SB 29-BIG GAME COMMERCIAL SERVICES BOARD  3:31:41 PM CHAIR GIESSEL announced the consideration of SENATE BILL NO. 29 "An Act relating to an executive administrator for the Big Game Commercial Services Board." 3:32:13 PM SENATOR JESSE BJORKMAN, District D, Alaska State Legislature, Juneau, Alaska paraphrased the sponsor statement for SB 29, version A: [Original punctuation provided.] SB 29 Big Game Commercial Services Board  Version A Sponsor Statement Senate Bill 29 secures the executive administrator position to the Big Game Commercial Services Board in statute. This position is paid for by guide licensing fees and has been requested by the Big Game Commercial Services Board to make their work more efficient and cost effective. Guiding has many complex regulations. Designating a temporary position to concentrate on licensing functions, examinations and investigations is current practice and it is working well. Securing this position in statute adds assurance to the continuation of this effective process. The Big Game Commercial Services Board plays an important role in the management of commercial game hunters in the interest of the State's wildlife resources. They fulfill this role by managing all hunting guide licensing functions, administering board meetings, assisting the board with maintaining and writing 29 written and practical exams, generating reports, and assisting Department of Commerce Community and Economic Development's Investigative Services and Department of Public Safety in game investigations. New licensing examiners require extensive training, and with board members only serving 4 years, it seems like they depart as soon as they are up to speed. This has led to administrative errors that were highlighted in the recent audit of the Board. The Board was previously sharing an executive administrator with the Board of Marine Pilots to help address the workload. While this helped, the two boards were too complex. As a result, a temporary position was created in the FY24 and FY25 budgets to add this executive administrator using Designated General Funds paid for by guide licensing fees. This bill would continue using the same funding source and codify this position and its range into statute. Please contact Savaya (465-2615) with any questions or comments related to this bill. SENATOR BJORKMAN said Mike Flores, current vice chair of the Big Game Commercial Services Board, and Jason Bunch, the previous Big Game Commercial Services Board chair were available online to answer questions. 3:34:32 PM SAVAYA BIEBER, Staff, Senator Jesse Bjorkman, Alaska State Legislature, Juneau, Alaska, provided the sectional analysis for SB 29, version A: [Original punctuation provided.] SB 29 Big Game Commercial Services Board Version A  Sectional Analysis Section 1: Amends AS 08.54.591 by adding a new subsection that would require the department employ an executive administrator to support the Big Game Commercial Services Board. Section 2: Amends AS 08.54.600(a) to require the board to establish the qualifications and duties of the board's executive administrator. Section 3: Amends AS 39.25.120(c) by adding the principle executive administrator for the board to the list of employees in the partially exempt service. 3:35:22 PM SENATOR DUNBAR noted that similar legislation was introduced during past sessions. He asked whether there were significant changes to this version. 3:35:33 PM SENATOR BJORKMAN said SB 29 was identical to the bill introduced [in 2024]. 3:35:42 PM SENATOR KAWASAKI noted the 2023 audit report did not call for a board administrator. He asked what justified the position. 3:36:05 PM SENATOR BJORKMAN said the [Big Game Commercial Services] Board requested the position. The position was also recommended by the Department of Commerce, Community and Economic Development (DCCED) to assist the board in its work and accuracy. He suggested that Director Robb, DCCED Division of Corporations, Business and Professional Licensing could better explain. 3:36:32 PM SENATOR KAWASAKI noted that in its 2023 audit report [page 9], the board concluded that [license] fees would be lowered because of the budget surplus of over $850,000 with the goal of reaching net zero for the board's operations. He asked for board members comments. 3:37:06 PM CHAIR GIESSEL affirmed the concept of an executive director considering the complex issues dealt with by the board. She referred to page 10 of the audit report and noted that the [Big Game Commercial Services] Board concluded [the $850,000 surplus] would be adequate to support an executive director. 3:38:12 PM SENATOR BJORKMAN deferred the question to the [Big Game Commercial Services] Board to ascertain the boards intent. He noted that the money the guide board requested to spend [for an administrator] came from administrative fees. He said the board had a high desire to perform their licensing functions accurately. Guides must demonstrate extensive knowledge of Alaska Department of Fish and Game (ADF&G) regulations, as well as other specific expertise. He said a dedicated staff person to assist the board with their licensing function was the board's desire. 