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. 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.