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30th Legislature(2017-2018)

Bill Text 30th Legislature

00 Enrolled HB 260                                                                                                         
01 Relating to possession of certain licenses, tags, and permits issued by the Department of Fish                          
02 and Game; and providing for an effective date.                                                                          
03                           _______________                                                                               
04    * Section 1. AS 16.05.330(a) is amended to read:                                                                     
05            (a)  Except as otherwise permitted in this chapter, without having the                                       
06       appropriate license, [OR] tag, or permit in actual possession, a person may not                               
07       engage in                                                                                                         
08                 (1)  sport fishing, including the taking of razor clams;                                                
09                 (2)  hunting or [,] trapping [, OR FUR DEALING];                                                      
10                 (3)  the farming of fish, fur, or game;                                                                 
11                 (4)  taxidermy or fur dealing; or                                                                     
12                 (5)  control of nuisance wild birds and nuisance wild small mammals                                     
13       for compensation.                                                                                                 
14    * Sec. 2. AS 16.05.330 is amended by adding new subsections to read:                                                 
01 (f)  A person charged with violating (a)(1) or (2) of this section for failure to                                       
02 have a license in actual possession may not be convicted if the person provides, not                                    
03 later than 30 days after the issuance of the citation, evidence satisfactory to the                                     
04 arresting or citing agency of a license previously issued to the person that was valid at                               
05       the time of the offense.                                                                                          
06            (g)  A license in actual possession may be in paper or electronic form.                                      
07 (h)  A peace officer presented with an electronic device under (g) of this                                              
08 section is immune from any liability resulting from damage to the device, except that a                                 
09 peace officer may be liable for civil damages that are the result of the peace officer's                                
10       intentional misconduct.                                                                                           
11    * Sec. 3. AS 16.05.430(a) is amended to read:                                                                        
12 (a)  Except as provided in AS 16.05.330(f), 16.05.407(b) [AS 16.05.407(b)]                                            
13 and (d), 16.05.408(b), and 16.05.420(b), a person who violates AS 16.05.330 -                                           
14 16.05.420 or a regulation adopted under AS 16.05.330 - 16.05.420 is guilty of a                                         
15 misdemeanor and upon conviction is punishable by a fine of not more than $1,000, or                                     
16       by imprisonment for not more than six months, or by both.                                                         
17    * Sec. 4. This Act takes effect July 1, 2018.                                                                        
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