Legislature(2005 - 2006)CAPITOL 106


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06:05:12 PM Start
06:05:35 PM HB389
06:14:56 PM HB416
06:40:47 PM Testimony on Proposed Committee Resolution - Alaska Association of Future Farmers of America
06:54:08 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
Moved Out of Committee
Moved CSHB 416(EDT) Out of Committee
HB 389-REGULATION OF TOURIST ACCOMMODATIONS                                                                                   
6:05:35 PM                                                                                                                    
CO-CHAIR NEUMAN announced that the  first order of business would                                                               
be   HOUSE  BILL   NO.   389,  "An   Act   relating  to   tourist                                                               
accommodations  permits and  to penalties  for failing  to comply                                                               
with  permitting   requirements;  removing  a   requirement  that                                                               
persons operating  tourist accommodations  post certain  laws and                                                               
regulations  on  the premises;  and  providing  for an  effective                                                               
6:06:32 PM                                                                                                                    
KAREN  LIDSTER,  Staff  to Representative  John  Coghill,  Alaska                                                               
State Legislature,  informed the  committee that  [HB 389]  is in                                                               
response  to  a  request  by   the  Department  of  Environmental                                                               
Conservation   (DEC)   to   repeal  legislation   regarding   the                                                               
permitting requirements  for tourist accommodations.   Currently,                                                               
[DEC]  doesn't enforce  the statute,  and tourist  accommodations                                                               
are regulated  by annual water  testing, health  inspectors, fuel                                                               
tank inspections, and the number of  toilets that have to be in a                                                               
[bathroom].   She added that  tourist accommodations  are heavily                                                               
regulated as public accommodations.                                                                                             
6:07:26 PM                                                                                                                    
MS. LIDSTER identified the sections  that will be repealed by [HB
389]:    AS 18.35.040,  which  relates  specifically to  [tourist                                                               
accommodation]   permits  that   DEC  no   longer  requires;   AS                                                               
18.35.050, which is the penalty  for noncompliance for the permit                                                               
requirement; and AS 44.64.030(a)(16),  with AS 44.64.030 relating                                                               
to  the adjudicatory  authority and  jurisdiction of  DEC and  AS                                                               
44.64.030(a)(16)  specifically relating  to AS  18.35.040 tourist                                                               
6:08:36 PM                                                                                                                    
REPRESENTATIVE  COGHILL requested  that  Ms.  Lidster inform  the                                                               
committee as  to what  [the State  of Alaska]  isn't going  to do                                                               
[when HB 389 is enacted].                                                                                                       
MS. LIDSTER  remarked that [the  State of Alaska] isn't  going to                                                               
require  a permit  for  tourist accommodations  [when  HB 389  is                                                               
6:09:41 PM                                                                                                                    
KRISTIN  RYAN,   Director,  Division  of   Environmental  Health,                                                               
Department  of Environmental  Conservation (DEC),  explained that                                                               
the  Food  Safety and  Sanitation  Program  regulates hotels  and                                                               
tourist accommodations through  18 AAC 30.  She  noted that these                                                               
regulations were  last drafted  in 1982 and  need to  be updated.                                                               
The [DEC] has not permitted tourist accommodations since 1982.                                                                  
6:10:21 PM                                                                                                                    
MS.   RYAN  informed   the  committee   that  [the   Division  of                                                               
Environmental Health]  conducts complaint investigations  as well                                                               
as inspections  if/when a  complaint arises.   She  remarked that                                                               
the  requirement of  permitting [tourist  accommodations] adds  a                                                               
layer  of paperwork  that isn't  helpful in  the mission  of [the                                                               
Division of  Environmental Health].   She added that the  risk of                                                               
[tourist accommodation  noncompliance] is extremely  low compared                                                               
to  other  facilities  that  [the   Food  Safety  and  Sanitation                                                               
Program]  inspects.   The  kitchens,  for  example, in  [tourist]                                                               
accommodations, are still inspected  and regulated under the Food                                                               
Safety Regulation.                                                                                                              
6:10:59 PM                                                                                                                    
MS.  RYAN   explained  that  tourist   accommodations  sanitation                                                               
statutes and  regulations address  the rooms  of the  facility to                                                               
ensure  that they  are  clean  and sanitary.    She informed  the                                                               
committee  that [HB  389] does  not remove  or eliminate  [DEC]'s                                                               
obligation to  set sanitary standards for  tourist accommodations                                                               
and [DEC]  will continue  to do  so.   However, [HB  389] removes                                                               
[DEC's]  requirement  to  permit,   post  the  permit,  and  fine                                                               
[tourist accommodations]  if/when a  permit is not  posted, which                                                               
[DEC] is currently not doing and hasn't done since 1982.                                                                        
6:11:37 PM                                                                                                                    
CO-CHAIR  NEUMAN  inquired  as  to  what  constitutes  a  tourist                                                               
MS.  RYAN  responded  that  [a  tourist  accommodation]  provides                                                               
lodging  for the  public for  a fee.   She  added that  a tourist                                                               
accommodation includes hotels, lodges, and  RV parks.  In further                                                               
response  to Co-Chair  Neuman, she  informed  the committee  that                                                               
[DEC] has  a special  permit for  camps and/or  transients that's                                                               
geared  toward guides  and hunters.   It's  an   all-encompassing                                                               
permit  that  includes  food, wastewater,  garbage  disposal  and                                                               
drinking  water  -  everything  that  DEC  regulates  to  varying                                                               
6:14:14 PM                                                                                                                    
CO-CHAIR  NEUMAN, upon  determining that  no one  else wished  to                                                               
testify, announced the closure of public testimony.                                                                             
6:14:23 PM                                                                                                                    
REPRESENTATIVE COGHILL  moved to report  HB 389 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection,  HB 389 was reported out of the                                                               
House  Special Committee  on Economic  Development, International                                                               
Trade and Tourism.                                                                                                              

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