Legislature(2017 - 2018)ADAMS ROOM 519

04/09/2018 09:00 AM FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 129 FISH & GAME: OFFENSES;LICENSES;PENALTIES TELECONFERENCED
Heard & Held
+= SB 107 ALASKA CAPITAL INCOME FUND TELECONFERENCED
<Bill Hearing Canceled>
-- Public Testimony --
+= SB 78 PERM FUND DIVIDEND CONTRIBUTIONS/LOTTERY TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 216 TRANSFERS FROM DIVIDEND FUND; CRIMES TELECONFERENCED
Moved CSSSHB 216(FIN) Out of Committee
-- Public Testimony --
HOUSE BILL NO. 129                                                                                                            
                                                                                                                                
     "An  Act   relating  to  sport  fishing,   hunting,  or                                                                    
     trapping  licenses,  tags,   or  permits;  relating  to                                                                    
     penalties  for  certain  sport  fishing,  hunting,  and                                                                    
     trapping license  violations; relating  to restrictions                                                                    
     on  the   issuance  of  sport  fishing,   hunting,  and                                                                    
     trapping  licenses;  creating violations  and  amending                                                                    
     fines  and  restitution  for   certain  fish  and  game                                                                    
     offenses;  creating   an  exemption  from   payment  of                                                                    
     restitution for  certain unlawful  takings of  big game                                                                    
     animals;  relating  to commercial  fishing  violations;                                                                    
     allowing lost  federal matching funds from  the Pittman                                                                    
     -   Robertson,  Dingell   -  Johnson/Wallop   -  Breaux                                                                    
     programs  to be  included in  an order  of restitution;                                                                    
     adding   a  definition   of   'electronic  form';   and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
10:34:19 AM                                                                                                                   
                                                                                                                                
Co-Chair Foster relayed that the bill had been heard before                                                                     
in committee and public testimony was CLOSED.                                                                                   
                                                                                                                                
10:35:01 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:35:33 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
BRUCE DALE, DIRECTOR, DIVISION OF WILDLIFE CONSERVATION,                                                                        
DEPARTMENT OF FISH AND GAME (via teleconference), deferred                                                                      
questions to the Department of Public Safety.                                                                                   
                                                                                                                                
STEVE HALL, DIRECTOR, ALASKA WILDLIFE TROOPERS, DEPARTMENT                                                                      
OF PUBLIC SAFETY (via teleconference), did not have                                                                             
additional comments.                                                                                                            
                                                                                                                                
Co-Chair Foster listed additional individuals available for                                                                     
questions.                                                                                                                      
                                                                                                                                
10:37:07 AM                                                                                                                   
                                                                                                                                
Representative Kawasaki  noted that several sections  of the                                                                    
bill  changed   the  consequence   for  violations   from  a                                                                    
misdemeanor,  upon conviction  punishable  by a  fine, to  a                                                                    
Class A  misdemeanor and punishable  by a fine.  He wondered                                                                    
about the impact of the change in language.                                                                                     
                                                                                                                                
AARON PETERSON,  ATTORNEY IV,  CRIMINAL DIVISION,  OFFICE OF                                                                    
SPECIAL    PROSECUTION,     DEPARTMENT    OF     LAW    (via                                                                    
teleconference),  responded that  the  original language  in                                                                    
the  bill   would  have   changed  all   the  non-classified                                                                    
misdemeanors  in  Title  16 to  Class  A  misdemeanors  with                                                                    
standard  Class  A  misdemeanor penalties  laid  out  in  AS                                                                    
12.55. He  said that the  amended version made them  Class A                                                                    
misdemeanors with maximum fine amounts.                                                                                         
                                                                                                                                
Representative  Kawasaki understood  that under  the current                                                                    
bill a charge for violation could be appealed in court.                                                                         
                                                                                                                                
Mr. Peterson answered in the affirmative.                                                                                       
                                                                                                                                
10:39:43 AM                                                                                                                   
                                                                                                                                
Representative Pruitt referenced Page 2, section 3:                                                                             
                                                                                                                                
     (h) A peace officer presented with an electronic                                                                           
     device under (g) of this section is immune from any                                                                        
     liability resulting from damage to the device.                                                                             
                                                                                                                                
Representative  Pruitt  asked  what   would  happen  if  the                                                                    
electronic device  was damaged  in the presentation  of said                                                                    
device to  a peace  officer. He  thought that  utilizing the                                                                    
electronic  device was  a good  idea  but expressed  concern                                                                    
about the meaning of "liability" in the subsection.                                                                             
                                                                                                                                
Mr.  Hall  answered  that  the  provision  was  intended  to                                                                    
protect the department from liability.  If a person chose to                                                                    
store  their fishing  license on  their  phone, rather  than                                                                    
have a  paper copy the  department would not be  held liable                                                                    
for any damage to the phone or other device.                                                                                    
                                                                                                                                
