HB 265: "An Act relating to an annual wildlife conservation tag; relating to bond requirements for vendors of fish and game licenses, permits, and tags; and providing for an effective date."
00 HOUSE BILL NO. 265 01 "An Act relating to an annual wildlife conservation tag; relating to bond requirements 02 for vendors of fish and game licenses, permits, and tags; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 FINDINGS AND INTENT. (a) The legislature finds that 08 (1) the State of Alaska expends significant financial resources each year for 09 the purpose of fish and wildlife management; 10 (2) existing law requires hunters, fishermen, and other consumptive users of 11 fish and wildlife to obtain the appropriate licenses and to pay the associated fees; 12 (3) existing law does not assess a fee for nonconsumptive uses of fish and 13 wildlife such as fish or wildlife viewing; 14 (4) the opportunity to view fish and wildlife is a significant component of the
01 experience enjoyed by many Alaskans and visitors through the use of commercial guides, 02 outfitters, tour operators, and providers of transportation in settings where fish and wildlife 03 are present; 04 (5) persons who employ a commercial provider for an opportunity to view fish 05 and wildlife, but do not possess a hunting or fishing license, should bear their fair share of the 06 cost of fish and wildlife management in this state; 07 (6) a wildlife conservation tag will provide new revenue that may be used to 08 support fish and wildlife management programs. 09 (b) It is the intent of the Alaska State Legislature that the revenue generated by the 10 wildlife conservation tag be used to pay part of the costs of the state in providing services to 11 resident and nonresident travelers and tourists to enhance the opportunity to view and 12 experience the abundance of fish and wildlife in the state and to pay the costs of enhancing 13 the safety and efficiency of interstate and foreign commerce in the state. 14 * Sec. 2. AS 16.05.110 is amended by adding a new subsection to read: 15 (c) There is established in the fish and game fund the wildlife conservation 16 account. The proceeds from the wildlife conservation tag shall be deposited into the 17 account. The money deposited into the account may be appropriated for the purpose 18 of fish and wildlife management programs that benefit purchasers of the wildlife 19 conservation tag. 20 * Sec. 3. AS 16.05.350(a) is amended to read: 21 (a) Licenses, permits, [AND] tags, and the wildlife conservation tag required 22 under AS 16.05.330 - 16.05.430, except biennial licenses, triennial licenses, the 23 nonresident sport fishing licenses, the resident trapping license, the nonresident 24 anadromous king salmon tags, the waterfowl conservation tag, and permits having a 25 different specified expiration date, expire at the close of December 31 following 26 issuance. 27 * Sec. 4. AS 16.05.360(a) is amended to read: 28 (a) The commissioner or an authorized deputy shall issue each license, [AND] 29 tag, and wildlife conservation tag to a qualified person under written application 30 containing such reasonable information as required by the commissioner. The 31 commissioner shall designate the license, [AND] tag, and wildlife conservation tag
01 form or type. For purposes of the issuance of licenses and tags, the [THE] form or 02 type must be sufficient to identify and locate the applicant and establish the applicant's 03 status as to residency and citizenship. Each application shall be subscribed by the 04 applicant. 05 * Sec. 5. AS 16.05.380 is amended to read: 06 Sec. 16.05.380. Commissioner may appoint agents. The commissioner may 07 appoint state employees or other persons to take applications, issue licenses, permits, 08 [AND] tags, and the wildlife conservation tag, and collect fees. The commissioner 09 is not liable for defalcation or failure to account for the fees collected by any person so 10 appointed, but the commissioner shall require a bond in an adequate sum, conditioned 11 upon faithfully accounting for all money collected. However, the commissioner may 12 waive the bond requirements for the Alaska marine highway system and the 13 Alaska Railroad Corporation or for [OF] an instrumentality of the United States or 14 its agents and employees when the instrumentality or its agents or employees sell 15 licenses, permits, [OR] tags, or the wildlife conservation tag primarily to persons in 16 the armed forces. Each person, upon appointment by the commissioner, may 17 administer oaths on applications for licenses, permits, [AND] tags, and the wildlife 18 conservation tag. 19 * Sec. 6. AS 16.05.390(a) is amended to read: 20 (a) Except as provided in (e) of this section, an agent appointed by the 21 commissioner under AS 16.05.380 to sell licenses, permits, [AND] tags, and the 22 wildlife conservation tag is entitled to 23 (1) retain five percent of the fee that is charged for a license, permit, or 24 tag or 25 cents for each license, permit, or tag sold, whichever is greater; and 25 (2) compensation of $50 per year or $1 for each license, permit, [OR] 26 tag, or wildlife conservation tag sold during the year, whichever is greater. 27 * Sec. 7. AS 16.05.390(b) is amended to read: 28 (b) Each agent appointed to sell licenses, permits, [OR] tags, or the wildlife 29 conservation tag under AS 16.05.380 shall, as directed by the commissioner, transmit 30 the proceeds from the sales of licenses, permits, [AND] tags, and the wildlife 31 conservation tag, except the amount authorized to be retained under (a)(1) of this
