HOUSE BILL NO. 172 "An Act relating to the wildlife conservation tag and to entry onto state game and wildlife sanctuaries, state game refuges, state range areas, and fish and game critical habitat areas; and providing for an effective date." Representative Foster provided members with a Committee Substitute for HB 172, Work Draft 8-LS0650\K (Attachment 2). Representative Foster explained amendments to HB 172. The first amendment deletes the ability of the Commissioner of Department of Fish and Game to designate by regulation, areas of the state where the tag would be mandatory. The Commissioner may request the legislature to designate additional areas where the tag would be required. Representative Foster observed that the second amendment was requested by Co-Chair MacLean. The second amendment exempts Alaskan residents from the tag requirement. The tag would be required for nonresidents visiting, or applying for a permit to visit the McNeil river Sanctuary or the Walrus Island Sanctuary. Representative Foster MOVED to ADOPT, Committee Substitute for HB 172, Work Draft 8-LS0650\K. There being NO OBJECTION, it was so ordered. Representative Brown asked if all state game and wildlife sanctuaries are included. GERON BRUCE, LEGISLATIVE LIAISON, DEPARTMENT OF FISH AND GAME clarified that areas other than the McNeil river Sanctuary and Walrus Island Sanctuary would not be included. The Commissioner may request the legislature to include other areas through additional legislation. (Tape Change, HFC 93-93, Side 2) Representative Parnell expressed concerns regarding equal protection provisions. Representative Hanley assured him that Legal Counsel advised that equal protection should not create a problem with the legislation. Mr. Bruce commented that the second amendment would reduce revenues to support the program. He emphasized that the program may take longer to reach fruition with the reduced funding. Mr. Bruce clarified, in response to a question by Representative Martin, that a permit is needed to land on Walrus Island. Representative Hanley noted that tag purchases will not in all cases be voluntary. Representative Hanley MOVED to delete "voluntary" from page 2, line 5. There being NO OBJECTION, it was so ordered. Representative Martin expressed concern that out-of-state visitors will be treated differently. Representative Foster MOVED to report CSHB 172 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. Representative Parnell OBJECTED. He reiterated his concern that the legislation will be in conflict with equal protection requirements. Representative Grussendorf did felt that CSHB 172 (FIN) would be upheld. Representative Brown noted that a new fiscal note from the Department of Fish and Game will be needed. Co-Chair Larson noted that the bill will be transmitted with a new Department of Fish and Game fiscal note. A roll call vote was taken on the motion to move CSHB 172 (FIN) from committee. IN FAVOR: Brown, Grussendorf, Hoffman, Navarre, Foster, Hanley, Therriault, Larson OPPOSED: Martin, Parnell Co-Chair MacLean was absent from the vote. The MOTION PASSED (8-2). CSHB 172 (FIN) was reported out of Committee with "no recommendation" and with a fiscal impact note by the Department of Fish and Game, dated 3/5/93.