Legislature(2019 - 2020)BUTROVICH 205

02/27/2019 03:30 PM RESOURCES

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Audio Topic
03:30:12 PM Start
03:30:41 PM SB43
03:43:42 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 43 EXTEND BIG GAME COMMERCIAL SERVICES BOARD TELECONFERENCED
Moved SB 43 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 43-EXTEND BIG GAME COMMERCIAL SERVICES BOARD                                                                     
                                                                                                                                
3:30:41 PM                                                                                                                    
CHAIR BIRCH  announced the  consideration of  Senate Bill  43 (SB                                                               
43). He  said his intention  is to move the  bill on to  the next                                                               
committee of referral.                                                                                                          
                                                                                                                                
3:31:25 PM                                                                                                                    
SENATOR DAVID  WILSON, Alaska State Legislature,  Juneau, Alaska,                                                               
sponsor of SB  43, summarized that SB 43  extends the termination                                                               
date for the  Big Game Commercial Game Services  Board until June                                                               
2025. Additional emails  have been received and  his office looks                                                               
forward  to   addressing  issues  that  came   up  during  public                                                               
testimony. SB  43 strictly  extends the  board; however,  ways to                                                               
streamline  the  case  process  will  occur  later.  He  said  he                                                               
welcomed input on how to work  on solutions for the problems that                                                               
were mentioned during the previous hearing.                                                                                     
                                                                                                                                
SENATOR REINBOLD  said she decided  not to offer an  amendment to                                                               
reduce  the boards  extension to  either two  or four  years. She                                                               
emphasized the 95 percent of  cases are unnecessarily delayed and                                                               
fixing the delays is important.                                                                                                 
                                                                                                                                
SENATOR GIESSEL  addressed the  concept of  "delays" and  noted a                                                               
case where  the first charging disposition  occurred in September                                                               
2014, but  the criminal court  did not reach a  disposition until                                                               
June  2018. She  pointed out  that the  division had  said in  an                                                               
earlier hearing that  the investigator for the board  must open a                                                               
case   when   the  wildlife   troopers   open   their  case,   so                                                               
automatically the case  was delayed three years  and nine months.                                                               
She added that the noted case  is currently in civil court and is                                                               
still  not   done.  She  said   the  case  is   informative  when                                                               
considering  the  audit  identified  delays  and  acts  as  clear                                                               
evidence  of the  factors that  occur outside  of the  board. She                                                               
pointed out  that the board  cannot act until  the administrative                                                               
law judge in civil court has made a ruling.                                                                                     
                                                                                                                                
SENATOR GIESSEL  asked that  the committee  hear from  the Alaska                                                               
Wildlife Troopers  for information  on what  might delay  the Big                                                               
Game Commercial Game  Services Board from acting  on licenses for                                                               
guides,   transporters,   or   other  individuals   under   their                                                               
jurisdiction.                                                                                                                   
                                                                                                                                
3:35:37 PM                                                                                                                    
MAJOR   BERNARD  CHASTAIN,   Deputy  Director,   Alaska  Wildlife                                                               
Troopers, Alaska Department of  Public Safety, Anchorage, Alaska,                                                               
explained that there are two  scenarios, one is criminal, and one                                                               
is civil.  The Alaska Wildlife  Troopers operate in  the criminal                                                               
side in reference to Alaska Statutes  (AS) Title 8 (08), "AS 08,"                                                               
which  were created  by  the Legislature  to  deal with  criminal                                                               
offences that occur in the big game guiding industry.                                                                           
                                                                                                                                
He  said after  a case  is charged  under "AS  08," the  criminal                                                               
court process  commences where sometimes delays  occur based upon                                                               
due  process  and  things  involved in  the  court  process,  but                                                               
eventually the criminal court case ends up with a resolution.                                                                   
                                                                                                                                
He explained  that after  the criminal  court process,  the civil                                                               
portion  starts which  is where  the Department  of Commerce  and                                                               
Economic  Development  (DCCED)  starts their  investigation  that                                                               
usually deals  with licensing. Typically,  courts try not  to act                                                               
on big  game commercial licenses because  when a court acts  on a                                                               
license, the  board is bound  by the court's action  where judges                                                               
often  let  the board,  the  appropriate  licensing agency,  take                                                               
action on the license if criminal behavior occurred.                                                                            
                                                                                                                                
He noted  that in the  case that Senator Giessel  referenced, the                                                               
judge did  decide to let the  board act on the  license and after                                                               
the  criminal resolution  the  investigator  filed an  accusation                                                               
against the defendant that started  a civil process and that case                                                               
is  currently  awaiting  a decision  by  the  administrative  law                                                               
judge.                                                                                                                          
                                                                                                                                
3:38:13 PM                                                                                                                    
SENATOR GIESSEL  noted the criminal  court levied a  $35,100 fine                                                               
with 30 days of jail time for the case that she referenced.                                                                     
                                                                                                                                
MAJOR CHASTAIN  concurred with  Senator Giessel's  observation of                                                               
the  criminal court's  resolution  and  detailed specific  fines,                                                               
jail and  probation time  associated with the  case. He  said the                                                               
Alaska Wildlife  Troopers and DCCED  both support  suspension and                                                               
revocation of  the defendant's license  based upon  the egregious                                                               
case.                                                                                                                           
                                                                                                                                
SENATOR  REINBOLD  addressed the  sunset  audit  that showed  145                                                               
cases had been open for 180  days. She pointed out that the audit                                                               
found  20  out of  22  randomly  sampled cases  had  "unjustified                                                               
periods of  inactivity." She asked  if he believes  the extension                                                               
should be shortened.                                                                                                            
                                                                                                                                
MAJOR CHASTAIN clarified that he  was strictly speaking about the                                                               
enforcement side and  the decision on extending  the board's time                                                               
period was  up to the  Legislature. He said the  previously noted                                                               
case  is an  example  of  cases that  take  several  years to  be                                                               
completely  resolved, which  leads  to frustration.  He said  the                                                               
appearance is  no action  is being  taken but  in fact  action is                                                               
being taken as the wheels-of-justice moves slowly along.                                                                        
                                                                                                                                
3:41:29 PM                                                                                                                    
SENATOR  COGHILL moved  to report  SB 43,  [version 31-LS0442\A],                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note.                                                                                                                    
                                                                                                                                
3:41:39 PM                                                                                                                    
CHAIR BIRCH said there being no objection, the motion carried.                                                                  

Document Name Date/Time Subjects
SB43 Jay Stanford Email 2.25.19.pdf SFIN 4/9/2019 9:00:00 AM
SRES 2/27/2019 3:30:00 PM
SB 43
SB43 Jaff Pralle Email 2.22.19.pdf SFIN 4/9/2019 9:00:00 AM
SRES 2/27/2019 3:30:00 PM
SB 43
SB43 Brad Dennison Email 2.18.19.pdf SFIN 4/9/2019 9:00:00 AM
SRES 2/27/2019 3:30:00 PM
SB 43
SB43 Kodiak Outdoor Adventures Letter 2.25.19.pdf SFIN 4/9/2019 9:00:00 AM
SRES 2/27/2019 3:30:00 PM
SB 43
SB43 Nate Turner Letter 2.25.19.pdf SFIN 4/9/2019 9:00:00 AM
SRES 2/27/2019 3:30:00 PM
SB 43
SB43 Wayne Kubat Email 2.26.19.pdf SFIN 4/9/2019 9:00:00 AM
SRES 2/27/2019 3:30:00 PM
SB 43