Legislature(2011 - 2012)BELTZ 105 (TSBldg)

04/06/2012 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 229 BIG GAME COMMERCIAL SERVICES BOARD TELECONFERENCED
Heard & Held
+ HB 274 UNFAIR TRADE PRACTICES TELECONFERENCED
Heard & Held
+= SB 224 EVIDENCE RULES: UNION/EMPLOYEE PRIVILEGE TELECONFERENCED
Moved CSSB 224(JUD) Out of Committee
+= SB 134 CHILD SUPPORT AWARDS TELECONFERENCED
Moved CSSB 134(JUD) Out of Committee
+ Bills Previously Heard/Scheduled 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