Legislature(2007 - 2008)BELTZ 211

04/07/2008 09:00 AM Senate RULES


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09:02:58 AM Start
09:03:28 AM HB165
09:20:01 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 165 BIG GAME GUIDES AND TRANSPORTERS TELECONFERENCED
Moved SCS CSHB 165(RLS) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
                SENATE RULES STANDING COMMITTEE                                                                               
                         April 7, 2008                                                                                          
                           8:39 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Gary Stevens, Chair                                                                                                     
Senator Lyda Green, Vice Chair                                                                                                  
Senator Johnny Ellis                                                                                                            
Senator John Cowdery                                                                                                            
Senator Gene Therriault                                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 165                                                                                                              
"An Act relating to providing field accommodations for big game                                                                 
hunters."                                                                                                                       
     MOVED SCS HB 165(RLS) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 165                                                                                                                  
SHORT TITLE: BIG GAME GUIDES AND TRANSPORTERS                                                                                   
SPONSOR(s): REPRESENTATIVE(s) LEDOUX                                                                                            
                                                                                                                                
02/28/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/28/07       (H)       RES                                                                                                    
03/12/07       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/12/07       (H)       Heard & Held                                                                                           
03/12/07       (H)       MINUTE(RES)                                                                                            
03/19/07       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/19/07       (H)       Moved Out of Committee                                                                                 
03/19/07       (H)       MINUTE(RES)                                                                                            
03/21/07       (H)       RES RPT 8DP 1NR                                                                                        
03/21/07       (H)       DP: WILSON, ROSES, GUTTENBERG, EDGMON,                                                                 
                         KOHRING, SEATON, GATTO, JOHNSON                                                                        
03/21/07       (H)       NR: KAWASAKI                                                                                           
05/01/07       (H)       RETURNED TO RLS COMMITTEE                                                                              
05/05/07       (H)       TRANSMITTED TO (S)                                                                                     
05/05/07       (H)       VERSION: HB 165                                                                                        
05/07/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/07/07       (S)       RES, JUD                                                                                               
05/09/07       (S)       RES AT 4:00 PM BUTROVICH 205                                                                           
05/09/07       (S)       Heard & Held                                                                                           
05/09/07       (S)       MINUTE(RES)                                                                                            
02/18/08       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/18/08       (S)       Moved HB 165 Out of Committee                                                                          
02/18/08       (S)       MINUTE(RES)                                                                                            
02/19/08       (S)       RES RPT  7DP                                                                                           
02/19/08       (S)       DP: HUGGINS, GREEN, MCGUIRE, STEVENS,                                                                  
                         WIELECHOWSKI, WAGONER, STEDMAN                                                                         
03/03/08       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
03/03/08       (S)       Scheduled But Not Heard                                                                                
03/10/08       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
03/10/08       (S)       Heard & Held                                                                                           
03/10/08       (S)       MINUTE(JUD)                                                                                            
03/12/08       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
03/12/08       (S)       Moved HB 165 Out of Committee                                                                          
03/12/08       (S)       MINUTE(JUD)                                                                                            
03/14/08       (S)       JUD RPT  3DP 1NR                                                                                       
03/14/08       (S)       DP: FRENCH, WIELECHOWSKI, MCGUIRE                                                                      
03/14/08       (S)       NR: THERRIAULT                                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE GABRIELLE LEDOUX                                                                                                 
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT: Prime sponsor of HB 165.                                                                                  
                                                                                                                                
DOUG LETCH                                                                                                                      
Staff to Senator Stevens                                                                                                        
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT: Explained SCS HB 165(RLS), version M.                                                                     
                                                                                                                                
RICHARD ROHRER                                                                                                                  
Kodiak, AK                                                                                                                      
POSITION STATEMENT: Supported HB 165.                                                                                         
                                                                                                                                
PAUL JOHNSON                                                                                                                    
Big Game Commercial Services Board                                                                                              
Anchorage, AK                                                                                                                   
                                                                                                                                
POSITION STATEMENT: Supported HB 165.                                                                                         
                                                                                                                                
