Enrolled HB 267: Relating to authorizing the state to join with other states entering into the Wildlife Violator Compact; excluding commercial fishing and big game commercial hunting services from the provisions of the compact; and directing the initiation of civil actions to revoke appropriate licenses in this state based on a licensee's violation of or failure to comply with the terms of a wildlife resource citation issued in another state that is a party to the compact.
00Enrolled HB 267 01 Relating to authorizing the state to join with other states entering into the Wildlife Violator 02 Compact; excluding commercial fishing and big game commercial hunting services from the 03 provisions of the compact; and directing the initiation of civil actions to revoke appropriate 04 licenses in this state based on a licensee's violation of or failure to comply with the terms of a 05 wildlife resource citation issued in another state that is a party to the compact. 06 _______________ 07 * Section 1. AS 16.05 is amended by adding a new section to read: 08 Sec. 16.05.332. Wildlife Violator Compact. The Wildlife Violator Compact 09 as contained in this section is enacted into law and entered into on behalf of the State 10 of Alaska with any other states legally joining it in a form substantially as follows: 11 ARTICLE I 12 FINDINGS, DECLARATION OF POLICY, AND PURPOSES
01 Section 1. Findings. The party states find that 02 (a) Wildlife resources are managed in trust by the respective states for the 03 benefit of all residents and visitors. 04 (b) The protection of their respective wildlife resources are materially affected 05 by the degree of compliance with state statute, regulation, ordinance, or administrative 06 rule relating to the management of those resources. 07 (c) The preservation, protection, management, and restoration of wildlife 08 contributes immeasurably to the aesthetic, recreational, and economic aspects of those 09 natural resources. 10 (d) Wildlife resources are valuable without regard to political boundaries and, 11 therefore, all persons must be required to comply with wildlife preservation, 12 protection, management, and restoration statutes, ordinances, and administrative rules 13 and regulations of all party states as a condition precedent to the continuance or 14 issuance of any license to hunt, fish, trap, or possess wildlife. 15 (e) The violation of wildlife laws interferes with the management of wildlife 16 resources and may endanger the safety of persons and property. 17 (f) The mobility of many wildlife law violators necessitates the maintenance 18 of channels of communications among the various states. 19 (g) In most instances, a person who is cited for a wildlife violation in a state 20 other than the person's home state 21 (1) must post collateral or a bond to secure the person's appearance for 22 a trial at a later date; 23 (2) if unable to post collateral or a bond, is taken into custody until the 24 collateral or bond is posted; or 25 (3) is taken directly to court for an immediate appearance. 26 (h) The purpose of the enforcement practices described in (g) of this section is 27 to ensure compliance with the terms of a wildlife citation by the person who, if 28 permitted to continue on the person's way after receiving the citation, could return to 29 the person's home state and disregard the person's duty under the terms of the citation. 30 (i) In most instances, a person receiving a wildlife citation in the person's 31 home state is permitted to accept the citation from the officer at the scene of the
01 violation and continue immediately on the person's way after agreeing to comply with 02 the terms of the citation. 03 (j) The practice described in (g) of this section causes unnecessary 04 inconvenience and, at times, a hardship for the person who is unable at the time to post 05 collateral, furnish a bond, stand trial, or pay a fine and, therefore, is compelled to 06 remain in custody until another arrangement is made. 07 (k) The enforcement practices described in (g) of this section consume an 08 undue amount of law enforcement time. 09 Sec. 2. Policies. The policies of the party states are to 10 (a) Promote compliance with the statutes, ordinances, regulations and 11 administrative rules relating to management of wildlife resources in their respective 12 states. 13 (b) Recognize the suspension of wildlife license privileges of any person 14 whose license privileges have been suspended by a party state and treat the suspension 15 as if it had occurred in their state. 16 (c) Allow a violator to accept a wildlife citation, except as provided in 17 subsection (b) of article III, and proceed on the person's way without delay whether or 18 not the person is a resident in the state in which the citation was issued if the person's 19 home state is a party to this compact. 