HB 147: "An Act relating to the Alaska Sport Fishing Industry Marketing Council and a nonresident sport fishing license surcharge."

00 HOUSE BILL NO. 147                                                                                                      
01 "An Act relating to the Alaska Sport Fishing Industry Marketing Council and a                                           
02 nonresident sport fishing license surcharge."                                                                           
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 44.33 is amended by adding new sections to read:                                                    
05 ARTICLE 8A.  ALASKA SPORT FISHING INDUSTRY                                                                              
06 MARKETING COUNCIL.                                                                                                      
07  Sec. 44.33.750.  ALASKA SPORT FISHING INDUSTRY MARKETING                                                              
08 COUNCIL.   (a)  The Alaska Sport Fishing Industry Marketing Council is established                                      
09 as an agency of the state in the Department of Commerce and Economic Development.                                       
10  (b)  It is in the best interests of the state to promote the state as a sport fishing                                 
11 destination through a cooperative marketing program.                                                                    
12  Sec. 44.33.755.  MANAGEMENT OF COUNCIL.  (a)   The commissioner                                                       
13 shall contract with a single qualified trade association to jointly manage the council.                                 
14 The term of a contract under this section may not be less than three years.                                             
01     (b) The governing body of the council is a board consisting of 19 members and                                      
02 subject to the following provisions:                                                                                    
03        (1)  a board member shall                                                                                        
04   (A)  be substantially involved in the sport fishing industry;                                                       
05     (B)  have training in a field such as marketing;                                                                  
06     (C)  be an officer or a senior staff member of a local                                                            
07 government or nonprofit enterprise established to promote the sport fishing                                             
08 industry; or                                                                                                            
09     (D)  have business or government expertise that would materially                                                  
10 enhance the member's ability to contribute to the planning, execution, or                                               
11 evaluation of a sport fishing industry promotional marketing campaign;                                                  
12      (2)  a qualified trade association that has contracted with the                                                   
13 commissioner under (a) of this section may nominate nine board members; if the                                          
14 governor chooses not to appoint a person nominated by the trade association, the                                        
15 governor may request additional nominations from the trade association;                                                 
16   (3)  the governor shall appoint 10 other board members;                                                              
17   (4)  each board member serves at the pleasure of the governor; in                                                    
18 making appointments to the board under (2) and (3) of this subsection, the governor                                     
19 shall ensure that the board is broadly representative of the different regions of the state                             
20 and the various sectors of the sport fishing industry;                                                                  
21      (5)  10 members of the board constitute a quorum for the transaction of                                           
22 business and the exercise of the powers and duties of the board, and any action by the                                  
23 board requires 10 affirmative votes;                                                                                    
24      (6)  the board shall elect necessary officers from among its members                                              
25 annually;                                                                                                               
26      (7)  a board member may not participate or vote by proxy;                                                         
27      (8)  the board shall meet at least two times a year at the call of the chair                                      
28 or upon the written request of seven members of the board;                                                              
29      (9)  the members of the board serve staggered three-year terms, subject                                           
30 to continuation of the contract, and may be reappointed;                                                                
31      (10)  a person appointed to fill a vacancy on the board holds office for                                          
01 the balance of the term of the person's predecessor;                                                                    
02      (11)  board members receive no salary for serving in that position, but                                           
03 are entitled to per diem and travel expenses authorized under AS 39.20.180, except that                                 
04 they are entitled to per diem and travel expenses for travel only for the percentage of                                 
05 total travel that occurs within the state.                                                                              
06     (c)  A contract or grant entered into by the council is not effective until signed                                 
07 by the director.                                                                                                        
08  Sec. 44.33.760.  POWERS OF THE BOARD.  (a)  The board may                                                             
09      (1)  adopt a logo for the council;                                                                                
10      (2)  adopt, amend, and repeal regulations relating to the internal                                                
11 management and operations of the council, including the granting of distribution rights                                 
12 to mailing lists;                                                                                                       
13      (3)  enter into agreements necessary to perform its functions;                                                    
14      (4)  cooperate with a public or private board, organization, or agency                                            
15 engaged in work or activities similar to the work or activities of the council, including                               
16 entering into contracts for joint programs of sport fishing advertising and marketing;                                  
17      (5)  contract with persons in the private sector to provide services                                              
18 necessary to perform its functions;                                                                                     
19   (6)  receive contributions of money;                                                                                 
20      (7)  establish one office in the state and otherwise incur expenses                                               
21 incidental to the performance of its duties;                                                                            
22      (8)  appear on behalf of the council before boards, commissions,                                                  
23 departments, or other agencies of municipal, state, or federal government;                                              
24      (9)  acquire, hold, lease, sell, or otherwise dispose of personal property                                        
25 and lease real property; but such personal and real property is limited to that which is                                
