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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled HB 354                                                                                                         
01 Relating to dive fishery management assessment procedures.                                                              
02                           _______________                                                                               
03    * Section 1. AS 43.76.160(b) is amended to read:                                                                     
04            (b)  The dive fishery management assessment is levied under AS 43.76.150(b),                                 
05       (c), (d), (e), (f), (g), or (h), amended under AS 43.76.170, or terminated under                                
06       AS 43.76.180 in an administrative area on the effective date stated on the ballot if                            
07 (1)  the levy, amendment, or termination [ASSESSMENT] is                                                              
08 approved by a majority [VOTE] of the eligible interim-use permit and entry permit                                       
09 holders voting in the [AN] election [HELD IN THE ADMINISTRATIVE AREA                                                  
10       UNDER THIS SECTION]; [AND]                                                                                        
11                 (2)  at least 25 percent of the eligible interim-use permit and entry                                 
12       permit holders vote in the election; and                                                                        
13                 (3) the election results are certified by the commissioner of fish and                                
14       game.                                                                                                             
15    * Sec. 2. AS 43.76.160(f) is amended to read:                                                                        
01 (f)  Except as otherwise provided under AS 43.76.170 and 43.76.180, an                                                  
02 election to amend the rate of a dive fishery management assessment or to terminate a                                    
03 dive fishery management assessment shall be conducted under the same procedures                                         
04 established under (a) - (d) [(a), (c), AND (d)] of this section for an election to approve                            
05       a dive fishery management assessment.                                                                             
06    * Sec. 3. AS 43.76.170(b) is amended to read:                                                                        
07            (b)  The commissioner of revenue shall amend the rate of a dive fishery                                      
08       management assessment under (a) of this section following an election in an                                       
09       administrative area if                                                                                            
10 (1)  a petition [,] that is signed by at least 75 [25] percent of the board                                         
11 members of the qualified regional dive fishery development association                                                
12 established for the administrative area under AS 16.40.240 [NUMBER OF                                                 
13 PERSONS WHO VOTED UNDER AS 43.76.160 IN THE MOST RECENT                                                                 
14 ELECTION APPROVING OR AMENDING THE DIVE FISHERY                                                                         
15 MANAGEMENT ASSESSMENT ON THE SPECIES OF FISHERY RESOURCES                                                               
16 IN THE ADMINISTRATIVE AREA THAT ARE THE SUBJECT OF THE                                                                  
17 PETITION,] is presented to the commissioner of fish and game requesting amendment                                       
18 of the rate of the dive fishery management assessment on a species of fishery                                           
19 resources; the petition must state whether the proposed rate of the dive fishery                                        
20 management assessment is to be levied under AS 43.76.150(b), (c), (d), (e), (f), (g), or                                
21 (h); [ONLY A PERSON WHO WOULD BE ELIGIBLE TO VOTE IN AN                                                                 
22 ELECTION TO AMEND THE RATE OF THE ASSESSMENT MAY VALIDLY                                                                
23       SIGN THE PETITION;]                                                                                               
24 (2)  an election is held in accordance with AS 43.76.160; the ballot                                                    
25 must ask the question whether the dive fishery management assessment on a species of                                    
26 fishery resources taken in the administrative area shall be amended and must state                                      
27 whether the dive fishery management assessment on the species of fishery resources is                                   
28 to be levied under AS 43.76.150(b), (c), (d), (e), (f), (g), or (h) if the assessment is                                
29 amended; the ballot must be worded so that a "yes" vote is for amendment of the dive                                    
30 fishery management assessment and a "no" vote is for continuation of the current dive                                   
31       fishery management assessment;                                                                                    
01 (3)  a majority of the eligible interim-use permit and entry permit                                                     
02 holders who vote in the election cast a ballot for the amendment of the dive fishery                                    
03 management assessment; in this paragraph, "eligible interim-use permit and entry                                        
04       permit holders" has the meaning given in AS 43.76.160; and                                                        
05 (4)  the qualified regional dive fishery development association                                                        
06 provides notice of the election in accordance with AS 43.76.160 within two months                                       
07 after receiving notice from the commissioner of fish and game that the petition                                       
08 submitted by the qualified regional dive fishery development association [A                                           
09       VALID PETITION] under (1) of this subsection has been received and is valid.                                    
10    * Sec. 4. AS 43.76.180(b) is amended to read:                                                                        
11 (b)  The commissioner of revenue shall terminate a dive fishery management                                              
12       assessment under (a) of this section following an election in an administrative area if                           
13 (1)  a petition [,] that is signed by at least 75 [25] percent of the board                                         
14 members of the qualified regional dive fishery development association                                                
15 established for the administrative area under AS 16.40.240 [NUMBER OF                                                 
16 PERSONS WHO VOTED UNDER AS 43.76.160 IN THE MOST RECENT                                                                 
17 ELECTION APPROVING OR AMENDING THE DIVE FISHERY                                                                         
18 MANAGEMENT ASSESSMENT ON THE SPECIES OF FISHERY RESOURCES                                                               
19 IN THE ADMINISTRATIVE AREA THAT ARE THE SUBJECT OF THE                                                                  
20 PETITION,] is presented to the commissioner of fish and game requesting termination                                     
21 of the dive fishery management assessment on a species of fishery resources; [ONLY                                      
22 A PERSON WHO WOULD BE ELIGIBLE TO VOTE IN AN ELECTION TO                                                                
23       REPEAL THE ASSESSMENT MAY VALIDLY SIGN THE PETITION;]                                                             
24 (2)  an election is held in accordance with AS 43.76.160; the ballot                                                    
25 must ask the question whether the dive fishery management assessment on a species of                                    
26 fishery resources taken in the administrative area shall be terminated; the ballot must                                 
27 be worded so that a "yes" vote is for continuation of the dive fishery management                                       
28 assessment and a "no" vote is for termination of the dive fishery management                                            
29       assessment;                                                                                                       
30 (3)  a majority of the eligible interim-use permit and entry permit                                                     
31 holders who vote in the election cast a ballot for the termination of the dive fishery                                  
01       management assessment; in this paragraph, "eligible interim-use permit and entry                                  
02       permit holders" has the meaning given in AS 43.76.160; and                                                        
03 (4)  the qualified regional dive fishery development association                                                        
04 provides notice of the election in accordance with AS 43.76.160 within two months                                       
05 after receiving notice from the commissioner of fish and game that the petition                                       
06 submitted by the qualified regional dive fishery development association [A                                           
07       VALID PETITION] under (1) of this subsection has been received and is valid.                                    
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