Legislature(1993 - 1994)
03/17/1993 08:00 AM House RES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
JOINT MEETING OF THE
HOUSE AND SENATE RESOURCES STANDING COMMITTEES
March 17, 1993
8:00 a.m.
HOUSE RESOURCES MEMBERS PRESENT
Representative Bill Williams, Chairman
Representative Bill Hudson, Vice Chairman
Representative Con Bunde
Representative Pat Carney
Representative John Davies
Representative Joe Green
Representative Jeannette James
Representative David Finkelstein
HOUSE RESOURCES MEMBERS ABSENT
Representative Eldon Mulder
SENATE RESOURCES MEMBERS PRESENT
Senator Mike Miller, Chairman
Senator Loren Leman, Vice Chairman
SENATE RESOURCES MEMBERS ABSENT
Senator Al Adams
Senator Dave Donley
Senator Drue Pearce
Senator Fred Zharoff
Senator Steve Frank
COMMITTEE CALENDAR
Confirmation Hearings
Board of Fisheries: Larry Edfelt
Deborah Lyons
Dick Jacobsen
John Hanson
COMMITTEE REPORTS SIGNED ON BOARD OF FISHERIES
APPOINTEES
Board of Game: Susan Entsminger
Ann Ruggles
Jack Didrickson
Ernie Polley
Roger Huntington
TESTIMONY HEARD, NO ACTION TAKEN ON BOARD OF GAME
APPOINTEES
WITNESS REGISTER
Dan McQueen
Salmon Busters
3222 Tide Avenue
Ketchikan, Alaska 99901
Phone: 2225-2731
Position Statement: Opposed Deborah Lyons' confirmation
Linda Behnken
Alaska Longline Fishermen's Association
403 Lincoln Street
Sitka, Alaska 99835
Phone: 747-3400
Position Statement: Supported confirmation of Deborah Lyons
and Dick Jacobsen
Gordon Jensen
P.O. Box 264
Petersburg, Alaska 99833
Phone: 772-4705
Position Statement: Supported Deborah Lyons' confirmation
Jim Bacon, President
Southeast Alaska Seiners Association
9226 Long Run Drive
Juneau, Alaska 99801
Phone: 789-5117
Position Statement: Supported Deborah Lyons' confirmation
Tom Ramiskey
Ketchikan Marine Charters
428 Tower St.
Ketchikan, Alaska 99901
Phone: 225-9225
Position Statement: Opposed Deborah Lyons' confirmation
Greg Cushing
407 Hemlock St.
Sitka, Alaska 99835
Phone: 747-3195
Position Statement: Supported Deborah Lyons' confirmation
Russell Heath
Alaska Environmental Lobby
P.O. Box 22151
Juneau, Alaska 99802
Phone: 463-3366
Position Statement: Opposed Susan Entsminger's confirmation
Max Holtzinger
Alaska Trollers Board of Directors
P.O. Box 846
Petersburg, Alaska 99833
Phone: 772-3627
Position Statement: Supported Deborah Lyons' confirmation
Tony Guggenbuickler
P.O. Box 393
Wrangell, Alaska 99829
Phone: 874-3658
Position Statement: Supported Deborah Lyons and Dick
Jacobsen's confirmation
Nicole Evans
Alaska Wildlife Alliance
P.O. Box 202022
Anchorage, Alaska 99520
Phone: 277-0897
Position Statement: Opposed Susan Entsminger's confirmation
Jerry McCune
United Fishermen of Alaska
211 Fourth Street, Suite 112
Juneau, Alaska 99801
Phone: 586-2820
Position Statement: Supported Deborah Lyons and Dick
Jacobsen's confirmation
Andy Rauwolf, President
Herring Coalition
7942 S. Tongass Highway
Ketchikan, Alaska 99901
Phone: 225-3697
Position Statement: Opposed Deborah Lyons' confirmation
Loren Croxton
P.O. Box 1410
Petersburg, Alaska 99833
Phone: 772-3622
Position Statement: Supported Deborah Lyons' confirmation
Al Crayne
P.O. Box 1183
Wrangell, Alaska 99929
Phone: 874-3192
Position Statement: Supported Deborah Lyons' confirmation
Brian Warmuth, Chairman
Ketchikan Trollers Committee
P.O. Box 6382
Ketchikan, Alaska 99901
Phone: 225-0432
Position Statement: Supported Deborah Lyons and John Hanson
Chip Thoma
Two Marine Way
Juneau, Alaska 99801
Position Statement: Opposed Susan Entsminger's confirmation
Dennis Randa, President
Alaska Council of Trout Unlimited
P.O. Box 3055
Soldotna, Alaska 99669
Phone: 262-5920
Position Statement: Supported John Hanson and Larry Edfelt's
