SB 63: "An Act relating to the Alaska Sport Fishing Industry Marketing Council and a nonresident sport fishing license surcharge."

00SENATE BILL NO. 63 01 "An Act relating to the Alaska Sport Fishing Industry Marketing Council and a 02 nonresident sport fishing license surcharge." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 44.33 is amended by adding new sections to read: 05 ARTICLE 8A. ALASKA SPORT FISHING INDUSTRY 06 MARKETING COUNCIL. 07  Sec. 44.33.750. ALASKA SPORT FISHING INDUSTRY MARKETING 08 COUNCIL. (a) The Alaska Sport Fishing Industry Marketing Council is established 09 as an agency of the state in the Department of Commerce and Economic Development. 10  (b) It is in the best interests of the state to promote the state as a sport fishing 11 destination through a cooperative marketing program. 12  Sec. 44.33.755. MANAGEMENT OF COUNCIL. (a) The commissioner 13 shall contract with a single qualified trade association to jointly manage the council. 14 The term of a contract under this section may not be less than three years.

01  (b) The governing body of the council is a board consisting of 19 members and 02 subject to the following provisions: 03 (1) a board member shall 04  (A) be substantially involved in the sport fishing industry; 05  (B) have training in a field such as marketing; 06  (C) be an officer or a senior staff member of a local 07 government or nonprofit enterprise established to promote the sport fishing 08 industry; or 09  (D) have business or government expertise that would materially 10 enhance the member's ability to contribute to the planning, execution, or 11 evaluation of a sport fishing industry promotional marketing campaign; 12  (2) a qualified trade association that has contracted with the 13 commissioner under (a) of this section may nominate nine board members; if the 14 governor chooses not to appoint a person nominated by the trade association, the 15 governor may request additional nominations from the trade association; 16  (3) the governor shall appoint 10 other board members; 17  (4) each board member serves at the pleasure of the governor; in 18 making appointments to the board under (2) and (3) of this subsection, the governor 19 shall ensure that the board is broadly representative of the different regions of the state 20 and the various sectors of the sport fishing industry; 21  (5) 10 members of the board constitute a quorum for the transaction of 22 business and the exercise of the powers and duties of the board, and any action by the 23 board requires 10 affirmative votes; 24  (6) the board shall elect necessary officers from among its members 25 annually; 26  (7) a board member may not participate or vote by proxy; 27  (8) the board shall meet at least two times a year at the call of the chair 28 or upon the written request of seven members of the board; 29  (9) the members of the board serve staggered three-year terms, subject 30 to continuation of the contract, and may be reappointed; 31  (10) a person appointed to fill a vacancy on the board holds office for

01 the balance of the term of the person's predecessor; 02  (11) board members receive no salary for serving in that position, but 03 are entitled to per diem and travel expenses authorized under AS 39.20.180, except that 04 they are entitled to per diem and travel expenses for travel only for the percentage of 05 total travel that occurs within the state. 06  (c) A contract or grant entered into by the council is not effective until signed 07 by the director. 08  Sec. 44.33.760. POWERS OF THE BOARD. (a) The board may 09  (1) adopt a logo for the council; 10  (2) adopt, amend, and repeal regulations relating to the internal 11 management and operations of the council, including the granting of distribution rights 12 to mailing lists; 13  (3) enter into agreements necessary to perform its functions; 14  (4) cooperate with a public or private board, organization, or agency 15 engaged in work or activities similar to the work or activities of the council, including 16 entering into contracts for joint programs of sport fishing advertising and marketing; 17  (5) contract with persons in the private sector to provide services 18 necessary to perform its functions; 19  (6) receive contributions of money; 20  (7) establish one office in the state and otherwise incur expenses 21 incidental to the performance of its duties; 22  (8) appear on behalf of the council before boards, commissions, 23 departments, or other agencies of municipal, state, or federal government; 24  (9) acquire, hold, lease, sell, or otherwise dispose of personal property 25 and lease real property; but such personal and real property is limited to that which is 26 necessary to the administrative functions of the council; 27  (10) appoint committees comprised of board and nonboard members; 28 the chair of each committee shall be a board member; 29  (11) prepare and implement plans for the promotion of travel to and 30 inside the state for sport fishing purposes; 31  (12) contract with the qualified trade association to sell, at fair market