Representative  Pruitt offered  an anecdote  where a  person                                                                    
was asked  to show  their license even  though they  had not                                                                    
committed  a violation.  He worried  that  the public  would                                                                    
have  no  recourse  if  they were  asked  to  present  their                                                                    
license  and then  something happened  to  their device.  He                                                                    
thought that the department should  claim some liability for                                                                    
damage.  He threatened  to offer  a conceptual  amendment to                                                                    
have the language removed.                                                                                                      
                                                                                                                                
10:44:28 AM                                                                                                                   
                                                                                                                                
Representative Guttenberg asked  whether there was precedent                                                                    
for Representative Pruitt's concern.                                                                                            
                                                                                                                                
Mr. Peterson  replied that the  reason that the  section was                                                                    
in  the bill  was based  on situations  in other  states. He                                                                    
offered an  example of  a person fishing  in the  rain using                                                                    
their phone  to show  their license to  an officer.  He said                                                                    
that  if  the device  got  wet  and  was damaged  while  the                                                                    
trooper was performing their duties,  the state would not be                                                                    
liable  for damages  to  the  device. He  said  that if  the                                                                    
officer was grossly  negligent it could be an  issue for the                                                                    
civil division of law.                                                                                                          
                                                                                                                                
10:47:07 AM                                                                                                                   
                                                                                                                                
Representative  Guttenberg understood  it  was  a civil  law                                                                    
issue.                                                                                                                          
                                                                                                                                
Mr. Peterson  explained that there  was a duty of  care that                                                                    
law  enforcement   was  required  to  exhibit   when  taking                                                                    
possession   of  belongings,   an  impounded   vehicle,  for                                                                    
example.  He said  that  "due  care" would  be  used by  law                                                                    
enforcement and the  liability would depend on  the facts of                                                                    
the interaction.                                                                                                                
                                                                                                                                
10:48:39 AM                                                                                                                   
                                                                                                                                
Representative Ortiz understood  the concern; however, there                                                                    
was a  certain amount  of acceptance of  the risk  of having                                                                    
the only  copy of the  licenses in an electronic  format. He                                                                    
thought  an  individual  had to  calculate  that  risk  when                                                                    
deciding whether to carry a  paper or electronic license. He                                                                    
would oppose the conceptual amendment if offered.                                                                               
                                                                                                                                
Representative Wilson  asked to  hear from someone  from the                                                                    
Civil  Division  of  the Department  of  Law.  The  language                                                                    
stated, "immune  from any damage  to a device." She  did not                                                                    
think proper  care had anything to  do with it. She  did not                                                                    
think anyone should be completely  immune to possible damage                                                                    
of property.                                                                                                                    
                                                                                                                                
Co-Chair Foster held the bill until the afternoon meeting.                                                                      
                                                                                                                                
Representative Wilson requested more information on the                                                                         
issue. She thought the bill could be written in a better                                                                        
way.                                                                                                                            
                                                                                                                                
HB 129 was HEARD and HELD in committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Foster discussed housekeeping.                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
HB 216 Letter of Opposition.pdf HFIN 4/9/2018 9:00:00 AM
HB 216
HB 216 - Amendment #1.pdf HFIN 4/9/2018 9:00:00 AM
HB 216
HB216 Legal Opinion Dedicated Funds 4.7.18.pdf HFIN 4/9/2018 9:00:00 AM
HB 216
HB 129 - Amendment #1.pdf HFIN 4/9/2018 9:00:00 AM
HB 129
SB 78 - Letters in Opposition 3.14.2018.pdf HFIN 4/9/2018 9:00:00 AM
SB 78
SB 78 charts 10,000 people,50,000people.pdf HFIN 4/9/2018 9:00:00 AM
SB 78
SB 78 House CS sb78 Y.pdf HFIN 4/9/2018 9:00:00 AM
SB 78
Sara Race Email response.pdf HFIN 4/9/2018 9:00:00 AM
SB 78
SB 78 - Letters in Opposition 3.14.2018.pdf HFIN 4/9/2018 9:00:00 AM
SB 78
SB 78 Letter Support NEA Alaska.pdf HFIN 4/9/2018 9:00:00 AM
SB 78
SB78 Letter Support ALFCIO.pdf HFIN 4/9/2018 9:00:00 AM
SB 78
SB78 Letter Support Carpenters.pdf HFIN 4/9/2018 9:00:00 AM
SB 78
SB78 Letter Support School.pdf HFIN 4/9/2018 9:00:00 AM
SB 78
SB78 model 4-7 modification final.pdf HFIN 4/9/2018 9:00:00 AM
SB 78
HB 129 - Amendment #2.pdf HFIN 4/9/2018 9:00:00 AM
HB 129
SB 78 CS Legal Opinion 3-1-17 Donation vs Contribution.pdf HFIN 4/9/2018 9:00:00 AM
SB 78
SB 78 - Amendment #1.pdf HFIN 4/9/2018 9:00:00 AM
SB 78