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HB 286: "An Act relating to sport fishing, hunting, or trapping licenses, tags, or permits; relating to penalties for certain sport fishing, hunting, and trapping license violations; relating to restrictions on the issuance of sport fishing, hunting, and trapping licenses; creating violations and amending fines and restitution for certain fish and game offenses; relating to commercial fishing violations; allowing lost federal matching funds from the Pittman - Robertson, Dingell - Johnson/Wallop - Breaux programs to be included in an order of restitution; adding a definition of 'electronic form'; amending Rule 5(a)(4), Alaska Rules of Minor Offense Procedure; and providing for an effective date."

00                             HOUSE BILL NO. 286                                                                          
01 "An Act relating to sport fishing, hunting, or trapping licenses, tags, or permits; relating                            
02 to penalties for certain sport fishing, hunting, and trapping license violations; relating to                           
03 restrictions on the issuance of sport fishing, hunting, and trapping licenses; creating                                 
04 violations and amending fines and restitution for certain fish and game offenses; relating                              
05 to commercial fishing violations; allowing lost federal matching funds from the Pittman                                 
06 - Robertson, Dingell - Johnson/Wallop - Breaux programs to be included in an order of                                   
07 restitution; adding a definition of 'electronic form'; amending Rule 5(a)(4), Alaska Rules                              
08 of Minor Offense Procedure; and providing for an effective date."                                                       
09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
10    * Section 1. AS 16.05.330(a) is amended to read:                                                                   
11            (a)  Except as otherwise permitted in this chapter, without having the                                       
12       appropriate license, [OR] tag, or permit in actual possession, a person may not                           
01       engage in                                                                                                         
02                 (1)  sport fishing, including the taking of razor clams;                                                
03                 (2)  hunting or [,] trapping [, OR FUR DEALING];                                                    
04                 (3)  the farming of fish, fur, or game;                                                                 
05                 (4)  taxidermy or fur dealing; or                                                                   
06                 (5)  control of nuisance wild birds and nuisance wild small mammals                                     
07       for compensation.                                                                                                 
08    * Sec. 2. AS 16.05.330(d) is amended to read:                                                                      
09            (d)  A person may not receive a sport fishing, hunting, or trapping license or                               
10       other permit or tag issued under AS 16.05.330 - 16.05.430, if the person's right to                               
11       obtain, or exercise the privileges granted by, a sport fishing, hunting, or trapping                              
12       license is suspended or revoked in this or another state. A person who applies for a                          
13       sport fishing, hunting, or trapping license or other permit or tag issued under                                   
14       AS 16.05.330 - 16.05.430 shall sign a statement that the person's right to obtain, or                             
15       exercise the privileges granted by, a sport fishing, hunting, or trapping license is not                          
16       suspended or revoked in this or another state.                                                                
17    * Sec. 3. AS 16.05.330 is amended by adding new subsections to read:                                               
18            (f)  A person charged with violating (a)(1) or (2) of this section may not be                                
19       convicted if the person produces in court or in the office of the arresting or citing                             
20       officer, a license, tag, or permit previously issued to the person that was valid at the                          
21       time of the offense.                                                                                              
22            (g)  A license or permit may be in actual possession in paper or electronic                                  
23       form.                                                                                                             
24            (h)  Any peace officer presented with an electronic device under this section                                
25       shall be immune from any liability resulting from damage to the device.                                           
26    * Sec. 4. AS 16.05.430(a) is amended to read:                                                                      
27            (a)  Except as provided in AS 16.05.330(f), 16.05.407(b) [AS 16.05.407(b)]                               
28       and (d), 16.05.408(b), and 16.05.420(b), a person who violates AS 16.05.330 -                                     
29       16.05.420 or a regulation adopted under AS 16.05.330 - 16.05.420 is guilty of a class                         
30       A misdemeanor [AND UPON CONVICTION IS PUNISHABLE BY A FINE OF                                                 
31       NOT MORE THAN $1,000, OR BY IMPRISONMENT FOR NOT MORE THAN                                                        
01       SIX MONTHS, OR BY BOTH].                                                                                          
02    * Sec. 5. AS 16.05.430 is amended by adding new subsections to read:                                             
03            (c)  Except as provided in AS 16.05.407(b) and (d), 16.05.408(b), and                                        
04       16.05.420(b), a person who, without any culpable mental state, violates AS 16.05.330                              
05       - 16.05.420 or a regulation adopted under AS 16.05.330 - 16.05.420 is guilty of a                                 
06       violation punishable under AS 12.55.                                                                              
07            (d)  In addition to any penalty imposed under (a) or (b) of this section, a person                           
08       may be ordered to pay restitution to the state equal to the amount of any lost state or                           
09       federal matching funds from the Pittman - Robertson, Dingell - Johnson/Wallop -                                   
10       Breaux programs incurred from the person's violation of AS 16.05.330 - 16.05.420 or                               
11       a regulation adopted under AS 16.05, AS 16.20, or AS 16.40.                                                       
12    * Sec. 6. AS 16.05.722(a) is amended to read:                                                                      
13            (a)  A person who without any culpable mental state violates AS 16.05.440 -                                  
14       16.05.690, or a regulation of the Board of Fisheries or the department governing                                  