20 (d) Report to the appropriate party state, as provided in the compact manual, 21 any conviction recorded against any person whose home state was not the issuing 22 state. 23 (e) Allow the home state to recognize and treat convictions recorded for its 24 residents which occurred in another party state as if they had occurred in the home 25 state. 26 (f) Extend cooperation to its fullest extent among the party states for obtaining 27 compliance with the terms of a wildlife citation issued in one party state to a resident 28 of another party state. 29 (g) Maximize the effective use of law enforcement personnel and information. 30 (h) Assist court systems in the efficient disposition of wildlife violations. 31 Sec. 3. Purposes. The purposes of this compact are to:
01 (a) Provide a means by which the party states may participate in a reciprocal 02 program to carry out the policies set forth in section 2 of this article in a uniform and 03 orderly manner. 04 (b) Provide for the fair and impartial treatment of wildlife violators operating 05 within party states in recognition of the persons' right of due process in the sovereign 06 status of a party state. 07 ARTICLE II 08 DEFINITIONS 09 As used in this compact, unless the context otherwise requires, 10 (a) "Citation" means any summons, complaint, summons and complaint, ticket, 11 penalty assessment or other official document issued by a wildlife officer or other 12 peace officer for a wildlife violation containing an order that requires the person to 13 respond. 14 (b) "Collateral" means any cash or other security deposited to secure an 15 appearance for trial in connection with the issuance by a wildlife officer or other peace 16 officer of a citation for a wildlife violation. 17 (c) "Compliance" means the act of answering a citation by appearing in a court 18 or tribunal or the payment of fines, costs, or surcharges, if any. 19 (d) "Conviction" means a conviction, including any court conviction, of any 20 offense related to the preservation, protection, management, or restoration of wildlife 21 which is prohibited by state statute, regulation, ordinance, or administrative rule, or a 22 forfeiture of bail, bond, or other security deposited to secure the appearance of a 23 person charged with any such offense, or the payment of a penalty assessment or a 24 plea of nolo contendere, or the imposition of a deferred or suspended sentence by the 25 court. 26 (e) "Court" means a court of law, including magistrate's court and the justice of 27 the peace court. 28 (f) "Home state" means the state of primary residence of a person. 29 (g) "Issuing state" means the party state that issues a wildlife citation. 30 (h) "License" means any license, permit, or other public document that 31 conveys to the person to whom it is issued the privilege of pursuing, possessing, or
01 taking any wildlife regulated by statute, regulation, ordinance, or administrative rule 02 of a party state. 03 (i) "Licensing authority" means 04 (1) in each other party state, the department or division within the party 05 state that is authorized by law to issue or approve licenses or permits to hunt, fish, 06 trap, or possess wildlife; and 07 (2) in this state, the Department of Public Safety. 08 (j) "Party state" means any state that enacts legislation to become a member of 09 this compact. 10 (k) "Personal recognizance" means an agreement by a person made at the time 11 of the issuance of the wildlife citation that the person will comply with the terms of 12 that citation. 13 (l) "State" means any state, territory, or possession of the United States, the 14 District of Columbia, Commonwealth of Puerto Rico, Provinces of Canada, or any 15 other countries. 16 (m) "Suspension" means any revocation, denial, or withdrawal of any license 17 privileges, including the privilege to apply for, purchase, or exercise the benefits 18 conferred by any license. 19 (n) "Terms of the citation" means those conditions and options expressly stated 20 in the citation. 21 (o) "Wildlife" means all species of animals, including, but not limited to, 22 mammals, birds, fish, reptiles, amphibians, mollusks and crustaceans, that are defined 23 as wildlife and are protected or otherwise regulated by statute, regulation, ordinance, 24 or administrative rule in a party state. Species included in the definition of wildlife 25 vary from state to state and a determination of whether a species is wildlife for the 26 purposes of this compact must be based on local law. In this state, "wildlife" means all 27 species of fish and game as these terms are defined in AS 16.05.940. 28 (p) "Wildlife law" means any statute, regulation, ordinance, or administrative 29 rule enacted to manage wildlife resources and the use thereof. 30 (q) "Wildlife officer" means any person authorized by a party state to issue a 31 citation for a wildlife violation.
