Legislature(2007 - 2008)
04/12/2008 12:39 PM House RLS
| Audio | Topic |
|---|---|
| Start | |
| SB306 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE RULES STANDING COMMITTEE
April 12, 2008
12:39 p.m.
MEMBERS PRESENT
Representative John Coghill, Chair
Representative John Harris
Representative Anna Fairclough
Representative Craig Johnson
Representative Ralph Samuels
Representative Beth Kerttula
Representative David Guttenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 306
"An Act relating to the adoption of conservation, development,
and utilization regulations by the Board of Game to address
concerns relating to public assets."
- MOVED SB 306 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 306
SHORT TITLE: BOARD OF GAME REGULATIONS
SPONSOR(s): RESOURCES
03/21/08 (S) READ THE FIRST TIME - REFERRALS
03/21/08 (S) RES
03/24/08 (S) RES AT 3:30 PM BUTROVICH 205
03/24/08 (S) Scheduled But Not Heard
04/11/08 (S) RES RPT 2DP 2NR
04/11/08 (S) DP: HUGGINS, GREEN
04/11/08 (S) NR: STEDMAN, STEVENS
04/11/08 (S) TRANSMITTED TO (H)
04/11/08 (S) VERSION: SB 306
04/11/08 (H) READ THE FIRST TIME - REFERRALS
04/11/08 (H) RLS
04/11/08 (S) RES AT 8:30 AM BUTROVICH 205
04/11/08 (S) Moved SB 306 Out of Committee
04/11/08 (S) MINUTE(RES)
04/12/08 (H) RLS AT 10:30 AM CAPITOL 120
WITNESS REGISTER
REPRESENTATIVE WES KELLER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the sponsor of HB 348, which is
the companion to SB 306.
KEVIN SAXBY, Senior Assistant Attorney General
Natural Resources Section
Civil Division (Anchorage)
Department of Law
Anchorage, Alaska
POSITION STATEMENT: During hearing of SB 306, answered
questions.
ACTION NARRATIVE
CHAIR JOHN COGHILL called the House Rules Standing Committee
meeting to order at 12:39:16 PM. Representatives Coghill,
Harris, Fairclough, Johnson, Samuels, Kerttula, and Guttenberg
were present at the call to order.
SB 306-BOARD OF GAME REGULATIONS
12:39:34 PM
CHAIR COGHILL announced that the only order of business would be
SENATE BILL NO. 306, "An Act relating to the adoption of
conservation, development, and utilization regulations by the
Board of Game to address concerns relating to public assets."
12:40:10 PM
REPRESENTATIVE WES KELLER, Alaska State Legislature, speaking as
the sponsor of HB 348, which is the companion to SB 306, said
that SB 306 is a game management policy statement that Alaska
intends to manage its own game. He explained that HB 348, the
companion legislation, was pulled back due to questions from
rural areas regarding the existing subsistence preference. He
noted that there is letter from the Association of Village
Council Presidents, which now endorses the legislation. With
regard to the charge that the intent of SB 306 [infringes] on
voter rights, Representative Keller said that SB 306 doesn't
restrict voter rights. In fact, it's impossible for the
legislation to restrict voter rights because the constitution
specifies that the citizens are the only entity that can change
the constitution, the initiative process, and what the
initiative does. He clarified then that the intent of SB 306 is
to pull in common law and codify the Supreme Court decision such
that game is managed as an asset just as fish is. The proposed
legislation sets policy for management of game and incorporates
common law and constitutional concepts into law. The
legislation makes an overarching policy statement on the Board
of Game that clarifies that management should be for abundance
of the resource. Without such a statement, there is a tendency
for the Board of Game to manage people and disputes between the
beneficial uses. Representative Keller then opined that HB 348
might prevent some abuses of the initiative process. He pointed
out that Article 11 clearly states that the executive branch
determines whether a specific initiative is valid and then the
initiative is open to judicial review. Therefore, he suggested
that it's a good thing for the legislature's policy statement to
guide the administration. He noted that Representative
Gruenberg wants to include intent language specifying that this
legislation doesn't intend on restricting voting.
