Enrolled HB 229: Relating to the duties of the Big Game Commercial Services Board; relating to activities, including violations and penalties, under the supervision of the Big Game Commercial Services Board; creating a retired status license for certain retired guides and outfitters; and providing for an effective date.
00Enrolled HB 229 01 Relating to the duties of the Big Game Commercial Services Board; relating to activities, 02 including violations and penalties, under the supervision of the Big Game Commercial 03 Services Board; creating a retired status license for certain retired guides and outfitters; and 04 providing for an effective date. 05 _______________ 06 * Section 1. AS 08.54.600(c) is amended to read: 07 (c) In addition to the regulations required under (a) of this section, the 08 [THE] board may adopt regulations [AS] the board considers appropriate, including 09 regulations to 10 (1) establish a code of ethics for professions regulated by the board; 11 (2) establish requirements for the contents of written contracts to 12 provide big game hunting services and transportation services to clients; 13 (3) authorize the department to request a copy of a big game hunting 14 services or transportation services contract entered into by a person licensed under this
01 chapter. 02 * Sec. 2. AS 08.54 is amended by adding a new section to read: 03 Sec. 08.54.608. Retired status license. (a) On retiring from guiding or 04 outfitting, or both, and on payment of an appropriate one-time fee, an individual who 05 has held a license issued under AS 08.54.610, 08.54.620, or 08.54.630 that has not 06 been suspended or revoked under AS 08.54.710 may apply for a retired status license. 07 The retired status license shall indicate whether the individual was licensed as a master 08 guide-outfitter, registered guide-outfitter, class-A assistant guide, or assistant guide. 09 An individual holding a retired status license may not guide, outfit, or take charge of a 10 camp in the state under the retired status license. A retired status license is valid for 11 the life of the license holder and does not require renewal. 12 (b) An individual with a retired status license issued under (a) of this section 13 may apply for a new registered guide-outfitter license under AS 08.54.610, a new 14 class-A assistant guide license under AS 08.54.620, or a new assistant guide license 15 under AS 08.54.630. 16 * Sec. 3. AS 08.54.610(d) is amended to read: 17 (d) Notwithstanding AS 08.54.750, a [A] person who is licensed as a 18 registered guide-outfitter may be employed by another registered guide-outfitter to 19 provide the services of 20 (1) a class-A assistant guide in a game management unit if the 21 registered guide-outfitter providing the services of a class-A assistant guide is 22 able to demonstrate, to the satisfaction of the board, adequate knowledge of and 23 experience in the game management unit; and 24 (2) an [PERFORM THE FUNCTIONS OF A REGISTERED GUIDE- 25 OUTFITTER OR CLASS-A ASSISTANT GUIDE IN THE GAME MANAGEMENT 26 UNIT FOR WHICH THE PERSON IS CERTIFIED UNDER AS 08.54.600 OR OF 27 AN] assistant guide in any game management unit. 28 * Sec. 4. AS 08.54.610(e) is amended to read 29 (e) A registered guide-outfitter who contracts for a guided hunt shall be 30 primarily 31 [(1) PHYSICALLY PRESENT IN THE FIELD WITH THE CLIENT
01 AT LEAST ONCE DURING THE CONTRACTED HUNT; AND 02 (2)] in the field supervising and participating in the contracted hunt. 03 The contracting registered guide-outfitter shall also conduct the hunt, unless the 04 hunt, under regulations adopted by the board, is being conducted by a class-A 05 assistant guide or a registered guide-outfitter employed by the contracting registered 06 guide-outfitter. 07 * Sec. 5. AS 08.54.710 is amended by adding a new subsection to read: 08 (j) The board may suspend or permanently revoke a transporter license or any 09 class of guide license if the board finds after a hearing that the licensee engaged in 10 conduct involving unprofessionalism, moral turpitude, or gross immorality. 11 * Sec. 6. AS 08.54.720(f) is amended to read: 12 (f) In addition to the penalties set out in (b) - (e) of this section and a 13 disciplinary sanction imposed under AS 08.54.710, 14 (1) the court may order the board to suspend the guide license or 15 transporter license of a person who commits a misdemeanor offense set out in (a)(1), 16 (3) - (5), (7), (8), (17), (18), or (19) of this section for a specified period of not more 17 than three years; 18 (2) the court shall order the board to suspend the guide license or 19 transporter license of a person who commits a misdemeanor offense set out in (a)(2) or 20 (9) - (14) [(8) - (14)] of this section for a specified period of not less than one year and 21 not more than five years; 22 (3) the court shall order the board to suspend the guide license or 23 transporter license for a specified period of not less than three years, or to permanently 24 revoke the guide license or transporter license, of a person who commits an offense set 25 out in (a)(15) or (16) of this section; and 26 (4) all guns, fishing tackle, boats, aircraft, automobiles, or other 27 vehicles, camping gear, and other equipment and paraphernalia used in, or in aid of, a 28 violation of (a) of this section may be seized by persons authorized to enforce this 29 chapter and may be forfeited to the state as provided under AS 16.05.195. 30 * Sec. 7. AS 08.54.770(a) is amended to read: 31 (a) The department shall set fees under AS 08.01.065 for each of the
01 following: 02 (1) registered guide-outfitter license; 03 (2) class-A assistant guide license; 04 (3) assistant guide license; 05 (4) transporter license; 06 (5) retired status license; 07 (6) license application fee. 08 * Sec. 8. AS 08.54.790 is amended by adding new paragraphs to read: 09 (11) "any class of guide license" does not include a retired status 10 license issued under AS 08.54.608; 11 (12) "licensee" means a person to whom a license, other than a retired 12 status license, has been issued under this chapter. 13 * Sec. 9. Sections 3 - 5 of this Act take effect April 1, 2013. 14 * Sec. 10. Except as provided in sec. 9 of this Act, this Act takes effect immediately under 15 AS 01.10.070(c).