SB 190-DELEGATION OF GUIDE-OUTFITTER DUTIES  2:33:47 PM CHAIR DUNLEAVY announced the consideration of SB 190. "An Act permitting certain persons who are not licensed by the Big Game Commercial Services Board to provide or assist in providing certain guide services." He noted that this was the first hearing and there was a new committee substitute (CS). 2:34:02 PM SENATOR MICCICHE moved to adopt CS for SB 190, labeled 28- LS1466\U, as the working document. CHAIR DUNLEAVY objected for discussion purposes. 2:34:23 PM GARY ZEPP, Staff, Senator Charlie Huggins, reviewed the following changes between Version A and Version U: [Original punctuation provided.] Section 1 (a), page 1, lines 5-9: · Lines 5-7, the verbiage was reworded and lines 8 and 9 were deleted because this is already included in AS 08.54.790 (9)(c) 'Definitions" section. Section 1(b), page 1, lines 10-14 & continuing on page 2, lines 1-2, the verbiage was reworded to insure the legislation wasn't allowing unlicensed personnel more authority than the licensed personnel. CHAIR DUNLEAVY removed his objection. Finding no further objection, Version U was adopted. 2:36:24 PM MR. ZEPP introduced SB 190 speaking to the following sponsor statement and sectional summary: [Original punctuation provided.] Senate Bill 190, version U, authorizes a Registered Guide-Outfitter to delegate certain duties to unlicensed personnel, as long as a licensed registered guide-outfitter or class A assistant guide is physically present for certain delegated duties. In addition, it authorizes unlicensed personnel to be compensated for carrying out those delegated duties. Current Alaska statutes (AS 08.54) prohibit these activities. Example 1: A registered guide out-fitter cannot hire unlicensed personnel to pack meat from the field and receive compensation. As you can imagine, it is difficult to find personnel to work for free! This legislation would allow unlicensed personnel, including local residents, to be hired and compensated for packing meat from the field without having to obtain a license. Example 2: A registered guide-outfitter or a class A assistant guide cannot delegate guide services, for training purposes, to unlicensed personnel to perform certain tasks while either a registered guide- outfitter or class A assistant guide is physically present. Note: The class A assistant guide must be: · Employed by and under the supervision of the registered guide-outfitter who contracted for the big game hunt; and · Be licensed in the game management unit where the hunt is conducted. This makes it difficult to train and prepare perspective guides to further advance in the Big Game Guiding industry when they cannot be compensated for carrying out those duties. Not many people work for free! This creates an apprentice structure to allow unlicensed personnel to be prepared for and qualify for the 'assistant guide" level in the industry. Under current statutes: An assistant guide candidate must have at least 60 days of Alaska hunting experience and 30 days must be in a hunting camp being instructed by a licensed guide-outfitter. In summary, it is difficult to find personnel to work for free and it also makes it difficult to train and prepare perspective guides for a future in the industry. Sectional Summary Section 1. Adds a new statutory section, AS 08.54.635, that allows the Big Game Commercial Services Board to adopt regulations permitting a registered guide- outfitter to delegate certain guide services to a person not licensed under AS 08.54. Provides what guide services may be delegated. Establishes conditions on the delegation of services. Permits unlicensed persons to assist in providing certain guide services. Requires unlicensed persons to meet standards adopted by the board before providing, or assisting in providing, guide services. Permits unlicensed persons providing or assisting in providing guide services to be compensated. Section 2. Conforms AS 08.54.720(a) to the addition of AS 08.54.635 in sec. 1 of the bill. Section 3. Amends AS 08.54.740(a) to provide that a registered guide-outfitter is equally responsible for a violation of a state or federal wildlife, game, or guiding statute or regulation committee by a person while that person provides guide services for the guide-outfitter under the new section AS 08.54.635. 2:39:27 PM SENATOR OLSON asked if there was any opposition to the bill. MR ZEPP replied he hadn't heard anything negative. SENATOR OLSON asked if affected guides had voiced support or opposition. MR. ZEPP replied he reached out to all the stakeholders he was aware of including the Alaska Wildlife Troopers, the professional licensing operations manager for DCCED, the Big Game Commercial Services Board, the Alaska Outdoor Council, Safari Club International, and the Alaska Professional Hunters Association. So far he's heard nothing but support. 2:41:17 PM CABOT PITTS, representing himself, Wasilla, Alaska, said he's a registered guide and outfitter and a member of Alaska Professional Hunters Association. He plans to use packers in his business and believes that they need to be compensated for their work. He asked the committee to support SB 190. 2:42:24 PM JOE KLUTSCH, representing himself, King Salmon, Alaska, testified in support of SB 190. He said he's been a guide for 34 years and he started as a packer. Most of the best guides and many of the Native guides were packers before they became registered and master guides. He described the bill as a technical correction to solve the problem facing both registered guides and the packers that help them. SENATOR OLSON asked if he'd had any trouble with citations and overly aggressive game wardens. MR. KLUTSCH replied he wasn't aware of anything like that. 2:45:43 PM KELLY VREM Chair, Big Game Commercial Services Board, Sutton, Alaska, testified in support of SB 190. He said he's been a guide or assistant guide since 1973 and packers have had a history in guiding since before statehood. It has always been the accepted practice to hire a packer and the assumption was that it was legal. It was therefore quite a surprise to learn that the practice was illegal. SB 190 will legitimize this long- standing practice in the guiding industry, he said. He explained that in 1989 and 1990 the Alaska Senate formed a task force on guiding that defined transporters and guides and the privileges for each one. They decided that entry-level guides and/or laborers didn't rise to the level of licensure, but this wasn't clarified in the definition section, AS 08.54.790. He said the bill is a technical correction and he'd heard no objection. MR. VREM suggested inserting the term "assistant guide" on page 2, line 1, to allow that person to supervise a trainee. 2:48:35 PM JOE WANT, representing himself, Fairbanks, Alaska, said he doesn't disagree with the concept of the legislation, but the wording in subsection (b) gives too much latitude to the guide that is delegating authority. He stressed that a packer should not be directly involved in the kill and that the packer should not make decisions with the client. The guide should make the decisions. 2:51:50 PM CHAIR DUNLEAVY announced he would hold SB 190 in committee for further consideration. Public testimony was open.