Legislature(2015 - 2016)BUTROVICH 205

02/22/2016 03:30 PM Senate RESOURCES

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

Audio Topic
03:33:09 PM Start
03:33:32 PM Confirmation Hearing
04:00:42 PM SB164
04:59:07 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation on Governor's Appointees: TELECONFERENCED
+ Board of Game, Nathan Turner TELECONFERENCED
-- Public Testimony on Appointee --
Heard & Held
-- Testimony <Invitation Only> --
Scheduled but Not Heard
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 164-FISH & GAME: OFFENSES;LICENSES;PENALTIES                                                                     
4:00:42 PM                                                                                                                    
CHAIR GIESSEL called the meeting  back to order and announced the                                                               
consideration of SB 164.                                                                                                        
MAJOR   BERNARD  CHASTAIN,   Deputy  Director,   Alaska  Wildlife                                                               
Troopers,  Department of  Public  Safety  (DPS), Juneau,  Alaska,                                                               
said he would provide a sectional analysis of SB 164.                                                                           
BRUCE  DALE,  Director,  Wildlife Conservation  Division,  Alaska                                                               
Department of Fish  and Game (ADF&G), Juneau,  Alaska, offered to                                                               
answer questions related to SB 164.                                                                                             
4:02:48 PM                                                                                                                    
MAJOR  CHASTAIN provided  the  sectional analysis  of  SB 164  as                                                               
Sec. 1 amends AS 16.05.330(a)  to include "permit" in addition to                                                               
"license" and "tag"  for purposes of clarifying  the proper types                                                               
of documentation  a person must  have in their  actual possession                                                               
when engaging in certain activities,  and reorders the activities                                                               
of "trapping" and "fur dealing"  to exclude the latter from being                                                               
a correctable citation.                                                                                                         
Sec. 2  amends AS 16.05.330(d) to  make it unlawful for  a person                                                               
to obtain  a sport fishing,  hunting, or trapping license  if the                                                               
person  has  had  their  rights to  engage  in  those  activities                                                               
revoked  or suspended  in Alaska.  Currently the  statute directs                                                               
that  if a  person's license  is suspended  or revoked,  they are                                                               
prohibited  from  purchasing  or  using the  privileges  of  that                                                               
license  only  in  another state.  Surprisingly,  this  does  not                                                               
include the State of Alaska.  This change will actually align the                                                               
statute with the intent of the law.                                                                                             
SENATOR WIELECHOWSKI  asked if a  person is banned  from hunting,                                                               
would that prohibit  him from getting a sport  fishing license or                                                               
just a hunting license.                                                                                                         
MAJOR CHASTAIN replied  that normally it depends  on the activity                                                               
that is suspended. If a  person is suspended from sportfishing in                                                               
another state or  this state, he is prohibited  from purchasing a                                                               
sportfishing license in this or another state.                                                                                  
SENATOR  WIELECHOWSKI  asked  how  people  who  are  banned  from                                                               
getting a sportfishing license in Alaska  are able to get them in                                                               
other  states. Is  that happening  or is  it just  a hypothetical                                                               
event he is trying to prohibit?                                                                                                 
MAJOR  CHASTAIN  answered  that it  happens,  for  example,  when                                                               
people with a  suspended license in another state  come to Alaska                                                               
and  purchases  a  license.  Alaska   currently  has  a  wildlife                                                               
violator's compact that establishes  reciprocity with a number of                                                               
states  across  the  U.S.,  and  that  prohibits  a  person  from                                                               
utilizing  the privileges  of that  license. This  bill prohibits                                                               
them from  purchasing it.  So, if their  license is  suspended or                                                               
revoked  in  another  state,  they  cannot  come  to  Alaska  and                                                               
purchase a like license.                                                                                                        
SENATOR  WIELECHOWSKI remarked  that he  thought the  current law                                                               
already says that.                                                                                                              
4:05:42 PM                                                                                                                    
MAJOR CHASTAIN  explained that state law  currently prohibits the                                                               
use  of   a  sportfishing  license,   but  it   doesn't  prohibit                                                               
purchasing one.   The problem is  that a wildlife trooper  has no                                                               
way  of knowing  a license  is suspended  or revoked  out in  the                                                               
field.  That is  why Alaska  is being  added as  a state  where a                                                               
license can't be purchased.                                                                                                     
