Legislature(2011 - 2012)BELTZ 105 (TSBldg)

04/06/2012 01:30 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 229 BIG GAME COMMERCIAL SERVICES BOARD TELECONFERENCED
Heard & Held
+ HB 274 UNFAIR TRADE PRACTICES TELECONFERENCED
Heard & Held
+= SB 224 EVIDENCE RULES: UNION/EMPLOYEE PRIVILEGE TELECONFERENCED
Moved CSSB 224(JUD) Out of Committee
+= SB 134 CHILD SUPPORT AWARDS TELECONFERENCED
Moved CSSB 134(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 6, 2012                                                                                          
                           1:37 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Joe Paskvan                                                                                                             
Senator John Coghill                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lesil McGuire                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 224                                                                                                             
"An   Act  making   privileged  certain   communications  between                                                               
employees and  employee union representatives; and  amending Rule                                                               
402 and Rule 501, Alaska Rules of Evidence."                                                                                    
                                                                                                                                
     - MOVED CSSB 224(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 134                                                                                                             
"An  Act relating  to child  support awards;  and repealing  Rule                                                               
90.3, Alaska Rules of Civil Procedure."                                                                                         
                                                                                                                                
     - MOVED CSSB 134(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 229(JUD)                                                                                
"An  Act  relating to  the  duties  of  the Big  Game  Commercial                                                               
Services Board; relating to  activities, including violations and                                                               
penalties,  under  the supervision  of  the  Big Game  Commercial                                                               
Services  Board; creating  a retired  status license  for certain                                                               
retired  guides and  outfitters; and  providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 274                                                                                                              
"An  Act   relating  to  the   exemption  of  certain   acts  and                                                               
transactions from  the provisions dealing with  unfair methods of                                                               
competition and unfair or deceptive acts or practices."                                                                         
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 224                                                                                                                  
SHORT TITLE: EVIDENCE RULES: UNION/EMPLOYEE PRIVILEGE                                                                           
SPONSOR(s): LABOR & COMMERCE                                                                                                    
                                                                                                                                
03/05/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/05/12       (S)       L&C, JUD                                                                                               
03/20/12       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/20/12       (S)       Heard & Held                                                                                           
03/20/12       (S)       MINUTE(L&C)                                                                                            
03/22/12       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/22/12       (S)       Moved SB 224 Out of Committee                                                                          
03/22/12       (S)       MINUTE(L&C)                                                                                            
03/23/12       (S)       L&C RPT  4DP                                                                                           
03/23/12       (S)       DP: EGAN, DAVIS, MENARD, PASKVAN                                                                       
03/30/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/30/12       (S)       Heard & Held                                                                                           
03/30/12       (S)       MINUTE(JUD)                                                                                            
04/06/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 134                                                                                                                  
SHORT TITLE: CHILD SUPPORT AWARDS                                                                                               
SPONSOR(s): KOOKESH                                                                                                             
                                                                                                                                
01/17/12       (S)       PREFILE RELEASED 1/6/12                                                                                
01/17/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/17/12       (S)       HSS, JUD                                                                                               
02/06/12       (S)       HSS AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/06/12       (S)       Heard & Held                                                                                           
02/06/12       (S)       MINUTE(HSS)                                                                                            
02/15/12       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
02/15/12       (S)       Moved CSSB 134(HSS) Out of Committee                                                                   
02/15/12       (S)       MINUTE(HSS)                                                                                            
02/17/12       (S)       HSS RPT CS  2DP 2NR     NEW TITLE                                                                      
02/17/12       (S)       DP: DAVIS, EGAN                                                                                        
02/17/12       (S)       NR: MEYER, DYSON                                                                                       
02/17/12       (S)       FIN REFERRAL ADDED AFTER JUD                                                                           
03/07/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/07/12       (S)       Heard & Held                                                                                           
03/07/12       (S)       MINUTE(JUD)                                                                                            
04/04/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/04/12       (S)       Heard & Held                                                                                           
04/04/12       (S)       MINUTE(JUD)                                                                                            
04/06/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 229                                                                                                                  
SHORT TITLE: BIG GAME COMMERCIAL SERVICES BOARD                                                                                 
SPONSOR(s): FEIGE                                                                                                               
                                                                                                                                
