Legislature(2011 - 2012)CAPITOL 120
03/02/2012 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB229 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 229 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 229 - BIG GAME COMMERCIAL SERVICES BOARD
1:05:41 PM
VICE CHAIR THOMPSON announced that the only order of business
would be HOUSE BILL NO. 229, "An Act relating to activities,
including violations and penalties, under the supervision of the
Big Game Commercial Services Board." [Before the committee was
CSHB 229(RES).]
The committee took an at-ease from 1:06 p.m. to 1:09 p.m.
1:09:02 PM
MICHAEL PASCHALL, Staff, Representative Eric Feige, Alaska State
Legislature, on behalf of the sponsor, Representative Feige,
explained that HB 229 was developed at the request of the Big
Game Commercial Services Board ("the Board"), and is intended to
address problems the Board has found with the statutes
pertaining to licensure of big-game guides. Section 1 of HB 229
would provide the Board with the authority to promulgate
necessary regulations - not just statutorily-required
regulations - for big-game guides, thereby addressing a concern
that existing statute doesn't already provide that authority.
Section 2 would establish licensure for retired master guide-
outfitters, specifying, however, that any such licensees may not
then guide or outfit under such licenses. Section 3 would
specify that a registered guide-outfitter may be employed by
another registered guide-outfitter to provide the services of a
class-A assistant guide in any game management unit.
MR. PASCHALL explained that Section 4 would specify that a
registered guide-outfitter who contracts for a guided hunt shall
be in the field supervising, participating in, and conducting
the hunt, unless [the board adopts regulations that would allow]
his/her employed [registered guide-outfitter or] class-A
assistant guide to conduct that hunt. Section 5 would authorize
the Board to suspend or revoke licensure of those found to be
engaged in conduct involving unprofessionalism, moral turpitude,
or gross immorality; this provision was included at the request
of the Board because currently it has no disciplinary authority
over its licensees.
REPRESENTATIVE GRUENBERG questioned whether the terms,
"unprofessionalism", "moral turpitude", and "gross immorality"
as used in Section 5 were defined.
MR. PASCHALL declined to speculate. Continuing on with his
explanation of HB 229, he indicated that Section 6 would make
the suspension of a license for violating [AS 08.54.720(a)(8)]
discretionary - currently such suspension is mandatory; [AS
08.54.720(a)(8) specifies that it's unlawful to knowingly
commit, knowingly aid in the commission of, or knowingly permit
the commission of a violation of AS 08.54, of regulations
adopted under AS 08.54, or of state/federal wildlife/game
statutes/regulations]. Section 7 would authorize the department
to collect fees related to Section 2's proposed new retired-
status master guide-outfitter license. Section 8 would specify
that as used in AS 08.54, the phrase, "any class of guide
license" does not include a retired-status master guide-
outfitter license, and that the term, "licensee" does not mean a
holder of such a license. Mr. Paschall offered his
understanding that Section 8 would ensure that such licensees do
not actually guide.
MR. PASCHALL, in response to a question, indicated that the
sponsor is amenable to forthcoming amendments included in
members' packets.
1:20:08 PM
PAUL E. JOHNSON, Chair, Big Game Commercial Services Board,
Department of Commerce, Community & Economic Development (DCCED)
- after mentioning that he is licensed as a registered guide-
outfitter, and providing information about the Board's current
makeup - stated that he is very much in support of HB 229, which
is intended to alleviate problems the Board has encountered with
current statute. He offered his understanding that the statutes
pertaining to most other boards already include a provision
similar to that being proposed by Section 5 regarding conduct
involving unprofessionalism, moral turpitude, or gross
immorality; and that several other boards provide for retired-
status licenses. In response to a question, he indicated that
the change proposed by Section 6 is necessary to address a
problem.
