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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled HB 267                                                                                                         
01 Requiring the release of certain records relating to big game hunters, guided hunts, and guided                         
02 sport fishing activities to municipalities for verification of taxes payable; and providing for an                      
03 effective date.                                                                                                         
04                           _______________                                                                               
05    * Section 1. AS 08.54.760(b) is repealed and reenacted to read:                                                      
06 (b)  Except as otherwise provided in this subsection, hunt records received                                             
07 under this section and activity reports received under AS 08.54.650 are confidential                                    
08 and not subject to inspection or copying under AS 40.25.110 - 40.25.125. Aggregated                                     
09 data compiled from hunt records and activity reports may be included in reports by the                                  
10       department. The department shall make hunt records and activity reports available                                 
11                 (1)  if requested, to state agencies, federal law enforcement agencies,                                 
12       and other law enforcement agencies; and                                                                           
13                 (2)  to a municipality that levies a tax on those activities, if the                                    
14                      (A)  information concerns hunts or activities occurring within                                     
01            the four calendar years preceding the date of the request; and                                               
02                      (B)  municipality                                                                                  
03                           (i)  requests the records for the purpose of verifying                                        
04                 taxes payable; and                                                                                      
05                           (ii)  agrees to maintain the confidentiality of the records.                                  
06    * Sec. 2. AS 08.54.760 is amended by adding a new subsection to read:                                                
07            (d)  The department may charge a municipality a fee, set by the department                                   
08       under AS 37.10.050, to provide a record under (b)(2) of this section.                                             
09    * Sec. 3. AS 16.05.815(a) is amended to read:                                                                        
10 (a)  Except as provided in (b) and (c) of this section, records required by                                             
11 regulations of the department concerning the landings of fish, shellfish, or fishery                                    
12 products, and annual statistical reports of fishermen, buyers, and processors required                                  
13 by regulation of the department are confidential and may not be released by the                                         
14 department or by the Alaska Commercial Fisheries Entry Commission except as set                                         
15 out in this subsection. The department may release the records and reports set out in                                   
16 this subsection to the Alaska Commercial Fisheries Entry Commission. The                                                
17 department and the Alaska Commercial Fisheries Entry Commission may release the                                         
18 records and reports set out in this subsection to the recipients identified in this                                     
19 subsection if the recipient, other than a recipient under (6) - (10) [(5) - (9)] of this                              
20 subsection, agrees to maintain the confidentiality of the records and reports. The                                      
21       department and the Alaska Commercial Fisheries Entry Commission may release                                       
22 (1)  any of the records and reports to the National Marine Fisheries                                                    
23 Service and the professional staff of the North Pacific Fishery Management Council as                                   
24 required for preparation and implementation of the fishery management plans of the                                      
25       North Pacific Fishery Management Council within the exclusive economic zone;                                      
26 (2)  any of the records and reports to the professional staff of the                                                    
27 Pacific States Marine Fisheries Commission who are employed in the Alaska Fisheries                                     
28 Information Network project for the purpose of exchanging information with users                                        
29       authorized by the department;                                                                                     
30 (3)  any of the records and reports to the Department of Revenue to                                                     
31       assist the department in carrying out its statutory responsibilities;                                             
01 (4)  records or reports of the total value purchased by each buyer to a                                                 
02 municipality that levies and collects a tax on fish, shellfish, or fishery products if the                              
03 municipality requires records of the landings of fish, shellfish, or fishery products to                                
04       be submitted to it for purposes of verification of taxes payable;                                                 
05                 (5)  records or reports of guided sport fishing activities filed by a                                 
06       guide to a municipality that levies a tax on those activities if the                                            
07                      (A)  municipality requests the records for the purpose of                                        
08            verifying taxes payable; and                                                                               
09                      (B)  activities occurred within the four calendar years                                          
10            preceding the date of the request;                                                                         
11 (6)  such records and reports as necessary to be in conformity with a                                                 
12       court order;                                                                                                      
13 (7) [(6)]  on request, the report of a person to the person whose fishing                                             
14 activity is the subject of the report, or to a designee of the person whose fishing                                     
15       activity is the subject of the report;                                                                            
16 (8) [(7)]  on request, annual statistical reports of a fisherman, buyer, or                                           
17 processor to the fisherman, buyer, or processor whose activity is the subject of the                                    
18 report, or to a designee of the fisherman, buyer, or processor whose activity is the                                    
19       subject of the report;                                                                                            
20 (9) [(8)]  any of the records and reports to the Department of Public                                                 
21       Safety for law enforcement purposes;                                                                              
22 (10) [(9)]  fish tickets, fish ticket information, records required of sport                                          
23 fishing guides, and annual statistical reports of fishermen, buyers, and processors and                                 
24 information in those reports to the law enforcement personnel of the National Marine                                    
25 Fisheries Service and the National Oceanic and Atmospheric Administration for the                                       
26 purpose of enforcing fishery laws in waters of this state and in waters of the exclusive                                
27       economic zone adjacent to this state;                                                                             
28 (11) [(10)]  fish tickets, fish ticket information, and records required of                                           
29 sport fishing guides regarding halibut to the International Pacific Halibut Commission;                                 
30 (12) [(11)]  any of the records and reports to the child support services                                             
31 agency created in AS 25.27.010, or the child support enforcement agency of another                                      
01       state, for child support purposes authorized under law;                                                           
02 (13) [(12)]  any of the records and reports to the Department of Natural                                              
03 Resources to assist the department in carrying out its statutory responsibilities in                                    
04 regard to sport fishing operations and sport fishing guides within the Kenai River                                      
05       Special Management Area under AS 41.21.500 - 41.21.514; and                                                       
06 (14) [(13)]  fish ticket information and records or reports of the total                                              
07 value purchased by each fisherman, buyer, or processor to the National Marine                                           
08 Fisheries Service for the purpose of enforcing the industry fee system of a fishing                                     
09 capacity reduction program under 16 U.S.C. 1861a (Magnuson-Stevens Fishery                                              
10       Conservation and Management Act).                                                                                 
11    * Sec. 4. AS 16.05.815 is amended by adding a new subsection to read:                                                
12            (e) The department may charge a municipality a fee, set by the department                                    
13       under AS 37.10.050, to provide a record under (a)(5) of this section.                                             
14    * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).                                                   
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