04/06/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/06/11       (H)       RES, JUD                                                                                               
04/08/11       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/08/11       (H)       Heard & Held                                                                                           
04/08/11       (H)       MINUTE(RES)                                                                                            
02/15/12       (H)       RES AT 1:00 PM BARNES 124                                                                              
02/15/12       (H)       Heard & Held                                                                                           
02/15/12       (H)       MINUTE(RES)                                                                                            
02/17/12       (H)       RES AT 1:00 PM BARNES 124                                                                              
02/17/12       (H)       Moved CSHB 229(RES) Out of Committee                                                                   
02/17/12       (H)       MINUTE(RES)                                                                                            
02/20/12       (H)       RES RPT CS(RES) NT 6DP 2NR 1AM                                                                         
02/20/12       (H)       DP: MUNOZ, FOSTER, DICK, P.WILSON,                                                                     
                         SEATON, FEIGE                                                                                          
02/20/12       (H)       NR: GARDNER, HERRON                                                                                    
02/20/12       (H)       AM: KAWASAKI                                                                                           
03/02/12       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/02/12       (H)       Moved CSHB 229(JUD) Out of Committee                                                                   
03/02/12       (H)       MINUTE(JUD)                                                                                            
03/05/12       (H)       JUD RPT CS(JUD) NT 7DP                                                                                 
03/05/12       (H)       DP: LYNN, GRUENBERG, KELLER, HAWKER,                                                                   
                         HOLMES, PRUITT, THOMPSON                                                                               
03/12/12       (H)       TRANSMITTED TO (S)                                                                                     
03/12/12       (H)       VERSION: CSHB 229(JUD)                                                                                 
03/14/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/14/12       (S)       JUD                                                                                                    
04/06/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 274                                                                                                                  
SHORT TITLE: UNFAIR TRADE PRACTICES                                                                                             
SPONSOR(s): HOLMES, OLSON                                                                                                       
                                                                                                                                
01/17/12       (H)       PREFILE RELEASED 1/13/12                                                                               
01/17/12       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/17/12       (H)       L&C                                                                                                    
02/13/12       (H)       L&C AT 3:15 PM CAPITOL 106                                                                             
02/13/12       (H)       Moved Out of Committee                                                                                 
02/13/12       (H)       MINUTE(L&C)                                                                                            
02/15/12       (H)       L&C RPT 4DP 1NR                                                                                        
02/15/12       (H)       DP: MILLER, HOLMES, THOMPSON, OLSON                                                                    
02/15/12       (H)       NR: JOHNSON                                                                                            
02/17/12       (H)       TRANSMITTED TO (S)                                                                                     
02/17/12       (H)       VERSION: HB 274                                                                                        
02/21/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/21/12       (S)       JUD                                                                                                    
04/06/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DANA OWEN, Committee Aide                                                                                                       
Senate Labor and Commerce Committee                                                                                             
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Explained the changes contained in the CS                                                                 
for SB 224.                                                                                                                     
                                                                                                                                
CINDY SMITH, Staff                                                                                                              
Senator Hollis French                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Explained the changes contained in the CS                                                                 
for SB 134.                                                                                                                     
                                                                                                                                
REPRESENTATIVE ERIC FEIGE                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Sponsor of HB 229.                                                                                        
                                                                                                                                
MICHAEL PASCHALL, Staff                                                                                                         
Representative Eric Feige                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Provided a sectional analysis for HB 229.                                                                 
                                                                                                                                
SENATOR LINDA MENARD                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Testified in support of HB 229.                                                                           
                                                                                                                                
JOE KLUTSCH, representing himself                                                                                               
King Salmon, AK                                                                                                                 
POSITION STATEMENT: Testified in support of HB 229.                                                                           
                                                                                                                                
KELLY VREM, Guide Representative                                                                                                
Big Game Commercial Services Board                                                                                              
Sutton, AK                                                                                                                      
POSITION STATEMENT: Testified in support of HB 229.                                                                           
                                                                                                                                
PAUL JOHNSON, Guide Representative                                                                                              
Big Game Commercial Services Board                                                                                              
Elfin Cove, AK                                                                                                                  
POSITION STATEMENT: Testified in support of HB 229.                                                                           
                                                                                                                                
VIRGIL UMPHENOUR, representing himself                                                                                          
North Pole, AK                                                                                                                  
POSITION STATEMENT: Testified in support of HB 229.                                                                           
                                                                                                                                
JOE WANT, representing himself                                                                                                  
Fairbanks, AK                                                                                                                   
POSITION STATEMENT: Expressed concern with Section 4 of HB 229.                                                               
                                                                                                                                
DON QUARBERG, Public Member                                                                                                     
Big Game Commercial Services Board                                                                                              
Delta Junction, AK                                                                                                              
POSITION STATEMENT: Testified in support of HB 229.                                                                           
                                                                                                                                