1:25:07 PM
KEVEN SAXBY, Senior Assistant Attorney General, Natural
Resources Section, Civil Division (Anchorage), Department of Law
(DOL), in response to questions - after mentioning that he
provides legal advice to the Big Game Commercial Services Board
- explained that should Section 5 of HB 229 become law, it might
be necessary for the Board to promulgate regulations defining
the terms, "unprofessionalism", "moral turpitude", and "gross
immorality" as used therein; that the Board already has the
statutory authority to promulgate such regulations; and that
those term are common to other statutes regulating professional
licensees, and thus there is probably case law on point.
1:32:57 PM
ALPHEUS BULLARD, Attorney, Legislative Legal Counsel,
Legislative Legal and Research Services, Legislative Affairs
Agency (LAA), acknowledging that those terms aren't currently
defined in either the statutes or the regulations pertaining to
[big-game guides and related occupations], opined that such a
lack won't impede the Board in adopting definitions for those
terms, additionally surmising that any such existing regulatory
definitions related to other professions probably aren't
applicable to the Big Game Commercial Services Board.
MR. SAXBY, in response to another question, assured the
committee that the DOL would be able to defend Section 5 should
it engender litigation.
1:38:21 PM
WAYNE KUBAT, after mentioning that he is licensed as a
registered master guide/outfitter, said he supports HB 229, but
has not yet had time to review all of the changes incorporated
into CSHB 229(RES). Of primary concern to him, he relayed, is
that industry be able to understand what's required of it, but
current statutory language makes doing so difficult.
VICE CHAIR THOMPSON ascertained that no one else wished to
testify, and noted that members' packets contain several
possible amendments.
1:41:38 PM
REPRESENTATIVE HOLMES made a motion to adopt Amendment 1,
labeled 27-LS0764\D.3, Bullard, 3/1/12, which read:
Page 1, lines 3 - 4:
Delete "master guide-outfitter license"
Insert "license for certain retired guides and
outfitters"
Page 2, lines 3 - 12:
Delete all material and insert:
"Sec. 08.54.608. Retired status license. (a) On
retiring from guiding or outfitting, or both, and on
payment of an appropriate one-time fee, an individual
who has held a license issued under AS 08.54.610,
08.54.620, or 08.54.630 that has not been suspended or
revoked under AS 08.54.710 may apply for a retired
status license. The retired status license shall
indicate whether the individual was licensed as a
master guide-outfitter, registered guide-outfitter,
class-A assistant guide, or assistant guide. An
individual holding a retired status license may not
guide, outfit, or take charge of a camp in the state
under the retired status license. A retired status
license is valid for the life of the license holder
and does not require renewal.
(b) An individual with a retired status license
issued under (a) of this section may apply for a new
registered guide-outfitter license under AS 08.54.610,
a new class-A assistant guide license under
AS 08.54.620, or a new assistant guide license under
AS 08.54.630."
Page 3, line 28:
Delete "master guide-outfitter"
Page 4, line 1:
Delete "master guide-outfitter license"
Insert "license issued under AS 08.54.608"
Page 4, line 3:
Delete "master guide-outfitter"
VICE CHAIR THOMPSON objected for the purpose of discussion.
REPRESENTATIVE HOLMES explained that Amendment 1 would alter
Section 2 of the bill so as to provide retired-status licenses
for all levels of guide and guide-outfitter.
VICE CHAIR THOMPSON closed public testimony on HB 229.
VICE CHAIR THOMPSON removed his objection, and, upon
ascertaining that there were no further objections, announced
that Amendment 1 was adopted.
VICE CHAIR THOMPSON observed that Amendment 2, labeled 27-
LS0764\D.5, Bullard, 3/2/12, proposes a similar change to
Section 2 of HB 229; Amendment 2 read:
Page 1, line 3:
Delete "master"
Page 2, lines 3 - 12:
Delete all material and insert:
"Sec. 08.54.608. Retired status license. (a) On
retiring from guiding or outfitting, or both, and on
payment of an appropriate one-time fee, an individual
who has held a license issued under AS 08.54.610 that
has not been suspended or revoked under AS 08.54.710
may apply for a retired status license. The retired
status license shall indicate whether the individual
was licensed as a master guide-outfitter or as a
registered guide-outfitter. An individual holding a
retired status license may not guide or outfit in the
state under the retired status license. A retired
status license is valid for the life of the license
holder and does not require renewal.
