Legislature(2015 - 2016)BELTZ 105 (TSBldg)

04/16/2015 01:30 PM LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 131 LICENSURE OF MANICURISTS/HAIR DRESSING TELECONFERENCED
Moved HB 131 AM Out of Committee
-- Public Testimony --
+ HCR 10 MARITIME WORKFORCE DEVELOPMENT TELECONFERENCED
Moved CSHCR 10(FSH) Out of Committee
-- Public Testimony --
+= HB 41 SPORT FISHING SERVICES TELECONFERENCED
Moved CSHB 41(FIN) AM Out of Committee
-- Public Testimony --
+= SB 107 INSURANCE; RISK MG'T; HOLDING COMPANIES TELECONFERENCED
Moved SB 107 Out of Committee
+ HB 123 ESTABLISH MARIJUANA CONTROL BOARD TELECONFERENCED
Moved SCS CSHB 123(L&C) Out of Committee
-- Public Testimony --
+ HB 12 MORTGAGE LENDING AND LOAN ORIGINATORS TELECONFERENCED
Scheduled but Not Heard
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 HB  41-SPORT FISHING SERVICES                                                                              
                                                                                                                                
5:39:15 PM                                                                                                                    
CHAIR  COSTELLO 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." She                                                               
noted  this  is  the  second  hearing for  the  bill  and  public                                                               
testimony is open.                                                                                                              
                                                                                                                                
5:41:20 PM                                                                                                                    
CRYSTAL KOENEMAN,  Staff, Representative Cathy  Munoz, summarized                                                               
that  HB 41  is to  reestablish  the sport  fish guide  licensing                                                               
program  that sunsetted  December 31,  2014. The  only change  is                                                               
that the fees are doubled.                                                                                                      
                                                                                                                                
SENATOR  STEVENS  noted  a constituent  is  concerned  about  the                                                               
overly  severe penalty  of  having his  license  revoked for  two                                                               
paperwork violations.  He asked where  that is found in  the bill                                                               
and how she would address that issue.                                                                                           
                                                                                                                                
MS. KOENEMAN directed attention to  the penalty section on page 5                                                               
that speaks  to a  person who knowingly  violates a  provision of                                                               
the sport fish statutes. A person  is guilty of a violation for a                                                               
first offense.  If there is a  second or subsequent offense  in a                                                               
three year period the person is  guilty of a class B misdemeanor.                                                               
The constituent takes issue with  the use of the word "knowingly"                                                               
and  instead  suggested  using   the  term  "intentionally."  She                                                               
discussed the matter with both  the Alaska Department of Fish and                                                               
Game (ADF&G)  and legislative legal  and learned that  the burden                                                               
of  proof for  "intentionally" is  substantially higher  than for                                                               
"knowingly" and would  be very difficult to prove.  The number of                                                               
violations  each  year  is  extremely   small  and  ADF&G  has  a                                                               
provision whereby it can work with  a guide and issue a letter of                                                               
agreement  to  accommodate  a  special  circumstance.  For  these                                                               
reasons the sponsors do not support the proposed amendment.                                                                     
                                                                                                                                
5:46:58 PM                                                                                                                    
SENATOR  STEVENS  said he  understands  the  difficulty with  the                                                               
higher burden  of proof,  but his  constituent has  no reasonable                                                               
way to  get the logbook report  to ADF&G in a  timely manner when                                                               
he is on a two week big  game hunt and his client does incidental                                                               
fishing.                                                                                                                        
                                                                                                                                
MS. KOENEMAN  said if there isn't  a drop box near  by the person                                                               
can mail the report. If the  report is postmarked by the deadline                                                               
she believes that would be sufficient.                                                                                          
                                                                                                                                
SENATOR STEVENS asked  where you'd get an  envelope postmarked in                                                               
the middle of a bear hunting trip.                                                                                              
                                                                                                                                
