Legislature(2015 - 2016)BELTZ 105 (TSBldg)

04/14/2015 01:30 PM LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 107 INSURANCE; RISK MG'T; HOLDING COMPANIES TELECONFERENCED
Scheduled but Not Heard
+ HB 26 EXTEND CERT. DIRECT-ENTRY MIDWIVES BOARD TELECONFERENCED
Moved SCS HB 26(L&C) Out of Committee
+ HB 41 SPORT FISHING SERVICES TELECONFERENCED
Heard & Held
+ HB 46 WORKFORCE INVESTMENT BOARD VETERAN MEMBER TELECONFERENCED
Moved HB 46 Out of Committee
+ HB 116 EXTEND ALCOHOLIC BEVERAGE CONTROL BOARD TELECONFERENCED
Moved HB 116 Out of Committee
+ HB 178 WORKERS' COMP MEDICAL FEES; DELAY TELECONFERENCED
Moved HB 178 Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 HB  41-SPORT FISHING SERVICES                                                                              
                                                                                                                                
2:41:03 PM                                                                                                                    
CHAIR  COSTELLO   reconvened  the   meeting  and   announced  the                                                               
consideration  of  HB  41. "An  Act  relating  to  sport  fishing                                                               
services, sport fishing operators,  and sport fishing guides; and                                                               
providing for  an effective  date." [CSHB  41(FIN) AM  was before                                                               
the committee.]                                                                                                                 
                                                                                                                                
2:41:24 PM                                                                                                                    
REPRESENTATIVE CATHY TILTON, Sponsor of  HB 41, explained that HB
41 seeks  to re-establish  the sport  fishing guide  and operator                                                               
licenses  which sunsetted  on December  31, 2014.  This licensure                                                               
was   originally  adopted   by  the   legislature  in   2004  and                                                               
implemented by the  Department of Fish and Game  (ADF&G) in 2005.                                                               
These licenses help  to mitigate unmanaged growth  of the charter                                                               
fishing  sector  while ensuring  a  basic  level of  professional                                                               
certification for  individuals who serve the  guided recreational                                                               
fishing public.                                                                                                                 
                                                                                                                                
In re-establishing  HB 41,  the existing  fee structure  has been                                                               
amended making  the program revenue positive.  The legislation is                                                               
not meant  to single out any  sector of the fishing  industry, it                                                               
is simply  to continue  the program that  was already  in effect.                                                               
The  bill  reestablishes the  licenses  that  have benefited  the                                                               
guided  sport  fishing  industry   and  the  general  public  and                                                               
increases  the revenue  necessary to  establish and  maintain the                                                               
electronic logbook  program that  assists in  critical management                                                               
decisions.                                                                                                                      
                                                                                                                                
SENATOR STEVENS asked how much the fees would be increased.                                                                     
                                                                                                                                
REPRESENTATIVE TILTON replied the fees would double.                                                                            
                                                                                                                                
CHAIR COSTELLO asked  if there is any opposition to  the bill and                                                               
who is on record supporting the legislation.                                                                                    
                                                                                                                                
2:44:30 PM                                                                                                                    
KEITH  HILYARD,  Staff,  Representative Cathy  Tilton,  explained                                                               
that  one   person  testified  in  House   Finance  suggesting  a                                                               
qualified  amendment for  HB 41  pertaining to  federal fisheries                                                               
management and a  guide from MatSu wrote a  letter in opposition.                                                               
Supporting letters  have come from  several charter  operators in                                                               
Juneau,  the Southeast  Alaska Guides  organization, and  several                                                               
charter  operators have  testified  in support  of  the bill.  He                                                               
described the  charter industry as generally  supportive although                                                               
the salt water guides feel  more urgency than fresh water guides.                                                               
He  noted that  amendments that  passed on  the House  floor were                                                               
trying  to be  responsive to  concerns brought  forward by  fresh                                                               
water guides.                                                                                                                   
                                                                                                                                
CHAIR   COSTELLO  asked   him  to   summarize  the   House  floor                                                               
amendments.                                                                                                                     
                                                                                                                                
MR. HILYARD explained that the  requirement that a person holding                                                               
a  sport fishing  guide or  operator's license  must also  have a                                                               
Coast Guard  license was  removed from Section  4, page  3, lines                                                               
10-19. This was  done because it placed an undue  burden on fresh                                                               
water  guides in  Interior Alaska  where navigable  waters aren't                                                               
determined and thus  a Coast Guard license  isn't needed. Second,                                                               
the sunset date in Section 11  was changed from ten years to five                                                               
years.                                                                                                                          
                                                                                                                                
2:47:45 PM                                                                                                                    
CHAIR  COSTELLO  asked  him  to  review  the  electronic  logbook                                                               
program.                                                                                                                        
                                                                                                                                
