Legislature(2007 - 2008)BELTZ 211
04/07/2008 09:00 AM Senate RULES
| Audio | Topic |
|---|---|
| Start | |
| HB165 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 165 | TELECONFERENCED | |
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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