MS.  KOENEMAN said  that's where  that letter  of agreement  with                                                               
ADF&G come into play. "When they  know they're going to be out in                                                               
the field and can't make those  deadlines they can work with fish                                                               
and  game to  determine a  time in  which those  logbooks can  be                                                               
delivered when  they fly back  in from  the remote areas  and are                                                               
near a  post office. Whether  it's a  couple of months  out, it's                                                               
all between  the guides themselves and  fish and game to  come up                                                               
with that agreement," she said.                                                                                                 
                                                                                                                                
SENATOR  STEVENS  expressed concern  with  the  vagueness of  the                                                               
solution and questioned the timeline.                                                                                           
                                                                                                                                
MS.  KOENEMAN deferred  to ADF&G  to outline  how the  letters of                                                               
agreement are drafted.                                                                                                          
                                                                                                                                
SENATOR GIESSEL asked to hear from Mr. Mulligan.                                                                                
                                                                                                                                
5:50:02 PM                                                                                                                    
BEN MULLIGAN, legislative liaison,  Alaska Department of Fish and                                                               
Game (ADF&G), said he understands  Senator Steven's concern about                                                               
the potential solution being vague,  but the department does take                                                               
a case-by-case approach when it  works with people who are unable                                                               
to get their reports in on  time. ADF&G tries to be understanding                                                               
and the  statute and  regulations allows  this latitude.  It says                                                               
that the  guide must follow  the instructions in the  logbook and                                                               
the  instructions given  by the  department.  The department  has                                                               
approved  special  arrangements for  a  few  guides in  the  last                                                               
couple of  years and none that  received the approval have  had a                                                               
violation.   He  suggested   that   Mr.   Brookover  might   have                                                               
supplemental information.                                                                                                       
                                                                                                                                
SENATOR STEVENS  asked what  the penalty is  for someone  who has                                                               
two paperwork violations.                                                                                                       
                                                                                                                                
MR. MULLIGAN replied  it's a class B misdemeanor for  a second or                                                               
multiple  violations within  a three-year  period. He  noted that                                                               
given the culpability standard of  "knowingly," ADF&G only issues                                                               
about a dozen  citations a year. The priority is  to receive this                                                               
valuable data, not issue citations.                                                                                             
                                                                                                                                
5:53:20 PM                                                                                                                    
SENATOR GIESSEL read Sec. 16.40.291(c)(1)  on page 5 and observed                                                               
that there  doesn't appear to be  a penalty for a  first offense.                                                               
She asked if that's true.                                                                                                       
                                                                                                                                
MR. MULLIGAN replied  it is a bailable offense;  the person would                                                               
receive a citation and fine.                                                                                                    
                                                                                                                                
SENATOR GIESSEL read Sec. 16.40.291(c)(2)  on page 5 and asked if                                                               
that was the class B misdemeanor he referenced.                                                                                 
                                                                                                                                
MR. MULLIGAN answered yes.                                                                                                      
                                                                                                                                
CHAIR COSTELLO asked  Mr. Brookover if he had anything  to add to                                                               
the discussion.                                                                                                                 
                                                                                                                                
5:54:16 PM                                                                                                                    
TOM BROOKOVER,  Acting Director,  Division of Sport  Fish, Alaska                                                               
Department of Fish and Game  (ADF&G), reiterated the value of the                                                               
data that's  collected through the logbook  program. He explained                                                               
that  the purpose  of the  program is  to provide  information on                                                               
business  and guide  effort in  the state.  The program  provides                                                               
valuable information  and to  fulfill its  purpose there  must be                                                               
compliance.  ADF&G  seeks that  compliance  by  working with  the                                                               
guides  as much  as possible.  The program  was developed  over a                                                               
number of  years and included meetings  with charter associations                                                               
and in communities so the  department could better understand the                                                               
needs and  limitations of guides  and businesses.  The department                                                               
works  with the  industry both  in season  and out  to help  with                                                               
compliance.  When logbooks  come in  with missing  information or                                                               
other problems  come up during  the season, staff reaches  out to                                                               
businesses and guides to highlight and discuss the issues.                                                                      
                                                                                                                                