DAN MONTGOMERY, representing himself                                                                                            
Wasilla, AK                                                                                                                     
POSITION STATEMENT: Testified in support of HB 229.                                                                           
                                                                                                                                
KAREN POLLEY, Public Member                                                                                                     
Big Game Commercial Services Board                                                                                              
Juneau, AK                                                                                                                      
POSITION STATEMENT: Testified in support of HB 229.                                                                           
                                                                                                                                
THOR STACEY                                                                                                                     
Alaska Professional Hunter Association (APHA)                                                                                   
Juneau, AK                                                                                                                      
POSITION STATEMENT: Testified in support of HB 229.                                                                           
                                                                                                                                
JAMES R. WALDO, Staff                                                                                                           
Representative Lindsey Holmes                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Introduced HB 274 on behalf of the sponsor.                                                               
                                                                                                                                
CLYDE "ED" SNIFFEN JR., Senior Assistant Attorney General                                                                       
Commercial/Fair Business Section                                                                                                
Civil Division                                                                                                                  
Department of Law (DOL)                                                                                                         
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Provided supporting information on HB 274.                                                                
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:37:46 PM                                                                                                                    
CHAIR  HOLLIS   FRENCH  called  the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 1:37  p.m. Present at the  call to                                                               
order were Senators Coghill, Paskvan, and Chair French.                                                                         
                                                                                                                                
                                                                                                                                
        SB 224-EVIDENCE RULES: UNION/EMPLOYEE PRIVILEGE                                                                     
                                                                                                                                
1:38:07 PM                                                                                                                    
CHAIR  FRENCH announced  the  consideration of  SB  224, "An  Act                                                               
making  privileged certain  communications between  employees and                                                               
employee union  representatives; and  amending Rule 402  and Rule                                                               
501, Alaska  Rules of Evidence." He  asked for a motion  to adopt                                                               
the proposed committee substitute (CS).                                                                                         
                                                                                                                                
1:38:21 PM                                                                                                                    
SENATOR PASKVAN  moved to  bring the  work draft  CS for  SB 224,                                                               
labeled 27-LS1427\M, before the committee for discussion.                                                                       
                                                                                                                                
CHAIR  FRENCH announced  that without  objection,  version M  was                                                               
before the committee.                                                                                                           
                                                                                                                                
1:38:38 PM                                                                                                                    
SENATOR WIELECHOWSKI joined the committee.                                                                                      
                                                                                                                                
DANA OWEN, aide to the  Senate Labor and Commerce Committee, said                                                               
the L&C  committee supports the  changes contained in the  CS for                                                               
SB 224. He explained the following:                                                                                             
                                                                                                                                
All instances  of the word  "individual" and one instance  of the                                                               
word "person"  were replaced with  the word "advocate,"  which is                                                               
defined in  Section 2 [on page  2, lines 27-29.] Also  in Section                                                               
2, provisions  in Sec.  23.40.065(b)(1) and  (2) were  changed to                                                               
more  closely  track  the  language   of  similar  provisions  in                                                               
existing privileges under Court Rules.  Paragraph (3) [on page 2,                                                               
line  17,] was  added to  clarify  that no  privilege exists  for                                                               
matters of workplace safety.                                                                                                    
                                                                                                                                
CHAIR FRENCH  found no  questions or discussion  and asked  for a                                                               
motion.                                                                                                                         
                                                                                                                                
1:40:12 PM                                                                                                                    
SENATOR WIELECHOWSKI  moved to report  CS for SB 224,  version M,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR  FRENCH announced  that  without  objection, CSSB  224(JUD)                                                               
moved from Senate Judiciary Standing Committee.                                                                                 
                                                                                                                                
                  SB 134-CHILD SUPPORT AWARDS                                                                               
                                                                                                                                
1:40:33 PM                                                                                                                    
CHAIR  FRENCH announced  the  consideration of  SB  134, "An  Act                                                               
relating  to  child  support awards;  and  repealing  Rule  90.3,                                                               
Alaska Rules of Civil Procedure." He  asked for a motion to adopt                                                               
the committee substitute (CS).                                                                                                  
                                                                                                                                
1:40:46 PM                                                                                                                    
SENATOR  WIELECHOWSKI moved  to adopt  the work  draft CS  for SB                                                               
134, labeled 27-LS0671\D, as the working document.                                                                              
                                                                                                                                
CHAIR  FRENCH announced  that without  objection,  version D  was                                                               
before the committee.                                                                                                           
                                                                                                                                