01 value, sport fishing advertising space in publications and promotional materials 02 developed by the council; and 03  (13) provide space to the qualified trade association in publications and 04 promotional materials developed by the council if the trade association has contracted 05 with the department under AS 44.33.755(a) and pays its pro rata share of the 06 production costs for the publication or promotional material. 07  (b) The board may not hire employees. 08  Sec. 44.33.765. DUTIES OF THE COUNCIL. (a) The council shall 09  (1) conduct a sport fishing marketing program designed to accomplish 10 the purposes of AS 44.33.750 - 44.33.780; 11  (2) prepare and implement plans for the promotion of sport fishing in 12 the state, including necessary research; 13  (3) submit an annual report to the governor and the legislature 14 describing the activities of the council; 15  (4) make available to all interested persons, including sport fishing 16 businesses, a quarterly report of the council's actions and activities; 17  (5) annually submit a proposed operating budget to the director to be 18 used by the Department of Commerce and Economic Development to prepare and 19 submit the operating budget of the council under AS 44.33.770; 20  (6) provide advice, on the request of the director, on the programs of 21 the division of tourism; 22  (7) submit a report to the legislature, by the 10th day of each regular 23 session, describing how the contractual money was spent in the first half of the year 24 and explaining the plan for expenditures during the second half of the year. 25  (b) In performing its functions under AS 44.33.750 - 44.33.780, the council 26 may not favor a particular sport fishing business entity or other person. 27  Sec. 44.33.770 COUNCIL BUDGET AND RECEIPTS. (a) The operating 28 budget of the council shall be prepared and submitted under AS 37.07 (Executive 29 Budget Act). 30  (b) The council shall deposit money received under AS 44.33.750 - 44.33.780 31 in the general fund.

01  Sec. 44.33.775. NONRESIDENT SPORT FISHING LICENSE SURCHARGE. 02 (a) In addition to the fee for a nonresident sport fishing license established under 03 AS 16.05.340(a), a nonresident who purchases a nonresident sport fishing license shall 04 also pay a surcharge of $5. The surcharge shall be imposed on the sale of nonresident 05 sport fishing licenses 30 days after the commissioner has entered into a contract under 06 AS 44.33.755(a) for joint management of the council. Unless the commissioner has 07 already entered into a new contract for joint management of the council before the 08 termination of an existing contract for joint management of the council, the surcharge 09 shall be discontinued 30 days after the termination of a contract entered into under 10 AS 44.33.755(a) for the joint management of the council. The surcharge shall be 11 reimposed if the commissioner subsequently enters into a new contract for joint 12 management of the council. The commissioner shall immediately inform the 13 Department of Fish and Game upon entering into or upon termination of a contract that 14 will result in imposition or discontinuance of the surcharge authorized under this 15 subsection. 16  (b) The money collected under the surcharge imposed under (a) of this section 17 shall be deposited into the fish and game fund. 18  (c) The legislature may appropriate from the general fund or other fund source 19 an amount equal to the amount of the surcharge deposited into the fish and game fund 20 under this section to the Department of Commerce and Economic Development for the 21 operations of the council. 22  Sec. 44.33.780. DEFINITIONS. In AS 44.33.750 - 44.33.780, 23  (1) "board" means the board of the Alaska Sport Fishing Industry 24 Marketing Council; 25  (2) "commissioner" means the commissioner of commerce and 26 economic development; 27  (3) "council" means the Alaska Sport Fishing Industry Marketing 28 Council; 29  (4) "director" means the director of tourism; 30  (5) "qualified trade association" means a private, nonprofit organization 31 whose primary purpose is the promotion of sport fishing in the state and that has a