26 necessary to the administrative functions of the council;                                                               
27      (10)  appoint committees comprised of board and nonboard members;                                                 
28 the chair of each committee shall be a board member;                                                                    
29      (11)  prepare and implement plans for the promotion of travel to and                                              
30 inside the state for sport fishing purposes;                                                                            
31      (12)  contract with the qualified trade association to sell, at fair market                                       
01 value, sport fishing advertising space in publications and promotional materials                                        
02 developed by the council; and                                                                                           
03      (13)  provide space to the qualified trade association in publications and                                        
04 promotional materials developed by the council if the trade association has contracted                                  
05 with the department under AS 44.33.755(a) and pays its pro rata share of the                                            
06 production costs for the publication or promotional material.                                                           
07  (b)  The board may not hire employees.                                                                                
08  Sec. 44.33.765.  DUTIES OF THE COUNCIL.  (a) The council shall                                                        
09      (1)  conduct a sport fishing marketing program designed to accomplish                                             
10 the purposes of AS 44.33.750 - 44.33.780;                                                                               
11      (2)  prepare and implement plans for the promotion of sport fishing in                                            
12 the state, including necessary research;                                                                                
13      (3)  submit an annual report to the governor and the legislature                                                  
14 describing the activities of the council;                                                                               
15      (4)  make available to all interested persons, including sport fishing                                            
16 businesses, a quarterly report of the council's actions and activities;                                                 
17      (5)  annually submit a proposed operating budget to the director to be                                            
18 used by the Department of Commerce and Economic Development to prepare and                                              
19 submit the operating budget of the council under AS 44.33.770;                                                          
20      (6)  provide advice, on the request of the director, on the programs of                                           
21 the division of tourism;                                                                                                
22     (7)  submit a report to the legislature, by the 10th day of each regular                                           
23 session, describing how the contractual money was spent in the first half of the year                                   
24 and explaining the plan for expenditures during the second half of the year.                                            
25     (b)  In performing its functions under AS 44.33.750 - 44.33.780, the council                                       
26 may not favor a particular sport fishing business entity or other person.                                               
27  Sec. 44.33.770  COUNCIL BUDGET AND RECEIPTS.  (a) The operating                                                       
28 budget of the council shall be prepared and submitted under AS 37.07 (Executive                                         
29 Budget Act).                                                                                                            
30     (b)  The council shall deposit money received under AS 44.33.750 - 44.33.780                                       
31 in the general fund.                                                                                                    
01  Sec. 44.33.775.  NONRESIDENT SPORT FISHING LICENSE SURCHARGE.                                                         
02 (a)  In addition to the fee for a nonresident sport fishing license established under                                   
03 AS 16.05.340(a), a nonresident who purchases a nonresident sport fishing license shall                                  
04 also pay a surcharge of $5.  The surcharge shall be imposed on the sale of nonresident                                  
05 sport fishing licenses 30 days after the commissioner has entered into a contract under                                 
06 AS 44.33.755(a) for joint management of the council.  Unless the commissioner has                                       
07 already entered into a new contract for joint management of the council before the                                      
08 termination of an existing contract for joint management of the council, the surcharge                                  
09 shall be discontinued 30 days after the termination of a contract entered into under                                    
10 AS 44.33.755(a) for the joint management of the council.  The surcharge shall be                                        
11 reimposed if the commissioner subsequently enters into a new contract for joint                                         
12 management of the council.  The commissioner shall immediately inform the                                               
13 Department of Fish and Game upon entering into or upon termination of a contract that                                   
14 will result in imposition or discontinuance of the surcharge authorized under this                                      
15 subsection.                                                                                                             
16  (b)  The money collected under the surcharge imposed under (a) of this section                                        
17 shall be deposited into the fish and game fund.                                                                         
18  (c)  The legislature may appropriate from the general fund or other fund source                                       
19 an amount equal to the amount of the surcharge deposited into the fish and game fund                                    
20 under this section to the Department of Commerce and Economic Development for the                                       
21 operations of the council.                                                                                              
22  Sec. 44.33.780.  DEFINITIONS.  In AS 44.33.750 - 44.33.780,                                                           
23      (1)  "board" means the board of the Alaska Sport Fishing Industry                                                 
24 Marketing Council;                                                                                                      
25      (2)  "commissioner" means the commissioner of commerce and                                                        
26 economic development;                                                                                                   
27      (3)  "council" means the Alaska Sport Fishing Industry Marketing                                                  
28 Council;                                                                                                                
29      (4)  "director" means the director of tourism;                                                                    
30      (5)  "qualified trade association" means a private, nonprofit organization                                        
31 whose primary purpose is the promotion of sport fishing in the state and that has a                                     
01 statewide membership comprised of representatives of all major sectors of the sport                                     
02 fishing industry, including guides, lodge operators, air taxi operators, hotels, sport                                  
03 fishing equipment retailers, travel agencies, and convention and visitors bureaus.                                      