confirmation; opposed Deborah Lyons'
confirmation; neutral on Dick Jacobsen's
confirmation
Larry Malloy
Kodiak Regional Aquaculture Association
104 Center Ave., Suite 202
Kodiak, Alaska 99615
Position Statement: Supported Deborah Lyons' and Dick
Jacobsen's confirmation
Bob Jahnke
P.O. Box 991
Ward Cove, Alaska 99928
Phone: 247-8207
Position Statement: Supported Deborah Lyons, John Hanson and
Susan Entsminger's confirmation
Steve Wells
P.O. Box 202219
Anchorage, Alaska 99520
Phone: 277-0897
Position Statement: Opposed Susan Entsminger's confirmation
Dave Otte
P.O. Box 3069
Ketchikan, Alaska 99901
Phone: 225-7814
Position Statement: Supported Deborah Lyons' confirmation
Bill Burk
P.O. Box 240742
Douglas, Alaska 99824
Phone: 780-6019
Position Statement: Opposed Susan Entsminger's confirmation
Richard Hoffman, President
Alaska Trollers Association
5025 Thane Road
Juneau, Alaska 99801
Phone: 586-9400
Position Statement: Supported Deborah Lyons' confirmation
John George
Alaska Outdoor Council
9515 Moraine Way
Juneau, Alaska 99801
Phone: 789-0172
Position Statement: Supported Susan Entsminger's
confirmation; Opposed Deborah Lyons'
confirmation
Allan Keech
P.O. Box 362
Tok, Alaska 99929
Phone: 883-5330
Position Statement: Supported confirmation of Susan
Entsminger, Roger Huntington, Ernie
Polley, Jack Didrickson
ACTION NARRATIVE
TAPE 93-31, SIDE A
Number 000
The joint meeting of the House and Senate Resources
Committees was called to order by House Resources Chairman
Bill Williams at 8:10 a.m. House Resources members present
at the call to order were Representatives Williams, Bunde,
Carney, Davies, Green, and James. Members absent were
Representatives Hudson, Mulder and Finkelstein.
Senate Resources member present at the call to order was
Senator Miller. Senate members absent at the call were
Senators Leman, Adams, Donley, Pearce, Zharoff and Frank.
Number 050
CHAIRMAN BILL WILLIAMS announced there was a quorum present
of the House Resources members and the purpose of the
meeting was to hear public testimony on nominees to the
Boards of Fisheries and Game. He reminded members present
that the meeting was being held by teleconference, with
sites in Anchorage, Fairbanks, Ketchikan, Kodiak, Cordova,
Kenai, Soldotna, Valdez, and Wrangell.
Number 060
SENATE RESOURCES CHAIRMAN MIKE MILLER announced most of the
members of his committee had time conflicts because of
Senate Finance Committee meetings. He said the Senate
Resources Committee had already heard public testimony on
Game Board appointees but not on Board of Fisheries'
appointees.
Number 065
CHAIRMAN WILLIAMS remarked that if time allowed, the House
Resources Committee might take action after hearing public
testimony. He added the committee would consider the legal
situation surrounding Jack Didrickson's confirmation to the
Board of Game, if time allowed.
Number 118
DAN MCQUEEN, OF SALMON BUSTERS IN KETCHIKAN, testified by
teleconference that change was needed on the Board of
Fisheries. He expressed concern over diminishing herring
stocks in Southeast Alaska and felt the Board of Fisheries
had ignored the concerns of Southeast.
Number 165
LINDA BEHNKEN, REPRESENTING ALASKA LONGLINE FISHERMEN'S
ASSOCIATION, testified from Sitka by teleconference. She
urged the committee not to change the current composition of
the Board of Fisheries. She said the board adequately
represents the various regions and areas of expertise of the
state's fisheries. She recommended the confirmation of
Deborah Lyons and Dick Jacobsen.
Number 195
CHAIRMAN WILLIAMS noted Representatives Hudson and
Finkelstein had joined the meeting.