Sec. 3 makes it an official  citation to not have a sportfishing,                                                               
hunting  or  trapping  license  in  one's  possession.  Sometimes                                                               
people forget them in  the cars or at home, and  now they have to                                                               
have it in their possession  to participate in those things. This                                                               
means  a  person can  bring  their  correctible citation  to  any                                                               
Department of Public  Safety (DPS) office and have  it signed off                                                               
when they  show that they  had a  valid license before  they were                                                               
SENATOR  MICCICHE  said  he  supported the  concepts  in  sec.  3                                                               
generally, but he didn't understand how  a tag or permit could be                                                               
correctable. He has heard of  folks who have creatively harvested                                                               
more than their game species by not punching a tag.                                                                             
MAJOR  CHASTAIN  responded  that there  is  another  possibility.                                                               
Under  regulation  people are  required  to  notch their  harvest                                                               
ticket and have it in their  possession. If they don't have their                                                               
tag  in their  possession  and they  have an  animal,  that is  a                                                               
violation in and of itself.  In this situation, if they contacted                                                               
someone who maybe  hadn't taken an animal yet and  they were just                                                               
hunting  and  didn't have  the  tag  that  could be  an  official                                                               
correctable citation.                                                                                                           
4:09:55 PM                                                                                                                    
SENATOR MICCICHE said  he could still see issues with  the tag or                                                               
permit language.                                                                                                                
MR.  DALE added  that staff  gave this  a considerable  amount of                                                               
thought,  and in  the case  where someone  forgot their  license,                                                               
tag,  permit, and/or  harvest ticket,  if they  were asked  by an                                                               
enforcement  officer  what they  were  doing,  they thought  that                                                               
would be an officially correctable  citation like the license is,                                                               
if it  could be presented later  at a DPS office.  But that would                                                               
have  to  be  clarified  in separate  regulations  that  are  not                                                               
correctable.  Hunters still  have to  comply with  regulations on                                                               
harvesting animals,  but the  simple person  who just  can't find                                                               
their tag can correct that violation.                                                                                           
SENATOR  MICCICHE said  it's not  illegal to  hike around  with a                                                               
rifle, but  it becomes an  issue when  a person takes  an animal.                                                               
It's  confusing  if  the  person   thinks  it  is  a  correctable                                                               
MAJOR CHASTAIN said he would look at that language again.                                                                       
4:12:37 PM                                                                                                                    
SENATOR  WIELECHOWSKI noted  that  sec.  (f) on  line  19 says  a                                                               
person charged with  violating (a)(1) or (2) of  this section may                                                               
not  be convicted  if the  person produces  "in court  or in  the                                                               
office  of the  arresting  or citing  officer".  He envisioned  a                                                               
scenario where someone from Anchorage  goes out to western Alaska                                                               
and  gets  cited  by  someone from  western  Alaska.  Under  this                                                               
language, the  court is  probably going to  be in  western Alaska                                                               
and the  arresting officer  might be  based somewhere  out there,                                                               
too.  He asked  if that  language could  be changed  so that  the                                                               
person could go  to an DPS office on Raspberry  Road in Anchorage                                                               
or somewhere  in Fairbanks. Is it  important that they go  to the                                                               
office of the arresting officer?                                                                                                
MAJOR CHASTAIN  replied the  intent is  that they  can go  to any                                                               
office of the  issuing agency. They don't want to  clog the court                                                               
system by having  the clerk of the court  validate licenses, tags                                                               
and permits.                                                                                                                    
4:14:07 PM                                                                                                                    
He  continued  explaining  that  sec.  4  removes  a  correctable                                                               
citation  section  under  AS   16.05.330(f)  from  the  penalties                                                               
portion of  the statute and  aligns other  areas of Title  16 and                                                               
appropriately makes the crimes listed class A misdemeanors.                                                                     
Sec. 5  creates two new  subsections. Subsection  (c) establishes                                                               
that  a person  may  be charged  with a  violation  offense if  a                                                               
