Legislature(2007 - 2008)BELTZ 211

03/10/2008 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 165 BIG GAME GUIDES AND TRANSPORTERS TELECONFERENCED
Heard & Held
+= SB 273 CRUELTY TO ANIMALS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
            HB 165-BIG GAME GUIDES AND TRANSPORTERS                                                                         
                                                                                                                                
CHAIR FRENCH announced the consideration of HB 165.                                                                             
                                                                                                                                
1:33:47 PM                                                                                                                    
REPRESENTATIVE  GABRIELLE LEDOUX,  sponsor  of HB  165, said  this                                                              
bill   rights  an   inadvertent   wrong  and   promotes   economic                                                              
development  in rural  areas. It  is an Act  related to  providing                                                              
field accommodations  for big game hunters. She  explained that in                                                              
1996, much needed  legislation was enacted to define  who is a big                                                              
game   hunter,   outfitter,   or  transporter   and   to   provide                                                              
regulations  for  licensing  and  other  considerations.  However,                                                              
there was  no provision for  the person  who merely wants  to rent                                                              
his or  her cabin to people  who may or  may not be  hunting. Many                                                              
people in  rural Alaska  have cabins  that are  empty for  part of                                                              
the year  and this  bill would  allow the  rental of those  cabins                                                              
without   falling    under   the   current    limiting   statutory                                                              
regulations.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  reminded the  committee  that  it is  very                                                              
difficult to generate  economic development in rural  areas and HB
165 will  enable people  in such  areas to  provide a  service and                                                              
make a little extra  money. She said that members  of the Big Game                                                              
Commercial  Services Board have  worked with  her office  in order                                                              
to craft this bill.                                                                                                             
                                                                                                                                
1:36:59 PM                                                                                                                    
SENATOR McGUIRE  explained that the  issue came about as  a result                                                              
of the Big  Game Guide Task Force.  The intention was  to keep big                                                              
guiding  operations from  using  public lands  without having  the                                                              
requisite  licenses to take  in out-of-state  hunters. Some  folks                                                              
that   have   private   cabins   did  testify   that   they   were                                                              
inadvertently  swept in. As  it now  stands, individuals  who have                                                              
private  cabins have  to get  a  transporter license  in order  to                                                              
rent their  cabins to any  big game hunters.  That's the  point of                                                              
the  bill, but  the drafting  is convoluted  because it  addresses                                                              
the old law.                                                                                                                    
                                                                                                                                
1:38:23 PM                                                                                                                    
CHAIR  FRENCH  asked whether  it's  a  transporter license  or  an                                                              
outfitter guide  license that's needed. His understanding  is that                                                              
a  transporter license  is required  to  rent out  skiffs, and  an                                                              
outfitter guide license is needed to rent out a cabin.                                                                          
                                                                                                                                
SUZANNE HANCOCK,  staff to  Representative LeDoux, explained  that                                                              
this bill tries  to exempt people who are only  providing lodging.                                                              
They are not  taking people out  in the field and are  not renting                                                              
skiffs.                                                                                                                         
                                                                                                                                
CHAIR  FRENCH noted  the memorandum  from  legislative legal,  and                                                              
asked if the bill  fixes just the lodging prong;  anyone who rents                                                              
skiffs would still need to get a license.                                                                                       
                                                                                                                                
REPRESENTATIVE LEDOUX said that's correct.                                                                                      
                                                                                                                                
SENATOR  McGUIRE  added  that  a  private  cabin  owner  who  also                                                              
provides  transportation,  perhaps as  part  of a  package,  would                                                              
still need to get a transporter license.                                                                                        
                                                                                                                                
CHAIR  FRENCH  summarized that  under  this  bill, a  cabin  owner                                                              
could rent  out his  or her cabin  without obtaining  an outfitter                                                              
guide license.  It's simple, narrow,  and focused, and it's  not a                                                              
broad exemption, he added.                                                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX agreed.                                                                                                   
                                                                                                                                
1:40:48 PM                                                                                                                    
CHAIR FRENCH  asked if  the bill  is opposed  by anyone  in either                                                              
body.                                                                                                                           
                                                                                                                                
