Legislature(2017 - 2018)BARNES 124

02/08/2018 08:00 AM COMMUNITY & REGIONAL AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 267 RELEASE HUNTING/FISHING RECORDS TO MUNI TELECONFERENCED
Moved CSHB 267(CRA) Out of Committee
+= HB 269 DISTILLERY LICENSEES; SERVICE ON PREMISES TELECONFERENCED
Moved HB 269 Out of Committee
*+ HB 298 NUMBER OF SUPERIOR COURT JUDGES TELECONFERENCED
Moved HB 298 Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 267-RELEASE HUNTING/FISHING RECORDS TO MUNI                                                                     
                                                                                                                                
8:37:34 AM                                                                                                                    
                                                                                                                                
CO-CHAIR PARISH announced that the  final order of business would                                                               
be HOUSE BILL  NO. 267, "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."                                                                            
                                                                                                                                
CO-CHAIR  PARISH  noted  that public  testimony  had  been  heard                                                               
previously [and closed on 1/25/18].                                                                                             
                                                                                                                                
8:38:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LINCOLN moved  to  adopt  the proposed  committee                                                               
substitute  (CS)  for  HB   267,  Version  30-LS0808\J,  Bullard,                                                               
1/25/18, ("Version J"), as the working document.                                                                                
                                                                                                                                
8:38:17 AM                                                                                                                    
                                                                                                                                
CO-CHAIR PARISH objected for the purpose of discussion.                                                                         
                                                                                                                                
8:38:29 AM                                                                                                                    
                                                                                                                                
TIM  CLARK,  Staff,  Representative Bryce  Edgmon,  Alaska  State                                                               
Legislature, presented  the CS for  HB 267, Version J,  on behalf                                                               
of  Representative Edgmon,  prime  sponsor.   He  said Version  J                                                               
would  allow  municipalities  that  levy a  tax  on  hunting  and                                                               
fishing  activities access  to records  and reports  submitted by                                                               
guiding outfits  to the state.   The  access would be  granted to                                                               
verify taxes  payable and, for  all such reports that  they would                                                               
access, confidentiality would  be maintained.  He  said Version J                                                               
includes  a  change as  a  result  of  [Amendment 1,  adopted  on                                                               
1/25/18],  which clarifies  confidentiality  in Section  1 of  HB                                                               
267.                                                                                                                            
                                                                                                                                
8:40:01 AM                                                                                                                    
                                                                                                                                
MR. CLARK, in response to  Representative Saddler, clarified that                                                               
the language in  Section 1 of Version J replaced  the language in                                                               
Section 1  of the original  bill version.   He said  the language                                                               
"makes  more  explicit  the  requirement   on  the  part  of  the                                                               
municipality  to maintain  the confidentiality  of the  records."                                                               
In response  to a  follow-up question,  he said  the consequences                                                               
for violating that  confidentiality would not be  changed and are                                                               
quite serious in criminal law.                                                                                                  
                                                                                                                                
8:41:19 AM                                                                                                                    
                                                                                                                                
MR. CLARK, in  response to Representative Lincoln,  referred to a                                                               
handout  in  the committee  packet,  which  shows statutes  under                                                               
Title   11  that   address  legal   consequences  for   breaching                                                               
confidentiality.   They  are:   AS  11.56.850  and AS  11.56.860.                                                               
Breaches for  both are  classified as Class  A Misdemeanors.   In                                                               
response to a  follow-up question, he explained that  much of the                                                               
information  provide  by  guides   to  the  state  is  considered                                                               
proprietary because many  of them have hunting  areas or "fishing                                                               
holes" that may  be "hot spots" they do not  want to advertise to                                                               
their competitors.   These are  areas where guides know  they can                                                               
take their clients and those clients will be successful.                                                                        
                                                                                                                                
8:43:58 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:43 a.m. to 8:44 a.m.                                                                       
                                                                                                                                
8:44:20 AM                                                                                                                    
                                                                                                                                
CO-CHAIR PARISH removed  his objection to the motion  to adopt CS                                                               
for HB 267, Version J.                                                                                                          
                                                                                                                                
8:44:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  objected to offer his  understanding that                                                               
a committee member who was not  present had an amendment to offer                                                               
and would offer it at the next committee of referral.                                                                           
                                                                                                                                
CO-CHAIR PARISH said that is correct.                                                                                           
                                                                                                                                
8:45:04 AM                                                                                                                    
                                                                                                                                
MR.  CLARK  said  the  bill  drafter  in  Legislative  Legal  and                                                               
Research  Services suggested  that  "we put  a  statement on  the                                                               
record  ...   in  the   hopes  of   avoiding  any   future  legal                                                               
uncertainties because of  ... Section 1 ...  having been repealed                                                               
and reenacted."                                                                                                                 
                                                                                                                                