culpable mental  state cannot be  established and it  maintains a                                                               
misdemeanor offense for more serious  cases under subsection (a).                                                               
Subsection  (d) provides  the court  with the  ability to  impose                                                               
additional restitution to  the state equal to the  amount of lost                                                               
federal   matching  funds   from  the   Wildlife  and   Sportfish                                                               
Restoration Program,  Pittman Robertson  (PR) and  Dingle Johnson                                                               
Wallop  Breaux  programs,  when  the  state  is  defrauded  by  a                                                               
defendant who does  not purchase the appropriate  license or tag,                                                               
or claims residency when they are not a resident.                                                                               
He explained  that in this  scenario they are talking  about non-                                                               
residents  coming to  Alaska  and  purchasing resident  licenses.                                                               
Investigations have found  that this often happens  over a period                                                               
of  years, and  the  non-resident not  only  purchases a  hunting                                                               
license and  a fishing license,  but they get dipnet  permits and                                                               
locking tags  and shoot a brown  bear and go Dall  sheep hunting.                                                               
By the time they are caught,  the offenses have added up and they                                                               
have  defrauded  the  State  of  Alaska, not  only  in  the  cost                                                               
difference  between the  resident license  versus a  non-resident                                                               
license  and  the  tags  differences, but  also  in  the  Pittman                                                               
Robertson funds and  all the matching funds Alaska  gets from the                                                               
federal government.                                                                                                             
MR.  DALE explained  that the  state's Fish  and Game  (F&G) Fund                                                               
(receipts  from  hunting  and trapping  licenses  and  tags)  are                                                               
matched with  the federal Wildlife Sportfish  Restoration Program                                                               
at  a rate  of three  federal dollars  for every  state F&G  Fund                                                               
dollar. The  concept of this change  is that over time  the state                                                               
not only  loses the value of  the license that the  person should                                                               
have  bought, but  the ability  to leverage  into federal  funds.                                                               
This provides the  court a way, in appropriate  cases, to restore                                                               
some of those funds.                                                                                                            
SENATOR STOLTZE asked  if this is a revenue bill  or a deterrence                                                               
4:17:43 PM                                                                                                                    
MAJOR CHASTAIN answered that SB  164 does three things: the first                                                               
is housekeeping  to make statute  reflects intent; the  second is                                                               
increasing restitution  amounts; and third, the  statute is being                                                               
made more flexible in determining the seriousness of an offense.                                                                
SENATOR STOLTZE  asked if he heard  correctly that part of  it is                                                               
restorative justice.                                                                                                            
MAJOR CHASTAIN answered yes.                                                                                                    
SENATOR STOLTZE asked  if he had looked at  inflation indexes for                                                               
inflation-proofing  theft and  felony activities  as a  mechanism                                                               
for  determining escalating  or de-escalating  commodities market                                                               
MAJOR CHASTAIN answered no.                                                                                                     
CHAIR  GIESSEL  said she  assumed  that  not  all F&G  funds  get                                                               
matching federal funds.                                                                                                         
MR. DALE  said that was correct,  but it would be  easier for the                                                               
courts to retrieve  some of the lost revenues  with this language                                                               
SENATOR MICCICHE said he expected  those to be smaller quantities                                                               
of dollars.  He asked if it's  more of a figurative  gesture than                                                               
having any real value.                                                                                                          
4:20:59 PM                                                                                                                    
MAJOR  CHASTAIN replied  that  most  of the  time  the cases  are                                                               
small, but several  cases per year result from  multiple years of                                                               
abuse of that resident privilege  and amount to tens of thousands                                                               
of  dollars.  For  instance,  if  a  non-resident  gets  multiple                                                               
resident harvest tickets where they  should have purchased a non-                                                               
resident license and  multiple non-resident locking tags  - for a                                                               
brown bear  it is $500,  and that is matched  three to one  by PR                                                               
4:21:56 PM                                                                                                                    
MAJOR  CHASTAIN   said  sec.  6   raises  the   strict  liability                                                               