MR. BROOKOVER said there have been  very few offenses in the last                                                               
two years, which  is reflective of the  compliance the department                                                               
has achieved over  the years. They work with  remote operators on                                                               
a  case-by-case  basis  to  find a  solution  to  the  timeliness                                                               
requirement. This  is preferable  to turning  the matter  over to                                                               
protection.                                                                                                                     
                                                                                                                                
5:58:53 PM                                                                                                                    
SENATOR STEVENS referenced Sec.  16.40.291(d) that says the court                                                               
may  revoke the  sport fishing  guide  license if  the person  is                                                               
convicted under (a) or (c)(2)  of the section, and commented that                                                               
the penalties  seem rather draconian.  He reiterated  the concern                                                               
his  constituent raised  about the  penalties because  "knowingly                                                               
violates"  could simply  mean you  don't get  your logbook  in on                                                               
time. He asked, "What is a  bear trip? A month long, three weeks?                                                               
You know better than I."                                                                                                        
                                                                                                                                
MR.  MULLIGAN  admitted  he  didn't know,  but  the  average  was                                                               
probably two weeks.                                                                                                             
                                                                                                                                
MS. KOENEMAN pointed  out that in subsection (a),  AS 16.40.261 -                                                               
16.40.300  references the  licensing provision,  not an  untimely                                                               
logbook.                                                                                                                        
                                                                                                                                
MR. MULLIGAN agreed.                                                                                                            
                                                                                                                                
6:01:40 PM                                                                                                                    
SENATOR  STEVENS asked  Mr.  Mulligan if  he  can understand  his                                                               
constituent's  concern.  He has  spent  his  lifetime building  a                                                               
successful guiding business and has  never committed a crime. Now                                                               
ADF&G says  it could allow  a grace  period if he  doesn't submit                                                               
his logbooks in a timely manner.                                                                                                
                                                                                                                                
MR. MULLIGAN  said he can  understand the concern added,  "All we                                                               
can do  is go off  our track record with  the program so  far and                                                               
Mr.  Brookover's testimony."  He said  ADF&G would  like to  work                                                               
with  this particular  guide  and  figure out  a  plan. Both  the                                                               
logbook  coordinator  and  the law  enforcement  specialist  have                                                               
contacted him to work with him and try to ease his mind.                                                                        
                                                                                                                                
6:03:53 PM                                                                                                                    
SENATOR STEVENS  asked if he could  see a way to  write that into                                                               
the bill.                                                                                                                       
                                                                                                                                
MR. MULLIGAN replied  the standard of proof for  "knowingly" is a                                                               
fairly  high bar.  If this  constituent has  turned a  logbook in                                                               
late  he hasn't  been cited.  The purpose  of the  program is  to                                                               
collect data to better manage the resource.                                                                                     
                                                                                                                                
SENATOR STEVENS said he understands  the meaning of the term, but                                                               
the concern is  that this person is at a  remote site where there                                                               
is no post office and no planes coming and going.                                                                               
                                                                                                                                
CHAIR  COSTELLO asked  Mr. Bullard  if he  was available  to talk                                                               
about the  specific issue on page  5, line 22 and  the difference                                                               
between "knowingly" and "intentionally."                                                                                        
                                                                                                                                
6:05:46 PM                                                                                                                    
ALPHEUS   BULLARD,   Legislative   Counsel,   Legislative   Legal                                                               
Services,  Legislative Affairs  Agency, Alaska  State Legislature                                                               
stated  that he  did not  want to  talk in  large form  about the                                                               
issue, but  would answer specific  questions about  the different                                                               
standards.                                                                                                                      
                                                                                                                                
CHAIR  COSTELLO  asked  the difference  between  "knowingly"  and                                                               
"intentionally."                                                                                                                
                                                                                                                                
MR. BULLARD explained  that the four mental states  for crimes in                                                               
Alaska  are  intentionally,  knowingly, recklessly  and  criminal                                                               
negligence.  He read  the  definitions for  the  first two  terms                                                               
provided in AS 11.81.900(a).                                                                                                    
                                                                                                                                
