Legislature(2017 - 2018)BARNES 124

02/23/2018 01:00 PM RESOURCES

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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(RES) Out of Committee
-- Public Testimony --
+= HB 305 OIL/HAZARDOUS SUB.:CLEANUP/REIMBURSEMENT TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 267-RELEASE HUNTING/FISHING RECORDS TO MUNI                                                                     
                                                                                                                                
  1:04:46 PM                                                                                                                  
                                                                                                                                
  CO-CHAIR JOSEPHSON  announced that the first  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."                                                                                                                        
                                                                                                                                
  [Before the committee was CSHB 267(CRA).]                                                                                     
                                                                                                                                
  CO-CHAIR JOSEPHSON opened public testimony.                                                                                   
                                                                                                                                
  1:05:38 PM                                                                                                                  
                                                                                                                                
  NIKKI  REED,  Assistant  Finance Officer,  Lake  and  Peninsula                                                               
  Borough,  read testimony  on behalf  of Susan  Edwards, Finance                                                               
  Officer, Lake and Peninsula Borough, as follows:                                                                              
                                                                                                                                
       Mr. Chairman and committee members,                                                                                      
                                                                                                                                
       Passage of  HB 267  would mean additional  revenue to                                                                    
       the Lake and Peninsula  Borough.  The money collected                                                                    
       would  support our  schools, their  programs, capital                                                                    
       projects,  and  as leverage  for  grants.   In  these                                                                    
       times of shrinking revenue  - sharing expenditures by                                                                    
       the state  - we and  every other borough  are looking                                                                    
       to  maximize local  revenue sources.   There  are two                                                                    
       points  I would  particularly  like to  bring to  the                                                                    
       committee's attention:   First, having access  to the                                                                    
       hunt  reports   would  help  streamline   [the]  fall                                                                    
       collection  process,  eliminate   paperwork  for  the                                                                    
       guides,  ensure   that  every  hunting   guide  doing                                                                    
       business  within  the  borough  was  paying  for  the                                                                    
       harvesting of  borough resources.   Secondly,  is the                                                                    
       issue of confidentiality that has  been raised.  Both                                                                    
       myself  and  the  assistant  finance  officer,  Nikki                                                                    
       Reed, are  members of  the Alaska  Government Finance                                                                    
       Officers  Association which  has [a]  confidentiality                                                                    
       clause  in  its code  of  ethics.    Mrs. Reed  is  a                                                                    
       licensed  paralegal   with  all  the   strictures  of                                                                    
       confidentiality that  comes with  that certification.                                                                    
       Our borough code has  its own confidentiality policy,                                                                    
       and  the  amendment  to  HB   267  which  adds  state                                                                    
       criminal  penalties.   I can  certainly speak  to the                                                                    
       integrity of our office and  believe that I can speak                                                                    
       for my  AGFOA colleagues across  the state.   We take                                                                    
       our  responsibilities  seriously   because  it  is  a                                                                    
       matter of  public trust; without that  there would be                                                                    
       no government.   Mrs. Reed  would be happy  to answer                                                                    
       any of your questions.                                                                                                   
                                                                                                                                
  1:09:31 PM                                                                                                                  
                                                                                                                                
  NATHAN HILL, Manager, Lake and  Peninsula Borough, informed the                                                               
  committee  he is  a  lifelong  Alaska resident.    He said  the                                                               
  borough supports HB 267 for  several reasons:  the borough code                                                               
  requires professional  hunting and  fishing guides  to register                                                               
  with the borough  and pay a nominal per person  per day use tax                                                               
  on professional  guides conducting  guided fishing  and hunting                                                               
  parties within  the borough boundaries;  the tax is  similar to                                                               
  those on commercial fisheries'  activities and other activities                                                               
  of commerce.  The tax  is imposed on  everyone, not  just local                                                               
  businesses, and without access to  [state] reports, the borough                                                               
  cannot  independently verify  if  the  activities reported  are                                                               
  correct.  [HB 267] would  make taxes equitable to all operators                                                               
  who are paying  taxes and complying, and fair  to residents who                                                               
  depend  on  the  resource.   He  restated  Lake  and  Peninsula                                                               
  Borough's support for the passage of HB 267.                                                                                  
                                                                                                                                
  1:11:44 PM                                                                                                                  
                                                                                                                                
  CO-CHAIR JOSEPHSON, after ascertaining no one further wished                                                                  
  to testify, closed public testimony.                                                                                          
                                                                                                                                