commercial fishing  violation fines  under AS 16.05.722  that was                                                               
enacted in  1988 and  has gone unchanged  since then.  These fine                                                               
increases will act as a deterrent  and a tool for Alaska Wildlife                                                               
Troopers  to  effectively  enforce  the  state's  most  important                                                               
fisheries  worth  billions  of  dollars.  It  ensures  that  more                                                               
commercial  fishermen   can  participate  in  the   fisheries  by                                                               
deterring illegal fishing that harms  the industry. The fines for                                                               
strict liability have  gone up from $3000 to $6000,  and $3000 in                                                               
1988 dollars equals about $6050 in 2016 dollars.                                                                                
SENATOR MICCICHE said  he assumed those 50  percent increases are                                                               
from 1995.                                                                                                                      
4:23:34 PM                                                                                                                    
MAJOR CHASTAIN  said his  research showed 1996  is when  that was                                                               
SENATOR MICCICHE asked if the  100 percent adjustment was applied                                                               
to commercial numbers that were adopted in 1988.                                                                                
MAJOR  CHASTAIN  replied  that  he   did  not  do  that  for  the                                                               
restitution amounts, but that could  be done with the committee's                                                               
SENATOR MICCICHE said when Major  Chastain talked about inflation                                                               
adjusted from 1988, it's about  $6,000. So, the bail schedule for                                                               
the  wildlife,  as  well,  in   sec.  16  looks  like  a  similar                                                               
adjustment,  because  that  bail  schedule was  revised  in  1996                                                               
(versus 1988). He would like  to keep the numbers consistent, but                                                               
said the details could be worked out later.                                                                                     
CHAIR GIESSEL asked if these fines  go into the general fund (GF)                                                               
or F&G Fund.                                                                                                                    
MAJOR CHASTAIN  replied that the  strict liability fines  go into                                                               
the General Fund.                                                                                                               
JOHN  SKIDMORE, Director,  Criminal Division,  Department of  Law                                                               
(DOL), Anchorage,  Alaska, said the fines  in sec. 6 of  the bill                                                               
go into  the GF. The restitution  amounts in sec. 16  go into the                                                               
F&G fund.                                                                                                                       
CHAIR  GIESSEL  asked  if  the   matching  funds  that  would  be                                                               
reimbursed go to the F&G fund or the GF.                                                                                        
MR. SKIDMORE answered those funds  actually go into the F&G Fund;                                                               
the federal matching funds are  earmarked to be used for purposes                                                               
of conservation, so they couldn't simply go into the GF.                                                                        
SENATOR STOLTZE  commented that other  sections of  law sometimes                                                               
take  away unrelated  professional  licenses if  the fines  don't                                                               
work for  multiple offenses  against access  to a  commonly owned                                                               
4:27:17 PM                                                                                                                    
MAJOR  CHASTAIN   responded  that  these  are   strict  liability                                                               
offenses, which  means that a  person is strictly liable  for the                                                               
offense regardless of the intent.  Under these circumstances, the                                                               
department doesn't have to prove  a "culpable mental state." They                                                               
still have  the ability to  charge commercial  fishing violations                                                               
as  a misdemeanor,  and  in  those situations  when  the case  is                                                               
serious, it  is brought  before a  court that  can deal  with the                                                               
offender's  license or  their permit.  In addition,  misdemeanors                                                               
for  certain offenses  can accrue  points through  the Commercial                                                               
Fisheries  Entry  Commission (CFEC),  and  just  like a  driver's                                                               
license,  once  a certain  number  of  points is  reached,  their                                                               
permit can be suspended for a period of time.                                                                                   
MAJOR CHASTAIN  said sec.  7 creates  a new  subsection requiring                                                               
the court  system to  transmit notice of  all convictions  to the                                                               
CFEC. The  importance of misdemeanor commercial  fishing cases is                                                               
that those permits accrue points,  and it's important to transmit                                                               
those to the  CFEC so they can be tracked  and appropriate action                                                               
SENATOR   WIELECHOWSKI   said   the  governor   just   issued   a                                                               
proclamation transferring some duties of  CFEC to ADF&G and asked                                                               