CHAIR COSTELLO opined that the key  phrase is on page 5, line 23.                                                               
It talks  about timely submission  of reports and  the department                                                               
would provide through  regulation what is and is  not timely. She                                                               
said it seems that the  department could take this testimony into                                                               
consideration when someone  is unable to submit  their report per                                                               
the requirements.                                                                                                               
                                                                                                                                
SENATOR STEVENS said he realizes  the importance of the data, but                                                               
he doesn't understand the harm it could  do if it comes in a week                                                               
later than  required. He  asked why it  couldn't be  submitted at                                                               
the end of the hunt.                                                                                                            
                                                                                                                                
MR. MULLIGAN  explained that the  time was  negotiated, primarily                                                               
with sport fishing guides. The  majority in that industry did not                                                               
see the week timeframe as egregious.                                                                                            
                                                                                                                                
6:11:21 PM                                                                                                                    
MR. BROOKOVER reported  that about 1,200 businesses  in the state                                                               
operate under the  logbook program and many return  to port every                                                               
day. As mentioned  earlier, the week timeframe was  the result of                                                               
discussions over  several years  and it  seems to  work. However,                                                               
there  are a  few remote  operators and  the department  wants to                                                               
work with them and accommodate  their circumstances to the extent                                                               
possible.                                                                                                                       
                                                                                                                                
6:14:16 PM                                                                                                                    
PAUL  JOHNSON,  Guide,  testified  in opposition  to  HB  41.  He                                                               
explained that  this is  strict liability law  and it  isn't just                                                               
the State  Troopers that  enforce this; it  is also  the National                                                               
Park Service, the  U.S. Fish and Wildlife, the  U.S. Coast Guard,                                                               
and NOAA. The penalty for a  violation is more than simply paying                                                               
the fee.  He related his  personal experiences and  stressed that                                                               
the  program  was  sunsetted  for a  purpose.  He  suggested  the                                                               
legislature put  together a  working group to  deal with  all the                                                               
associated issues or  sunset the program after one  or two years.                                                               
He questioned  why electronic filing  isn't possible  because the                                                               
federal government  has figured it  out. [Much of  this testimony                                                               
was indiscernible.]                                                                                                             
                                                                                                                                
6:22:24 PM                                                                                                                    
CHAIR COSTELLO closed public testimony.                                                                                         
                                                                                                                                
SENATOR STEVENS commented that the  testimony was interesting and                                                               
he made good  points. He said his concerns have  not been allayed                                                               
and he feels more study and more input is needed.                                                                               
                                                                                                                                
6:23:22 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
6:23:28 PM                                                                                                                    
CHAIR  COSTELLO  reconvened  the  meeting  and  stated  that  the                                                               
discussion  was   about  Senator  Steven's  concerns   about  the                                                               
legislation. She  said the committee  will include a  letter from                                                               
Senator Stevens that will be  forwarded to the Finance Committee.                                                               
The department has also heard the concerns.                                                                                     
                                                                                                                                
6:24:10 PM                                                                                                                    
SENATOR GIESSEL motioned to report  HB 41, labeled 29-LS0238\P.A,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note.                                                                                                                    
                                                                                                                                
CHAIR COSTELLO announced that without  objection, CSHB 41(FIN) AM                                                               
is  reported   from  the  Senate  Labor   and  Commerce  Standing                                                               
Committee.                                                                                                                      