(b) An individual with a retired status license
issued under (a) of this section may apply for a new
registered guide-outfitter license under
AS 08.54.610."
Page 3, line 28:
Delete "master guide-outfitter"
Page 4, line 1:
Delete "master guide-outfitter license"
Insert "license issued under AS 08.54.608"
Page 4, line 3:
Delete "master guide-outfitter"
REPRESENTATIVE KELLER explained that he would not be offering
Amendment 2 because Amendment 1 had already been adopted.
1:43:17 PM
REPRESENTATIVE HOLMES made a motion to adopt Amendment 3,
labeled 27-LS0764\D.2, which read:
Page 2, line 16:
Delete "a class-A"
Insert "[sic]
(1) a class-A assistant guide in a game
management unit if the registered guide-outfitter
providing the services of a class-A assistant guide is
able to demonstrate, to the satisfaction of the board,
adequate knowledge of and experience in the game
management unit; and
(2) an"
VICE CHAIR THOMPSON objected for the purpose of discussion.
REPRESENTATIVE HOLMES explained that Amendment 3 would alter
Section 3 of the bill so as to specify that a [registered guide-
outfitter] may be employed by another registered guide-outfitter
to provide the services of a class-A assistant guide in a game
management unit that he/she has demonstrably-adequate knowledge
of and experience in, [or to provide the services of an
assistant guide in any game management unit]; specifically,
under Amendment 3, in order to serve as a class-A assistant
guide, the employed [registered guide-outfitter] would be
required to demonstrate his/her adequate knowledge and
experience to the Board's satisfaction. She offered her
understanding that Amendment 3 is intended to provide the Board
with broad discretion to determine what constitutes adequate
knowledge and experience.
MR. JOHNSON indicated that the Board would be amenable to the
change proposed by Amendment 3.
VICE CHAIR THOMPSON removed his objection to the adoption of
Amendment 3, and noted that there were no further objections.
[Although nothing further was stated, the committee treated
Amendment 3 as having been adopted.]
1:45:33 PM
REPRESENTATIVE HOLMES made a motion to adopt Amendment 4,
labeled 27-LS0764\D.4, Bullard, 3/1/12, which read:
Page 2, lines 20 - 28:
Delete all material and insert:
"* Sec. 4. AS 08.54.610(e) is amended to read:
(e) A registered guide-outfitter who contracts for a
guided hunt shall be
[(1) PHYSICALLY PRESENT IN THE FIELD WITH THE
CLIENT AT LEAST ONCE DURING THE CONTRACTED HUNT; AND
(2)] in the field supervising and participating
in the contracted hunt. The contracting registered guide-
outfitter shall also conduct the hunt, unless the hunt,
under regulations adopted by the board, is being conducted
by a class-A assistant guide or a registered guide-
outfitter employed by the contracting registered guide-
outfitter."
VICE CHAIR THOMPSON objected for the purpose of discussion.
REPRESENTATIVE HOLMES first made a motion to amend Amendment 4
such that the word, "primarily" would be added after the words,
"shall be" and before the retained words, "in the field". There
being no objection, Amendment 4 was so amended.
REPRESENTATIVE HOLMES then ventured that Amendment 4, as
amended, would provide clarifying language for Section 4 of the
bill, specifically with regard to what the referenced
regulations adopted by the board shall pertain to. She added
that the amendment to Amendment 4 addresses situations in which
the [contracting registered guide-outfitter] must temporarily
absent himself/herself from the field.
MR. JOHNSON concurred that Amendment 4, as amended, would
provide clarity. He indicated, though, that the Board would
need time to promulgate Section 4's referenced regulations.
REPRESENTATIVE HOLMES offered her understanding that an
amendment would be forthcoming to address that issue.
VICE CHAIR THOMPSON removed his objection, ascertained that
there were no further objections, and announced that
Amendment 4, as amended, was adopted.
1:48:54 PM
VICE CHAIR THOMPSON made a motion to adopt Conceptual
Amendment 5, to provide - by adding a Section 9 to CSHB 229(RES)
- an effective date of April 1, 2013.