01 (r) "Wildlife violation" means any cited violation of statute, regulation, 02 ordinance, or administrative rule enacted to manage wildlife resources and the use 03 thereof. 04 ARTICLE III 05 PROCEDURES FOR ISSUING STATE 06 Issuing state procedures are as follows: 07 (a) When issuing a citation for a wildlife violation, a wildlife officer shall issue 08 a citation to any person whose primary residence is in a party state in the same manner 09 as if the person were a resident of the home state. The wildlife officer may not require 10 the person to post collateral to secure that person's appearance, subject to the 11 exceptions set forth in paragraph (b) of this article, if the officer receives the person's 12 personal recognizance that the person will comply with the terms of the citation. 13 (b) Personal recognizance is permissible if 14 (1) it is not prohibited by local law or the compact manual; and 15 (2) the violator provides adequate proof of the violator's identity to the 16 wildlife officer. 17 (c) Upon conviction or failure of a person to comply with the terms of a 18 wildlife citation, the appropriate officer shall report the conviction or the failure to 19 comply to the licensing authority of the party state in which the wildlife citation was 20 issued. The report must be made in accordance with the procedures specified by the 21 issuing state and contain information as specified in the compact manual as minimum 22 requirements for effective processing by the home state. 23 (d) Upon the receipt of the report of conviction or noncompliance required by 24 (c) of this article, the licensing authority of the issuing state shall transmit to the 25 licensing authority in the home state of the violator the information in the manner 26 prescribed in the compact manual. 27 ARTICLE IV 28 PROCEDURES FOR HOME STATE 29 Home state procedures are as follows: 30 (a) Upon the receipt of a report of failure to comply with the terms of a citation 31 from the licensing authority of the issuing state, the licensing authority of the home
01 state shall notify the violator and begin a suspension action in accordance with the 02 home state's suspension procedures. The licensing authority of the home state shall 03 suspend the violator's license privileges until satisfactory evidence of compliance with 04 the terms of the wildlife citation has been furnished by the issuing state to the home 05 state licensing authority. Due process rights must be accorded to the violator. 06 (b) Upon the receipt of a report of conviction from the licensing authority of 07 the issuing state, the licensing authority of the home state shall enter the conviction in 08 its records and consider the conviction as if it had occurred in the home state for the 09 purposes of the suspension of license privileges. 10 (c) The licensing authority of the home state shall maintain a record of actions 11 taken and make reports to the issuing states as provided in the compact manual. 12 ARTICLE V 13 RECIPROCAL RECOGNITION OF SUSPENSION 14 The party states agree that 15 (a) all party states shall recognize the suspension of license privileges of any 16 person by any state as if the violation on which the suspension is based had occurred 17 in their state and would have been the basis for suspension of license privileges in 18 their state. 19 (b) each party state shall communicate information concerning the suspension 20 of license privileges to the other party states in the manner prescribed in the compact 21 manual. 22 ARTICLE VI 23 APPLICABILITY OF OTHER LAWS 24 The party states agree that, except as expressly required by the provisions of this 25 compact, nothing included in this compact shall be construed to affect the right of any 26 party state to apply any of its laws relating to license privileges to any person or 27 circumstance or to invalidate or prevent any agreement or other cooperative 28 arrangements between a party state and a nonparty state concerning wildlife law 29 enforcement. 30 ARTICLE VII 31 COMPACT ADMINISTRATOR PROCEDURES
01 The party states agree that 02 (a) For the purpose of administering the provisions of this compact and to 03 serve as a governing body for the resolution of all matters relating to the operation of 04 this compact, a board of compact administrators is hereby established. The board must 05 be composed of one representative from each of the party states to be known as the 06 compact administrator. The compact administrator shall be appointed by the head of 07 the licensing authority of each party state and shall serve and be subject to removal in 08 accordance with the laws of the state that the compact administrator represents. A 09 compact administrator may provide for the discharge of the compact administrator's 10 duties and the performance of the compact administrator's functions as a board 11 member by an alternate. An alternate may not serve unless written notification of the 12 alternate's identity has been given to the board. 13 (b) Each member of the board of compact administrators is entitled to one 14 vote. No action of the board is binding unless taken at a meeting at which a majority 15 of the total number of votes on the board are cast in favor thereof. Action by the board 16 must be only at a meeting at which a majority of the party states are represented. 17 (c) The board shall elect annually, from its membership, a chair and vice chair. 18 (d) The board shall adopt bylaws, not inconsistent with the provisions of this 19 compact or the laws of a party state, for the conduct of its business and may amend or 20 rescind its bylaws. 21 (e) The board may accept for any of its purposes and functions under this 22 compact any donations and grants of money, equipment, supplies, materials, and 23 services, conditional or otherwise, from any state, the United States, or any 24 governmental agency and may receive, use, and dispose of them as it deems 25 appropriate. 26 (f) The board may contract with, or accept services or personnel from, any 27 governmental or intergovernmental agency, person, firm, corporation, or private 28 nonprofit organization or institution. 29 (g) The board shall establish all necessary procedures and develop uniform 30 forms and documents for administering the provisions of this compact. All procedures 31 and forms adopted pursuant to board action must be included in the compact manual.
