Legislature(2023 - 2024)BUTROVICH 205

03/20/2024 03:30 PM Senate RESOURCES

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 194 REDUCE ROYALTY ON COOK INLET OIL & GAS TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 143 ADVANCED RECYCLING AND FACILITIES TELECONFERENCED
Heard & Held
-- Public Testimony --
+= SB 175 ELECTRONIC DEVICE RECYCLING TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 168 COMPENSATION FOR WRONGFULLY SEIZED GAME TELECONFERENCED
Moved CSSB 168(RES) Out of Committee
**Streamed live on AKL.tv**
         SB 168-COMPENSATION FOR WRONGFULLY SEIZED GAME                                                                     
                                                                                                                                
3:32:48 PM                                                                                                                    
CO-CHAIR  BISHOP announced  the  consideration of  SB 168  SENATE                                                               
BILL NO. 168 "An Act relating to wrongfully seized game."                                                                       
                                                                                                                                
3:33:08 PM                                                                                                                    
CO-CHAIR BISHOP solicited a motion.                                                                                             
                                                                                                                                
3:33:13 PM                                                                                                                    
CO-CHAIR GIESSEL  moved to adopt the  Senate committee substitute                                                               
(CS)  for  SB  168,  work   order  33-LS1071\R,  as  the  working                                                               
document.                                                                                                                       
                                                                                                                                
3:33:27 PM                                                                                                                    
CO-CHAIR BISHOP objected for purposes of discussion.                                                                            
                                                                                                                                
3:33:34 PM                                                                                                                    
ANNE  RITTGERS,   Staff,  Senator  Click  Bishop,   Alaska  State                                                               
Legislature,  Juneau,   Alaska,  presented  the   explanation  of                                                               
changes for SB 168:                                                                                                             
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                     Explanation of Changes                                                                                   
              SENATE CS for Senate Bill 168 (RES)                                                                               
               Version 33-LS1071\A to 33-LS1071\R                                                                               
                                                                                                                                
      The Senate Resource Committee adopted the following                                                                       
     changes:                                                                                                                   
                                                                                                                                
     Updated Title                                                                                                              
                                                                                                                                
     Section 1 (AS 16.05.197), page 1, lines 3-11,                                                                              
        • Changes compensation source from the "department"                                                                     
          to the "state"                                                                                                        
        • Names seized animals eligible for restitution:                                                                        
          bear, bison, caribou, deer, elk, goat, moose,                                                                         
          sheep or musk ox                                                                                                      
        • Defines monetary compensation eligibility to                                                                          
          those who are later found not guilty of violating                                                                     
          the statute or regulation or if the conviction is                                                                     
          overturned on appeal or otherwise set aside                                                                           
                                                                                                                                
     Section 2  new section                                                                                                     
          Allows  for  monetary   compensation  to  be  paid                                                                    
          equivalent  to  existing restitution  statute,  AS                                                                    
          16.05.925(b),   and   adjusts    the   amount   of                                                                    
          restitution for inflation                                                                                             
                                                                                                                                
3:33:58 PM                                                                                                                    
SENATOR CLAMAN joined the meeting.                                                                                              
                                                                                                                                
3:34:46 PM                                                                                                                    
SENATOR DUNBAR asked whether the  price of beef was removed under                                                               
these changes.                                                                                                                  
                                                                                                                                
3:35:00 PM                                                                                                                    
MS.  RITTGERS  confirmed that  it  was  removed. She  recommended                                                               
reviewing page 2,  line 3 of SB 168. The  animals are listed with                                                               
a dollar amount in restitution payments.                                                                                        
                                                                                                                                
3:35:22 PM                                                                                                                    
CO-CHAIR BISHOP removed  his objection to the adoption  of CS for                                                               
SB 168.                                                                                                                         
                                                                                                                                
3:35:32 PM                                                                                                                    
SENATOR CLAMAN asked what would happen  if meat were seized and a                                                               
not-guilty verdict was determined.                                                                                              
                                                                                                                                
3:35:59 PM                                                                                                                    
ALPHEUS  BULLARD,  Attorney,  Division   of  Legal  and  Research                                                               
Services, Legislative  Affairs Agency, Juneau,  Alaska, testified                                                               
on SB 168. He introduced himself.                                                                                               
                                                                                                                                
3:37:05 PM                                                                                                                    
SENATOR CLAMAN  asked what would  happen if  prosecution declined                                                               
to  prosecute, but  the  game  is no  longer  in the  appropriate                                                               
condition to  return to the  hunter, and a not-guilty  finding is                                                               
determined.                                                                                                                     
                                                                                                                                
3:36:51 PM                                                                                                                    
MR. BULLARD replied that without  a conviction, there would be no                                                               
compensation provided to the individual.                                                                                        
                                                                                                                                
