Legislature(2007 - 2008)BARNES 124
03/12/2007 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HB137 | |
| HB149 | |
| HB165 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 137 | TELECONFERENCED | |
| *+ | HB 149 | TELECONFERENCED | |
| *+ | HB 165 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 165-BIG GAME GUIDES AND TRANSPORTERS 2:37:44 PM CO-CHAIR JOHNSON announced that the final order of business would be HOUSE BILL NO. 165, "An Act relating to providing field accommodations for big game hunters." 2:38:14 PM SUZANNE HANCOCK, Staff to Representative Gabrielle LeDoux, presented the sponsor statement on behalf of Representative LeDoux. She explained that in 1996 legislation was enacted to establish definitions and laws for licensed guides, outfitters, and transporters of big game hunters. However, there is no provision for a cabin owner who merely wishes to rent his or her cabin to people who may or may not be hunting. Many rural Alaska residents have auxiliary cabins that are empty part of the year. She stated that HB 165 will allow cabin owners to rent their cabins without falling into any of the regulations established under the 1996 statute. Generating economic development is difficult in rural areas, she noted, and this bill will enable people to provide a service and earn revenue. She said that professional guides and members of the Board of Game worked with Representative LeDoux to craft the bill. 2:39:37 PM REPRESENTATIVE WILSON gave an example of being flown into a cabin for a bear hunt. She said that the cabin was owned by the pilot and asked whether HB 165 disallows a pilot from flying big game hunters into a cabin that is owned by that pilot. MS. HANCOCK stated that Representative Wilson's example probably put that pilot in the position of being considered a transporter. She explained that HB 165 applies only to an individual who rents a cabin without providing any other service but the roof over the renter's head. In response to a further question, she related that Rick Metzger, the cabin owner who brought this issue to Representative LeDoux's attention, will be testifying. She said that other cabin owners having the same problems also contacted Representative LeDoux. 2:42:28 PM RICK METZGER related his opinion that the pilot in Representative Wilson's example would not be affected by HB 165. He surmised that the pilot in her example was probably a licensed transporter because a cabin owner can only rent his or her cabin to hunters if he or she also provides the transportation to that cabin.. He said that under current law, a pilot cannot fly hunters to a private cabin that is owned by someone else. 2:43:13 PM REPRESENTATIVE WILSON asked if Mr. Metzger is a guide wishing to rent cabins that he owns in various locations. MR. METZGER responded that he is not a guide, only a private property owner with a couple of cabins. He said that he is trying to develop a source of supplemental income by renting his cabins to hunters. 2:43:56 PM CO-CHAIR JOHNSON inquired whether his understanding is correct that under current law a cabin owner cannot rent his or her cabin to someone who is hunting. MR. METZGER related that this is what he has been told. He explained that when he first set up his cabin rental business, he inquired with the Division of Corporations, Business, and Professional Licensing, the Division of Alaska State Troopers, and the Office of the Attorney General to get information to ensure he was legal in renting his cabins. He obtained a business license for real estate rental because he was told that that was the only thing necessary. In November 2006 he was visited by Alaska State Troopers who told him that under the definition of "field," he could not legally rent his cabins [to big game hunters]. He said that he "fell into a trap" because he is neither a licensed guide nor a transporter. In response to a question, Mr. Metzger stated that it is his understanding that when the legislature re-implemented the Big Game Commercial Services Board, changes were made to a 1996 statute in relation to the definition of "field." These changes went into affect in August 2006 and it was these changes that the troopers were enforcing. 2:46:40 PM TOM TEMPLE said that he supported HB 165 because he owns a remote cabin that he would like to rent to big game hunters. He said that he is familiar with "takings" issues because he works for a law firm. He said that he does not represent Mr. Metzger's interests, but he explained that Mr. Metzger was free to rent his cabins until August 2006 when regulations re- implementing the Big Game Commercial Services Board also made changes to the definition of "field." This change resulted in troopers believing they had new enforcement options and they threatened to issue citations. Mr. Temple said that he did not think this was the intent when the definition was changed. He said that he would also like to have the ability of renting cabins from other private property owners for himself without having to use a guide. He related that there have been numerous opinions, but that the Office of the Attorney General has not issued an opinion and this is the opinion that would matter the most. He pointed out that the state and federal governments can rent their remote cabins to hunters, but a private property owner cannot. 2:49:38 PM MR. TEMPLE, in response to a question, reiterated that the regulation went into effect in August 2006. He said that it is this regulation, not legislation, that changed the definition of "in the field" so that a cabin in the field is treated differently than a cabin associated with a city or town. The regulation did not affect situations such as the example given by Representative Wilson where a pilot flies big game hunters to a cabin that is owned by that pilot. However, the regulation change has resulted in various interpretations as to whether it is legal for private property owners to rent their cabins to hunters without having a transporter's license. Should an owner get a transporter's license in order to rent out his or her cabin, a different statute then requires that the owner transport the hunter to the cabin. He said that this situation creates a problem for the average cabin owner who does not have the ability to provide the transportation. 2:51:19 PM CO-CHAIR GATTO asked whether the troopers investigated because a complaint had been filed or because the troopers had unitarily decided to enforce the issue. MR. TEMPLE offered his understanding that there were no complaints. He said that he had personally spoken with a big game guide who owns cabins located in the same region as Mr. Metzger. He related that this guide would prefer that resident hunters be able to rent Mr. Metzger's cabins because then the hunters would not be hunting in the same area as the guide's cabins. Mr. Temple said that he did not think the change was supported by big game [guides], but rather that it is an unintended consequence. 2:53:09 PM REPRESENTATIVE ROSES asked if part of the issue at hand is that under AS 08.64.680, guides and transporters are required to have $100,000 in bonds, insurance, or assets. MR. TEMPLE remarked that he believes this would be an issue to most private property owners, especially for a person who merely wants to rent his or her cabin without providing any other service that a guide would provide. He explained that the cabin owner only needs to have an Alaska business license for rental real estate at a cost of $100 annually, plus the appropriate insurance. However, becoming a transporter or guide requires bonds and experience as an assistant guide for a period of time before qualifying to be a guide, and this creates an onerous and unattainable situation for a cabin owner. Additionally, he said, the transporter report forms clearly indicate that this is not the intent of the regulations because there is no place to accurately report an owner who is merely renting a cabin even if he or she had a transporter's license. 2:55:08 PM REPRESENTATIVE ROSES asked whether responsibility could fall onto the transporter or cabin owner for a hunter who violates state hunting laws while renting that person's cabin. MR. TEMPLE surmised that this might be a very real concern, especially in cases where the cabin owner is not on site or has not met the renter. He said that most remote state and federally owned cabins are rented out via the Internet, and that the Internet is often the method used by private cabin owners, as well. A hunter who violates laws should be held accountable, he said, but to say that the private property owner should also be accountable is not intended. 2:56:49 PM CO-CHAIR JOHNSON announced that HB 165 is being held for further consideration at the next committee meeting.
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