  1:12:23 PM                                                                                                                  
                                                                                                                                
  REPRESENTATIVE RAUSCHER moved to adopt Amendment 1, labeled                                                                   
  30-LS0808\J.4, Bullard, 2/6/18, which read:                                                                                   
                                                                                                                                
       Page 1, line 13, through page 2, line 3:                                                                                 
            Delete all material and insert:                                                                                     
                 "(2)   to a municipality that  levies a tax                                                                    
       on those activities, if the                                                                                              
                 (A)      information  concerns   hunts   or                                                                    
      activities occurring within the four calendar years                                                                       
       preceding the date of the request; and                                                                                   
                 (B)  municipality                                                                                              
                 (i)   requests the records for  the purpose                                                                    
       of verifying taxes payable; and                                                                                          
                 (ii)        agrees    to    maintain    the                                                                    
       confidentiality of the records."                                                                                         
                                                                                                                                
       Page 2, line 31, through page 3, line 2:                                                                                 
            Delete all material and insert:                                                                                     
                 "(5)   records or  reports of  guided sport                                                                
            fishing activities filed by a guide to a                                                                        
       municipality that levies a tax on those activities                                                                   
       if the                                                                                                               
                 (A)  municipality  requests the records for                                                                
       the purpose of verifying taxes payable; and                                                                          
                 (B)   activities  occurred within  the four                                                                
       calendar years preceding the date of the request;"                                                                   
                                                                                                                                
       Page 4, lines 3 - 13:                                                                                                    
            Delete all material.                                                                                                
                                                                                                                                
       Renumber the following bill section accordingly.                                                                         
                                                                                                                                
                                                                                                                                
REPRESENTATIVE DRUMMAND objected for discussion purposes.                                                                       
                                                                                                                                
REPRESENTATIVE RAUSCHER  explained Amendment 1 limits  the time a                                                               
municipality is allowed to review [state] records to four years.                                                                
                                                                                                                                
1:13:23 PM                                                                                                                    
                                                                                                                                
TIM  CLARK,  Staff,  Representative Bryce  Edgmon,  Alaska  State                                                               
Legislature,  on   behalf  of  Representative   Edgmon,  sponsor,                                                               
informed the committee Representative  Edgmon has no objection to                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  withdrew her objection.   There being no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
1:14:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  moved to adopt Amendment  2, labeled 30-                                                               
LS0808\J.5, Bullard, 2/19/18, which read:                                                                                       
                                                                                                                                
     Page 2, following line 3:                                                                                                  
     Insert a new bill section to read:                                                                                         
       "* Sec. 2. AS 08.54.760 is amended by adding a new                                                                   
     subsection to read:                                                                                                        
          (d)  The department may charge a municipality a                                                                       
       fee, set by the department under AS 37.10.050, to                                                                        
     provide a record under (b)(2) of this section."                                                                            
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 4, line 10:                                                                                                           
          Delete "sec. 2"                                                                                                       
          Insert "sec. 3"                                                                                                       
                                                                                                                                
CO-CHAIR JOSEPHSON objected for discussion purposes.                                                                            
                                                                                                                                
REPRESENTATIVE   RAUSCHER  explained   Amendment  2   grants  the                                                               
Department of Commerce, Community  & Economic Development (DCCED)                                                               
the  authority  to charge  a  fee  for providing  a  municipality                                                               
access to records, in order  to help offset the additional fiscal                                                               
burden,  and  avoid the  possibility  of  additional costs  being                                                               
assessed to guides and hunters.                                                                                                 
                                                                                                                                
MR.  CLARK  said  Representative   Edgmon  has  no  objection  to                                                               
Amendment 2.                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON removed his objection.                                                                                       
                                                                                                                                
1:16:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO objected for discussion purposes.                                                                       
                                                                                                                                
1:16:15 PM                                                                                                                    
                                                                                                                                
EPRESENTATIVE  RAUSCHER  informed  the  committee  he  previously                                                               
obtained approval for Amendments 1 and  2 from the sponsor of the                                                               
bill.                                                                                                                           
                                                                                                                                
1:16:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO  withdrew his objection.   There being no                                                               
further objection, Amendment 2 was adopted.                                                                                     
                                                                                                                                
1:17:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH moved  to  adopt  Conceptual Amendment  3,                                                               
which read:                                                                                                                     
                                                                                                                                
     Page 2, Line 15:                                                                                                           
                                                                                                                                