if notice needs to be transmitted to ADF&G also.                                                                                
MR.  DALE answered  no; the  CFEC  will still  remain a  separate                                                               
entity;  its   functions  are  limited  to   IT,  licensing,  and                                                               
MAJOR CHASTAIN said sections 8  - 15 standardize across-the-board                                                               
violations  for consistency  and creates  them all  as a  class A                                                               
misdemeanor.  It also  provides for  a mechanism  to charge  each                                                               
violation  appropriately.  Right now  there  is  no mechanism  to                                                               
charge as violations. This will  enable officers to charge either                                                               
as a violation or as a class A misdemeanor.                                                                                     
4:30:26 PM                                                                                                                    
SENATOR WIELECHOWSKI asked him  to explain the inter-relationship                                                               
of sec.  8 with sec. 9,  which talks about making  taking a brown                                                               
or  grizzly bear  within a  half-mile of  a solid  waste disposal                                                               
facility a  violation instead of  a class A misdemeanor,  and the                                                               
additional fine of up to $10,000 in sec. 9 for the same action.                                                                 
MAJOR  CHASTAIN explained  that  sec. 8  creates  a section  that                                                               
removes  a  class A  misdemeanor  and  makes  taking a  brown  or                                                               
grizzly  bear  within  a  half-mile of  a  solid  waste  disposal                                                               
facility a  violation offense  if the  department cannot  prove a                                                               
culpable  mental   state.  It's  still  a   misdemeanor  if  it's                                                               
intentional  or if  it can  be proved  they knew  that the  solid                                                               
waste disposal facility  was there. Sec. 9 (on page  3, lines 30-                                                               
31 to  page 4, lines  1-3) was put  in place by  the legislature,                                                               
and he wasn't  sure why they chose to address  [AS 16.05.] 782(b)                                                               
in  that manner.  But they  made  it very  clear that  it was  an                                                               
additional $10,000 fine.                                                                                                        
SENATOR WIELECHOWSKI said maybe the  DOL could explain that. Then                                                               
he  asked which  part of  the  statute talks  about the  culpable                                                               
state and being guilty of a criminal violation.                                                                                 
4:32:33 PM                                                                                                                    
MAJOR CHASTAIN  explained that the  additional penalty in  sec. 9                                                               
is for when that person fails to salvage that animal.                                                                           
SENATOR  WIELECHOWSKI  asked  what  section of  law  sec.  8  was                                                               
relying on and what the penalty is for violating .782(a).                                                                       
KACI  SCHROEDER, Assistant  Attorney General,  Department of  Law                                                               
(DOL),  Juneau, Alaska,  asked him  to clarify  if he  was asking                                                               
where the penalty provisions are for sec. 8.                                                                                    
SENATOR WIELECHOWSKI said  he wanted to know what  the penalty is                                                               
under the  new sec. 8  and then  he wanted to  know if you  do it                                                               
with a  culpable state  of mind  - intentionally,  recklessly -is                                                               
there a criminal penalty to that.                                                                                               
MS. SCHROEDER said  the answers to both of his  questions are yes                                                               
and are  found in  sec. 10  of the  bill. If  a person  acts with                                                               
criminal negligence, it's a class  A misdemeanor, and if a person                                                               
has no culpable mental state, it's a violation.                                                                                 
SENATOR  WIELECHOWSKI  asked  if  you  don't  act  with  criminal                                                               
negligence, but act with recklessness  or intentionally do it, do                                                               
you fall under this section as well.                                                                                            
MS.  SCHROEDER answered  yes, you  would. Criminal  negligence is                                                               
the lowest  mental state required,  so anything above  that would                                                               
be the same.                                                                                                                    
SENATOR  STOLTZE   asked  if   sec.  11   make  any   changes  to                                                               
administrative forfeitures  and forfeitures before  a presumption                                                               
of guilt. Is the forfeiture process only after a court action?                                                                  
MS.  SCHROEDER answered  that sec.  11 itself  does not  make any                                                               
changes  to the  forfeiture statutes  or the  forfeiture process.                                                               
She deferred to  Mr. Skidmore for a more  detailed description of                                                               
the forfeiture process.                                                                                                         
4:36:25 PM                                                                                                                    
MR.  SKIDMORE  explained  that   this  statute  does  not  change                                                               