1:40:53 PM                                                                                                                    
CINDY  SMITH, staff  to  Senator French,  explained  that the  CS                                                               
places Court Rule 90.3 in statute.                                                                                              
                                                                                                                                
CHAIR FRENCH relayed  that he was uncomfortable  with both moving                                                               
the court  rule into  statute and changing  the method  for child                                                               
support calculations. Because  most of the testimony  at the last                                                               
hearing appeared  to oppose the  new calculations, he  decided on                                                               
the  one-step  process   to  move  the  rule   into  statute  The                                                               
calculation  remains the  same. He  then  noted that  he had  two                                                               
conceptual amendments to offer.                                                                                                 
                                                                                                                                
CHAIR FRENCH moved Amendment 1.                                                                                                 
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
     Page 6, line 21, replace the words "a court" with "the                                                                     
     tribunal"                                                                                                                  
                                                                                                                                
CHAIR FRENCH  found no objection  and announced that  Amendment 1                                                               
passed.                                                                                                                         
                                                                                                                                
CHAIR FRENCH moved Amendment 2.                                                                                                 
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
      Page 9, line 12, following the word "or" insert the                                                                       
     word "monthly"                                                                                                             
                                                                                                                                
1:42:49 PM                                                                                                                    
CHAIR FRENCH  found no objection  and announced that  Amendment 2                                                               
passed.                                                                                                                         
                                                                                                                                
1:42:56 PM                                                                                                                    
SENATOR WIELECHOWSKI moved to report CS  for SB 134, version D as                                                               
amended,  from  committee  with  individual  recommendations  and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
CHAIR  FRENCH  announced  CSSB 134(JUD)  moved  from  the  Senate                                                               
Judiciary Standing Committee.                                                                                                   
                                                                                                                                
1:43:12 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
           HB 229-BIG GAME COMMERCIAL SERVICES BOARD                                                                        
                                                                                                                                
1:44:41 PM                                                                                                                    
CHAIR  FRENCH announced  the  consideration of  HB  229, "An  Act                                                               
relating  to  activities,  including  violations  and  penalties,                                                               
under  the  supervision  of  the  Big  Game  Commercial  Services                                                               
Board."                                                                                                                         
                                                                                                                                
1:44:49 PM                                                                                                                    
REPRESENTATIVE ERIC FEIGE,  sponsor of HB 229, said  the bill was                                                               
drafted at the request of  the Big Game Commercial Services Board                                                             
to address concerns about the  rules governing the activities and                                                               
licensing  of  commercial  guides.  The bill  does  four  things.                                                               
First, it expands the regulatory  authority of the board. Second,                                                               
it  allows retired  licensed  guides to  be  recognized as  such.                                                               
Third, it  clarifies provisions in statute  that allow employment                                                               
between guides and how they  are supervised. Finally, it allows a                                                               
judge  discretion to  order the  board to  suspend a  license for                                                               
minor  violations instead  of requiring  the court  to order  the                                                               
suspension of the license.                                                                                                      
                                                                                                                                
The regulation of professional guides  and the provisions of this                                                               
bill pertain  to state,  federal, and private  land. There  is no                                                               
connection to  proposals concerning  guide use  areas on  land by                                                               
the Department of Natural Resources.                                                                                            
                                                                                                                                
1:46:45 PM                                                                                                                    
MICHAEL PASCHALL,  staff to Representative  Eric Feige,  read the                                                               
following sectional analysis into the record:                                                                                   
                                                                                                                                
     Section  1 provides  additional  authority  to the  Big                                                                    
     Game  Commercial Services  Board to  create regulations                                                                    
     to administer the regulation of  big game guides. Under                                                                    
     current statute,  the board  is limited  to regulations                                                                    
     that are "required" under statute.                                                                                         
                                                                                                                                
     Section  2  creates  the provision  in  statute  for  a                                                                    
     retiree status license that  recognizes those that have                                                                    
     earned  a  guide  license. No  privileges  are  granted                                                                    
     under the license to provide guiding services.                                                                             
                                                                                                                                
CHAIR FRENCH  asked if this is  simply a nice gesture  to retired                                                               
guides.                                                                                                                         
                                                                                                                                
MR. PASCHALL  replied it  will also be  helpful to  those retired                                                               
guides who  are involved  in marketing  guide and  other services                                                               
outside the state.                                                                                                              
                                                                                                                                
