HB 266 - Eligibility For Guide-Outfitter Licenses (CHAIRMAN WILLIAMS noted for the record REPRESENTATIVE MULDER had joined the committee at 8:20 a.m.) Number 016 REPRESENTATIVE GAIL PHILLIPS, PRIME SPONSOR HB 266, read her sponsor statement. "This bill seeks to accomplish three things: Extend the Big Game Commercial Services (BGCS) Board's statutory authority to June 30, 1997; broaden the statute in one section to enable compliance with a court decision in Cobb v. State; and reenact and define the "Master Guide" license. This legislation is submitted on behalf of the Big Game Commercial Services Board as a result of their work and deliberations. "The first part of this bill is self-explanatory. The board has reached the end of it's tenure and currently is in it's sunset year which expires in June 1994. This important board governs a 100 million dollar a year industry. It received high marks on last year's legislative audit report and enjoys tremendous support and respect statewide. The second section of the bill deletes language on client recommendations required for obtaining a guide-outfitter license. This part of the current statute language is too narrow to adequately and fairly address some situations the board has come across. For example, the law states that an applicant for this license must have two recommendations per year for the most recent three years. If an applicant had become incapacitated during one of those years and could not guide, they would be ineligible regardless of the number of clients they had guided in previous years. Number 030 "Since the premise underlying the licensing criteria is historical experience, the board would like to see the minimum number of client recommendations changed from six to eight, and have the wherewithal to tailor the qualifying years to fit the situation. In order to respond to these situations in a timely fashion, it is desirable to have a board with the ability to set these requirements in regulations, where they can be fine tuned more quickly than having to go through the legislative process. The BGCS Board Chairman, Paul Johnson, is here today and can answer specific questions on the section." Number 045 REPRESENTATIVE PHILLIPS continued: "Section three of CSHB 266 details the changes needed to make the master guide classification fair and workable. Statutes enacted in 1989, grandfathered in some master guide licenses without provisions to accommodate future qualified candidates. While the state recognizes no substantive difference between the master guide and regular guide-outfitter license, the ability of those grandfathered in to advertise as master guides is unfair to those of equal experience who may only advertise as guide-outfitters. This bill lays out requirements for the master guide license, including primarily the minimum number of client recommendations, and minimum years of participation as a guide-outfitter, which are substantially above those requirements for a regular guide-outfitter license. "The House Labor and Commerce Committee heard this bill, and amended it to include the 1997 sunset date, and the new language in subsection 10 of section 2. The bill was passed out of that committee with three Do Pass, four No Recommendation, and zero do not pass votes. I strongly support HB 266. The continuation of this board is vital to the continued health of our big game resources, and the industry it serves." Number 063 PAUL JOHNSON, CHAIRMAN, BIG GAME COMMERCIAL SERVICES BOARD, stated problems in the guiding industry are being worked through and felt it is important to keep the board functioning. REPRESENTATIVE CON BUNDE asked if all guides will eventually be master guides, resulting in master guides losing their edge in advertising. MR. JOHNSON responded if someone had a clean bill of health for a period of years, showed that they respected the resources of the state and did not have any ethical problems with their clients, they were put in the category of master guide. In 1988, it was determined the master guide classification needed to be removed, which it was but grandfathered those already in the category. This caused a conflict in advertising. Number 085 REPRESENTATIVE BUNDE questioned how many master guides will be added in the next five years. MR. JOHNSON replied approximately 70. (CHAIRMAN WILLIAMS noted for the record that REPRESENTATIVES JAMES AND FINKELSTEIN had joined the committee at 8:20 a.m.) Number 096 REPRESENTATIVE PAT CARNEY noticed on line 19, page 2, the number eight replaced the number six and the language "and meets other requirements established by the board in regulation" was added, and asked Mr. Johnson what other requirements he would envision. MR. JOHNSON stated licensing is presently based on two recommendations per year from the most recent past three year period. HB 266 will allow additional recommendations, but the board will have the ability to determine the qualifying years. The bill will delete the requirement for a set number of recommendations per year over the most recent three year period. The qualifying years will be the other requirements. REPRESENTATIVE CARNEY expressed concern that the proposed language leaves it up to the board to decide what requirements will be established in future years. MR. JOHNSON responded there are other sections of current statutes with the same language and the board has historically been very reasonable. Number 115 REPRESENTATIVE BILL HUDSON agreed the language is somewhat standard. He felt the language creates a stronger standard for the master guide classification. KARL LUCK, DIRECTOR, DIVISION OF OCCUPATIONAL LICENSING, DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT expressed support of HB 266 and said he was available for questions. GERON BRUCE, ALASKA DEPARTMENT OF FISH AND GAME (ADF&G) expressed support of HB 266 and said the department had not developed a position on the bill, as the sponsor did not ask the department to do so. He stated ADF&G appreciates the work the BGCS board does and believes it is important that the board continues. REPRESENTATIVE JOHN DAVIES asked if the intent of the language "has been favorably recommended in writing by eight big game hunters" is to get recommendations from hunters who had been on eight separate different hunts. MR. JOHNSON replied that was correct. Number 151 REPRESENTATIVE HUDSON made a motion to MOVE CSHB 266(L&C) out of committee with INDIVIDUAL RECOMMENDATIONS. CHAIRMAN WILLIAMS asked if there were any objections. Hearing none, the motion PASSED.