Legislature(1995 - 1996)
04/12/1995 05:06 PM House FSH
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 292 - FISH AND GAME ENFORCEMENT Number 404 REPRESENTATIVE OGAN briefly outlined the advantages of HB 292. He read from his sponsor statement that these proposed changes would enable the Alaska Division of Fish and Wildlife Protection (ADFWP) to more effectively enforce the residency requirements for licenses, tags, and permits, and to reduce court dismissals, by clarifying that false residency statements are strict liability violations, that can result in a misdemeanor conviction and require a bail set by the bail schedule and reduce the officers' paperwork burden, so that they can devote more time to enforcement duties. REPRESENTATIVE OGAN added that the sponsor statement serves as a sectional analysis and would be happy to go over that with the committee. CHAIRMAN AUSTERMAN suggested that Representative Ogan go ahead and explain what this proposed legislation does. REPRESENTATIVE OGAN referred to his sponsor statement in advising the committee as to the current requirements of issuing a statement of intent to search. He did specify that adoption of this bill would not change the requirement that the ADFWP would still have to have probable cause. He also reported that another area of concern when prosecuting residency cases, deals with the culpable mental standard of "knowingly" currently used in AS 16.05.420. HB 292 also updates the penalty to reflect the new strict liability nature of the offense of "unsworn falsification." He went on to elaborate with a couple examples. CHAIRMAN AUSTERMAN opened the testimony to teleconference participants. Number 490 DALE BONDURANT testified via teleconference from Soldotna, in support of HB 292. His one concern was if it was specifically named at tier two. He certainly is opposed to this type of exclusion of people in Alaska to participate. He was also in full support of the two Board of Fish nominees. Number 512 REPRESENTATIVE DAVIS asked Representative Ogan to respond to Mr. Bondurant's concerns about tier two. REPRESENTATIVE OGAN specified that this was not directed at tier two, however, there are problems in tier two applications and some falsification that goes on. In an effort to prosecute the worst cases, it could apply to tier two. His main focus was hunting and fishing licenses and the out-of-state tags that are not purchased. REPRESENTATIVE OGAN asked Colonel Glass how widespread the problem of falsification is. Number 537 COLONEL JOHN GLASS, Alaska Division of Fish and Wildlife Protection, testified via teleconference from Anchorage, in response to Representative Ogan's question. He did not know how many there are. In response to Mr. Bondurant's concerns he stated, "This is more specifically aimed for the licensing portion of individuals who claim the 12-month residency, when in fact they have not been residents for the 12-month period of time that's required. As to the tier two permits, Major Russel informs me that the Board of Game just recently passed some regulations under five (5) Alaska Administrative Codes (AAC) in which it specifically addressed those concerns." Number 555 REPRESENTATIVE DAVIS asked Colonel Glass about the intent to search form (12-504) and whether the protection officers needed a magistrate to sign those. COLONEL GLASS responded that if they fail to fill one of these out, any evidence they seize would be of no value to them in court. But he did state, "It does not at all make or change any differences as for as obtaining a search warrant." He further indicated that this form was a redundant piece of paper that doesn't serve any purpose. REPRESENTATIVE DAVIS commented that his support for this bill is growing since it also seems to be a paper reduction act. COLONEL GLASS agreed with Representative Davis and added that it will not cause any hardship on a suspect, because they are still bound by the laws of search and seizure. Number 585 REPRESENTATIVE ELTON asked Colonel Glass if a license is classified as a paper that would fall under the constitutional prohibition for a warrantless search. COLONEL GLASS indicated that he wasn't sure if he understood the question. But he did give a case scenario to try and explain how this form is used in the field. He related, "If I come across you hunting in Unit 19, you have your tent there and I ask you if I can search your tent for evidence of a set of moose antlers. And you give me that consent to search. I then have to issue this form advising you that you've given me the consent to search your tent. It does not in any way allow me to search that, if it's against your wishes to search that tent." REPRESENTATIVE ELTON followed up by asking, "If you ask a sports fisherman for his license, he has to give you consent before you can look at the license?" COLONEL GLASS said it was a separate issue. They are not required to have a search warrant to ask for a fishing license. People have to show it to them under different laws. REPRESENTATIVE ELTON ended with a question about how many of the ADFWP's officers are seasonal temporaries and how many of them are full-time employees. COLONEL GLASS replied that their current staffing level is 81 field commissioned officers. He also indicated that there is between 20 and 25 seasonal employees that have no enforcement authority at all. REPRESENTATIVE ELTON commented that the seasonal aides would not be covered. COLONEL GLASS confirmed this was true. REPRESENTATIVE DAVIS made a motion to move HB 292 out of committee with individual recommendations and a zero fiscal note. CHAIRMAN AUSTERMAN hearing no objections, ordered HB 292 moved out of the Fisheries Committee to the Judiciary Committee.
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