00 Enrolled 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).