REPRESENTATIVE HOLMES objected for the purpose of discussion,
and asked whether the proposed effective date would apply to the
entire bill or just to a specific section of the bill.
VICE CHAIR THOMPSON said he assumes it would apply to the entire
bill. He questioned whether that would create a problem.
MR. JOHNSON said it wouldn't create a problem, but he would
prefer that [such a delayed effective date] not apply to the
entire bill.
The committee took an at-ease from 1:50 p.m. to 1:52 p.m.
REPRESENTATIVE HOLMES removed her objection to the motion.
VICE CHAIR THOMPSON withdrew Conceptual Amendment 5.
1:53:01 PM
VICE CHAIR THOMPSON made a motion to adopt Conceptual
Amendment 6, to provide - by adding a Section 9 and a Section 10
to CSHB 229(RES) - an effective date of April 1, 2013, for
Sections 3, 4, and 5, and an immediate effective date for all
other sections of HB 229, respectively.
REPRESENTATIVE HOLMES objected for the purpose of discussion.
MR. JOHNSON characterized Conceptual Amendment 6 as workable and
helpful.
REPRESENTATIVE HOLMES removed her objection.
REPRESENTATIVE GRUENBERG noted that an amendment in members'
packets labeled 27-LS0764\D.1, Bullard, 2/29/12, provides for a
similar change and includes language conforming the title; that
amendment read:
Page 1, line 3:
Delete "and"
Page 1, line 4, following "license":
Insert "; and providing for an effective date"
Page 4, following line 3:
Insert new bill sections to read:
"* Sec. 9. Section 4 of this Act takes effect
July 1, 2013.
* Sec. 10. Except as provided in sec. 9 of this
Act, this Act takes effect immediately under
AS 01.10.070(c)."
REPRESENTATIVE HOLMES remarked that Conceptual Amendment 6
should also make conforming changes to the title.
VICE CHAIR THOMPSON acknowledged that point.
REPRESENTATIVE HOLMES again removed her objection.
VICE CHAIR THOMPSON ascertained that there were no further
objections to the motion, and announced that Conceptual
Amendment 6 was adopted.
MR. PASCHALL, in response to a question, reiterated that the
sponsor is amenable to the amendments.
REPRESENTATIVE HOLMES and KELLER characterized HB 299 as a good
bill.
1:56:24 PM
REPRESENTATIVE KELLER moved to report CSHB 229(RES), as amended,
out of committee with individual recommendations and the
accompanying zero fiscal note. There being no objection,
CSHB 229(JUD) was reported from the House Judiciary Standing
Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 229B CSHB(RES).pdf |
HJUD 3/2/2012 1:00:00 PM |
HB 229 |
| HB 229B Ver D CSHB(RES) Amendment D1.pdf |
HJUD 3/2/2012 1:00:00 PM |
HB 229 |
| 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 |
| HB0229A.pdf |
HJUD 3/2/2012 1:00:00 PM HRES 4/8/2011 1:00:00 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 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 Sectional.pdf |
HJUD 3/2/2012 1:00:00 PM HRES 2/15/2012 1:00:00 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 |
| Big Game Commercial Services Board 2012 Roster.pdf |
HJUD 3/2/2012 1:00:00 PM |
|
| HB 229 BGCSB Johnson.pdf |
HJUD 3/2/2012 1:00:00 PM |
HB 229 |
| HB 229 e-mail Comments Combined.pdf |
HJUD 3/2/2012 1:00:00 PM |
HB 229 |
| HB 229 Amendment D.3.pdf |
HJUD 3/2/2012 1:00:00 PM |
HB 229 |
| HB 229 Amendment D.2.pdf |
HJUD 3/2/2012 1:00:00 PM |
HB 229 |
| HB 229 Amendment D.4.pdf |
HJUD 3/2/2012 1:00:00 PM |
HB 229 |
| CSHB 229(RES)b amend D 5.pdf |
HJUD 3/2/2012 1:00:00 PM |
HB 229 |