     Section 3  clarifies language to specify  that a guide-                                                                    
     outfitter  may  provide  the   services  of  a  class-A                                                                    
     assistant  guide under  the  control  of a  contracting                                                                    
     guide-outfitter,   anywhere   the  contracting   guide-                                                                    
     outfitter is licensed to contract hunts.                                                                                   
                                                                                                                                
     Section  4 changes  the requirements  for a  registered                                                                    
     guide-outfitter to require them  to primarily be in the                                                                    
     field  supervising, participating  in and  conducting a                                                                    
     hunt as defined under  regulations by the board, unless                                                                    
     a  class-A assistant  guide is  conducting the  hunt as                                                                    
     regulated by the board.                                                                                                    
                                                                                                                                
1:48:42 PM                                                                                                                    
SENATOR   WIELECHOWSKI    noted   that   current    statute   [AS                                                               
8.54.610(e)(1)]  says the  guide shall  be physically  present in                                                               
the field. He asked the rationale  for the proposed change to say                                                               
"primarily in the field supervising."                                                                                           
                                                                                                                                
MR. PASCHALL  explained that this  works in conjunction  with the                                                               
board's additional  authority to  write regulations. The  idea is                                                               
to give  registered guide-outfitters  more of a  supervisory role                                                               
on guided hunts.                                                                                                                
                                                                                                                                
     Section 5 provides the board  with the power to suspend                                                                    
     or  revoke  a license  of  someone  engaged in  conduct                                                                    
     involving unprofessionalism, moral  turpitude, or gross                                                                    
     immorality.                                                                                                                
                                                                                                                                
     Section 6  changes penalties for certain  violations to                                                                    
     allow a court  to order the board to  suspend a license                                                                    
     instead of  requiring the court  to order the  board to                                                                    
     suspend a license.                                                                                                         
                                                                                                                                
     Section 7  authorizes the department  to set a  fee for                                                                    
     the new retired master guide-outfitter license.                                                                            
                                                                                                                                
     Section 8 is conforming  language to specify the holder                                                                    
     of a retired guide license may not guide.                                                                                  
                                                                                                                                
     Section 9  provides an effective  date for  Sections 3,                                                                    
     4, and 5 of the bill of April 1, 2013.                                                                                     
                                                                                                                                
     Section  10 provides  for an  immediate effective  date                                                                    
     for sections of the bill  other than Sections 3, 4, and                                                                    
     5.                                                                                                                         
                                                                                                                                
1:51:14 PM                                                                                                                    
CHAIR FRENCH asked for additional explanation of Section 6.                                                                     
                                                                                                                                
MR. PASCHALL  explained that  the primary  issue is  that current                                                               
statute requires the  court to order a suspension  of the license                                                               
for any game  violation, including even minor  violations such as                                                               
improperly completed paperwork. This gives the court discretion.                                                                
                                                                                                                                
1:52:15 PM                                                                                                                    
SENATOR LINDA  MENARD introduced her staff  member Steve Perrins,                                                               
who is a  registered big game guide. She testified  in support of                                                               
HB  229 and  relayed  that  she was  the  sponsor  of the  Senate                                                               
companion  bill. It  is  good  policy that  will  serve both  the                                                               
guiding  community and  the Big  Game  Commercial Services  Board                                                               
well.                                                                                                                           
                                                                                                                                
CHAIR  FRENCH  identified  the individuals  available  to  answer                                                               
questions.                                                                                                                      
                                                                                                                                
1:55:02 PM                                                                                                                    
JOE KLUTSCH, representing  himself, King Salmon, AK,  said he was                                                               
a master guide testifying in support  of HB 229. He described the                                                               
legislation as well vetted with  input from the troopers, guides,                                                               
and  the  Department of  Law  (DOL).  It  will help  the  guiding                                                               
industry  and  other  hunters.  The  enforcement  provisions  are                                                               
particularly  important and  will  help  the commercial  services                                                               
board get rid of repeat offenders.                                                                                              
                                                                                                                                
1:56:40 PM                                                                                                                    
KELLY VREM,  guide representative,  Big Game  Commercial Services                                                               
Board, Sutton, AK,  said he was testifying in support  of HB 229,                                                               
and could  confirm that  the bill was  well vetted.  He explained                                                               
that  the  language  "primarily in  the  field  supervising"  was                                                               
inserted  to allow  a registered  guide to  leave the  field when                                                               
necessary to  do things in  direct support  of the hunt.  He also                                                               
spoke  in support  of  the new  subsection  that addresses  moral                                                               
turpitude.  It  will allow  the  board  to  weed out  bad  actors                                                               
relatively quickly.                                                                                                             
                                                                                                                                
