Legislature(2015 - 2016)GRUENBERG 120

03/29/2016 10:00 AM FISHERIES

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10:04:17 AM Start
10:05:15 AM Confirmation(s): Alaska Board of Fisheries (bof)
10:18:18 AM HB241
10:32:17 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearing: TELECONFERENCED
Board of Fisheries
+= HB 241 NONRESIDENT SURCHARGE COMMERCIAL FISHING TELECONFERENCED
Moved HB 241 Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 241-NONRESIDENT SURCHARGE COMMERCIAL FISHING                                                                     
                                                                                                                                
10:18:18 AM                                                                                                                   
                                                                                                                                
CHAIR STUTES announced that the  final order of business would be                                                               
HOUSE  BILL  NO.  241,  "An   Act  relating  to  the  nonresident                                                               
surcharge for commercial fishing permits."                                                                                      
                                                                                                                                
10:18:48 AM                                                                                                                   
                                                                                                                                
GRACE  ABBOTT,  Staff,  Representative Charisse  Millett,  Alaska                                                               
State  Legislature, focused  on the  outstanding questions,  from                                                               
the  previous  hearings on  HB  241,  regarding establishment  of                                                               
residency and use  of the permanent fund  dividend (PFD) resident                                                               
determination  criteria,  as  an  interface program.    The  bill                                                               
limits the  definition of residency  to the PFD  statutes related                                                               
to residency; AS 43.23.005 subsection (2)-(7), which read:                                                                      
                                                                                                                                
     Sec. 43.23.005.  Eligibility.                                                                                              
          (a) An individual is eligible to receive one                                                                          
     permanent fund  dividend each year  in an amount  to be                                                                    
     determined under AS 43.23.025 if the individual                                                                            
          (1) applies to the department;                                                                                        
          (2) is a state resident on the date of                                                                                
     application;                                                                                                               
          (3) was a state resident during the entire                                                                            
     qualifying year;                                                                                                           
          (4) has been physically present in the state for                                                                      
     at least 72  consecutive hours at some  time during the                                                                    
     prior two years before the current dividend year;                                                                          
          (5) is                                                                                                                
          (A) a citizen of the United States;                                                                                   
          (B) an alien lawfully admitted for permanent                                                                          
     residence in the United States;                                                                                            
          (C) an alien with refugee status under federal                                                                        
     law; or                                                                                                                    
          (D) an alien that has been granted asylum under                                                                       
     federal law;                                                                                                               
          (6) was, at all times during the qualifying year,                                                                     
     physically  present in  the state  or,  if absent,  was                                                                    
     absent only as allowed in AS 43.23.008; and                                                                                
          (7) was in compliance during the qualifying year                                                                      
     with  the   military  selective   service  registration                                                                    
     requirements   imposed  under   50   U.S.C.  App.   453                                                                    
     (Military    Selective   Service    Act),   if    those                                                                    
     requirements were applicable to  the individual, or has                                                                    
     come into  compliance after being notified  of the lack                                                                    
     of compliance.                                                                                                             
                                                                                                                                
10:21:52 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  MILLETT  noted  that   amendments  to  the  bill,                                                               
discussed  at  the previous  hearing,  are  no longer  considered                                                               
necessary  through the  use of  the broad  language contained  in                                                               
this section of statutes.                                                                                                       
                                                                                                                                
10:22:59 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  asked  what sort  of  enforcement                                                               
actions the commission  has taken against anyone  in violation of                                                               
the current  residency requirements.   Also,  he queried  how the                                                               
duties  for  establishing  the residency  information  interface,                                                               
employing the PFD statutes, will  be organized and handled within                                                               
the department.                                                                                                                 
                                                                                                                                
10:23:58 AM                                                                                                                   
                                                                                                                                
BENJAMIN   BROWN,   Commissioner,  Commercial   Fisheries   Entry                                                               
Commission  (CFEC), Alaska  Department  of Fish  & Game  (ADF&G),                                                               
directed attention to the four  page memo, to himself, from Frank                                                               
Glass, Adjudications Project Leader,  CFEC, dated March 25, 2016,                                                               
which  reviews   the  residency  concerns,   provides  background                                                               
information,  addresses  administrative costs  for  investigation                                                               
and  enforcement, and  includes recommendations  and conclusions.                                                               
He  pointed out  that applicants  must sign  the completed  form,                                                               
under  penalty  of  perjury,  which   includes  ticking  the  box                                                               
indicating Alaskan  residency.   The penalty  of perjury  in this                                                               
situation  is referred  to as  unsworn falsification.   With  the                                                               
passage  of HB  241, the  application  form would  be revised  to                                                               
contain  the  stricter  signed testament  for  being  an  Alaskan                                                               
resident  as defined  under the  PFD requirements.   He  reported                                                               
that there  have been  charges brought,  when people  claim false                                                               
residency.                                                                                                                      
                                                                                                                                
10:26:30 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  asked  for a  historic  sense  of                                                               
scale regarding the number of false claims.                                                                                     
                                                                                                                                
MR. BROWN said  there are not many offenders,  and estimated less                                                               
than 100.  The process operates  on an honor system, and staff do                                                               
not work  as investigators seeking  out violations, but  will act                                                               
on direct reports.                                                                                                              
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS   asked  about   the  organization                                                               
aspect for implementing the  administrative interface between the                                                               
cooperating agencies.                                                                                                           
                                                                                                                                
10:27:26 AM                                                                                                                   
                                                                                                                                
KEVIN BROOKS,  Deputy Commissioner,  Alaska Department of  Fish &                                                               
Game (ADF&G),  said the  administration would  be conducted  in a                                                               
"business  as  usual"  manner, as  many  functions  are  similar.                                                               
Violators are not actively pursued,  but ADF&G works closely with                                                               
enforcement agencies.                                                                                                           
                                                                                                                                
10:28:31 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  ORTIZ inquired  whether  passage of  HB 241  will                                                               
enhance  the   levels  of  residency  verifications   and  be  an                                                               
improvement to the situation.                                                                                                   
                                                                                                                                
MR. BROWN  conjectured that the bill  will raise the bar  and may                                                               
result in a truer assessment of non-resident surcharges.                                                                        
                                                                                                                                
10:29:47 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HERRON asked  what the collateral benefit  is to a                                                               
permit holder, in not paying the surcharge.                                                                                     
                                                                                                                                
MR. BROWN responded that the  surcharge is only $215.00, and many                                                               
fishermen  may  not  want  to be  bothered  with  the  paperwork,                                                               
preferring instead to pay the fee.                                                                                              
                                                                                                                                
10:31:07 AM                                                                                                                   
                                                                                                                                
CHAIR STUTES opened public testimony.   Seeing no respondents she                                                               
then closed public testimony.                                                                                                   
                                                                                                                                
10:31:45 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  moved to  report  HB  241 out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There being  no objection,  HB 241  was reported                                                               
from the House Special Committee on Fisheries.                                                                                  

Document Name Date/Time Subjects
Fisheries - Cain.pdf HFSH 3/29/2016 10:00:00 AM
Support Ruffner Cain Payton - SOKI.pdf HFSH 3/29/2016 10:00:00 AM
Support Ruffner & Cain for BOF -UFA.pdf HFSH 3/29/2016 10:00:00 AM
HB241 Backup CFEC Glass memo on residency claims.pdf HFSH 3/29/2016 10:00:00 AM
HB 241