MR.  HILYARD explained  that ADF&G  has  discussed an  electronic                                                               
logbook  for years.  It  would  aid in  the  data collection  and                                                               
analysis. The  paper logbook is used  to help both the  state and                                                               
federal  fisheries   managers  make  allocation   decisions.  The                                                               
revenue stream  associated with the  increase would  help support                                                               
the establishment  and maintenance  of an electronic  logbook. He                                                               
offered his  understanding that ADF&G  intends to do a  beta test                                                               
in the Kenai River area this summer.                                                                                            
                                                                                                                                
SENATOR MEYER asked when the sunset occurs.                                                                                     
                                                                                                                                
MR. HILYARD replied it's 2021.                                                                                                  
                                                                                                                                
CHAIR COSTELLO asked Mr. Mulligan  to expand on the discussion of                                                               
the electronic logbook program.                                                                                                 
                                                                                                                                
2:49:36 PM                                                                                                                    
BEN MULLIGAN, Legislative Liaison,  Alaska Department of Fish and                                                               
Game (ADF&G), explained  that the infrastructure to  get the beta                                                               
test in place is part  of an overall electronic modernization CIP                                                               
project the department received  through the budget several years                                                               
ago. The  program will  be expanded depending  on the  success of                                                               
the beta test, but it is a priority.                                                                                            
                                                                                                                                
CHAIR  COSTELLO asked  if the  department has  a position  on the                                                               
bill.                                                                                                                           
                                                                                                                                
MR.  MULLIGAN stated  that the  department  supports getting  the                                                               
program back into place.                                                                                                        
                                                                                                                                
2:51:39 PM                                                                                                                    
TOM BROOKOVER,  Acting Director,  Division of Sport  Fish, Alaska                                                               
Department of Fish  and Game (ADF&G), stated  that the electronic                                                               
logbook  program   is  a  continuing   element  of   the  license                                                               
modernization  effort.  He  reported that  the  online  licensing                                                               
store was launched about a month  ago and the division is looking                                                               
at  two elements  to further  that initiative.  One is  to enable                                                               
personal use  permitting and reporting capabilities  for the Cook                                                               
Inlet  and  Chitna personal  use  fisheries.  Second is  a  pilot                                                               
program  on  the Kenai  for  an  electronic logbook  program  for                                                               
charter boats.  He related that  the department  anticipates full                                                               
implementation  in  the  next  year  or  two.  He  confirmed  Mr.                                                               
Mulligan's statement that the department supports HB 41.                                                                        
                                                                                                                                
2:54:10 PM                                                                                                                    
CHAIR COSTELLO opened public testimony.                                                                                         
                                                                                                                                
2:54:31 PM                                                                                                                    
DICK  ROHRER, representing  himself, Kodiak,  Alaska said  he has                                                               
been a  big game  guide since  the early 1970s  and a  sport fish                                                               
guide since  the early 1980s,  and HB 41  potentially jeopardizes                                                               
his  sport fish  guiding license.  He directed  attention to  the                                                               
penalty section on page 5, lines  22-30. He read the provision in                                                               
subsection (c)  and submitted that the  penalties are potentially                                                               
far too severe in cases where  the logbook report is not received                                                               
by  ADF&G in  a timely  manner. He  suggested inserting  the word                                                               
"intentionally"  on line  22 to  clarify that  the provision  and                                                               
penalty targets  a person who  knowingly and  intentionally fails                                                               
to meet  the deadline.  He explained  that for  logbook reporting                                                               
purposes the week  runs Monday to Sunday. Any  activity on Sunday                                                               
would have to be submitted to  fish and game the following Monday                                                               
or the  guide is in violation  of subsection (c). The  penalty is                                                               
very severe if that happens more than once.                                                                                     
                                                                                                                                
MR. ROHRER  highlighted that the logbook  program largely relates                                                               
to charter boat operators that are  in and out of town every day.                                                               
That  is  not   the  case  for  guides   that  operate  remotely,                                                               
particularly guides  operating in Interior areas  and/or big game                                                               
guides that have a client who  wants to do incidental fishing. He                                                               
provided an  example to illustrate  the timing  difficulties that                                                               
remote guides face.   He flies a bear hunting  client to his camp                                                               
on Kodiak  Island on Saturday April  18 for a two  week hunt. The                                                               
client does  incidental fishing on  Saturday and Sunday  April 18                                                               
and 19 so  the logbook report for that incidental  fishing is due                                                               
on April 27.  The client isn't flying  back until May 2  so he as                                                               
the guide has to  charter a plane at a cost of  $1,000 to pick up                                                               
that logbook report.                                                                                                            
                                                                                                                                
MR.  ROHRER  pointed out  that  legislation  that was  considered                                                               
several  years  relating  to  the  sport  fish  guiding  industry                                                               
included an exemption clause for  big game guides who had clients                                                               
that did incidental sport fishing  while on a contracted big game                                                               
hunt. He  suggested that  the exemption  is appropriate  in these                                                               
circumstances.                                                                                                                  
                                                                                                                                