3:39:05 PM SENATOR CLAMAN noted that despite constitutional provisions about no dedicated funds, this was a dedicated fund. 3:39:29 PM SENATOR BJORKMAN argued that the funds were not dedicated, rather they were designated. He said the money was from license fees paid by guides to regulate their industry and their licenses. 3:39:45 PM SENATOR CLAMAN clarified that this was not a pre-statehood fish and game licensing fee that could be dedicated, but because it came up after statehood, could be designated, but not dedicated. 3:39:59 PM SENATOR BJORKMAN concurred. SENATOR CLAMAN explained that it was his intent to be sure the legislators were in agreement [about the nature of the fees] because it can be confusing. 3:40:13 PM CHAIR GIESSEL clarified further that this was not a Fish and Game fee, but was a licensing fee, paid by the licensee. She compared it to fees paid by medical professionals to the boards that regulate those professions. She reiterated that it was not a [Alaska Department of] Fish and Game (ADF&G) fee. 3:40:44 PM SENATOR CLAMAN also further clarified that these fees were distinct from the fees that would be paid to get a hunting license. He said a hunting license was a dedicated fee and these fees were unrelated. 3:41:09 PM CHAIR GIESSEL said a fee to hunt a bear was paid to ADF&G; the fees paid to a board to regulate the guides was completely different. CHAIR GIESSEL announced invited testimony on SB 29. 3:41:54 PM JASON BUNCH, representing self, Kodiak, Alaska testified by invitation on SB 29. He introduced himself as a former member of the Big Game Commercial Services Board, serving from 2018 to 2024, with the last three years as board chair. MR. BUNCH testified about the need for an Executive Administrator (EA) position to improve the efficiency of the Big Game Commercial Services Board's licensing program. He highlighted the identification of efficiency errors in the administration of the licensing program six years ago and described the efforts of the board to improve communication with Department of Commerce, Community and Economic Development (DCCED) licensing examiners. He noted the high turnover rate of the licensing examiners and said the administrative burden for the board was too high. A shared EA position with the Board of Marine Pilots was a temporary solution, but the two boards' needs often conflicted. Bunch noted that licensees were willing to fund the EA if it ensured better administration, but the board could not afford the position without raising fees. 3:45:04 PM SENATOR MYERS asked whether there were any ideas to encourage board members to serve longer than one four-year term. 3:45:25 PM MR. BUNCH noted that he served part of a term when a former board member vacated their position and then a full term. Recent public members have all served two terms and the guide member is beginning his second term. Retaining members has improved, and members learn a lot and often find they enjoy serving; but finding new board members is a challenge. He highlighted the importance of finding new members who have a passion for wildlife and understand the value guiding brings to the state of Alaska. 3:48:06 PM MIKE FLORES, Co-Chair, Big Game Commercial Services Board, Soldotna, Alaska, testified by invitation on SB 29. He emphasized the importance of Senate Bill 29 for the long-term stability of the Big Game Commercial Services Board, highlighting the complexity of the executive director's role and the time required to become effective. He said the board faced a high workload, managing over 20 people on probation, more than 50 open cases, and a significant number of new guides needing testing. Additionally, he noted numerous regulatory proposals in process. MR. FLOERS concluded that SB 29 would support the long-term stability and health of the board by providing leadership support equipped to meet the board's complexity. 3:50:04 PM CHAIR GIESSEL noted that the audit review only extended the board for six years, two years less than the eight year statutory maximum. The review concluded that board licenses were not consistently supported by adequate documentation, and two private landowner board seats were vacant or had absences for extended periods. She said the commissioner's response to the audit was to recommend the board consider whether two private landowner board seats continue to be necessary for effective regulation. She asked for the board position on that recommendation. 3:51:02 PM MR. FLORES said the board considered possible options and concluded that more participation was better. He said finding people to fill board positions was difficult and it was preferable to fill the positions with guides or transporters or public members if it was not possible to fill them with landowners over leaving the positions vacant. 3:51:52 PM CHAIR GIESSEL concluded invited testimony on SB 29. 3:52:00 PM SENATOR HUGHES referred to the 2023 audit report and noted that the Big Game Commercial Services Board oversaw 1,438 active licenses, had 409 open cases and met about five times annually. She asked whether this workload was typical for boards with executive directors and asked that it be compared to other boards. 