8:45:34 AM                                                                                                                    
                                                                                                                                
CO-CHAIR PARISH stated as follows:                                                                                              
                                                                                                                                
     To ensure that there  are no future legal uncertainties                                                                    
     regarding repeal and reenactment  of AS 08.54.760(b), I                                                                    
     would  like  to put  on  the  record that  federal  law                                                                    
     enforcement and other  law enforcement authorities will                                                                    
     continue to  have access  to hunting  records submitted                                                                    
     to   the  state   prior  to   the  enactment   of  this                                                                    
     legislation should that come to pass.                                                                                      
                                                                                                                                
CO-CHAIR PARISH  noted that Alpheus Bullard  of Legislative Legal                                                               
and  Research  Services  was  available on  line  to  answer  any                                                               
questions regarding the statement.                                                                                              
                                                                                                                                
8:46:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER removed  his objection  to the  motion to                                                               
adopt the proposed  CS for HB 267,  Version 30-LS0808\J, Bullard,                                                               
1/25/18,  as  the working  document.    [There being  no  further                                                               
objection,  Version  J was  before  the  committee as  a  working                                                               
document.]                                                                                                                      
                                                                                                                                
8:46:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS opined that  [HB 267, Version J] is                                                               
a great  bill that  would garner  interest from  communities with                                                               
hunting and fishing activity.                                                                                                   
                                                                                                                                
8:47:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO said he had  contact with someone who was                                                               
"somewhat uncomfortable  with this."   He said he  has experience                                                               
with municipal  government and there  is "no nefarious  intent by                                                               
municipal government  to keep  accurate records."   He  said most                                                               
municipalities in Alaska follow  the general accounting standards                                                               
of  the  Governmental  Accounting Standards  Board  (GASB)  laws,                                                               
which require accurate  record keeping.  He opined  that it would                                                               
be  inaccurate  to  say  that  municipalities  are  "loose"  with                                                               
confidential records; his experience  has shown those records are                                                               
"very well  guarded."  He  said he would  tell people who  have a                                                               
concern about this issue that this is not a concern he shares.                                                                  
                                                                                                                                
8:48:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LINCOLN moved  to  report CSHB  267, Version  30-                                                               
LS0808\J,  Bullard, 1/25/18,  out  of  committee with  individual                                                               
recommendations and forthcoming updated fiscal note.                                                                            
                                                                                                                                
8:49:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER questioned "forthcoming updated."                                                                        
                                                                                                                                
8:49:16 AM                                                                                                                    
                                                                                                                                
MR. CLARK explained  that it is the  bill sponsor's understanding                                                               
that  with  the  clarification of  strict  confidentiality  under                                                               
Version  J, the  fiscal  note from  the  Department of  Commerce,                                                               
Community   &  Economic   Development   would  be   "considerably                                                               
reduced."   He  explained that  the department  had thought  that                                                               
vast amounts of  information would have to  be manually redacted,                                                               
which would  cost the  department time  and resources;  Version J                                                               
would not  require that kind  of activity and, thus,  would bring                                                               
down the cost significantly.                                                                                                    
                                                                                                                                
8:50:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  said he  gets nervous  when he  hears the                                                               
committee is going to  approve "a pig in a poke,"  but he said he                                                               
takes  comfort knowing  there is  another committee  of referral.                                                               
He said he  would check to make sure the  fiscal note is properly                                                               
modified.                                                                                                                       
                                                                                                                                
8:50:27 AM                                                                                                                    
                                                                                                                                
CO-CHAIR PARISH announced that there being no objection, CSHB                                                                   
267(CRA) was reported out of the House Community and Regional                                                                   
Affairs Committee.                                                                                                              

Document Name Date/Time Subjects
HB269 Additional Documents - Pioneering Spirits Article - 2.8.18.pdf HCRA 2/8/2018 8:00:00 AM
HB 269
HB269 Supporting Documents - Support Letters 2.8.18.pdf HCRA 2/8/2018 8:00:00 AM
HB 269
HB298 Fiscal Note DPS-DET-01-27-18.pdf HCRA 2/8/2018 8:00:00 AM
HB 298
HB298 Fiscal Note JUD-ACS-01-22-18.pdf HCRA 2/8/2018 8:00:00 AM
HB 298
HB298 Sponsor Statement.pdf HCRA 2/8/2018 8:00:00 AM
HB 298
HB298 Supporting Case Filing Data.pdf HCRA 2/8/2018 8:00:00 AM
HB 298
HB298A.PDF HCRA 2/8/2018 8:00:00 AM
HB 298
HB267 Amendment J.4.pdf HCRA 2/8/2018 8:00:00 AM
HB 267
HB269 Additional Documents - FY15 - 17 Distillery Sales 2.8.18.pdf HCRA 2/8/2018 8:00:00 AM
HB 269