anything in the  law. The aircraft or the equipment  used is only                                                               
done  after  a  conviction  in a  case.  The  forfeiture  Senator                                                               
Stoltze was referring to is of  meat. In those cases when meat is                                                               
seized, because  of the  constitutional provisions  requiring all                                                               
game in  the State of Alaska  be used to the  greatest benefit of                                                               
the  citizens   and  because  these   cases  often  can   take  a                                                               
significant  period of  time to  be resolved,  there is  practice                                                               
that  is supported  through the  interpretation of  the law  that                                                               
allows the meat to be to be given  to those who can consume it so                                                               
that it  is not  wasted. Later,  should that  taking of  the meat                                                               
have deemed to have been  inappropriate, then it is replaced with                                                               
an  equal quantity  of  meat from  the person  from  whom it  was                                                               
SENATOR  STOLTZE asked  if the  person loses  stewardship of  the                                                               
equipment at any time prior to a disposition of his court case.                                                                 
MAJOR  CHASTAIN  answered  that   equipment  is  seized  under  a                                                               
criminal seizure warrant issued by  a judge and it's held pending                                                               
court  until the  judge decides  what happens  with that  item. A                                                               
provision  allows someone  to come  to court  (under a  remission                                                               
hearing) and portray  why their item should be  returned to them.                                                               
If the  court decides  that it  needs to be  held, the  judge has                                                               
that ability.                                                                                                                   
SENATOR  STOLTZE  said  he   appreciated  the  clarification  and                                                               
remarked that equipment like an  airplane could be held for quite                                                               
a while in a pre-conviction forfeiture.                                                                                         
MAJOR CHASTAIN  answered that  it varies  depending upon  lots of                                                               
different things.  For instance,  the length of  time it  takes a                                                               
case to get to court, the  number of motions filed by both sides,                                                               
and the court calendar.                                                                                                         
MAJOR CHASTAIN  said that sec.  16 increases  restitution amounts                                                               
by 50  percent that a  person convicted of unlawfully  taking big                                                               
game may  have to  pay to the  state if the  court so  chooses to                                                               
implement   this  restitution.   The   judge   can  apply   these                                                               
restitution values  in addition to  the fine, if he  decides that                                                               
the unlawfully  taken big game  animal defrauds the state  of the                                                               
value of  that animal to  its citizens. The value  varies greatly                                                               
depending on  the species  of animal, the  location of  the take,                                                               
the social value of the animal,  economic value of the animal and                                                               
the food source  value to the people of the  state. In most cases                                                               
it does not make the state whole  for the loss of the animal, but                                                               
it does help pay the state back in some measure.                                                                                
As an  example of this,  he said several  years ago a  very large                                                               
Dall  sheep was  illegally shot  on the  Seward Highway  south of                                                               
Anchorage. This  area is closed  to hunting for Dall  sheep. That                                                               
animal  was worth  an unknown  amount of  money to  the state  in                                                               
tourism.  Many thousands  of  people took  photos  of the  sheep.                                                               
There are many examples like  this every year where the illegally                                                               
taken resource  may never  be fully recovered  by the  state. So,                                                               
this is  an ability  for the judge  to impose  additional amounts                                                               
above and beyond  the fine. The restitution goes back  to the F&G                                                               
4:41:13 PM                                                                                                                    
SENATOR  STOLTZE  commented  that   Major  Chastain  just  put  a                                                               
subjective value on game on the record.                                                                                         
SENATOR WIELECHOWSKI  said the  current law  says if  you violate                                                               
that  provision  you  are  guilty  of  a  misdemeanor,  and  upon                                                               
conviction punishable  by a fine of  not more than $5,000,  or by                                                               
imprisonment for not more than a  year or both, but sec. 11 takes                                                               
out the  fine provision, making  it less of  a penalty. Or  is it                                                               
changed somewhere else?                                                                                                         
MAJOR CHASTAIN replied that actually  cleans up that section. The                                                               
class A  misdemeanor is the  penalty, and  that has a  penalty of                                                               