3:53:05 PM SENATOR BJORKMAN noted Director Robb was available to answer questions relating to boards. 3:53:35 PM SYLVAN ROBB, Director, Division of Corporations, Business and Professional Licensing, Department of Commerce, Community, and Economic Development, Juneau, Alaska, answered that there were six comparable boards with executive directors including the Big Game Commercial Services Board. She said the number of licensees varied among these boards, but complexity and workload were significant factors. She noted that Big Game Commercial Services Board included 26 guide management unit exams and three exams for registered guide outfitters as well as jurisprudence exams for transporters and class A guides, indicating the extensive work involved in the program. MS. ROBB said the Board of Nursing was not a good comparison due to its large size, with 32,000 licensees. Boards with similar numbers of licensees and executive administrators included the Board of Public Accountancy. MS. ROBB provided an update on the rapid growth of the guiding profession, noting that the number of licensees increased from the audit period to the end of fiscal year 2024 to 1,746 licensees. 3:55:28 PM SENATOR HUGHES emphasized the significant growth. She wondered why the governor did not bring forth the bill and asked whether the executive branch supported it. 3:56:05 PM MS. ROBB said the bill, the Executive Director (ED) position and the funding for it were supported by the Department of Commerce, Community and Economic Development (DCCED) for the fiscal year 2024 budget. She said the position was created as a temporary, exempt position and was currently filled. She could not speak to the position of the governor on SB 29. 3:56:36 PM SENATOR HUGHES referred to the audit and the 2023 reduction of fees. She asked whether the fees would go back up to create the Executive Order position. 3:57:18 PM MS. ROBB affirmed that the fees were reduced. She referred to AS 08.01.065, which mandates setting fees to cover the cost of regulating the profession. She acknowledged uncertainty in predicting the number of new licensees and renewals, which, she said, affects the fee-setting process. She said the goal was not to achieve a zero surplus, as investigations are an inherent part of the fee-setting equation and investigation costs are unpredictable, including expensive cases that reached the state Supreme Court. 3:58:44 PM SENATOR KAWASAKI expressed surprise that only six boards had executive directors and asked which boards they were. 3:59:10 PM MS. ROBB answered: • the State Medical Board • the Board of Nursing • the Board of Pharmacy • Board of Registration for Architects, Engineers and Land Surveyors • the Board of Public Accountancy • the Real Estate Commission • the Board of Marine Pilots (Marine Pilot Coordinator) 3:59:37 PM SENATOR KAWASAKI asked how other boards manage administrative functions without executive directors. 4:00:00 PM MS. ROBB said DCCED oversaw 21 regulatory boards. She said the Board of Nursing, for instance, had a team of 13 to manage 32,000 licensees. Smaller boards had fewer members, making coordination easier. The complexity of licensing work varied, with some boards requiring more frequent interaction with licensees. She emphasized that the Big Game Commercial Services Board had many documents, and it required licensees to submit hunt reports after every hunt and activity reports after each transport. She said the frequent interaction with licensees generated a significant amount of work. 4:01:57 PM SENATOR CLAMAN emphasized the number of active licensees and noted the 20 percent plus increase over 2023. He asked whether there was an explanation for the increase and if it indicated a trend that was expected to continue. 4:02:27 PM MS. ROBB said there were a number of professions for which DCCED had seen increases. She deferred to the board members for possible industry-related explanations. 4:02:51 PM SENATOR CLAMAN affirmed his interest, noting that other areas of the economy were not demonstrating increases. 4:03:10 PM MS. ROBB offered to follow up with answers for the committee. 4:03:29 PM CHAIR GIESSEL noted there was no fiscal note with the documents for SB 29. She asked whether DCCED had a fiscal note for SB 29. 4:04:13 PM MS. ROBB said there was a fiscal note for $194,800 for the executive director position. She clarified that the fiscal note reflected an increase of about $54,000 per year. 4:04:41 PM CHAIR GIESSEL said the fiscal note Ms. Robb referred to was for SB 248 and so would not coincide to SB 29. She anticipated a new fiscal note for SB 29. 4:04:56 PM CHAIR GIESSEL applauded the Big Game Commercial Services Board for overcoming a $1 million deficit over the past ten or twelve years. 4:05:47 PM SENATOR BJORKMAN expressed gratitude for the opportunity to present SB 29. He reiterated that SB 29 was supported by the guides who were willing to fund it through their licensing fees. He said the goal of SB 29 was to ensure that Alaska's Big Game Guides can provide safe, enjoyable and successful hunting experiences. 4:06:46 PM CHAIR GIESSEL held SB 29 in committee.