3:37:04 PM                                                                                                                    
SENATOR CLAMAN clarified  that a guilty verdict  would not result                                                               
in  compensation, whereas  his question  is specifically  about a                                                               
not-guilty finding based on a decision to not prosecute.                                                                        
                                                                                                                                
3:37:25 PM                                                                                                                    
MR. BULLARD  replied that those  terms provide that  a conviction                                                               
is required  for compensation  for the case  to be  overturned or                                                               
set  aside. If  the department  decided not  to prosecute,  there                                                               
would  not  be  an  opportunity  for  an  individual  to  receive                                                               
compensation from the state.                                                                                                    
                                                                                                                                
3:38:07 PM                                                                                                                    
SENATOR CLAMAN stated that it corroborated his belief.                                                                          
                                                                                                                                
3:38:28 PM                                                                                                                    
SENATOR  DUNBAR requested  input from  a representative  from the                                                               
Department of Law. He asked how  frequently the state is found to                                                               
be in the  right when prosecuting for wrongfully  seized game. He                                                               
wondered  if   this  legislation  has  a   positive  fiscal  note                                                               
considering there  would be  an increase  in penalty  amounts and                                                               
additional  monetary damages  collected under  section 2  of CSSB
168. He  opined that it  is an  unusual practice to  pay monetary                                                               
damages.  However, it  is  not unusual  to  fine individuals  for                                                               
wrongful practices.  He asked whether  the department  provided a                                                               
differing fiscal note.                                                                                                          
                                                                                                                                
3:39:51 PM                                                                                                                    
MS. RITTGERS  noted that the  Alaska Department of Fish  and Game                                                               
(ADFG) submitted an indeterminate  fiscal note and indicated that                                                               
if Version  R was adopted  by the committee, it  would reconsider                                                               
that based on the new committee substitute.                                                                                     
                                                                                                                                
3:40:03 PM                                                                                                                    
SENATOR DUNBAR asked  if a representative from  ADFG is available                                                               
to comment.                                                                                                                     
                                                                                                                                
3:40:09 PM                                                                                                                    
CO-CHAIR BISHOP  replied no and  asked whether he would  like the                                                               
committee to set aside SB 168.                                                                                                  
                                                                                                                                
3:40:12 PM                                                                                                                    
SENATOR  DUNBAR  stated that  he  would  not unnecessarily  delay                                                               
progress on SB 168 and mentioned  that the bill would be heard in                                                               
Senate  Finance Committee.  He noted  that it  is an  interesting                                                               
question  and reiterated  that it  could have  a positive  fiscal                                                               
impact if fines are more frequent than compensation.                                                                            
                                                                                                                                
3:40:27 PM                                                                                                                    
CO-CHAIR BISHOP replied that it is a restitution bill.                                                                          
                                                                                                                                
3:40:29 PM                                                                                                                    
SENATOR  DUNBAR asked  for clarification  AS 16.05.925(b)(2)  and                                                               
wondered whether restitution to  the state occurs more frequently                                                               
than compensation to hunters.                                                                                                   
                                                                                                                                
3:40:52 PM                                                                                                                    
CO-CHAIR BISHOP  asked whether he  believes CSSB 168  indicates a                                                               
positive note.                                                                                                                  
                                                                                                                                
3:40:54 PM                                                                                                                    
SENATOR DUNBAR replied yes.                                                                                                     
                                                                                                                                
3:40:55 PM                                                                                                                    
CO-CHAIR  BISHOP  remarked  that  Senator  Dunbar  asked  a  good                                                               
question.                                                                                                                       
                                                                                                                                
3:40:58 PM                                                                                                                    
CO-CHAIR GIESSEL  recommended asking  the bill sponsor  for input                                                               
on the prevalence of convictions versus restitution.                                                                            
                                                                                                                                
3:41:20 PM                                                                                                                    
SENATOR  JESSE BJORKMAN,  District D,  Alaska State  Legislature,                                                               
Juneau,  Alaska, sponsor  of  SB  168. He  said  most cases  that                                                               
brought  causal  action for  the  legislation  are dismissed.  He                                                               
opined that Senator Claman's question was well taken.                                                                           
                                                                                                                                
3:41:56 PM                                                                                                                    
SENATOR  DUNBAR expressed  appreciation for  the fairness  of the                                                               
committee   substitute  version   of   SB   168,  which   details                                                               
restitution   payments  to   the   state  and   vice  versa.   He                                                               
acknowledged  the  significant  increase in  restitution  payment                                                               
amounts  and  realized  that  the   cases  presented  to  Senator                                                               
Bjorkman entail wrongdoings, whereas the  state is found to be in                                                               
the  right. He  asked whether  he is  aware of  the frequency  of                                                               
these scenarios.                                                                                                                
                                                                                                                                