Representative Keller concluded by encouraging support for SB
306.
12:46:14 PM
CHAIR COGHILL informed the committee that AS 16.05.255, which
this legislation amends, addresses Board of Game regulation
requirements. This legislation inserts a new subsection (k),
which the Board of Game will have to consider each time it seeks
to adopt regulations.
12:46:53 PM
REPRESENTATIVE GUTTENBERG inquired as to changes in the behavior
of the Board of Game Representative Keller would foresee with
the passage of SB 306.
REPRESENTATIVE KELLER opined that because of the clarification
[provided in the legislation] there would be less confusion.
Representative Keller highlighted that the language is the
product of Kevin Saxby, Department of Law, and Brian Kane,
Legislative Legal and Research Services.
12:47:50 PM
REPRESENTATIVE KERTTULA inquired as to the Board of Game's
response to this legislation.
REPRESENTATIVE KELLER said that he has received resounding
support for [this legislation] and hasn't received any negative
[comments] from anyone who identified him/herself as affiliated
with the Board of Game. In further response to Representative
Kerttula, Representative Keller specified that there has been no
formal response from the Board of Game.
12:49:07 PM
REPRESENTATIVE KERTTULA, referring to the Pullen case, related
her understanding that the court goes through an analysis that
specifies wildlife is an asset that can be appropriated by
initiative. Therefore, she questioned whether [SB 306
specifies] something that the Board of Game already has the
authority to do; if that's the case, why is SB 306 necessary,
she inquired.
12:50:01 PM
KEVIN SAXBY, Senior Assistant Attorney General, Natural
Resources Section, Civil Division (Anchorage), Department of
Law, related his agreement with Representative Kerttula that
it's already established law that game is an asset. The Pullen
case specified that fish is an asset, and thus there's no reason
that game would be treated differently. The question the
lieutenant governor has to face is whether a given initiative is
an appropriation of that asset. The proposed language [in SB
306] has been designed to provide a statement from the
legislature that when the Board of Game is acting within its
conservation and development authority it is allocating or
appropriating game.
12:50:49 PM
REPRESENTATIVE KERTTULA surmised then that the legislation isn't
speaking to the initiative process at all, and this legislation
isn't going to change the constitutional analysis.
MR. SAXBY replied yes, [the legislation] is a statement from
another branch of government that the sponsor believes the
Supreme Court, as it's making its analysis, will take into
serious consideration the nature of the activities the Board of
Game is taking when it's regulating.
12:51:20 PM
REPRESENTATIVE KERTTULA surmised that this legislation isn't
changing the constitution or the ruling that initiatives are
appropriations or not appropriations.
MR. SAXBY confirmed that to be the case.
CHAIR COGHILL noted that sometimes he disagrees with the courts
and opined that the courts aren't always the constitution
either.
12:52:05 PM
REPRESENTATIVE KERTTULA, in terms of assets, asked if SB 306
would help [clarify] that [the Board of Game] would have to
consider the panoply of ways in which wildlife can be valued.
MR. SAXBY replied yes, adding that the legislation makes it
clear that wildlife is important to the people of Alaska when
it's regulated and almost anything [the legislature] does is an
appropriation or allocation of that asset, whether it be an
allocation to tourism use or consumptive use.
12:53:25 PM
REPRESENTATIVE KERTTULA surmised that the legislation also
reiterates the Common Use Clause and the state's commitment to
that.
MR. SAXBY stated his agreement, adding that this legislation
reinforces constitutional statements that the court has
essentially already made, although not explicitly with respect
to game.
12:53:48 PM
REPRESENTATIVE SAMUELS related his understanding then that the
executive branch has already said that game is an asset and this
legislation just confirms that as the legislature's statement as
well.
REPRESENTATIVE KELLER noted his agreement, but opined that it's
an even stronger statement.
12:54:54 PM
REPRESENTATIVE SAMUELS moved to report SB 306 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, it was so ordered.
12:55:19 PM
ADJOURNMENT
There being no further business before the committee, the House
Rules Standing Committee meeting was adjourned at 12:55:26 PM.
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