GORDON JENSEN, SPORT FISHERMAN FROM PETERSBURG, testified by
teleconference that Deborah Lyons had done a good job on the
Board of Fisheries.
Number 211
JIM BACON, PRESIDENT OF SOUTHEAST ALASKA SEINERS
ASSOCIATION, testified in Juneau in support of the
confirmation of Deborah Lyons to the Board of Fisheries. He
referred to written testimony by his association in
committee members' packets. (A copy of Mr. Bacon's
testimony may be found in the House Resources Committee
Room, Capitol 124, and after the adjournment of the second
session of the 18th Alaska State Legislature, in the
Legislative Reference Library.)
Number 230
TOM RAMISKEY, KETCHIKAN MARINE CHARTERS, testified by
teleconference in opposition to the confirmation of Deborah
Lyons to the Board of Fisheries. He urged more diversity on
the board in compliance with statutory provisions. He
commented that the representation of commercial fishing
interests among board members creates an intrinsic bias on
the board, and compromises the conservation mission of the
board.
Number 268
GREG CUSHING, FISHERMAN, testified by teleconference from
Sitka. He told the committee that as a sport fisherman,
charter boat operator and commercial fisherman, he felt
Deborah Lyons provided balance on the Board of Fisheries and
supported her confirmation.
Number 305
RUSSELL HEATH, ALASKA ENVIRONMENTAL LOBBY, testified in
Juneau in opposition to the confirmation of Susan Entsminger
to the Board of Game. He objected to her support of
predator control and policies that do not protect the
ecosystem. He said a variety of interests and
constituencies should be represented on the board, and sport
hunters were already over-represented on the board, with no
representation from the environmental community, tourism,
non-consumptive users, or regionally, from Southwestern or
Southeast Alaska.
Number 331
MAX HOLTZINGER, ALASKA TROLLERS BOARD, testified from
Petersburg by teleconference in support of Deborah Lyons'
confirmation to the Board of Fisheries. He told the
committee Ms. Lyons bring knowledge of a diversity of
fisheries to the board.
Number 350
TONY GUGGENBUICKLER testified by teleconference from
Wrangell in support of Deborah Lyons and Dick Jacobsen for
the Board of Fisheries. He commented that Ms. Lyons bring
an understanding of the trolling industry, which he said was
unique to Southeast. He believed the charter industry was
already sufficiently represented on the board.
Number 370
NICOLE EVANS, ALASKA WILDLIFE ALLIANCE, testified by
teleconference from Anchorage in opposition to the
confirmation of Susan Entsminger to the Board of Game,
because the Alliance felt Ms. Entsminger's consumptive use
focus would not help diversify the board. She listed a
number of state and national environmental groups with
representation in Alaska. These included the Alaska Center
for the Environment, the Alaska Wildlife Alliance, Green
Peace, Northern Alaska Environmental Center, Sierra Club,
Trustees for Alaska, the Wilderness Society, and Wolf Haven
International.
MS. EVANS said the groups met and wrote to Governor Hickel
arguing the Board of Game did not adequately represent the
interests of the majority of Alaskans. She referred to
surveys which she said showed 70% of Alaskans were opposed
to the state's recent decisions on wolf control. The
Alaska Visitors Association, Wolf Haven and the Alaska
Wildlife Alliance commissioned the studies, she said.
MS. EVANS pointed out the groups urged the governor to
ensure appointments to the Board of Game reflect the diverse
attitudes of Alaskans. To maintain the status quo, she
said, would bring the board's credibility into question.
REPRESENTATIVE CON BUNDE asked if the Wildlife Alliance had
taken a position on the appointment of Anne Ruggles to the
Board of Game.
Number 424
MS. EVANS replied that the Alliance had taken no official
position, but would support Ms. Ruggles' confirmation.
REPRESENTATIVE BUNDE addressed the consumptive use focus of
the board, and asked whether there were non-consumptive
users of Alaska's wildlife.
MS. EVANS answered in the affirmative.
REPRESENTATIVE BUNDE asked whether she would consider as
consumptive or non-consumptive use the eating of crops
raised on lands that displaced wildlife.
MS. EVANS appreciated that perspective, but felt it was
steering from the issue at hand. She again expressed
concern that no one on the Board of Game represented the
non-harvest consumptive use.