15       commercial fishing, is guilty of a violation and upon conviction is punishable by a fine                          
16       of not more than                                                                                                  
17                 (1)  $6,000 [$3,000] for a first conviction;                                                        
18                 (2)  $12,000 [$6,000] for a second conviction or for a subsequent                                   
19       conviction not described in (3) of this subsection; and                                                           
20                 (3)  $15,000 [$9,000] for a third or subsequent conviction within a 10-                             
21       year period.                                                                                                      
22    * Sec. 7. AS 16.05.722 is amended by adding a new subsection to read:                                              
23            (d)  The court shall transmit notice of all convictions under this section to the                            
24       Alaska Commercial Fisheries Entry Commission.                                                                     
25    * Sec. 8. AS 16.05.782(a) is amended to read:                                                                      
26            (a)  Except as provided in (d) of this section, a person may not take [WHO                               
27       WITH CRIMINAL NEGLIGENCE TAKES] a brown or grizzly bear within one-half                                           
28       mile of a solid waste disposal facility [IS GUILTY OF A CLASS A                                                   
29       MISDEMEANOR].                                                                                                     
30    * Sec. 9. AS 16.05.782(b) is amended to read:                                                                      
31            (b)  In addition to the penalty imposed by law under [(a) OF] this section, the                              
01       court shall order forfeiture of the hide and skull of the bear, but if the hide and skull                         
02       are not salvaged and delivered to the department then the court shall impose an                                   
03       additional fine of up to $10,000.                                                                                 
04    * Sec. 10. AS 16.05.782 is amended by adding new subsections to read:                                              
05            (f)  A person who, with criminal negligence, violates (a) of this section is                                 
06       guilty of a class A misdemeanor.                                                                                  
07            (g)  A person who, without any culpable mental state, violates (a) of this                                   
08       section is guilty of a violation punishable under AS 12.55.                                                       
09    * Sec. 11. AS 16.05.783(c) is amended to read:                                                                     
10            (c)  A person who violates this section is guilty of a class A misdemeanor [,                            
11       AND UPON CONVICTION IS PUNISHABLE BY A FINE OF NOT MORE THAN                                                      
12       $5,000, OR BY IMPRISIONMENT FOR NOT MORE THAN ONE YEAR, OR BY                                                     
13       BOTH]. In addition, the court may order the aircraft and equipment used in or in aid                              
14       of a violation of this section to be forfeited to the state.                                                      
15    * Sec. 12. AS 16.05.789 is amended by adding a new subsection to read:                                             
16            (c)  A person who, without any culpable mental state, violates this section is                               
17       guilty of a violation punishable under AS 12.55.                                                                  
18    * Sec. 13. AS 16.05.790 is amended by adding a new subsection to read:                                             
19            (g)  A person who, without any culpable mental state, violates this section is                               
20       guilty of a violation punishable under AS 12.55.                                                                  
21    * Sec. 14. AS 16.05.831(c) is amended to read:                                                                   
22            (c)  A person who violates this section or a regulation adopted under it is guilty                       
23       of a class A misdemeanor [PUNISHABLE BY A FINE OF NOT MORE THAN                                               
24       $10,000, OR BY IMPRISONMENT FOR NOT MORE THAN SIX MONTHS, OR                                                      
25       BY BOTH]. In addition, a person who violates this section is subject to a civil action                            
26       by the state for the cost of replacing the salmon wasted.                                                         
27    * Sec. 15. AS 16.05.901 is amended by adding a new subsection to read:                                             
28            (c)  A person who, without any culpable mental state, violates AS 16.05.871 -                                
29       16.05.896 is guilty of a violation punishable under AS 12.55.                                                     
30    * Sec. 16. AS 16.05.925(b) is amended to read:                                                                     
31            (b)  In addition to a penalty imposed under (a) of this section or any other                                 
01       penalty for violation of this title or a regulation adopted under this title, a person who                        
02       is convicted of unlawfully taking an animal listed in this subsection may be ordered by                           
03       the court to pay restitution to the state in the amount set out in this subsection for each                       
04       animal unlawfully taken:                                                                                          
05                 (1)  Bear, black .................................................... $900 [$600]                   
06                 (2)  Bear, brown or grizzly ................................ 1,950 [1,300]                          
07                 (3)  Bison ........................................................... 1,950 [1,300]                
08                 (4)  Caribou ....................................................... 1,275 [850]                    
09                 (5)  Deer ............................................................... 600 [400]                 
10                 (6)  Elk .............................................................. 1,200 [800]                 
11                 (7)  Goat ............................................................ 1,200 [800]                  
12                 (8)  Moose ......................................................... 1,500 [1,000]                  
13                 (9)  Musk oxen .................................................. 4,500 [3,000]                     
14                 (10)  Sheep ........................................................ 1,650 [1,100]                  
15                 (11)  Wolf ............................................................. 750 [500]                  
16                 (12)  Wolverine .................................................... 750 [500].                     