1:58:28 PM                                                                                                                    
PAUL JOHNSON, guide representative,  Big Game Commercial Services                                                               
Board, Elfin Cove, AK, testified in  support of HB 229. He agreed                                                               
with  the  previous  testimony,  and   added  that  some  of  the                                                               
provisions that were added are found in other boards.                                                                           
                                                                                                                                
1:59:19 PM                                                                                                                    
VIRGIL   UMPHENOUR,  representing   himself,   North  Pole,   AK,                                                               
testified  in support  of HB  229.  He said  it's appropriate  to                                                               
delete the  language "physically  present in  the field  with the                                                               
client  at least  once  during the  contracted  hunt" because  it                                                               
removes a  loophole. The  guide is  supposed to  be in  the field                                                               
guiding, not  there just one  time during the hunt.  He described                                                               
the change  in Section 6  where paragraph (8) moves  from "shall"                                                               
to "may"  as extremely important to  keep a guide from  being put                                                               
out of  business for a  minor paperwork violation.  He reiterated                                                               
his support for the bill.                                                                                                       
                                                                                                                                
2:01:35 PM                                                                                                                    
JOE  WANT, representing  himself,  Fairbanks, AK,  said his  only                                                               
concern  with the  bill is  the  amendment to  AS 8.54.610(e)  in                                                               
Section 4,  because it  reduces the  obligation to  supervise and                                                               
participate.  Current regulations  do  not  require an  assistant                                                               
guide  to  be   supervised  by  a  guide.   The  regulations  for                                                               
supervision and participation allow  an 18-year-old who has never                                                               
seen  a  sheep,  goat,  or  bear   to  be  in  camp  without  any                                                               
supervision  from  a guide  or  class-A  assistant guide.  Yet  a                                                               
retired biologist  from the  Alaska Department  of Fish  and Game                                                               
(ADF&G) who has hunted for 30  years cannot accompany a friend on                                                               
a hunt. He  said that sort of dichotomy puts  the whole system at                                                               
risk.  He  noted  that  he  submitted  written  comments  to  the                                                               
committee.                                                                                                                      
                                                                                                                                
2:03:17 PM                                                                                                                    
CHAIR FRENCH  said he distributed  copies to the members  and the                                                               
sponsor.                                                                                                                        
                                                                                                                                
2:04:04 PM                                                                                                                    
DON QUARBERG, public member, Big  Game Commercial Services Board,                                                               
stated that  HB 229 protects the  intent of the law  and makes it                                                               
easier to  enforce. It  will also  make it  easier for  guides to                                                               
operate  and  will   ease  the  workload  for   the  Division  of                                                               
Occupational Licensing.  He explained  that the  word "primarily"                                                               
was used [in  Section 4 on page  3, line 2,] because  it tends to                                                               
allow  an exemption  for people  to leave  the field  in case  of                                                               
emergency.  He pointed  out that  if the  bill passes,  the board                                                               
will look at regulations to address  in the future. It is already                                                               
forming  a  committee  to  look  at  definitions  for  the  terms                                                               
"supervision," "participation," and "field."                                                                                    
                                                                                                                                
2:06:06 PM                                                                                                                    
DAN MONTGOMERY, representing himself, Wasilla,  AK, said he was a                                                               
master guide and had attended  every Big Game Commercial Services                                                               
Board meeting for  the past several years. It's a  good bill that                                                               
has his full  support. He said the amended language  in Section 4                                                               
will make it  easier to operate. He explained that  his base camp                                                               
is in the small  village of Port Heiden, and he  has to drive his                                                               
clients five miles to village  corporation lands in order to hunt                                                               
bear.                                                                                                                           
                                                                                                                                
2:07:43 PM                                                                                                                    
KAREN POLLEY, public member, Big  Game Commercial Services Board,                                                               
Juneau,  AK, stated  support for  HB 229.  It will  lead to  more                                                               
professionalism  among guides  and the  industry in  general. She                                                               
highlighted  the importance  of  the retired  status license  for                                                               
certain  retired  guides  and   outfitters,  and  reiterated  her                                                               
support for the bill.                                                                                                           
                                                                                                                                
2:08:48 PM                                                                                                                    
THOR STACEY, Alaska Professional  Hunter Association (APHA), said                                                               
APHA is in strong support of HB 229.                                                                                            
                                                                                                                                
2:09:16 PM                                                                                                                    
CHAIR FRENCH asked  if Mr. Want's concerns  were about regulation                                                               
or statute.                                                                                                                     
                                                                                                                                
