Legislature(1995 - 1996)
02/13/1995 01:35 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 102
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"An Act extending the termination date of the Big Game
Commercial Services Board."
JEFF LOGAN, STAFF, HOUSE RESOURCES COMMITTEE testified in
support of HB 102. He observed that HB 102 extends the Big
Game Commercial Services Board whose duties are set forth in
AS 08.54.300 - 330. He noted that the Board replaced the
Big Game Guide Board as a result of legislation passed in
1989 (HB 112). The Board is the product of the Legislative
Task Force on Guiding and Game which was commissioned to
resolve conflicts between guides and outfitters. The Board
is mandated to terminate its operation one year after its
sunset date. He explained that unless the Legislature
passes HB 102 this session the Board will be terminated.
REPRESENTATIVE SCOTT OGAN testified in support of HB 102.
He noted that he served two years on the Big Game Commercial
Services Board. He noted that the Alaska Supreme Court
determined that exclusive use of guide use areas is
unconstitutional under the Common Use Clause. Statutes
implemented by the Board restrict guides to three Guide Use
Areas. Any guide can register for any area for a period of
five years. At the end of five years the guide can re-
register into another area. He asserted that the lack of
control and chaos that would result from the Board's
termination would be detrimental to the industry.
Representative Mulder asked why the Board was not extended
beyond one year during the last legislative session.
Representative Ogan did not know.
Representative Martin asked if the statutes pertaining to
the Board's powers or duties were repealed. Representative
Ogan replied that the statutes were not changed.
Representative Ogan emphasized that the Board takes in more
than it costs to run. He added that the Board plans to
lower fees. He stressed that the Board pursues violators.
Representative Martin expressed concern that fees might be
lowered. He questioned the benefit, to the State, of
harvesting the resource. Representative Ogan clarified that
the license fee would be lowered. Out-of-state tag fees are
not controlled by the Board.
NEIL WEBSTER, GUIDE testified via the teleconference network
from Anchorage. He testified that the changes implemented
by the Board have allowed him to become involved in the
guide industry. He spoke in support of retention of the
Board. He maintained that the Board has been a gain for the
overall industry. He noted that the current regulation
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allows him to know what guides are using the areas adjacent
to the Guide Use Area he is operating in.
In response to a question by Representative Kohring, Mr.
Logan explained that the revenue fluctuations indicated in
the fiscal note reflect a two year licensing renewal of some
licenses.
KARL LUCK, DIRECTOR, OCCUPATIONAL LICENSING, DEPARTMENT OF
COMMERCE AND ECONOMIC DEVELOPMENT clarified that funding was
not reduced for the Board in FY 95. He stressed that the
Board's responsibilities have not been reduced. Funding for
the Board was included in the FY 96 proposed budget. He
further clarified that revenue reflected in the fiscal note
is all general fund program receipts. The fiscal note
reflects that there are greater program receipts in years
that the two year licenses are renewed. The program
receipts are added over the two year period and then divided
in half to derive the Board's yearly budget. He noted that
there is a $10.0 thousand dollar increase in FY 97 to
accomplish a new statutory mandate.
Representative Brown asked if AS 08.54310 (b)(1) is
constitutional. Mr. Luck acknowledged that the statute is
being challenged in Superior Court. Representative Navarre
assured her that the law will be found constitutional. He
emphasized, as a former member of the Legislative Task Force
on Guiding and Game, that the legislation was designed to
allow access.
Representative Therriault cautioned that the Board will be
asked to absorb the $10.0 thousand dollar increase from FY
96 to FY 97. He observed that there is also a $30.0
thousand dollar increase from FY 95 to FY 96. Mr. Luck
noted that the Board is required by statute to charge
licensing fees that are approximately equal to the cost of
regulating the Board. He emphasized that the amount needed
to run the Board depends on the number of licenses obtained.
Mr. Luck reviewed personal services costs. There is one
range 12 licensing examiner position which is dedicated
solely to the Board. One range 12 licensing examiner
position has some of its time dedicated to other boards.
Positive time keeping is used to allocate the cost of the
position to whichever board worked for at a particular time.
He added that services provided by the Hearing Officer Unit,
Investigative Unit, and any clerical support are also
charged through positive time keeping. There is one
investigator position which works solely on the Board's
investigations.
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(Tape Change, HFC 95-21, Side 1)
Representative Mulder MOVED to report HB 102 out of
Committee with individual recommendations and with the
accompanying fiscal note.
HB 102 was reported out of Committee with a "do pass"
recommendation and with a fiscal impact note by the
Department of Commerce and Economic Development, dated
2/8/95.
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