Number 454
SENATOR LOREN LEMAN asked whether the Wildlife Alliance had
taken positions on any of the other appointees to the Board
of Game.
MS. EVANS responded that none had been prepared, but she
would submit written recommendations on the other
appointees.
SENATE RESOURCES CHAIRMAN MILLER noted for the record that
because Representative Williams had to leave the meeting
temporarily, he would act as chairman of the joint meeting.
Number 469
JERRY MCCUNE, UNITED FISHERMEN OF ALASKA (UFA), testified in
Juneau in support of Deborah Lyons and Dick Jacobsen for the
Board of Fisheries. On behalf of the twenty member
associations of United Fishermen, he said both have been
fair in their decisions and are knowledgeable about various
fisheries.
Number 484
REPRESENTATIVE BUNDE referred to earlier statements
regarding Ms. Lyons' representation of trollers, and asked
Mr. McCune to comment on whether the emphasis should be on
knowledge of a diverse range of fisheries, or representation
of a particular fishery interest.
MR. MCCUNE said the criteria he would consider most
important for a board member included a willingness to study
the issues and listen to a variety of viewpoints.
Experience in fishing also would be important, he said. He
felt Ms. Lyons possessed those qualifications.
Number 510
SENATOR LEMAN asked whether the UFA had taken an official
position on the confirmation of Larry Edfelt or John Hanson.
MR. MCCUNE answered in the negative.
Number 528
ANDY RAUWOLF, PRESIDENT OF THE HERRING COALITION, testified
by teleconference from Ketchikan. He said the coalition is
not involved in commercial fisheries. The Board of
Fisheries, he suggested, should represent a full spectrum of
interests. He recommended the composition of the board
should include a conservationist and an independent marine
biologist not associated with the Alaska Department of Fish
and Game (ADF&G). He felt the ADF&G was reluctant to admit
problems with any managed fisheries. He expressed concern
over diminishing herring stocks in Southeast Alaska, and
concluded his testimony by stating opposition to Deborah
Lyons' confirmation.
Number 547
LOREN CROXTON testified by teleconference from Petersburg in
support of Deborah Lyons' confirmation to the Board of
Fisheries. He said her performance on the board has been
outstanding.
Number 560
AL CRAYNE, COMMERCIAL FISHERMAN, testified from Wrangell by
teleconference in support of Deborah Lyons.
BRIAN WARMUTH, CHAIRMAN OF THE KETCHIKAN TROLLERS COMMITTEE,
testified from Ketchikan by teleconference. He expressed
support for the appointments of both Deborah Lyons and John
Hanson, whom he called model board members.
CHIP THOMA asked the Chairman whether the Senate Resources
Committee had heard all testimony on Board of Game
appointees.
CHAIRMAN MILLER replied that the committee had heard
testimony on all appointees to the Board of Game except
Susan Entsminger.
Number 587
DENNIS RANDA, PRESIDENT OF THE ALASKA COUNCIL OF TROUT
UNLIMITED, testified by teleconference from Anchorage. He
recommended changes to the Board of Fisheries, and called
the current composition pro-commercial fishing. He spoke in
support of John Hanson, stated a neutral position on Dick
Jacobsen, support for Larry Edfelt, and vigorous opposition
to Deborah Lyons.
CHAIRMAN MILLER corrected his previous statement to Chip
Thoma, and clarified he had been out of town when the House
and Senate Resources Committees held a previous joint
meeting and Ms. Entsminger testified. He explained public
testimony regarding Ms. Entsminger would be taken at this
meeting.
Number 624
MR. THOMA commented on the nomination of Susan Entsminger of
Tok, Alaska. He raised the issue of diversity on the Board
of Game, and called Ms. Entsminger's nomination another case
of the administration failing to provide diversity. He also
expressed ethical concerns with her failure to mention in
her resume or during her testimony that she had been serving
as a member of the Board of Guides (Big Game Commercial
Services Board) concurrently with her nomination to the Game
Board.
MR. THOMA was shocked that Ms. Entsminger would fail to
mention her service on the board, especially in light of her
extensive resume. He questioned the actions of the
administration in the nomination process, stating that
Tuckerman Babcock of the Governor's Office had removed Ms.
Entsminger's name from the Guide Board and replaced it with
another name after Ms. Entsminger had appeared before the
Resources Committee in her confirmation hearing. Mr. Thoma
called the action unethical.
