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.