$10,000 and a year in jail.                                                                                                     
SENATOR  WIELECHOWSKI said  current language  lowers the  penalty                                                               
from  $10,000 to  $5,000, and  now under  some other  section not                                                               
cited  here, the  court  can go  ahead  by virtue  of  a class  A                                                               
misdemeanor and fine the person up to $10,000.                                                                                  
MAJOR  CHASTAIN  said  that  was  correct.  He  pointed  out  two                                                               
drafting  errors,  the  first  one  in sec.  17  should  say  "AS                                                               
16.05.901" instead of  "AS 16.05.925". The reason  is the penalty                                                               
provision for AS 16.05.871 and AS 16.05.896 is AS 16.05.901.                                                                    
He said sec. 18 adds  a definition of "electronic form." Language                                                               
in  an earlier  section mentions  an "electronic  form" and  this                                                               
creates a definition of that.                                                                                                   
MR. DALE explained  that currently the Divisions  of Wildlife and                                                               
Sportfish don't  have electronic license forms,  so this language                                                               
will  enable  that  to  be  done in  the  future.  Currently  the                                                               
regulations, especially for wildlife  and some sportfish, require                                                               
that either something  is recorded on a  license and/or validated                                                               
on a  permit or  harvest ticket; by  regulation it  requires hard                                                               
copies.  But  in the  future,  validation  will  be done  with  a                                                               
digital  application, or  app,  on personal  devices.  It may  be                                                               
especially useful  for things  like non-residents  buying one-day                                                               
or three-day  fishing licenses  and having them  in hand  and not                                                               
have to get to a printer and spend half a day on a charter boat.                                                                
4:45:48 PM                                                                                                                    
SENATOR MICCICHE  asked if  sec. 17 language  is in  reference to                                                               
Article 8 violations (the protection  of waterways for anadromous                                                               
MAJOR CHASTAIN answered that AS  16.05.871 is Article 8, which is                                                               
protection  of  waterways  for   anadromous  fish,  .871  is  for                                                               
protection of  fish and  game, and  .881 is  construction without                                                               
approval prohibited, and .891 goes on through that section.                                                                     
SENATOR MICCICHE  asked him to  clarify what punishable  under AS                                                               
12.55 means.                                                                                                                    
4:47:03 PM                                                                                                                    
MR.  SKIDMORE answered  that  previously  AS 16.05.896  indicated                                                               
that offenses were punishable as  a misdemeanor for those various                                                               
sections. Sec.  17 of  SB 164  allows a  violation to  be charged                                                               
instead of  a misdemeanor, and  a violation under AS  12.55 would                                                               
be punishable up to $500.                                                                                                       
SENATOR MICCICHE asked if that  is a significant reduction in the                                                               
level of charge.                                                                                                                
MR.  SKIDMORE  answered that  this  language  does not  reduce  a                                                               
charge from  a misdemeanor to  a violation. It allows  charging a                                                               
violation  when   a  culpable  mental  state   can't  be  proved,                                                               
consistent  with the  rest of  the bill.  It's an  easier way  to                                                               
prove the case,  which is why there is also  a lower penalty. But                                                               
if  there   is  an  appropriate   mental  state,  it   remains  a                                                               
misdemeanor punishable the same as it was previously.                                                                           
4:48:57 PM                                                                                                                    
MAJOR  CHASTAIN  said  sections   19-26  in  general  standardize                                                               
penalties  as is  done throughout  the bill.  All these  sections                                                               
create  standardization for  charging  as  misdemeanors but  also                                                               
gives the ability to charge as a violation when appropriate.                                                                    
MAJOR CHASTAIN said  sec. 27 amends the court  rule, which allows                                                               
the department to create a  correctable citation. Right now there                                                               
is no mechanism in place to make a correctable citation.                                                                        
Sec. 28  amends the  uncodified law  of Alaska  to make  it clear                                                               
that  the act  applies to  offenses that  occur on  or after  the                                                               
effective date,  and sec.  29 provides for  an effective  date of                                                               
July 1, 2016.                                                                                                                   
CHAIR GIESSEL said he mentioned there  were two typos and one was                                                               
