Legislature(2017 - 2018)SENATE FINANCE 532

04/16/2018 09:00 AM FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Meeting Postponed to 10:00 a.m. --
+ HB 151 DHSS;CINA; FOSTER CARE; CHILD PROTECTION TELECONFERENCED
Heard & Held
+ HB 267 RELEASE HUNTING/FISHING RECORDS TO MUNI TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
CS FOR HOUSE BILL NO. 267(RES)                                                                                                
                                                                                                                                
     "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."                                                                                                           
                                                                                                                                
10:04:31 AM                                                                                                                   
                                                                                                                                
Vice-Chair Bishop discussed housekeeping.                                                                                       
                                                                                                                                
TIM  CLARK, STAFF,  REPRESENTATIVE  BRYCE EDGMON,  explained                                                                    
that  the  bill gave  municipalities  that  levied taxes  on                                                                    
guided  fish  and game  activities  access  to records  that                                                                    
hunting, and sport fish guides  submitted to state agencies.                                                                    
He said  that this  would provide  local governments  a tool                                                                    
that  would help  to  confirm that  such  hunting a  fishing                                                                    
activity, subject to taxes  within their jurisdictions, were                                                                    
being  accurately reported.  He noted  that all  information                                                                    
released to municipalities would  remain confidential at the                                                                    
municipal level.                                                                                                                
                                                                                                                                
Vice-Chair  Bishop  interjected  that Senator  Micciche  was                                                                    
away on sate business and would join the committee shortly.                                                                     
                                                                                                                                
Senator  von  Imhof  observed  that  the  sponsor  statement                                                                    
stated:                                                                                                                         
                                                                                                                                
     The bill would allow municipalities access to certain                                                                      
     records collected by the state                                                                                             
                                                                                                                                
                                                                                                                                
Senator  von Imhof  asked what  the  access entailed,  which                                                                    
records  would   be  shared,  and   how  privacy   would  be                                                                    
protected.                                                                                                                      
                                                                                                                                
Mr.  Clark  responded that  hunt  records  were through  the                                                                    
Department of Commerce,  Community and Economic Development;                                                                    
while  sport fishing  records were  held by  the Sport  Fish                                                                    
Division of  the Department of  Fish and Game.  He explained                                                                    
that the  confidentiality would be  backed up  by provisions                                                                    
in criminal  law; A breech in  confidentiality constituted a                                                                    
Class  A  misdemeanor and  all  officials  at the  municipal                                                                    
level would be subject to the law.                                                                                              
                                                                                                                                
10:07:49 AM                                                                                                                   
                                                                                                                                
Senator von  Imhof assumed  that the  files would  be shared                                                                    
back and forth  electronically, and that the  files would be                                                                    
protected.  She  wondered   how  municipalities  would  know                                                                    
whether fees had been collected by the state.                                                                                   
                                                                                                                                
Mr.  Clark responded  that the  fees were  collected at  the                                                                    
local level and access to  the records gave municipalities a                                                                    
cross  referencing tool  to learn  about  hunting and  sport                                                                    
fishing activities  within their jurisdictions.   He guessed                                                                    
that state  agencies would  likely be  troubled only  once a                                                                    
year for the information.                                                                                                       
                                                                                                                                
10:09:27 AM                                                                                                                   
                                                                                                                                
Mr. Clark reviewed the Sectional Summary (copy on file):                                                                        
                                                                                                                                
     Section  1 amends  statutes on  the confidentiality  of                                                                  
     hunt    records   and    activity   reports    to   add                                                                    
     municipalities  to   those  entities   already  allowed                                                                    
     access  to such  information. Section  1 also  makes it                                                                    
     explicit  that  municipalities  would  be  required  to                                                                    
     maintain the  confidentiality of  the records,  and the                                                                    
     section limits  municipalities' access to  hunt records                                                                    
     to  those describing  activities occurring  within four                                                                    
     calendar years preceding a request for them.                                                                               
                                                                                                                                
     Section 2  gives the  Department of  Commerce authority                                                                  
     to  charge  a municipality  a  fee  for accessing  hunt                                                                    
     records,  should  expenses  to the  department  warrant                                                                    
     one.                                                                                                                       
                                                                                                                                