MR.  STACY  said  he  believes   the  overall  concern  is  about                                                               
supervision  by  a  qualified  professional  to  ensure  positive                                                               
outcomes for  the client. It's  a valid concern; it  is important                                                               
to   define  "supervision"   but  the   deleted  language   is  a                                                               
superfluous supervision  requirement that does not  carry out the                                                               
intent. The  board is  committed and the  current redraft  of the                                                               
statute   will  allow   regulations  that   have  more   or  less                                                               
restriction.                                                                                                                    
                                                                                                                                
CHAIR FRENCH commented  that removing the loophole  (page 1, line                                                               
31 through page  2, line 1) appears to encourage  the presence of                                                               
the guide more strongly.                                                                                                        
                                                                                                                                
MR. STACY  agreed; the  key is  to have  supervision requirements                                                               
with proximity attached  so that the guide is in  the area of the                                                               
hunt and  can train assistant  guides. The bill does  not address                                                               
Mr.  Want's concerns  about  assistant  guide qualifications  and                                                               
where they can be.                                                                                                              
                                                                                                                                
2:13:01 PM                                                                                                                    
MR. PASCHALL  said the goal was  to give the Big  Game Commercial                                                               
Services Board  the authority to  write regulations  necessary to                                                               
regulate the industry, as opposed to the legislature process.                                                                   
                                                                                                                                
CHAIR FRENCH  said the  committee would  contemplate HB  229 over                                                               
the weekend and likely take action at the next meeting.                                                                         
                                                                                                                                
                 HB 274-UNFAIR TRADE PRACTICES                                                                              
                                                                                                                                
2:14:15 PM                                                                                                                    
CHAIR  FRENCH announced  the  consideration of  HB  274, "An  Act                                                               
relating to the  exemption of certain acts  and transactions from                                                               
the  provisions dealing  with unfair  methods of  competition and                                                               
unfair or deceptive acts or practices."                                                                                         
                                                                                                                                
2:14:43 PM                                                                                                                    
REPRESENTATIVE  LINDSEY HOLMES,  sponsor of  HB 274,  stated that                                                               
the bill clears  up a potential ambiguity in  the Alaska Consumer                                                               
Protection Act (CPA). It clarifies that  the state can step in to                                                               
protect  Alaskan consumers  when  the federal  government is  not                                                               
doing  so.  The bill  makes  it  clear  that  the state  and  its                                                               
citizens are  not without remedy  due to a misapplication  of the                                                               
safe harbor provision in the CPA.                                                                                               
                                                                                                                                
2:15:42 PM                                                                                                                    
JAMES R.  WALDO, staff, Representative Lindsey  Holmes, confirmed                                                               
that  there  is an  ambiguity  about  where the  Alaska  Consumer                                                               
Protection Act can  apply when federal laws  prohibit or regulate                                                               
the same conduct, but don't explicitly preempt state law.                                                                       
                                                                                                                                
CHAIR FRENCH asked if that was in paragraph (1).                                                                                
                                                                                                                                
MR. WALDO said  yes; the safe harbor provision says  the CPA does                                                               
not apply  to conduct that  is regulated and prohibited  by state                                                               
or  federal  law. The  bill  removes  the exemption  for  conduct                                                               
regulated  and prohibited  by federal  law. He  said it's  a good                                                               
idea to preserve  the exemption for state law. For  example, if a                                                               
consumer finds  troubling conduct from an  insurance company, the                                                               
Division of  Insurance (DOI)  can solve  the problem  using state                                                               
insurance laws,  not the  Consumer Protection  Act. Additionally,                                                               
if the state decides that enforcement  is too much or too little,                                                               
it can change those laws as it sees fit.                                                                                        
                                                                                                                                
The state is  preempted when state law and  federal law regulates                                                               
or  prohibits the  same conduct.  However, there  are gray  areas                                                               
when there is shared jurisdiction  or when the federal government                                                               
has laws or  regulations it doesn't intend to  enforce or intends                                                               
the state  to so  its own  enforcement. In  those cases,  the CPA                                                               
arguably would not  apply. This was at issue in  a case involving                                                               
two pharmaceutical  companies. He  noted that the  judicial order                                                               
from Judge Beistline was included  in the packet. This bill would                                                               
make it  very clear that the  state has the power  to enforce the                                                               
CPA in  cases where the federal  government is not going  to take                                                               
action and the state sees need to protect Alaskan consumers.                                                                    
                                                                                                                                
SENATOR FRENCH  asked on what  page in the order  Judge Beistline                                                               
discusses the issues that impinge on the bill.                                                                                  
                                                                                                                                