MR. THOMA also raised the issue that Ms. Entsminger had
claimed to have support from the Alaskan Native community.
He stated her opposition to subsistence was inconsistent
with her claim. He called Ms. Entsminger's appointment
divisive, and predicted dire results stemming from
nominations to the board that "are contrary to the proper
use of wildlife" in Alaska. He suggested environmental
groups might initiate further boycotts such as the one that
resulted from recent Game Board decisions on wolf hunting.
Number 672
REPRESENTATIVE BUNDE asked Mr. Thoma to clarify which board
Ms. Entsminger had served on.
MR. THOMA repeated that it was the Board of Guides.
Number 679
LARRY MALLOY, KODIAK REGIONAL AQUACULTURE ASSOCIATION,
testified by teleconference from Kodiak. He stated the
association's support for the appointment of Deborah Lyons
and Dick Jacobsen. He was impressed with their level of
commitment to the board.
CHAIRMAN WILLIAMS resumed chairmanship of the meeting. He
called for testimony from Ketchikan.
Number 700
BOB JAHNKE expressed strong support for the confirmation of
Deborah Lyons and John Hanson to the Board of Fisheries. He
also spoke in support of Susan Entsminger to the Board of
Game.
TAPE 93-31, SIDE B
Number 029
STEVE WELLS testified from Anchorage in opposition to the
appointment of Susan Entsminger to the Board of Game. He
stated Ms. Entsminger had demonstrated a strong bias toward
consumptive use of wildlife and extreme management
practices. He believed the board needs diversity in its
composition.
DAVE OTTE, COMMERCIAL TROLLER, testified from Ketchikan in
support of Deborah Lyons for the Board of Fisheries. He
believed she did a fair job.
Number 050
BILL BURK testified in Juneau, stating strong opposition to
the nomination of Susan Entsminger to the Board of Game. He
objected to the lack of diversity on the board, and
expressed concern that Ms. Entsminger's decisions would lean
toward management that would benefit her fur business and
her husband's taxidermy business. He called this bias a
conflict of interest. He also mentioned Ms. Entsminger's
advertising for her fur company in which she posed in a fur
bikini. He called this unprofessional conduct and
recommended the board be represented by individuals who
display professional conduct.
REPRESENTATIVE BUNDE asked Mr. Burk whether he had any
problem with the Board of Fisheries being comprised of
commercial fishermen.
MR. BURK replied in the negative.
Number 086
RICHARD HOFFMAN, PRESIDENT OF ALASKA TROLLERS ASSOCIATION,
testified in support of Deborah Lyons' nomination. He said
Ms. Lyons was knowledgeable and was a strong asset on the
Board of Fisheries.
Number 099
JOHN GEORGE, ALASKA OUTDOOR COUNCIL, spoke in support of
Susan Entsminger's appointment to the Board of Game. He
opposed the reappointment of Deborah Lyons, stating she had
not represented the interests of sports fishing.
Number 128
REPRESENTATIVE BUNDE asked Mr. George his opinion on board
appointees whose livelihood depends on the resource being
managed. He asked whether this should be considered a
conflict of interest.
MR. GEORGE responded that everyone has some biases they
bring to the table. He stated biases can be reasonably
overcome when board members are willing to look at all the
facts.
Number 153
ALAN KEECH testified from Tok in support of Game Board
appointees Susan Entsminger, Roger Huntington, Ernie Polley
and Jack Didrickson. He stated the appointees would serve
in the interests of rural resource users and consumers.
CHAIRMAN WILLIAMS ADJOURNED the joint session and announced
the House Resources Committee would continue to meet and
take up committee action on the appointments to the Boards
of Game and Fisheries.
SENATE RESOURCES CHAIRMAN MILLER thanked the House Resources
Committee members for the opportunity to hear public
testimony. He ADJOURNED the Senate Resources Committee at
9:00 a.m.
Number 189
CHAIRMAN WILLIAMS told the committee members he would like
to proceed with action on the Board of Fisheries
appointments and delay the Board of Game confirmations to
allow more information on the legal question surrounding the
appointment of Jack Didrickson.
Number 203
VICE CHAIRMAN BILL HUDSON stated since the committee had
heard testimony on the Board of Fisheries appointees, he
made a MOTION to ADVANCE the nominations of Larry Edfelt,
John Hanson, Dick Jacobsen and Deborah Lyons.