MS.  HANCOCK  replied  no  opposition   has  been  voiced  in  the                                                              
committee meetings, but  one man would like this to  also apply to                                                              
leased property. The sponsor doesn't support that expansion.                                                                    
                                                                                                                                
CHAIR FRENCH opened public testimony.                                                                                           
                                                                                                                                
1:41:48 PM                                                                                                                    
RICK METZGER, rural  property owner, Kodiak Island,  said he asked                                                              
Representative LeDoux  to sponsor HB 165 when he  found himself in                                                              
this situation.  He explained that  the bill was developed  with a                                                              
great deal  of cooperation with  the Big Game Commercial  Services                                                              
Board and  the sponsor's staff.  After much discussion,  the scope                                                              
was narrowed  to private property  rental accommodations  only. He                                                              
highlighted a  broad spectrum  of supporters  and said this  is an                                                              
opportunity for  people who live  in rural areas to  generate some                                                              
extra income.                                                                                                                   
                                                                                                                                
CHAIR  FRENCH asked  if the  state had  begun proceedings  against                                                              
him, or was he trying to prevent a problem.                                                                                     
                                                                                                                                
MR. METZGER explained  that he rented his cabin  for several years                                                              
prior to  1996 when the  state troopers  dropped by to  inform him                                                              
of the new  interpretation of existing big game  guide transporter                                                              
statutes.  Under  the new  interpretation,  private  property  was                                                              
considered  to be  "in the  field," and  only big  game guides  or                                                              
transporters  who provide  transportation  services  could rent  a                                                              
cabin in  the field. He was  warned but not cited,  which prompted                                                              
him to  go to  the Big  Game Commercial  Services Board  seeking a                                                              
solution.                                                                                                                       
                                                                                                                                
CHAIR FRENCH  noted that two  committee members extensively  heard                                                              
the bill in the past.                                                                                                           
                                                                                                                                
1:45:17 PM                                                                                                                    
JAMES MARTIN,  big game hunter from  Homer, said his concern  as a                                                              
resident  licensed  big game  hunter  is  that it's  difficult  to                                                              
access the  resource. He has a hunt  of a lifetime coming  up, but                                                              
at this  point his only  option is to  tent camp on  Kodiak Island                                                              
for 15  days even though private  cabins are available.  He'd like                                                              
to see  some resolution  so that private  cabin owners  could rent                                                              
their  cabins, big  game guides  could continue  to provide  their                                                              
valuable services,  and people such as himself  could rent private                                                              
cabins and afford big game hunts in Alaska.                                                                                     
                                                                                                                                
1:47:54 PM                                                                                                                    
KELLY SALTZGIVER, hunter,  stated support for HB 165.  He lives in                                                              
Kenai and  has hunted on  Kodiak Island  for 30 years.  He's tried                                                              
to  give all  six of  his  children a  hunting  experience on  the                                                              
island,  but  the  opportunities   are  disappearing.  Hunting  on                                                              
Kodiak Island used  to cost in the hundreds of  dollars per person                                                              
and  now it  costs between  $3,000  and $5,000  for  a deer  hunt.                                                              
Having private  cabins available, as  provided in the bill,  is an                                                              
opportunity  to continue  to take his  children and  grandchildren                                                              
hunting.                                                                                                                        
                                                                                                                                
1:49:47 PM                                                                                                                    
DAVE SALTZGIVER,  hunter from  Kenai, said  he's hunted  on Kodiak                                                              
Island for about  12 years and this bill will make  it possible to                                                              
continue doing that  because it'll help keep the  cost reasonable.                                                              
"I support this bill," he said.                                                                                                 
                                                                                                                                
CHAIR FRENCH  asked the  sponsor if  there are  two sets  of rules                                                              
for  cabins on  public land  versus  cabins on  private land.  The                                                              
state obviously  doesn't need  a license to  rent its  cabins, but                                                              
individuals must  get an outfitter  license to rent  their private                                                              
cabins.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  LEDOUX said  yes;  "The state  isn't applying  the                                                              
same rules to its cabin that it's applying to private cabins."                                                                  
                                                                                                                                
CHAIR FRENCH held HB 165 in committee for a subsequent hearing.                                                                 
                                                                                                                                
At ease from 1:51:34 PM to 1:53:00 PM.                                                                                      
                                                                                                                                

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