     Section  3 amends  statutes on  the confidentiality  of                                                                  
     records and reports required by the Department of                                                                          
     Fish & Game  to include that a  municipality is allowed                                                                    
     access to  records and reports of  guided sport fishing                                                                    
     activities  if the  municipality levies  a tax  on such                                                                    
     activities and requests the records  for the purpose of                                                                    
     verifying   taxes  payable.   Section  3   also  limits                                                                    
     municipalities'  access  to  sport fishing  records  to                                                                    
     those  describing  activities   occurring  within  four                                                                    
     calendar years preceding the request.                                                                                      
                                                                                                                                
     Section  4   gives  the  Department  of   Fish  &  Game                                                                  
     authority to charge a municipality  a fee for accessing                                                                    
     sport   fishing  records,   should   expenses  to   the                                                                    
     department warrant one.                                                                                                    
                                                                                                                                
    Section 5 provides for an immediate effective date.                                                                       
                                                                                                                                
10:10:56 AM                                                                                                                   
                                                                                                                                
Senator  Stevens thought  it was  important  to discuss  the                                                                    
rationale behind the bill and the problem it would solve.                                                                       
                                                                                                                                
Mr. Clark  stated that  the Lake  and Peninsula  Borough had                                                                    
brought the issue to the  sponsor because they believed that                                                                    
they may  be ceding $50  thousand to $100 thousand  per year                                                                    
because of unpaid local taxes.                                                                                                  
                                                                                                                                
10:12:00 AM                                                                                                                   
                                                                                                                                
Vice-Chair Bishop OPENED public testimony.                                                                                      
                                                                                                                                
RAY DEBARDELABEN,   KENAI    RIVER     PROFESSIONAL    GUIDE                                                                    
ASSOCIATION,   SOLDOTNA,  explained that  he  said that  log                                                                    
books had  been created for  Department of Fish and  Game to                                                                    
collect biological  data, which  was private  and privileged                                                                    
information.  He stressed  that  sport  fishery data  varied                                                                    
dramatically  depending  on  time  of  year,  location,  and                                                                    
equipment  used. He  believed that  the borough  already had                                                                    
programs  set  up  to  make   sure  that  taxes  were  being                                                                    
collected.                                                                                                                      
                                                                                                                                
10:14:03 AM                                                                                                                   
                                                                                                                                
JOHN ERICKSON, CITY AND BOROUGH OF YAKUTAT, YAKUTAT,                                                                            
testified  in  support of  the  bill.  He relayed  that  the                                                                    
borough was large  and collected taxes from 5  lodges in the                                                                    
area. He  said that some  people accessed the area  by plane                                                                    
that did not  come directly form the borough,  which made it                                                                    
difficult to know  who was using resources.  He thought that                                                                    
the  legislation  would  help  to   keep  tabs  on  who  was                                                                    
operating  within  the borough.  He  felt  that the  records                                                                    
would be safely stored to protect confidentiality.                                                                              
                                                                                                                                
Senator Stevens  asked how  much revenue  the city  had lost                                                                    
and how the tax would be collected for Yakutat.                                                                                 
                                                                                                                                
Mr. Erickson  replied that the  data would give the  city an                                                                    
idea of who was operating  within their borough, which would                                                                    
likely double the city's revenue.                                                                                               
                                                                                                                                
10:18:13 AM                                                                                                                   
                                                                                                                                
SUSAN  EDWARDS, LAKE  AND  PENINSULA  BOROUGH, KING  SALMON,                                                                    
spoke  in support  of the  bill. She  said that  without the                                                                    
legislation  it  was  difficult  for  the  borough  to  know                                                                    
whether currently reported numbers  were correct and whether                                                                    
all  guides  working  within   the  borough  were  reporting                                                                    
correctly. She  felt that the  issue of  confidentiality was                                                                    
laid out  in borough  code and  believed that  the amendment                                                                    
that  added  a penalty  for  breach  of confidentiality  had                                                                    
alleviated that issue.                                                                                                          
                                                                                                                                
Senator Stevens asked what recourse  was available if it was                                                                    
found that false reports had been made by guides.                                                                               
                                                                                                                                
Ms.  Edwards  thought having  access  to  the records  would                                                                    
decrease the  need for  punitive action on  the part  of the                                                                    
borough. She  noted that the  borough already had  fines for                                                                    
late and false reporting.                                                                                                       
                                                                                                                                