REPRESENTATIVE BUNDE OBJECTED, and stated he would like to
have the committee vote separately on each appointee. He
OFFERED that suggestion as a friendly AMENDMENT to
Representative Hudson's motion.
VICE CHAIRMAN HUDSON ACCEPTED the friendly AMENDMENT. He
made a MOTION and asked unanimous consent to ADVANCE with
individual recommendations the confirmation of Larry Edfelt.
CHAIRMAN WILLIAMS asked for objections. Hearing none, the
MOTION PASSED.
VICE CHAIRMAN HUDSON MOVED and asked unanimous consent to
ADVANCE the confirmation of John Hanson, with individual
recommendations.
CHAIRMAN WILLIAMS asked for objections. Hearing none, the
MOTION PASSED.
VICE CHAIRMAN HUDSON MOVED and asked unanimous consent to
ADVANCE the confirmation of Dick Jacobsen, with individual
recommendations.
CHAIRMAN WILLIAMS asked whether there were any objections.
Hearing none, the MOTION PASSED.
VICE CHAIRMAN HUDSON MOVED and asked unanimous consent to
ADVANCE the confirmation of Deborah Lyons, with individual
recommendations.
CHAIRMAN WILLIAMS asked for objections. OBJECTIONS were
heard and discussion followed.
REPRESENTATIVE DAVID FINKELSTEIN asked the chairman to
clarify the procedural issue regarding the motion before the
committee. It was his understanding that the names of the
nominees had to go to the floor of the house no matter what,
and committee members would show opposition to any
individual nominee when they sign the committee report.
VICE CHAIRMAN HUDSON agreed with Representative
Finkelstein's interpretation of the procedure. He said the
committee's responsibility in the confirmation process is to
take testimony, then to advance the nominations to the floor
of the house.
Number 260
REPRESENTATIVE BUNDE explained that he wanted his objection
on the record to sending all Board of Fisheries nominations
from the committee as a unit.
REPRESENTATIVE JOE GREEN expressed concern that the record
should indicate committee members feelings other than a yea
or nay.
CHAIRMAN WILLIAMS noted with the individual recommendations
on the committee report forms, committee members could
indicate their support or opposition.
Number 286
REPRESENTATIVE JEANNETTE JAMES expressed concern with the
process. She asked why the committee even needed a motion
to move a confirmation or if they were obligated to do so.
Number 297
VICE CHAIRMAN HUDSON explained the process was to put the
committee's individual recommendations before the full house
when the report form is read on the floor. He said the
motion is a formality for disposing of the confirmations
that were presented to the committee.
CHAIRMAN WILLIAMS explained the options on the committee
report form, which the members could sign either do pass, do
not pass, or no recommendation.
Number 328
REPRESENTATIVE JOHN DAVIES stated a valid reason to object
to advancing a name for confirmation would be if the
committee needed more information or testimony.
CHAIRMAN WILLIAMS, after further discussion on the
procedural questions of advancing confirmations, repeated
the motion remaining before the members was to advance the
confirmation of Deborah Lyons to the Board of Fisheries. He
asked members to signify by voting yea or nay on the motion.
The MOTION CARRIED, with Representatives James, Green and
Bunde voting NAY.
Number 382
CHAIRMAN WILLIAMS addressed the confirmation of appointees
to the Board of Game. He discussed the options surrounding
the legal question of the appointment of Jack Didrickson.
Referring to the legal opinion from the Division of Legal
Services, Chairman Williams summarized the situation. He
said after Mr. Didrickson had initially been appointed to
the Board of Game, but had not yet been confirmed, Governor
Hickel withdrew Mr. Didrickson from the board and nominated
Ernie Polley. No cause for Mr. Didrickson's removal was
given, Chairman Williams explained, which the Division of
Legal Services said was illegal. He asked committee members
how they would like to proceed.
REPRESENTATIVE JOHN DAVIES asked what the effect would be if
Mr. Didrickson was not confirmed.
CHAIRMAN WILLIAMS responded that if no action was taken this
session, that seat would remain unconfirmed.
Number 400
VICE CHAIRMAN HUDSON also responded to Representative
Davies' question. He remarked that there are actually four
seats open on the Board of Game, but because of the
situation with the Didrickson/Polley nominations, there are
five names before the legislature to fill the four seats.