01 ARTICLE VIII 02 ENTRY INTO AND WITHDRAWAL FROM COMPACT 03 The party states agree that 04 (a) This compact becomes effective upon adoption by at least two states. 05 (b) Entry into the compact must be made by a resolution of ratification 06 executed by the authorized officers of the applying state and submitted to the chairman 07 of the board of compact administrators. 08 (c) The resolution must be in a form and content as provided in the compact 09 manual and include 10 (1) a citation of the authority by which the state is authorized to become 11 a party to this compact; 12 (2) an agreement to comply with the terms and provisions of the 13 compact; and 14 (3) a statement that entry into the compact is with all states then party 15 to the compact and with any state that legally becomes a party to the compact. 16 (d) The effective date of entry must be specified by the applying state, except 17 that the effective date must not be less than 60 days after notice has been given by 18 (1) the chair of the board of the compact administrators; or 19 (2) the secretary of the board of compact administrators to each party 20 state that the resolution from the applying state has been received. 21 (e) A party state may withdraw from the compact by giving official written 22 notice to the other party states. A withdrawal does not take effect until 90 days after 23 the notice of withdrawal is given. The notice must be directed to the compact 24 administrator of each party state. The withdrawal of a party state does not affect the 25 validity of the compact as to the remaining party states. 26 ARTICLE IX 27 AMENDMENTS TO THE COMPACT 28 The party states agree that 29 (a) This compact may be amended from time to time. Amendments must be 30 presented in resolution form to the chair of the board of compact administrators and 31 may be proposed by one or more party states.
01 (b) The adoption of an amendment must be endorsed by all party states and 02 becomes effective 30 days after the date the last party state endorses the amendment. 03 (c) The failure of a party state to respond to the chair of the board of compact 04 administrators within 120 days after the receipt of the proposed amendment constitutes 05 an endorsement. 06 ARTICLE X 07 CONSTRUCTION AND SEVERABILITY 08 The party states agree that this compact must be liberally construed so as to carry out 09 the purposes stated in the compact. The provisions of this compact are severable and if 10 any phrase, clause, sentence or provision of the compact is declared to be contrary to 11 the constitution of any party state or the United States or the applicability thereof to 12 any government, agency, person, or circumstance is held invalid, the validity of the 13 remainder of the compact is not affected thereby. If this compact is held contrary to 14 the constitution of any party state thereto, the compact remains in effect as to the 15 remaining states and to the state affected as to all severable matters. 16 ARTICLE XI 17 TITLE 18 The party states agree that this compact will be known as the Wildlife Violator 19 Compact. 20 * Sec. 2. AS 16.05 is amended by adding a new section to read: 21 Sec. 16.05.334. Application of Wildlife Violator Compact. The provisions of 22 AS 16.05.332 do not apply to violations involving 23 (1) commercial fishing; or 24 (2) commercial activities of providers of services to big game hunters; 25 for purposes of this section, "services to big game hunters" has the meaning given to 26 "big game hunting services" under AS 08.54.790. 27 * Sec. 3. AS 16.05.410 is amended by adding a new subsection to read: 28 (h) For purposes of enforcement of the provisions of the Wildlife Violator 29 Compact entered into under AS 16.05.332, upon the receipt of a report that a violator 30 has failed to comply with the terms of a citation for a wildlife violation issued by an 31 issuing state other than this state or of the violator's conviction of a wildlife violation
01 in an issuing state other than this state, a peace officer may file a civil action in the 02 district court to revoke the comparable license or licenses that the violator holds in this 03 state. Once an action has been filed, the court shall set a time and date for a hearing on 04 the proposed license revocation or revocations and shall send notice of the hearing to 05 the violator. The hearing shall be before the court without a jury. At the hearing, the 06 court shall hear evidence regarding the nature and seriousness of the offense for which 07 the violator was convicted or the nature and seriousness of the failure to comply with 08 the citation, the time period involved, the potential effect of the violator's actions on 09 the preservation of the resource, and other relevant circumstances. If the court finds by 10 a preponderance of the evidence that the violator's actions demonstrate a disregard for 11 the preservation of wildlife resources, the court may revoke the violator's license or 12 licenses for a period of not less than one year or more than three years from the date of 13 revocation. In this subsection, the terms "issuing state," "wildlife," and "wildlife 14 violation" have the meanings given in AS 16.05.332.