JOE KLUTSCH                                                                                                                     
Alaska Professional Hunters Association                                                                                         
No address provided                                                                                                             
POSITION STATEMENT: Supported HB 165.                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  GARY STEVENS  called the  Senate Rules  Standing Committee                                                             
meeting to  order at  9:02:58 AM.  Present at  the call  to order                                                             
were Senators Ellis, Green, Cowdery, Therriault and Stevens.                                                                    
                                                                                                                                
            HB 165-BIG GAME GUIDES AND TRANSPORTERS                                                                         
                                                                                                                              
9:03:28 AM                                                                                                                    
CHAIR GARY STEVENS announced HB 165 to be up for consideration.                                                                 
                                                                                                                                
REPRESENTATIVE GABRIELLE  LEDOUX, prime  sponsor of HB  165, said                                                               
that  they are  probably  all  familiar with  the  bill, but  the                                                               
guide's association wanted one other change.                                                                                    
                                                                                                                                
SENATOR  GREEN moved  to  adopt  SCS HB  165(RLS)  version M  for                                                               
discussion  purposes. There  were  no objections  and  it was  so                                                               
ordered.                                                                                                                        
                                                                                                                                
9:04:16 AM                                                                                                                    
DOUG LETCH, staff  to Senator Stevens, explained  that the Senate                                                               
CS adds some policing powers  to the Big Game Commercial Services                                                               
Guide  Board  and is  a  recommendation  from the  board  members                                                               
themselves  who  are  looking  for  a  way  to  strengthen  their                                                               
enforcement powers.                                                                                                             
                                                                                                                                
He explained that guides want to  be able to suspend a license in                                                               
certain situations  such as if the  public is at risk  due to the                                                               
licensee's behavior or poor business  practices. All other boards                                                               
have   this  enforcement   ability.  Currently,   the  Big   Game                                                               
Commercial  Services  Board can  only  suspend  a license  for  a                                                               
maximum of 30  days and he has been told  the District Attorney's                                                               
office is often  reluctant to expend its limited  resources for a                                                               
punishment that  lasts only 30  days. It just isn't  practical to                                                               
stake out  a trooper  in some  remote area of  Alaska to  catch a                                                               
perpetrator.                                                                                                                    
                                                                                                                                
He said  the guiding  and transport industry  is not  unlike most                                                               
industries  where most  operators are  law-abiding citizens,  but                                                               
they have  occasional law breakers; anecdotal  evidence indicates                                                               
one  guide  had  his  license  suspended  and  was  still  taking                                                               
reservations for  upcoming guiding  events. The  clients arrived,                                                               
but were stuck because the guy couldn't legally do that.                                                                        
                                                                                                                                
MR.  LETCH said  this  board  is the  only  one  that requires  a                                                               
hearing to take place before a  license can be suspended and that                                                               
hearings  cost  up  to  $30,000.   All  other  boards  allow  for                                                               
suspension of a  license while the hearing is offered  as well as                                                               
an appeal.                                                                                                                      
                                                                                                                                
MR. LETCH  said the Big  Game Commercial Services Board  is self-                                                               
supported  by  the industry  and  they  believe allowing  license                                                               
suspension without a  hearing will save money for  the guides and                                                               
transporters  as well  as  for  the state.  HB  165 provides  for                                                               
requesting  a hearing  before the  board  and an  appeal and  the                                                               
matter could  still be  taken to court  if needed.  He summarized                                                               
that  Version M  would  allow the  guiding  industry to  regulate                                                               
itself without  imposing unnecessary and costly  processes on the                                                               
folks involved.                                                                                                                 
                                                                                                                                
9:07:49 AM                                                                                                                    
SENATOR  GREEN  asked  if  everything  he said  can  be  done  by                                                               
removing "after a hearing" on page 1, line 6.                                                                                   
                                                                                                                                
MR. LETCH replied  yes; that language means that  the board wants                                                               
the opportunity to  suspend a license before a  hearing, which is                                                               
a power all other boards have.                                                                                                  
                                                                                                                                