MR. WALDO directed attention to page 18.                                                                                        
                                                                                                                                
2:19:41 PM                                                                                                                    
CLYDE   "ED"    SNIFFEN   JR.,   Assistant    Attorney   General,                                                               
Commercial/Fair Business  Section, Civil Division,  Department of                                                               
Law  (DOL),  said  his responsibilities  include  enforcement  of                                                               
Alaska's  consumer protection  and antitrust  laws. He  confirmed                                                               
that there have  been situations where a federal  court or agency                                                               
announced  shared state/federal  jurisdiction over  certain areas                                                               
like drug labeling. The state believes  it should be able to take                                                               
action against  companies that violate  the CPA on  those issues.                                                               
Because  of  the  ambiguity  in  statute, if  a  federal  law  or                                                               
regulation  covers that  conduct, whether  it's enforced  or not,                                                               
defendants  are  using  that  as a  shield  against  the  state's                                                               
enforcement activity.  HB 274 removes the  federal exemption from                                                               
the CPA and allows the state to take action if need be.                                                                         
                                                                                                                                
He  agreed with  Mr. Waldo  said that  the state  could not  take                                                               
action  if the  federal  government preempts  an  area, but  that                                                               
wasn't  really the  issue.  He  said there  are  cases where  the                                                               
federal government has specifically  found there is no preemption                                                               
and  the state  still can't  take action  because the  conduct is                                                               
still regulated or prohibited. The  state takes the position that                                                               
the statutory language  is strong enough that it  can take action                                                               
if the  federal government isn't  enforcing the law.  That's what                                                               
the  state is  arguing in  the  case referenced  above, but  this                                                               
amendment makes it very clear.                                                                                                  
                                                                                                                                
CHAIR FRENCH  asked if the bill  would make it easier  to protect                                                               
Alaskan consumers.                                                                                                              
                                                                                                                                
MR.   SNIFFEN  said   yes,  particularly   in  cases   of  shared                                                               
jurisdiction  where  the federal  government  is  not taking  any                                                               
action.                                                                                                                         
                                                                                                                                
CHAIR FRENCH announced he would hold HB 274 in committee.                                                                       
                                                                                                                                
2:22:03 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair French adjourned the meeting at 2:22 p.m.                                                                                 

Document Name Date/Time Subjects
HB274 Sponsor Statement.pdf HL&C 2/13/2012 3:15:00 PM
SJUD 4/6/2012 1:30:00 PM
HB 274
HB274 Supporting Documents-Beistline Order re MTD.pdf HL&C 2/13/2012 3:15:00 PM
SJUD 4/6/2012 1:30:00 PM
HB 274
HB 229 Sponsor Statement.pdf HJUD 3/2/2012 1:00:00 PM
HRES 4/8/2011 1:00:00 PM
SJUD 4/6/2012 1:30:00 PM
HB 229
HB 229 BGCS Fact Sheet.pdf HJUD 3/2/2012 1:00:00 PM
HRES 4/8/2011 1:00:00 PM
SJUD 4/6/2012 1:30:00 PM
HB 229
HB 229 BGCS Roster.pdf HRES 4/8/2011 1:00:00 PM
SJUD 4/6/2012 1:30:00 PM
HB 229
HB229 Support Letter - Kubat.pdf HJUD 3/2/2012 1:00:00 PM
HRES 2/15/2012 1:00:00 PM
SJUD 4/6/2012 1:30:00 PM
HB 229
HB229 Support - BGCSB.pdf HRES 2/15/2012 1:00:00 PM
SJUD 4/6/2012 1:30:00 PM
HB 229
HB229 Support - Gunlogson.pdf HRES 2/15/2012 1:00:00 PM
SJUD 4/6/2012 1:30:00 PM
HB 229
HB229 Support Letter - Vrem.pdf HRES 2/15/2012 1:00:00 PM
SJUD 4/6/2012 1:30:00 PM
HB 229
HB 229 BGCS Statutes.pdf HJUD 3/2/2012 1:00:00 PM
HRES 4/8/2011 1:00:00 PM
SJUD 4/6/2012 1:30:00 PM
HB 229
HB229-CCED-CBPL-04-07-11.pdf HJUD 3/2/2012 1:00:00 PM
HRES 4/8/2011 1:00:00 PM
SJUD 4/6/2012 1:30:00 PM
HB 229
HB229 Support - APHA.pdf HRES 2/15/2012 1:00:00 PM
SJUD 4/6/2012 1:30:00 PM
HB 229