Legislature(1993 - 1994)

02/07/1994 08:15 AM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HB 266 - Eligibility For Guide-Outfitter Licenses                            
                                                                               
  (CHAIRMAN WILLIAMS noted for the record REPRESENTATIVE                       
  MULDER had joined the committee at 8:20 a.m.)                                
                                                                               
  Number 016                                                                   
                                                                               
  REPRESENTATIVE GAIL PHILLIPS, PRIME SPONSOR HB 266, read her                 
  sponsor statement.  "This bill seeks to accomplish three                     
  things:  Extend the Big Game Commercial Services (BGCS)                      
  Board's statutory authority to June 30, 1997; broaden the                    
  statute in one section to enable compliance with a court                     
  decision in Cobb v. State; and reenact and define the                        
  "Master Guide" license.  This legislation is submitted on                    
  behalf of the Big Game Commercial Services Board as a result                 
  of their work and deliberations.                                             
                                                                               
  "The first part of this bill is self-explanatory.  The board                 
  has reached the end of it's tenure and currently is in it's                  
  sunset year which expires in June 1994.  This important                      
  board governs a 100 million dollar a year industry.  It                      
  received high marks on last year's legislative audit report                  
  and enjoys tremendous support and respect statewide.  The                    
  second section of the bill deletes language on client                        
  recommendations required for obtaining a guide-outfitter                     
  license.  This part of the current statute language is too                   
  narrow to adequately and fairly address some situations the                  
  board has come across.  For example, the law states that an                  
  applicant for this license must have two recommendations per                 
  year for the most recent three years.  If an applicant had                   
  become incapacitated during one of those years and could not                 
  guide, they would be ineligible regardless of the number of                  
  clients they had guided in previous years.                                   
                                                                               
  Number 030                                                                   
                                                                               
  "Since the premise underlying the licensing criteria is                      
  historical experience, the board would like to see the                       
  minimum number of client recommendations changed from six to                 
  eight, and have the wherewithal to tailor the qualifying                     
  years to fit the situation.  In order to respond to these                    
  situations in a timely fashion, it is desirable to have a                    
  board with the ability to set these requirements in                          
  regulations, where they can be fine tuned more quickly than                  
  having to go through the legislative process.  The BGCS                      
  Board Chairman, Paul Johnson, is here today and can answer                   
  specific questions on the section."                                          
                                                                               
  Number 045                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS continued:  "Section three of CSHB
  266 details the changes needed to make the master guide                      
  classification fair and workable.  Statutes enacted in 1989,                 
  grandfathered in some master guide licenses without                          
  provisions to accommodate future qualified candidates.                       
  While the state recognizes no substantive difference between                 
  the master guide and regular guide-outfitter license, the                    
  ability of those grandfathered in to advertise as master                     
  guides is unfair to those of equal experience who may only                   
  advertise as guide-outfitters.  This bill lays out                           
  requirements for the master guide license, including                         
  primarily the minimum number of client recommendations, and                  
  minimum years of participation as a guide-outfitter, which                   
  are substantially above those requirements for a regular                     
  guide-outfitter license.                                                     
                                                                               
  "The House Labor and Commerce Committee heard this bill, and                 
  amended it to include the 1997 sunset date, and the new                      
  language in subsection 10 of section 2.  The bill was passed                 
  out of that committee with three Do Pass, four No                            
  Recommendation, and zero do not pass votes.  I strongly                      
  support HB 266.  The continuation of this board is vital to                  
  the continued health of our big game resources, and the                      
  industry it serves."                                                         
                                                                               
  Number 063                                                                   
                                                                               
  PAUL JOHNSON, CHAIRMAN, BIG GAME COMMERCIAL SERVICES BOARD,                  
  stated problems in the guiding industry are being worked                     
  through and felt it is important to keep the board                           
  functioning.                                                                 
                                                                               
  REPRESENTATIVE CON BUNDE asked if all guides will eventually                 
  be master guides, resulting in master guides losing their                    
  edge in advertising.                                                         
                                                                               
  MR. JOHNSON responded if someone had a clean bill of health                  
  for a period of years, showed that they respected the                        
  resources of the state and did not have any ethical problems                 
  with their clients, they were put in the category of master                  
  guide.  In 1988, it was determined the master guide                          
  classification needed to be removed, which it was but                        
  grandfathered those already in the category.  This caused a                  
  conflict in advertising.                                                     
                                                                               
  Number 085                                                                   
                                                                               
  REPRESENTATIVE BUNDE questioned how many master guides will                  
  be added in the next five years.                                             
                                                                               
  MR. JOHNSON replied approximately 70.                                        
                                                                               
  (CHAIRMAN WILLIAMS noted for the record that REPRESENTATIVES                 
  JAMES AND FINKELSTEIN had joined the committee at 8:20 a.m.)                 
                                                                               
  Number 096                                                                   
                                                                               
  REPRESENTATIVE PAT CARNEY noticed on line 19, page 2, the                    
  number eight replaced the number six and the language "and                   
  meets other requirements established by the board in                         
  regulation" was added, and asked Mr. Johnson what other                      
  requirements he would envision.                                              
                                                                               
  MR. JOHNSON stated licensing is presently based on two                       
  recommendations per year from the most recent past three                     
  year period.   HB 266 will allow additional recommendations,                 
  but the board will have the ability to determine the                         
  qualifying years.  The bill will delete the requirement for                  
  a set number of recommendations per year over the most                       
  recent three year period. The qualifying years will be the                   
  other requirements.                                                          
                                                                               
  REPRESENTATIVE CARNEY expressed concern that the proposed                    
  language leaves it up to the board to decide what                            
  requirements will be established in future years.                            
                                                                               
  MR. JOHNSON responded there are other sections of current                    
  statutes with the same language and the board has                            
  historically been very reasonable.                                           
                                                                               
  Number 115                                                                   
                                                                               
  REPRESENTATIVE BILL HUDSON agreed the language is somewhat                   
  standard.  He felt the language creates a stronger standard                  
  for the master guide classification.                                         
                                                                               
  KARL LUCK, DIRECTOR, DIVISION OF OCCUPATIONAL LICENSING,                     
  DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT expressed                    
  support of HB 266 and said he was available for questions.                   
                                                                               
  GERON BRUCE, ALASKA DEPARTMENT OF FISH AND GAME (ADF&G)                      
  expressed support of HB 266 and said the department had not                  
  developed a position on the bill, as the sponsor did not ask                 
  the department to do so.  He stated ADF&G appreciates the                    
  work the BGCS board does and believes it is important that                   
  the board continues.                                                         
                                                                               
  REPRESENTATIVE JOHN DAVIES asked if the intent of the                        
  language "has been favorably recommended in writing by eight                 
  big game hunters" is to get recommendations from hunters who                 
  had been on eight separate different hunts.                                  
                                                                               
  MR. JOHNSON replied that was correct.                                        
                                                                               
  Number 151                                                                   
                                                                               
  REPRESENTATIVE HUDSON made a motion to MOVE CSHB 266(L&C)                    
  out of committee with INDIVIDUAL RECOMMENDATIONS.                            
                                                                               
  CHAIRMAN WILLIAMS asked if there were any objections.                        
  Hearing none, the motion PASSED.                                             
                                                                               

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