     After "reports."  INSERT "The  department may  charge a                                                                    
     municipality  a fee,  set by  the  department under  AS                                                                    
     37.10.050,  to  provide  a record  under  (5)  of  this                                                                    
     subsection."                                                                                                               
                                                                                                                                
REPRESENTATIVE RAUSCHER objected for discussion purposes.                                                                       
                                                                                                                                
MR.  CLARK said  the  sponsor of  the bill  has  no objection  to                                                               
Conceptual  Amendment 3.   The  purpose  of the  amendment is  to                                                               
allow  the Alaska  Department  of  Fish &  Game,  in addition  to                                                               
DCCED, to recoup  expenses from the municipalities  for its work,                                                               
if warranted.   In response  to Co-Chair Josephson,  he confirmed                                                               
Amendments 2  and 3  merely refer  to different  departments, and                                                               
are otherwise identical.                                                                                                        
                                                                                                                                
REPRESENTATIVE RAUSCHER  removed his  objection.  There  being no                                                               
further objection, Conceptual Amendment 3 was adopted.                                                                          
                                                                                                                                
REPRESENTATIVE  RAUSCHER expressed  reservations about  excessive                                                               
data  collection  and  the   four-year  applicable  time  period;                                                               
however, he said the parties  most affected are supportive of the                                                               
bill.                                                                                                                           
                                                                                                                                
1:20:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LINCOLN  moved to report the  committee substitute                                                               
for HB  267(CRA), Version  J, as amended,  out of  committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection,  CSHB 267(RES)  was reported  from the                                                               
House Resources Standing Committee.                                                                                             

Document Name Date/Time Subjects
HB305 Transmittal Letter 1.25.2018.pdf HRES 2/9/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HRES 2/26/2018 1:00:00 PM
HB 305
HB305 ver A 1.25.2018.pdf HRES 2/9/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HRES 2/26/2018 1:00:00 PM
HB 305
HB305 Sectional Analysis ver A 1.25.2018.pdf HRES 2/9/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HRES 2/26/2018 1:00:00 PM
HB 305
HB305 Fiscal Note DEC-SPAR 1.25.2018.pdf HRES 2/9/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HRES 2/26/2018 1:00:00 PM
HB 305
HB305 Supporting Document - Fact Sheet 1.25.2018.pdf HRES 2/9/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HRES 2/26/2018 1:00:00 PM
HB 305
HB 267 Sectional Summary--Release of Hunting and Fishing Records to Municipalities 1.12.2018.pdf HCRA 1/25/2018 8:00:00 AM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Supporting Document--Lake and Peninsula Borough Municipal Code Title 6--1.12.2018.pdf HCRA 1/25/2018 8:00:00 AM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Version D.PDF HCRA 1/25/2018 8:00:00 AM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Opposing Document - Letter from Big Game Commercial Services Board 2.16.18.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Supporting Document--Yakutat Support 2.15.18.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 CSHB267(CRA) Sectional Summary--Release of Hunting and Fishing Records to Municipalities 2.13.18.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Supporting Document--Legal Consequences for Violating Confidentiality 2.8.18.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 5 Fiscal Note HB267-DCCED-CBPL-01-19-18.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 6 Fiscal Note HB267-DFG-DSF-01-19-18.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 7 Fiscal Note HB267-DFG-DWC-01-19-18.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 4 CSHB267(CRA) Sponsor Statement--Release of Hunting and Fishing Records to Municipalities 2.8.18.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 3 Explanation of Changes--HB 267 to CSHB267(CRA) 2.8.18.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 1 CSHB267(CRA), Version J.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 8 Supporting Document--BBEDC Support Letter 1.26.2018.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Big Game Commercial Services Board Hunt Record and Activity Report--2.8.2018.PDF HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Supporting Documents--Arctic North Guides Support 2.22.18.pdf HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Supporting Document--Newhalen Support Resolution 2.22.18.pdf HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Supporting Document Lake Peninsula Borough Resolution 2.21.18.pdf HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Supporting Document--Bruce Hallingstad Ltr. 2.22.18.pdf HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Supporting Document--Cinder River Lodge Support 2.22.18.pdf HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Amendment One-Rep. Rauscher-Version J.4 2.6.18.pdf HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Amendment Two-Rep. Rauscher-Version J.4 2.6.18.pdf HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Amendment Three 2.23.18.pdf HRES 2/23/2018 1:00:00 PM
HB 267