04/27/2006 01:30 PM Senate LABOR & COMMERCE

          HB 389-REGULATION OF TOURIST ACCOMMODATIONS                                                                       
                                                                                                                              
CHAIR CON BUNDE announced HB 389 to be up for consideration.                                                                    
                                                                                                                                
KAREN LIDSTER,  staff to Representative John  Coghill, sponsor of                                                               
HB 389, explained  that the sponsor had asked  all departments if                                                               
they  had laws  that  were no  longer being  used  that could  be                                                               
repealed.  The  Department  of Environmental  Conservation  (DEC)                                                               
responded   by   stating   that    their   permits   for   public                                                               
accommodations (AS  18.35.040) were  no longer being  used. Their                                                               
posting  and  penalty  for  non-compliance   also  needed  to  be                                                               
repealed.                                                                                                                       
                                                                                                                                
CHAIR  BUNDE said  he  understood  that this  bill  was clean  up                                                               
language that  was simply  removing language  that was  no longer                                                               
used.                                                                                                                           
                                                                                                                                
MS. LIDSTER replied yes.                                                                                                        
                                                                                                                                
1:49:19 PM                                                                                                                    
KRISTIN RYAN,  Director, Division  of Environmental  Health, DEC,                                                               
stated  that  the  department doesn't  currently  permit  tourist                                                               
accommodations  for  sanitation  and this  statute  only  effects                                                               
sanitation. It  does permit for drinking  water, food, wastewater                                                               
and solid waste. She clarified:                                                                                                 
                                                                                                                                
     It's  just  a  matter  of  resources.  We  haven't  had                                                                    
     sufficient resources as  far back as I've  been able to                                                                    
     tell,  which  goes  back  to   the  80s  -  we  haven't                                                                    
     permitted  them for  sanitation purposes.  So, we're  a                                                                    
     little  concerned with  liability  risk  there and  the                                                                    
     lack  of necessity  that we  do permit  a facility  for                                                                    
      something that is pretty much covered through other                                                                       
     means.                                                                                                                     
                                                                                                                                
1:50:28 PM                                                                                                                    
SENATOR SEEKINS asked  if a hunting camp for  a nonresident guide                                                               
could be considered a tourist accommodation.                                                                                    
                                                                                                                                
MS. RYAN replied according to the definition in statute - yes.                                                                  
                                                                                                                                
SENATOR  SEEKINS  asked if  the  department  would have  to  post                                                               
regulations.                                                                                                                    
                                                                                                                                
MS.  RYAN replied  that  a  sanitation permit  would  have to  be                                                               
posted if this passed.                                                                                                          
                                                                                                                                
SENATOR  SEEKINS  asked  if those  permits  were  required  under                                                               
current law.                                                                                                                    
                                                                                                                                
MS. RYAN replied correct.                                                                                                       
                                                                                                                                
SENATOR SEEKINS asked if they have to be posted.                                                                                
                                                                                                                                
MS.  RYAN replied  that posting  requirements vary.  For example,                                                               
the food safety permit is required  to be posted in an area where                                                               
it  can be  seen, but  for drinking  water, wastewater  and solid                                                               
waste posting is not required.                                                                                                  
                                                                                                                                
SENATOR SEEKINS  asked if people  are on  a guided hike  and they                                                               
backpack into an area with tents  and sleeping bags, what kind of                                                               
permits would they have to have.                                                                                                
                                                                                                                                
MS. RYAN  replied that  those were  timely questions  because the                                                               
department has  just completed  a camp  permit, which  people can                                                               
apply for  if they are in  those situations. She said  the permit                                                               
was achieved  through a consensus  process with  hunting, fishing                                                               
and   ecotourism   guides.   People  are   exempt   from   permit                                                               
requirements if they  are out for 14 days or  less and consist of                                                               
24 people or less.                                                                                                              
                                                                                                                                
1:52:51 PM                                                                                                                    
SENATOR SEEKINS asked what constitutes a tourist.                                                                               
                                                                                                                                
MS. RYAN replied  that the definition of  these accommodations is                                                               
quite broad and it doesn't have to be a paying customer.                                                                        
                                                                                                                                
SENATOR  SEEKINS asked  if  he would  need a  permit  if he  were                                                               
traveling with his cousin who is not a resident.                                                                                
                                                                                                                                
MS. RYAN  replied if  the party he  was traveling  with including                                                               
his  cousin exceeded  25 people,  he  would need  a camp  permit.                                                               
Quantity  is  the  issue  and   the  number  of  people  who  are                                                               
generating waste.                                                                                                               
                                                                                                                                
1:54:41 PM                                                                                                                    
SENATOR  SEEKINS  moved to  report  HB  389 from  committee  with                                                               
individual  recommendations and  attached  fiscal note.  Senators                                                               
Ben Stevens, Ellis, Davis, Seekins  and Chair Bunde voted yea; so                                                               
HB 389 moved from committee.