10:21:36 AM                                                                                                                   
                                                                                                                                
Vice-Chair  Bishop asked  Ms. Edwards  about potential  lost                                                                    
revenue.                                                                                                                        
                                                                                                                                
Ms. Edwards  was confident  that passage  of the  bill would                                                                    
increase revenue by $50,000 to $100,000 per year.                                                                               
                                                                                                                                
Vice-Chair Bishop  asked how much  outreach the  borough did                                                                    
to guides to educate on the process.                                                                                            
                                                                                                                                
Ms.  Edwards stated  that  the borough  had  worked hard  to                                                                    
reach  out  and  educate  guides.   She  said  that  at  the                                                                    
beginning  of the  process there  had been  approximately 40                                                                    
guides registered  with the borough, at  this juncture there                                                                    
were well over 120 guides in record.                                                                                            
                                                                                                                                
Vice-Chair Bishop CLOSED public testimony.                                                                                      
                                                                                                                                
CSHB 267(RES)  was HEARD and  HELD in committee  for further                                                                    
consideration.                                                                                                                  
                                                                                                                                
10:23:27 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:30:01 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB 151 Articles April 9 2018.pdf SFIN 4/16/2018 9:00:00 AM
HB 151
HB 151 Brief Explanation Version Y April 9 2018.pdf SFIN 4/16/2018 9:00:00 AM
HB 151
HB 151 Explanation of Changes Version Y April 10 2018.pdf SFIN 4/16/2018 9:00:00 AM
HB 151
HB 151 Combined Letters of Support 4.9.18.pdf SFIN 4/16/2018 9:00:00 AM
HB 151
HB 151 LetterOfSupport-R.O.C.K.MatSu-SCS CSHB151.pdf SFIN 4/16/2018 9:00:00 AM
HB 151
HB 151 Sponsor Statement Senate FIN April 9 2018 .pdf SFIN 4/16/2018 9:00:00 AM
HB 151
HB 151 Support for HB 151.pdf SFIN 4/16/2018 9:00:00 AM
HB 151
HB 151 Sectional Analysis Version Y April 10 2018.pdf SFIN 4/16/2018 9:00:00 AM
HB 151
HB 151 MSHF Letter of Support HB151 SEN FIN.pdf SFIN 4/16/2018 9:00:00 AM
HB 151
HB 267 CSHB267(RES) Sectional Summary--Release of Hunting and Fishing Records to Municipalities 2.26.18.pdf SFIN 4/16/2018 9:00:00 AM
HB 267
HB 267 CSHB267(RES) Sponsor Statement 2.23.18.pdf SFIN 4/16/2018 9:00:00 AM
HB 267
HB 267 Explanation of Changes--HB 267 Version D to Version O 2.26.18.pdf SFIN 4/16/2018 9:00:00 AM
HB 267
HB 267 Supporting Document--2 Letters Opposed 2.23.18.pdf SFIN 4/16/2018 9:00:00 AM
HB 267
HB 267 Supporting Document--SWAMC Resolution 3.8.18.pdf SFIN 4/16/2018 9:00:00 AM
HB 267
HB 267 Supporting Documents--Letters and Resolutions in Support 2.23.18.pdf SFIN 4/16/2018 9:00:00 AM
HB 267
HB 267 Supporting Document--Legal Consequences for Violating Confidentiality 2.23.18.pdf SFIN 4/16/2018 9:00:00 AM
HB 267
HB 267 Supporting Document--Lake and Peninsula Borough Municipal Code Title 6--2.23.18.pdf SFIN 4/16/2018 9:00:00 AM
HB 267
HB 151 Foster Care PowerPoint SEN FIN April 15 2018.pdf SFIN 4/16/2018 9:00:00 AM
HB 151
HB 151 ANDVSA Letter of Support HB 151.pdf SFIN 4/16/2018 9:00:00 AM
HB 151
HB 151 MSHF Letter of Support HB151 SEN FIN.pdf SFIN 4/16/2018 9:00:00 AM
HB 151
HB 151 LetterOfSupport-R.O.C.K.MatSu-SCS CSHB151.pdf SFIN 4/16/2018 9:00:00 AM
HB 151