Document Name Date/Time Subjects
HB 12 - AS 6060 Mort BrokerLender Employee MLO Flow Chart.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Fiscal Note DCCED.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - HUD SAFE Act Regs.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Opposition - Alaska Bankets Assoc..pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Sectional Analysis.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Sponsor Statement.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - State Farm Support Brief.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Support Letter - A. Hewitt.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Support Letter - C. Green.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Support Letter - D. McCann.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Support Letter - J. Goodman.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Support Letter - K. Babcock.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Support Letter - K. Yoder.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Support Letter - N. Field.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Support Letter - R. Rhodes.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Support Letter - S. Fortune.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Support Letter - R. Willis.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Support Letter - State Farm Agents.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Support Letter - T. Randolph.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Support Letter - T. Sayer.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Supporting Documents-Flow Chart and Explanation.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Version A.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 12 - Version H.pdf SL&C 4/16/2015 1:30:00 PM
HB 12
HB 123 - Background Document - ABC Board Implementation.pdf SL&C 4/16/2015 1:30:00 PM
HB 123
HB 123 - Background Document - Initiative Text.pdf SL&C 4/16/2015 1:30:00 PM
HB 123
HB 123 - Background Documents - State Reg. of Marijuana.pdf SL&C 4/16/2015 1:30:00 PM
HB 123
HB 123 - Fiscal Note DCCED.pdf SL&C 4/16/2015 1:30:00 PM
HB 123
HB 123 - Previous Sectional Analysis.pdf SL&C 4/16/2015 1:30:00 PM
HB 123
HB 123 - ASMA Marijuana Regulation 4.14.2015.pdf SL&C 4/16/2015 1:30:00 PM
HB 123
HB 123 - Fiscal Note DOA.pdf SL&C 4/16/2015 1:30:00 PM
HB 123
HB 123 - Transmittal Letter.pdf SL&C 4/16/2015 1:30:00 PM
HB 123
HB 123 - Version P.A.pdf SL&C 4/16/2015 1:30:00 PM
HB 123
HB 131 - Fiscal Note DCCED.pdf SL&C 4/16/2015 1:30:00 PM
HB 131
HB 131 - Legislative Priorities - Board of Barbers & Hairdressers.pdf SL&C 4/16/2015 1:30:00 PM
HB 131
HB 131 - Letter of Support - Deanna Pruhs.pdf SL&C 4/16/2015 1:30:00 PM
HB 131
HB 131 - Letter of Support - Jeannine Jabaay.pdf SL&C 4/16/2015 1:30:00 PM
HB 131
HB 131 - Letter of Support - Kathy Ungerecht.pdf SL&C 4/16/2015 1:30:00 PM
HB 131
HB 131 - Letter of Support - Sue Brady.pdf SL&C 4/16/2015 1:30:00 PM
HB 131
HB 131 - Letter of Support - Teri Kostka.pdf SL&C 4/16/2015 1:30:00 PM
HB 131
HB 131 - Manicurist License Requirements by State.pdf SL&C 4/16/2015 1:30:00 PM
HB 131
HB 131 - Sectional Analysis.pdf SL&C 4/16/2015 1:30:00 PM
HB 131
HB 131 - Sponsor Statement.pdf SL&C 4/16/2015 1:30:00 PM
HB 131
HB 131 - Supporting Document - Comparative Training Graph.pdf SL&C 4/16/2015 1:30:00 PM
HB 131
HB 131 - Supporting Document - Training Brief.pdf SL&C 4/16/2015 1:30:00 PM
HB 131
HB 131 - Version W.pdf SL&C 4/16/2015 1:30:00 PM
HB 131
HCR 10 - Explanation of Changes W to E.pdf SL&C 4/16/2015 1:30:00 PM
HCR 19
HCR 10 - Sponsor Statement.pdf SL&C 4/16/2015 1:30:00 PM
HCR 10
HCR 10 - Fiscal Note LWF.pdf SL&C 4/16/2015 1:30:00 PM
HCR 10
HCR 10 - Support AFDF.pdf SL&C 4/16/2015 1:30:00 PM
HCR 10
HCR 10 - Support Homer Marine Trades.pdf SL&C 4/16/2015 1:30:00 PM
HCR 10
HCR 10 - Support Icicle Seafoods.pdf SL&C 4/16/2015 1:30:00 PM
HCR 10
HCR 10 - Support Ketchikan Marine.pdf SL&C 4/16/2015 1:30:00 PM
HCR 10
HCR 10 - Support Matt Alward.pdf SL&C 4/16/2015 1:30:00 PM
HCR 10
HCR 10 - Support Pacific Seafood.PDF SL&C 4/16/2015 1:30:00 PM
HCR 10
HCR 10 - Version E.pdf SL&C 4/16/2015 1:30:00 PM
HCR 10
Public Testimony - M. Schneider.pdf SL&C 4/16/2015 1:30:00 PM
SB 107