himself.
3:37:05 PM
SENATOR CLAMAN asked what would happen if prosecution declined
to prosecute, but the game is no longer in the appropriate
condition to return to the hunter, and a not-guilty finding is
determined.
3:36:51 PM
MR. BULLARD replied that without a conviction, there would be no
compensation provided to the individual.
3:37:04 PM
SENATOR CLAMAN clarified that a guilty verdict would not result
in compensation, whereas his question is specifically about a
not-guilty finding based on a decision to not prosecute.
3:37:25 PM
MR. BULLARD replied that those terms provide that a conviction
is required for compensation for the case to be overturned or
set aside. If the department decided not to prosecute, there
would not be an opportunity for an individual to receive
compensation from the state.
3:38:07 PM
SENATOR CLAMAN stated that it corroborated his belief.
3:38:28 PM
SENATOR DUNBAR requested input from a representative from the
Department of Law. He asked how frequently the state is found to
be in the right when prosecuting for wrongfully seized game. He
wondered if this legislation has a positive fiscal note
considering there would be an increase in penalty amounts and
additional monetary damages collected under section 2 of CSSB
168. He opined that it is an unusual practice to pay monetary
damages. However, it is not unusual to fine individuals for
wrongful practices. He asked whether the department provided a
differing fiscal note.
3:39:51 PM
MS. RITTGERS noted that the Alaska Department of Fish and Game
(ADFG) submitted an indeterminate fiscal note and indicated that
if Version R was adopted by the committee, it would reconsider
that based on the new committee substitute.
3:40:03 PM
SENATOR DUNBAR asked if a representative from ADFG is available
to comment.
3:40:09 PM
CO-CHAIR BISHOP replied no and asked whether he would like the
committee to set aside SB 168.
3:40:12 PM
SENATOR DUNBAR stated that he would not unnecessarily delay
progress on SB 168 and mentioned that the bill would be heard in
Senate Finance Committee. He noted that it is an interesting
question and reiterated that it could have a positive fiscal
impact if fines are more frequent than compensation.
3:40:27 PM
CO-CHAIR BISHOP replied that it is a restitution bill.
3:40:29 PM
SENATOR DUNBAR asked for clarification AS 16.05.925(b)(2) and
wondered whether restitution to the state occurs more frequently
than compensation to hunters.
3:40:52 PM
CO-CHAIR BISHOP asked whether he believes CSSB 168 indicates a
positive note.
3:40:54 PM
SENATOR DUNBAR replied yes.
3:40:55 PM
CO-CHAIR BISHOP remarked that Senator Dunbar asked a good
question.
3:40:58 PM
CO-CHAIR GIESSEL recommended asking the bill sponsor for input
on the prevalence of convictions versus restitution.
3:41:20 PM
SENATOR JESSE BJORKMAN, District D, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 168. He said most cases that
brought causal action for the legislation are dismissed. He
opined that Senator Claman's question was well taken.
3:41:56 PM
SENATOR DUNBAR expressed appreciation for the fairness of the
committee substitute version of SB 168, which details
restitution payments to the state and vice versa. He
acknowledged the significant increase in restitution payment
amounts and realized that the cases presented to Senator
Bjorkman entail wrongdoings, whereas the state is found to be in
the right. He asked whether he is aware of the frequency of
these scenarios.
3:42:30 PM
SENATOR BJORKMAN replied he is unsure of the total number of
annual violations that would lead to a restitution payment that
reflects the schedule. While he acknowledged the intent of the
question, he noted that he could not decisively take a position
without first obtaining relevant data but noted Senator Dunbar
may be onto something.
3:43:00 PM
SENATOR WIELECHOWSKI asked Mr. Bullard whether AS 16.05.197
implies that compensation is unnecessary if the game is seized
and charges are later dismissed, or if existing law requires
compensation to the individual.
3:43:43 PM
MR. BULLARD replied that it is his understanding there is no
common law principle or other statute that would require a
different result. The provision would operate as written.
3:44:02 PM
SENATOR WIELECHOWSKI asked for confirmation of his understanding
that there is an existing provision that requires compensation
for wrongfully seized game.
3:44:15 PM
MR. BULLARD stated that he is unaware of that requirement.
3:44:23 PM
SENATOR WIELECHOWSKI asked if oversight is needed and whether he
recommends making changes to bill language in Senate Finance
Committee.
3:44:28 PM
CO-CHAIR BISHOP asked if the judge has the authority to require
ADFG to compensate for wrongfully seized game.
(TIMESTAMP)
SENATOR CLAMAN clarified that he is asking about the judge's
ability to require compensation once the case is dismissed
rather than following a not-guilty finding.
(TIMESTAMP)
CO-CHAIR BISHOP confirmed that is correct.
3:44:55 PM
MR. BULLARD replied that every situation is different. He stated
that he is unaware of a universal principle that would mandate a
judge to require that. That said, the specific facts of a
particular case could result in a judge making that
determination.
3:45:24 PM
At ease
3:45:45 PM
CO-CHAIR BISHOP reconvened the meeting.
3:45:53 PM
SENATOR CLAMAN noted that he largely understands the intent of
SB 168. He opined that compensation should be required in the
instance of a case dismissal to avoid the risk of small claims
actions. He expressed his belief that the existing gap under SB
168 should be filled. However, he acknowledged that the Senate
Finance Committee could address that question.
3:46:52 PM
CO-CHAIR BISHOP wondered whether it could potentially turn into
a positive fiscal note.
3:46:59 PM
CO-CHAIR restated he removed his objection; found no further
objection and CSSB 168 was adopted as the working document.
3:47:08 PM
CO-CHAIR GIESSEL moved to report CSHB 168, work order 33-
LS1071\R, from committee with individual recommendations and
attached fiscal note(s).
3:47:25 PM
CO-CHAIR BISHOP found no objection and CSHB 168(RES)was reported
from the Senate Resources Standing Committee.
3:47:29 PM
At ease
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 175 Supporting Documents_Alaska Electronics Product Stewardship Summary.pdf |
SRES 3/20/2024 3:30:00 PM |
SB 175 |
| SB 175 Letter of Support 3.19.24.pdf |
SRES 3/20/2024 3:30:00 PM |
SB 175 |
| SB 175 Letter of Opposition 3.19.24.pdf |
SRES 3/20/2024 3:30:00 PM |
SB 175 |
| HB 143 HRES Response to SRES 03.20.24.pdf |
SRES 3/20/2024 3:30:00 PM |
HB 143 |
| HB 143 DEC Response to SRES 03.20.24.pdf |
SRES 3/20/2024 3:30:00 PM |
HB 143 |
| SB 175 DEC Response to SRES 03.20.24.pdf |
SRES 3/20/2024 3:30:00 PM |
SB 175 |