The question, he said, was whether the committee could
advance all five names, or, if only four were to be
advanced. He suggested another joint meeting with Senate
Resources to decide which four appointees to advance for
confirmation on the floor.
Number 424
REPRESENTATIVE DAVIES put forth another option, in line with
the attorney's opinion that Mr. Didrickson is still legally
on the board, and perhaps his name could be held and only
three names advanced from the committee.
VICE CHAIR HUDSON clarified Mr. Didrickson had never been
confirmed.
CHAIRMAN WILLIAMS reminded committee members that because of
legal opinions Mr. Didrickson is still the legal nominee,
and there is a question of whether Mr. Polley's name is
legally before the legislature for confirmation. He
suggested the Resources Committee get an opinion from the
governor's office, and noted Legal Service's attorney Jerry
Luckhaupt was present.
REPRESENTATIVE PAT CARNEY recommended the proper procedure
would be to advance the four names that legal counsel had
advised were legitimate nominees, and hold back the name of
Ernie Polley. He made a MOTION TO ADVANCE the names of
Susan Entsminger, Roger Huntington, Anne Ruggles, and Jack
Didrickson.
CHAIRMAN WILLIAMS recognized OBJECTIONS for discussion
purposes.
REPRESENTATIVE DAVIES questioned why the governor had
removed Mr. Didrickson from the board without cause when he
had never been confirmed.
CHAIRMAN WILLIAMS replied that the Legal Services' opinion
was that the governor could not remove a nominee from the
board without cause. He reminded members that the committee
only had one legal opinion before it, and that was from the
legislative legal department. The governor had not provided
an opinion, he stated.
Number 475
REPRESENTATIVE DAVIES asked whether the governor's action
was equivalent to the governor changing his mind on the
appointment.
CHAIRMAN WILLIAMS confirmed this was how he saw the
situation.
VICE CHAIRMAN HUDSON expressed a different interpretation:
Mr. Didrickson was appointed by the governor, and his
appointment is subject to confirmation. The statutes state,
he said, that the governor may not remove him without cause.
He OBJECTED to Representative Carney's MOTION TO ADVANCE the
four names because the proper action would be to advance all
five names and let the decision be made on the floor of the
House.
CHAIRMAN WILLIAMS suggested the committee ask for a legal
opinion from the governor to compare it with the Legal
Services' opinion and sort out the issue before it gets to
the floor.
Number 510
CHAIRMAN WILLIAMS recognized the motion remained before the
committee to move four names. However, he felt the
committee did not have enough information to act.
REPRESENTATIVE BUNDE commented that if the committee leaves
any of the names off and do not advance them to the floor,
then regardless of the ultimate legal decision, that person
will not be considered on the floor. He questioned whether
the issue could be resolved by just getting another legal
opinion. He suggested it may have to go to court, and by
advancing all five names, the committee might facilitate an
early court settlement.
CHAIRMAN WILLIAMS remarked that the committee had until mid-
April to advance the names.
REPRESENTATIVE JAMES agreed with the chairman's position but
suggested three of the names could be advanced without
problem, and the names of Mr. Didrickson and Mr. Polley
could be retained in committee for further consideration.
REPRESENTATIVE GREEN suggested advancing the names
individually as was done with the Board of Fisheries, and
recommended a nay vote on the motion to advance the four
names.
CHAIRMAN WILLIAMS stated his preference to keep all the
nominations in committee until the whole issue is sorted
out.
Number 560
REPRESENTATIVE CARNEY WITHDREW his MOTION TO ADVANCE the
four names.
VICE CHAIRMAN HUDSON commented that the governor must
appoint only four nominees to the four seats, while there
are now legally five nominees. He suggested the committee
force the governor to take action.
Number 586
REPRESENTATIVE JAMES voiced support for the chairman's
decision.
CHAIRMAN WILLIAMS stated that the committee would proceed to
obtain an opinion from the governor on the issue, and do so
as quickly as possible. He thanked those who had offered
their testimony.
ANNOUNCEMENTS
CHAIRMAN WILLIAMS announced the committee would hear a
briefing on radiation issues, including Project Chariot, by
the Department of Environmental Conservation at the next
meeting, on Friday, March 19, 1993, at 8:00 a.m. He added
HB 201 would also be taken up at that meeting.
ADJOURNMENT
There being no further business to come before the House
Resources Committee, Chairman Williams adjourned the meeting
at 9:30 a.m.
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