3:42:30 PM                                                                                                                    
SENATOR  BJORKMAN replied  he is  unsure of  the total  number of                                                               
annual violations that  would lead to a  restitution payment that                                                               
reflects the  schedule. While he  acknowledged the intent  of the                                                               
question, he noted  that he could not decisively  take a position                                                               
without first  obtaining relevant  data but noted  Senator Dunbar                                                               
may be onto something.                                                                                                          
                                                                                                                                
3:43:00 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  Mr. Bullard  whether  AS  16.05.197                                                               
implies that  compensation is unnecessary  if the game  is seized                                                               
and  charges are  later dismissed,  or if  existing law  requires                                                               
compensation to the individual.                                                                                                 
                                                                                                                                
3:43:43 PM                                                                                                                    
MR.  BULLARD replied  that it  is his  understanding there  is no                                                               
common  law  principle or  other  statute  that would  require  a                                                               
different result. The provision would operate as written.                                                                       
                                                                                                                                
3:44:02 PM                                                                                                                    
SENATOR WIELECHOWSKI asked for  confirmation of his understanding                                                               
that there  is an existing  provision that  requires compensation                                                               
for wrongfully seized game.                                                                                                     
                                                                                                                                
3:44:15 PM                                                                                                                    
MR. BULLARD stated that he is unaware of that requirement.                                                                      
                                                                                                                                
3:44:23 PM                                                                                                                    
SENATOR WIELECHOWSKI asked if oversight  is needed and whether he                                                               
recommends  making changes  to bill  language  in Senate  Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
3:44:28 PM                                                                                                                    
CO-CHAIR BISHOP asked  if the judge has the  authority to require                                                               
ADFG to compensate for wrongfully seized game.                                                                                  
                                                                                                                                
(TIMESTAMP)                                                                                                                     
SENATOR  CLAMAN clarified  that he  is asking  about the  judge's                                                               
ability  to  require  compensation  once the  case  is  dismissed                                                               
rather than following a not-guilty finding.                                                                                     
                                                                                                                                
(TIMESTAMP)                                                                                                                     
CO-CHAIR BISHOP confirmed that is correct.                                                                                      
                                                                                                                                
3:44:55 PM                                                                                                                    
MR. BULLARD replied that every  situation is different. He stated                                                               
that he is unaware of a  universal principle that would mandate a                                                               
judge  to  require that.  That  said,  the  specific facts  of  a                                                               
particular   case   could  result   in   a   judge  making   that                                                               
determination.                                                                                                                  
                                                                                                                                
3:45:24 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:45:45 PM                                                                                                                    
CO-CHAIR BISHOP reconvened the meeting.                                                                                         
                                                                                                                                
3:45:53 PM                                                                                                                    
SENATOR CLAMAN  noted that he  largely understands the  intent of                                                               
SB 168.  He opined  that compensation should  be required  in the                                                               
instance of  a case dismissal to  avoid the risk of  small claims                                                               
actions. He expressed  his belief that the existing  gap under SB
168 should  be filled. However,  he acknowledged that  the Senate                                                               
Finance Committee could address that question.                                                                                  
                                                                                                                                
3:46:52 PM                                                                                                                    
CO-CHAIR BISHOP  wondered whether it could  potentially turn into                                                               
a positive fiscal note.                                                                                                         
                                                                                                                                
3:46:59 PM                                                                                                                    
CO-CHAIR  restated he  removed his  objection;  found no  further                                                               
objection and CSSB 168 was adopted as the working document.                                                                     
                                                                                                                                
3:47:08 PM                                                                                                                    
CO-CHAIR  GIESSEL  moved  to  report CSHB  168,  work  order  33-                                                               
LS1071\R,  from  committee  with individual  recommendations  and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
3:47:25 PM                                                                                                                    
CO-CHAIR BISHOP found no objection  and CSHB 168(RES)was reported                                                               
from the Senate Resources Standing Committee.                                                                                   
                                                                                                                                
3:47:29 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
SB 175 Supporting Documents_Alaska Electronics Product Stewardship Summary.pdf SRES 3/20/2024 3:30:00 PM
SB 175
SB 175 Letter of Support 3.19.24.pdf SRES 3/20/2024 3:30:00 PM
SB 175
SB 175 Letter of Opposition 3.19.24.pdf SRES 3/20/2024 3:30:00 PM
SB 175
HB 143 HRES Response to SRES 03.20.24.pdf SRES 3/20/2024 3:30:00 PM
HB 143
HB 143 DEC Response to SRES 03.20.24.pdf SRES 3/20/2024 3:30:00 PM
HB 143
SB 175 DEC Response to SRES 03.20.24.pdf SRES 3/20/2024 3:30:00 PM
SB 175