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HB 164: "An Act relating to electronic application for and issuance of licenses, permits, and tags issued by the Department of Fish and Game; to violations regarding a license, permit, or tag applied for or issued electronically; and providing for an effective date."

00HOUSE BILL NO. 164 01 "An Act relating to electronic application for and issuance of licenses, permits, 02 and tags issued by the Department of Fish and Game; to violations regarding 03 a license, permit, or tag applied for or issued electronically; and providing for 04 an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 16.05.340 is amended by adding a new subsection to read: 07  (h) Notwithstanding (a) - (g) of this section, the commissioner may add a 08 surcharge to the fees set out in this section to cover any additional costs to the 09 department of accepting and processing applications for, and issuing, licenses, permits, 10 or tags described in this section in electronic format. 11 * Sec. 2. AS 16.05.360 is amended by adding new subsections to read: 12  (c) Notwithstanding (a) of this section, the commissioner may establish a 13 system for accepting and processing applications for, and issuing, licenses, permits, or 14 tags in electronic format if

01  (1) before issuing licenses, permits, or tags in electronic format, the 02 commissioner 03  (A) obtains the concurrence of the commissioner of public 04 safety; and 05  (B) determines that issuance in electronic format is in the state's 06 best interest; 07  (2) the system requires 08  (A) the submission of the information required by the 09 commissioner under (a) of this section; 10  (B) that the applicant have a current and valid identification 11 card at the time of application and during the use of the license, permit, or tag 12 and provide in the application information regarding the identification card; for 13 purposes of this subparagraph, an identification card must bear the photograph 14 of the applicant to be valid; 15  (C) the agreement of the applicant to 16  (i) allow the commissioner or the commissioner's agent 17 to verify the information supplied on the application; and 18  (ii) carry an identification card as described in (B) of 19 this paragraph when the license, permit, or tag is being used and to 20 produce the card and any paper license, permit, or tag issued if 21 requested by a peace officer or by another person authorized by the 22 commissioner; 23  (D) that if a paper license, permit, or tag is issued, the license, 24 permit, or tag be signed by the holder in order for the license, permit, or tag 25 to be valid; 26  (E) a notice on the application, and on the paper license, permit, 27 or tag if issued, that the provisions and penalties of AS 11.56.210 and 28 AS 16.05.420 apply to a false statement or material omission in the application 29 or on the paper license, permit, or tag if issued. 30  (d) The commissioner of fish and game and the Department of Public Safety 31 may adopt regulations to interpret or implement their respective duties in this section.

01  (e) In this section, 02  (1) "electronic" includes transmissions through the Internet, electronic 03 mail, a toll-free telephone number, or other means using telephone lines or 04 communications between electronic computing devices; 05  (2) "identification card" means a card issued by a state or federal 06 agency or other organization designated by the Department of Public Safety for the 07 purposes of identifying the holder of the card. 08 * Sec. 3. AS 16.05.380 is amended by adding a new subsection to read: 09  (b) In accordance with AS 36.30, the commissioner may enter into a contract 10 to provide for the acceptance and processing of applications for, and the issuance of, 11 licenses, permits, and tags in electronic format under AS 16.05.360. 12 * Sec. 4. AS 16.05.390 is amended by adding a new subsection to read: 13  (h) Notwithstanding (a) - (g) of this section, an agent selected by contract with 14 the commissioner under AS 16.05.380(b) to accept applications and to issue licenses, 15 permits, and tags in electronic format, and to collect related fees on behalf of the 16 department is entitled to only the fees and compensation set by the contract. The 17 terms of payment, transmittals, reports, and other matters regarding the agent shall be 18 established by the contract. 19 * Sec. 5. AS 16.05.420 is amended by adding a new subsection to read: 20  (d) For purposes of this section, "application" includes statements or other 21 recorded information transmitted by an applicant in order to apply electronically for 22 a license, permit, or tag under AS 16.05.360. 23 * Sec. 6. AS 16.05.420 is amended by adding a new subsection to read: 24  (e) If requested by a peace officer or other person authorized by the 25 commissioner, a person who states that a license, permit, or tag was issued in 26 electronic format under AS 16.05.360 shall 27  (1) immediately produce a current and valid identification card as 28 required by AS 16.05.360; and 29  (2) provide complete and correct information to the officer or other 30 person about the status and validity of the license, permit, or tag that was issued in 31 electronic format.

01 * Sec. 7. Section 6 of this Act takes effect on the date of the determination by the 02 commissioner of fish and game under AS 16.05.360(c)(1)(B), enacted by sec. 2 of this Act, 03 that issuance of certain licenses, permits, and tags in electronic format is in the state's best 04 interest. The commissioner of fish and game shall notify the revisor of statutes and the 05 lieutenant governor of the date of the determination.