17    * Sec. 17. AS 16.05.925 is amended by adding a new subsection to read:                                             
18            (c)  A person who, without any culpable mental state, violates AS 16.05.871 -                                
19       16.05.896 is guilty of a violation punishable under AS 12.55.                                                     
20    * Sec. 18. AS 16.05.940 is amended by adding a new paragraph to read:                                              
21                 (38)  "electronic form" means the display of images on an electronic                                    
22       device such as a mobile telephone, tablet, or computer.                                                           
23    * Sec. 19. AS 16.10.030 is amended to read:                                                                        
24            Sec. 16.10.030. Penalty for violation of AS 16.10.010 - 16.10.050. A person                                
25       who violates AS 16.10.010 - 16.10.050 is guilty of a class A misdemeanor [AND,                                
26       UPON CONVICTION, IS PUNISHABLE BY A FINE OF NOT LESS THAN $100                                                    
27       NORE MORE THAN $500].                                                                                             
28    * Sec. 20. AS 16.10.030 is amended by adding a new subsection to read:                                             
29            (b)  A person who, without any culpable mental state, violates AS 16.10.010 -                                
30       16.10.050 is guilty of a violation punishable under AS 12.55.                                                     
31    * Sec. 21. AS 16.10.090 is amended to read:                                                                        
01            Sec. 16.10.090. Penalty for violation of AS 16.10.070. A person who violates                               
02       AS 16.10.070 is guilty of a class A misdemeanor [AND IS PUNISHABLE BY                                         
03       IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT                                                      
04       MORE THAN $5,000 OR BY BOTH].                                                                                     
05    * Sec. 22. AS 16.10.090 is amended by adding a new subsection to read:                                             
06            (b)  A person who, without any culpable mental state, violates AS 16.10.070 is                               
07       guilty of a violation punishable under AS 12.55.                                                                  
08    * Sec. 23. AS 16.10.110 is amended to read:                                                                        
09            Sec. 16.10.010. Penalty for violation of AS 16.10.100. A person who violates                               
10       AS 16.10.100 is guilty of a class A misdemeanor [AND IS PUNISHABLE BY                                         
11       IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR BY A FINE OF NOT                                                       
12       MORE THAN $5,000, OR BY BOTH].                                                                                    
13    * Sec. 24. AS 16.10.110 is amended by adding a new subsection to read:                                             
14            (b)  A person who, without any culpable mental state, violates AS 16.10.100 is                               
15       guilty of a violation punishable under AS 12.55.                                                                  
16    * Sec. 25. AS 16.10.130 is amended to read:                                                                        
17            Sec. 16.10.130. Penalty for violation of AS 16.10.120 or 16.10.125. A person                               
18       who violates AS 16.10.120 or 16.10.125 is guilty of class A misdemeanor [AND                                  
19       UPON CONVICTION IS PUNISHABLE BY IMPRISONMENT FOR NOT MORE                                                        
20       THAN SIX MONTHS, OR BY A FINE OF NOT MORE THAN $1,000, OR BY                                                      
21       BOTH].                                                                                                            
22    * Sec. 26. AS 16.10.130 is amended by adding a new subsection to read:                                             
23            (b)  A person who, without any culpable mental state, violates AS 16.10.120 or                               
24       16.10.125 is guilty of a violation punishable under AS 12.55.                                                     
25    * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to                         
26 read:                                                                                                                   
27            DIRECT COURT RULE AMENDMENT. Rule 5(a)(4), Alaska Rules of                                                   
28       Minor Offense Procedure, is amended to read:                                                                      
29                 (4)  Provide proof of compliance to a law enforcement agency if a                                       
30       statute, regulation, or ordinance permits dismissal of the citation upon a showing of                             
31       compliance, except that proof of compliance may also be made to the court for                                     
01       violation of AS 28.15.131 (failure to carry or exhibit license), [OR] AS 28.22.019                            
02       (proof of insurance), or AS 16.05.330 (failure to carry sport fishing, hunting, or                            
03       trapping license, tag, or permit). The court or municipality shall dismiss the citation                       
04       upon notification from the agency or proof of compliance.                                                         
05    * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to                         
06 read:                                                                                                                   
07       APPLICABILITY. This Act applies to offenses committed on or after the effective                                   
08 date of this Act.                                                                                                       
09    * Sec. 29. This Act takes effect July 1, 2016.