CHAIR STEVENS  said that  would also  kick in  the right  for the                                                               
individual to request a hearing within seven days.                                                                              
                                                                                                                                
9:09:37 AM                                                                                                                    
RICHARD  ROHRER,  Kodiak  member   of  the  Big  Game  Commercial                                                               
Services Board, supported  HB 165. He said  it's been frustrating                                                               
at the last  several meetings to find out they  could only take a                                                               
license for 30  days in a severe situation or  for safety issues.                                                               
That doesn't  even take  a guide's license  for the  whole season                                                               
and there  is no  economic hardship to  deter further  actions by                                                               
him.                                                                                                                            
                                                                                                                                
9:10:36 AM                                                                                                                    
CHAIR  STEVENS asked  Mr.  Johnson to  describe  the process  the                                                               
board goes through for someone who is misbehaving.                                                                              
                                                                                                                                
PAUL  JOHNSON,   Big  Game  Commercial  Services   Board  member,                                                               
explained  that some  guide who  is misbehaving  has to  go to  a                                                               
hearing first  instead of before  the board and all  other boards                                                               
have licensees  go before the  professional board first.  Then if                                                               
they don't like what the board  decides, they can have a hearing.                                                               
If  they didn't  like what  the  hearing officer  said, they  can                                                               
still go to court.                                                                                                              
                                                                                                                                
CHAIR  STEVENS said  disciplinary action  isn't taken  lightly by                                                               
the board and  if they suspend a license it's  pretty serious and                                                               
not just a political move.                                                                                                      
                                                                                                                                
9:12:24 AM                                                                                                                    
MR. JOHNSON responded  that was correct and  that licenses aren't                                                               
taken  lightly.  Hearings cost  $30,000  each  and they  have  60                                                               
caseloads in front of them right now.                                                                                           
                                                                                                                                
SENATOR  GREEN  said  some  of   the  testifiers  have  mentioned                                                               
something about 30 days and asked where that is changed.                                                                        
                                                                                                                                
MR. JOHNSON replied  under the repealer in  Section 08.54.710 (i)                                                               
on page 2, line 14, the  department can suspend for only 30 days.                                                               
He explained that  that section doesn't work  because no district                                                               
attorney would pull a license for  30 days saying it's a waste of                                                               
time and  energy. The Big  Game Commercial Services Board  is the                                                               
only board  that disciplines  in this manner.  He said  they just                                                               
went through  a case where  the board couldn't suspend  a guide's                                                               
license and he went out and  sold $500,000 more in hunts. The guy                                                               
disappeared and  they can't do  anything about getting  the money                                                               
back either.                                                                                                                    
                                                                                                                                
MR. JOHNSON  said the board  is highly professional and  does not                                                               
take these  things lightly.  They should be  allowed to  do their                                                               
functions. One bad apple is tainting the other apples.                                                                          
                                                                                                                                
9:16:42 AM                                                                                                                    
JOE KLUTSCH,  Alaska Professional Hunters  Association, supported                                                               
HB  165  for the  reasons  Mr.  Rohrer  and Mr.  Johnson  already                                                               
articulated.  He said  some  individuals  have committed  serious                                                               
violations and this  board has not had the ability  to take their                                                               
license for  even 30  days. These people  flaunt it  and continue                                                               
going out  in the next  hunting season  after they are  busted. A                                                               
number of  people need  their licenses  revoked and  this measure                                                               
does not take their right of appeal away.                                                                                       
                                                                                                                                
SENATOR  GREEN moved  to report  SCS HB  165(RLS) from  committee                                                               
with  individual  recommendations  and attached  fiscal  note(s).                                                               
There were no objections and it was so ordered.                                                                                 
                                                                                                                                
9:19:14 AM                                                                                                                    
SENATOR GREEN  moved to introduce a  senate concurrent resolution                                                               
to go with the title change.  There were no objections and it was                                                               
so ordered.                                                                                                                     
                                                                                                                                
There being no further business to come before the committee,                                                                   
Chair Stevens adjourned the meeting at 9:20:01 AM.                                                                            
                                                                                                                                
                                                                                                                                

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