Legislature(2011 - 2012)BELTZ 105 (TSBldg)
04/06/2012 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB224 | |
| SB134 | |
| HB229 | |
| HB274 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 229 | TELECONFERENCED | |
| + | HB 274 | TELECONFERENCED | |
| += | SB 224 | TELECONFERENCED | |
| += | SB 134 | TELECONFERENCED | |
| + | TELECONFERENCED |
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.
| 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 |