2:59:40 PM                                                                                                                    
CHAIR COSTELLO announced  that she would hold HB  41 in committee                                                               
with public testimony open.                                                                                                     

Document Name Date/Time Subjects
HB 149 am - Sponsor Statement.pdf SL&C 4/9/2015 1:30:00 PM
SL&C 4/14/2015 1:30:00 PM
HB 149
HB 26 - Fiscal Note DCCED.pdf SL&C 4/14/2015 1:30:00 PM
HB 26
HB 26 - Hearing Request.pdf SL&C 4/14/2015 1:30:00 PM
HB 26
HB 26 - Sponsor Statement.pdf SL&C 4/14/2015 1:30:00 PM
HB 26
HB 26 - Supporting Documents - Legislative Audit 6-30-2014.pdf SL&C 4/14/2015 1:30:00 PM
HB 26
HB 26 - Ver. A.pdf SL&C 4/14/2015 1:30:00 PM
HB 26
HB 41 - Fiscal Note F&G 2.pdf SL&C 4/14/2015 1:30:00 PM
HB 41
HB 41 - Fiscal Note F&G.pdf SL&C 4/14/2015 1:30:00 PM
HB 41
HB 41 - Fiscal Note LAA.pdf SL&C 4/14/2015 1:30:00 PM
HB 41
HB 41 - Support Cummings.pdf SL&C 4/14/2015 1:30:00 PM
HB 41
HB 41 - Support Haney.pdf SL&C 4/14/2015 1:30:00 PM
HB 41
HB 41 - Support JCBOA.pdf SL&C 4/14/2015 1:30:00 PM
HB 41
HB 41 - Support Lost in AK.pdf SL&C 4/14/2015 1:30:00 PM
HB 41
HB 41 - Support Rum Runners.pdf SL&C 4/14/2015 1:30:00 PM
HB 41
HB 41 - Support SEAGO.pdf SL&C 4/14/2015 1:30:00 PM
HB 41
HB 41 - Ver. P.A.pdf SL&C 4/14/2015 1:30:00 PM
HB 41
HB 41 Explanation of Changes Version P.A.PDF SL&C 4/14/2015 1:30:00 PM
HB 41
HB 41 Sectional Analysis (FIN)am.pdf SL&C 4/14/2015 1:30:00 PM
HB 41
HB 41 Sport Fish Sponsor Statement P.A.PDF SL&C 4/14/2015 1:30:00 PM
HB 41
HB 46 - Fiscal Note DMVA.pdf SL&C 4/14/2015 1:30:00 PM
HB 46
HB 46 - Fiscal Note DOLWD.pdf SL&C 4/14/2015 1:30:00 PM
HB 46
HB 46 - Senate Labor & Commerce Hearing Request.pdf SL&C 4/14/2015 1:30:00 PM
HB 46
HB 46 - Sponsor Statement.pdf SL&C 4/14/2015 1:30:00 PM
HB 46
HB 46 - Supporting Documents - Email from Douglas Bowers.pdf SL&C 4/14/2015 1:30:00 PM
HB 46
HB 46 - Supporting Documents - Email from Mr. Russ Black - SFAC Director JBER.pdf SL&C 4/14/2015 1:30:00 PM
HB 46
HB 46 - Supporting Documents - Letter from CH2M Hill.pdf SL&C 4/14/2015 1:30:00 PM
HB 46
HB 46 - Supporting Documents - Resolution from Alaska Veterans Advisory Council.pdf SL&C 4/14/2015 1:30:00 PM
HB 46
HB 46 - Supporting Documents-Letter Russ Black SFAC Director JBER.pdf SL&C 4/14/2015 1:30:00 PM
HB 46
HB 46 - Version A.pdf SL&C 4/14/2015 1:30:00 PM
HB 46
HB 116 - Fiscal Note DCCED.pdf SL&C 4/14/2015 1:30:00 PM
HB 116
HB 116 - Sponsor Statement.pdf SL&C 4/14/2015 1:30:00 PM
HB 116
HB 116 - Supporting Documents - Legislative Audit 05-30-14.pdf SL&C 4/14/2015 1:30:00 PM
HB 116
HB 116 - Ver. A.pdf SL&C 4/14/2015 1:30:00 PM
HB 116
HB 178 - Fiscal Note DOLWFD.pdf SL&C 4/14/2015 1:30:00 PM
HB 178
HB 178 - Sectional Analysis Ver R.pdf SL&C 4/14/2015 1:30:00 PM
HB 178
HB 178 - Sponsor Statement.pdf SL&C 4/14/2015 1:30:00 PM
HB 178
HB 178 - Supporting Documents-HB316 enacted in 2014.PDF SL&C 4/14/2015 1:30:00 PM
HB 178
HB 316
HB 178 - Ver. H.PDF SL&C 4/14/2015 1:30:00 PM
HB 178