04    * Sec. 2.  AS 16.05.340(a)(7) is amended to read:                                                                    
05   (7)  Nonresident special sport fishing license -- valid for the period                                               
06 inscribed on the license                                                                                                
07   (A) For 14-day license . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 30                                    
08   (B)  For three-day license . . . . . . . . . . . . . . . . . . . . . . . . . .15                                    
09   (C)  For one-day license . . . . . . . . . . . . . . . . . . . . . . . . . . .10                                    
10 The fees set under this paragraph do not include the surcharge that may be                                            
11 imposed under AS 44.33.775.                                                                                            
12    * Sec. 3.  AS 16.05.340(a)(8) is amended to read:                                                                    
13   (8)  Nonresident sport fishing license  . . . . . . . . . . . . . . . . . . . .50                                    
14 The fee set under this paragraph does not include the surcharge that may be                                           
15 imposed under AS 44.33.775.                                                                                            
16    * Sec. 4.  AS 16.05.340(a)(10) is amended to read:                                                                   
17   (10)  Nonresident hunting and sport fishing license . . . . . . . . . . . . . 135                                    
18 The fee set under this paragraph does not include the surcharge that may be                                           
19 imposed under AS 44.33.775.  A nonresident may not take a big game animal without                                      
20 previously purchasing a numbered, nontransferable, appropriate tag, issued under (15)                                   
21 of this subsection.  The tag must be affixed to the animal immediately upon capture                                     
22 and must remain affixed until the animal is prepared for storage, consumed, or                                          
23 exported. A tag issued but not used for an animal may be used to satisfy the tagging                                    
24 requirement for an animal of any other species for which the tag fee is of equal or less                                
25 value.                                                                                                                  
26    * Sec. 5.  AS 39.50.200(b) is amended by adding a new paragraph to read:                                             
27   (55)  Alaska Sport Fishing Industry Marketing Council (AS 44.33.750);                                                
28    * Sec. 6.  AS 44.33.120(b) is amended to read:                                                                       
29  (b)  The Alaska division of tourism shall                                                                             
30   (1)  cooperate with the tourism marketing council, sport fishing                                                    
31 industry marketing council, and organizations in the private sector for the promotion                                  
01 and development of tourism and conventions into and within the state;                                                   
02   (2)  coordinate with municipal, state, and federal agencies for the                                                  
03 development and promotion of tourism resources and conventions in the state;                                            
04   (3)  review and approve the procurement documents and procedures of                                                  
05 the tourism marketing council and sport fishing industry marketing council to                                         
06 ensure compliance with applicable laws and regulations;                                                                 
07   (4)  promote and develop the state's tourist and convention industry by                                              
08 any of the following:                                                                                                   
09   (A)  publicizing state attractions through such means as display                                                    
10 advertising in magazines and newspapers, advertising on radio and television                                            
11 or other advertising media, publishing pamphlets, brochures, and other graphic                                        
12 and pictorial materials, or by aiding and assisting representatives of the media,                                       
13 to ensure greater coverage of the visitor attractions in the state;                                                     
14   (B)  participation in travel shows;                                                                                 
15   (C)  increasing the awareness of the citizens of the state at the                                                   
16 statewide, regional, and community level of the economic importance of the                                              
17 visitor industry;                                                                                                       
18   (D)  assisting potential investors in creating new visitor facilities;                                              
19   (E)  administering programs of the state in which the state                                                         
20 provides matching funds for municipalities of the state or nonprofit                                                    
21 organizations that undertake the promotion of visitor travel to and the                                                 
22 development of visitor amenities in the state;                                                                          
23   (F)  administering visitor information centers;                                                                     
24   (G)  conducting research to evaluate the effectiveness of the                                                       
25 tourism marketing council's marketing programs and the sport fishing                                                   
26 industry marketing council's marketing programs;                                                                       
27   (H)  analyzing the effect on the state's visitor industry of state                                                  
28 land and resource development projects;                                                                                 
29   (I)  organizing, administering, and evaluating demonstration                                                        
30 projects for the promotion of the state's visitor industry and the development                                          
31 of new tourism destination markets; and                                                                                 
01   (J)  administering grants under AS 44.33.135.                                                                       
02    * Sec. 7.  AS 44.66.010(a) is amended by adding a new paragraph to read:                                             
03   (20)  Alaska Sport Fishing Industry Marketing Council (AS 44.33.750)                                                 
04 -- December 30, 1999.