in sec. 17, and asked where the other typo is.                                                                                  
MAJOR CHASTAIN said  it is in sec.  23, on line 9.  Now it reads:                                                               
"16.10.010" and it should say "16.10.110".                                                                                      
4:51:19 PM                                                                                                                    
SENATOR MICCICHE asked  if the sportfish bail  schedules had been                                                               
adjusted or if they are remaining the same.                                                                                     
MAJOR  CHASTAIN answered  that bail  schedules have  changed over                                                               
the years,  and six to  eight years ago,  they were changed  to a                                                               
flat  fee  with  an  additional   amount  per  fish.  Those  bail                                                               
schedules are published in statute.  In some situations, more can                                                               
be charged for a more serious offense.                                                                                          
SENATOR MICCICHE  pointed out that  a different value was  put on                                                               
different species  in sec. 16  depending on whether or  not there                                                               
are return problems.                                                                                                            
SENATOR STEDMAN  asked what penalty  a licensed hunter  is facing                                                               
who  has  tags and  shoots  a  game  animal on  private  property                                                               
without permission and doesn't collect the animal.                                                                              
MAJOR CHASTAIN said that would  be difficult to answer because of                                                               
the  hypotheticals, but  in general,  they would  investigate the                                                               
case to determine what actually  happened. If that person did not                                                               
have  permission to  be  on private  property,  it's likely  that                                                               
animal,  in consultation  with  the  District Attorney's  Office,                                                               
would be seized and the person would be charged.                                                                                
SENATOR STEDMAN said he didn't  run into that situation too often                                                               
in the Southeast Alaska. If  the animal isn't harvested, it would                                                               
most likely be a wanton  waste issue and become another potential                                                               
concern about  taking a game  animal on private  property without                                                               
MAJOR CHASTAIN said that was  correct; the offender would look at                                                               
wanton waste charges  or failed to salvage  charges, depending on                                                               
the  severity,  along  with  any  additional  crimes  they  would                                                               
discover throughout their investigation.                                                                                        
SENATOR STOLTZE asked if the  Department of Public Safety, ADF&G,                                                               
and the Department  of Law look at self-reporting  as a mitigater                                                               
in the case  where someone self-reports they  made an inadvertent                                                               
MAJOR CHASTAIN  said self-report,  in general,  is a  major topic                                                               
they  deal  with  every  year. Quite  a  few  people  self-report                                                               
hunting violations  throughout the  state, and  in his  view, the                                                               
department had done a phenomenal  job of encouraging people to do                                                               
that and  not waste animals.  This has been  accomplished through                                                               
targeted and direct interface with  the hunters to make sure they                                                               
understand  that  they  are  going  to  be  treated  dramatically                                                               
different when they come into  an Alaska Wildlife Troopers office                                                               
and  bring that  animal in  in good  condition than  if they  are                                                               
discovered in the  field or waste the animal by  leaving it there                                                               
and not salvaging it.                                                                                                           
SENATOR STOLTZE  asked if that  is done on a  discretionary basis                                                               
or if a lesser penalty is codified if a person self-reports.                                                                    
MAJOR  CHASTAIN answered  that it  is up  to the  State Trooper's                                                               
discretion  to  consider  someone  a  self-turn-in,  but  turning                                                               
themselves into a Wildlife Trooper who  pulls up to their camp on                                                               
a four-wheeler is not going to cut it.                                                                                          
CHAIR GIESSEL  thanked everyone for  presenting the bill  and set                                                               
it aside for another hearing. She                                                                                               

Document Name Date/Time Subjects
Resume-Turner-BOG.pdf SRES 2/22/2016 3:30:00 PM
Board of Game Confirmations
SB164 ver A.pdf SRES 2/22/2016 3:30:00 PM
SB 164
SB164 Sponsor Statement - Governor's Transmittal letter.pdf SRES 2/22/2016 3:30:00 PM
SB 164
SB164 - Sectional Analysis.pdf SRES 2/22/2016 3:30:00 PM
SB 164
SB164-F&G-CO-2-2-16.pdf SRES 2/22/2016 3:30:00 PM
SB 164
SB172 Sponsor Statement - Governor's Transmittal letter.pdf SRES 2/22/2016 3:30:00 PM
SB 172
SB172 ver A.pdf SRES 2/22/2016 3:30:00 PM
SB 172
SB172- Sectional Analysis.pdf SRES 2/22/2016 3:30:00 PM
SB 172
SB172-DFG-CF-2-5-16.pdf SRES 2/22/2016 3:30:00 PM
SB 172
SB164-Fiscal Note-DPS-1-29-2016.pdf SRES 2/22/2016 3:30:00 PM
SB 164
Turner-BOG-Letter of Support-SCI-.pdf SRES 2/22/2016 3:30:00 PM
Board of Game Appointments
BOG Nominee Nate Turner-Comment-Douglas Malone.pdf SRES 2/22/2016 3:30:00 PM
Board of Game-Turner