01 statewide membership comprised of representatives of all major sectors of the sport 02 fishing industry, including guides, lodge operators, air taxi operators, hotels, sport 03 fishing equipment retailers, travel agencies, and convention and visitors bureaus. 04 * Sec. 2. AS 16.05.340(a)(7) is amended to read: 05  (7) Nonresident special sport fishing license -- valid for the period 06 inscribed on the license 07  (A) For 14-day license . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 30 08  (B) For three-day license . . . . . . . . . . . . . . . . . . . . . . . . . .15 09  (C) For one-day license . . . . . . . . . . . . . . . . . . . . . . . . . . .10 10 The fees set under this paragraph do not include the surcharge that may be 11 imposed under AS 44.33.775. 12 * Sec. 3. AS 16.05.340(a)(8) is amended to read: 13  (8) Nonresident sport fishing license . . . . . . . . . . . . . . . . . . . .50 14 The fee set under this paragraph does not include the surcharge that may be 15 imposed under AS 44.33.775. 16 * Sec. 4. AS 16.05.340(a)(10) is amended to read: 17  (10) Nonresident hunting and sport fishing license . . . . . . . . . . . . . 135 18 The fee set under this paragraph does not include the surcharge that may be 19 imposed under AS 44.33.775. A nonresident may not take a big game animal without 20 previously purchasing a numbered, nontransferable, appropriate tag, issued under (15) 21 of this subsection. The tag must be affixed to the animal immediately upon capture 22 and must remain affixed until the animal is prepared for storage, consumed, or 23 exported. A tag issued but not used for an animal may be used to satisfy the tagging 24 requirement for an animal of any other species for which the tag fee is of equal or less 25 value. 26 * Sec. 5. AS 39.50.200(b) is amended by adding a new paragraph to read: 27  (55) Alaska Sport Fishing Industry Marketing Council (AS 44.33.750); 28 * Sec. 6. AS 44.33.120(b) is amended to read: 29  (b) The Alaska division of tourism shall 30  (1) cooperate with the tourism marketing council, sport fishing 31 industry marketing council, and organizations in the private sector for the promotion

01 and development of tourism and conventions into and within the state; 02  (2) coordinate with municipal, state, and federal agencies for the 03 development and promotion of tourism resources and conventions in the state; 04  (3) review and approve the procurement documents and procedures of 05 the tourism marketing council and sport fishing industry marketing council to 06 ensure compliance with applicable laws and regulations; 07  (4) promote and develop the state's tourist and convention industry by 08 any of the following: 09  (A) publicizing state attractions through such means as display 10 advertising in magazines and newspapers, advertising on radio and television 11 or other advertising media, publishing pamphlets, brochures, and other graphic 12 and pictorial materials, or by aiding and assisting representatives of the media, 13 to ensure greater coverage of the visitor attractions in the state; 14  (B) participation in travel shows; 15  (C) increasing the awareness of the citizens of the state at the 16 statewide, regional, and community level of the economic importance of the 17 visitor industry; 18  (D) assisting potential investors in creating new visitor facilities; 19  (E) administering programs of the state in which the state 20 provides matching funds for municipalities of the state or nonprofit 21 organizations that undertake the promotion of visitor travel to and the 22 development of visitor amenities in the state; 23  (F) administering visitor information centers; 24  (G) conducting research to evaluate the effectiveness of the 25 tourism marketing council's marketing programs and the sport fishing 26 industry marketing council's marketing programs; 27  (H) analyzing the effect on the state's visitor industry of state 28 land and resource development projects; 29  (I) organizing, administering, and evaluating demonstration 30 projects for the promotion of the state's visitor industry and the development 31 of new tourism destination markets; and

01  (J) administering grants under AS 44.33.135. 02 * Sec. 7. AS 44.66.010(a) is amended by adding a new paragraph to read: 03  (20) Alaska Sport Fishing Industry Marketing Council (AS 44.33.750) 04 -- December 30, 1999.