01 section, together with a report of the sales, to the commissioner for deposit in the fish 02 and game fund or the general fund. 03 * Sec. 8. AS 16.05.390(c) is amended to read: 04 (c) On March 31, June 30, September 30, and December 31 of each year the 05 commissioner shall calculate the compensation earned by an agent under (a)(2) of this 06 section, minus the penalties assessed under (g) of this section. If the compensation 07 due exceeds $50, the commissioner shall pay the compensation not later than 30 days 08 after the date for which the compensation was calculated. If the compensation due is 09 $50 or less, the commissioner shall pay the compensation not later than January 30 of 10 the year following the year in which the compensation was earned. The commissioner 11 shall pay compensation only for sales of licenses, permits, [OR] tags, or the wildlife 12 conservation tag for which the commissioner has received the report and proceeds 13 required to be transmitted under (b) of this section. 14 * Sec. 9. AS 16.05.390(e) is amended to read: 15 (e) The provisions of (a) of this section do not apply to a state employee 16 appointed by the commissioner under AS 16.05.380 to sell licenses, permits, [AND] 17 tags, and the wildlife conservation tag. 18 * Sec. 10. AS 16.05.390(f) is amended to read: 19 (f) Proceeds and reports under (b) of this section shall be transmitted to the 20 commissioner by the last day of the month following the month in which the licenses, 21 permits, [AND] tags, and the wildlife conservation tag are sold, unless an alternative 22 reporting schedule has been established by contract. 23 * Sec. 11. AS 16.05 is amended by adding a new section to read: 24 Sec. 16.05.417. Wildlife conservation tag. (a) Without having a valid 25 wildlife conservation tag in actual possession, a person may not use the services of a 26 commercial provider for an opportunity to view public wildlife in this state. 27 (b) The fee for a wildlife conservation tag is $5. 28 (c) A wildlife conservation tag is not required of 29 (1) a person under the age of 16 years; 30 (2) a resident who is 60 years of age or older and possesses a 31 permanent identification card issued under AS 16.05.400(b);
01 (3) a person who possesses a valid, current year sport fishing license, 02 hunting license, or trapping license issued to the person by the department under this 03 title; 04 (4) a person who possesses a valid, current year commercial fishing 05 license or commercial fishing entry permit or interim-use permit; 06 (5) a resident who is a disabled veteran qualified to receive a free 07 hunting and sport fishing license under AS 16.05.341; 08 (6) a person who is currently employed, and has verifiable proof of 09 employment, in the commercial provider or transportation industry and provides direct 10 services to tourists in Alaska; 11 (7) a person who is blind; 12 (8) a resident who is traveling to or from the resident's home 13 community by railroad or by the Alaska marine highway system. 14 (d) A commercial provider for an opportunity to view public wildlife may not 15 provide service, equipment, or facilities to a person who 16 (1) is required to possess a wildlife conservation tag under this section; 17 and 18 (2) does not have a valid wildlife conservation tag in actual possession. 19 (e) In this section, 20 (1) "commercial provider for an opportunity to view public wildlife" 21 means a person engaged in the commercial provider industry or transportation industry 22 that provides to an individual, for compensation or with the intent to receive 23 compensation, touring or recreational service, equipment, or facilities in the field 24 primarily or incidentally for the purpose of viewing fish or wildlife, or transportation 25 to or in the field; "commercial provider for an opportunity to view public wildlife" 26 includes a person who provides outfitting, guiding, sightseeing, flightseeing, rafting, 27 kayaking, touring, biking, accompanied hiking, bus and motorcoach service, ferry, 28 cruise ship, or charter service, railroad transportation, or a similar opportunity for 29 viewing public wildlife; 30 (2) "commercial provider industry" means those businesses that 31 provide services, equipment, and facilities as a commercial provider for an opportunity
01 to view public wildlife; 02 (3) "field" means 03 (A) an area in this state outside of 04 (i) established year-round dwellings, businesses, or 05 other developments usually associated with a city, town, or village; 06 (ii) permanent hotels or roadhouses on the state road 07 system or state or federally maintained airports; 08 (B) an area in this state used for public wildlife viewing within 09 or near a city, town, village, or year-round dwellings; and 10 (C) the territorial sea and internal waters of this state; 11 (4) "public wildlife" means fish and game; 12 (5) "transportation industry" means those businesses that provide 13 services for the carriage of persons by railroad, automobile, bus, motorcoach, boat, 14 ferry, cruise ship, air taxi, aircraft, or another mode of transport; "transportation 15 industry" does not include a business when the business provides services for 16 (A) carriage of persons by aircraft on nonstop flights between 17 airports listed in the Alaska supplement to the Airmen's Guide published by the 18 Federal Aviation Administration; 19 (B) carriage of persons by a method of transportation 20 determined by the commissioner by regulation not to have a significant 21 opportunity for viewing of public wildlife; or 22 (C) rental of passenger vehicles; "passenger vehicle" has the 23 meaning given in AS 43.52.099. 24 * Sec. 12. AS 16.05.420 is amended to read: 25 Sec. 16.05.420. License, tag, permit, [AND] registration, and wildlife 26 conservation tag violations. (a) A false statement of a material fact in an application 27 for a license, tag, permit, [AND] sport fishing vessel registration, or wildlife 28 conservation tag issued under AS 16.05.330 - 16.05.430 voids the license, tag, 29 permit, [OR] registration, or wildlife conservation tag for which the application is 30 made. 31 (b) A person may not make a false statement, or omit a material fact, in an
01 application for a license, tag, permit, [OR] sport fishing vessel registration, or wildlife 02 conservation tag issued under AS 16.05.330 - 16.05.430. A person who without any 03 culpable mental state makes a false statement as to the person's identity or residency in 04 an application for a license, tag, permit, [OR] sport fishing vessel registration, or 05 wildlife conservation tag issued under AS 16.05.330 - 16.05.430 is guilty of a 06 violation and upon conviction is punishable by a fine of not more than $300. A person 07 who knowingly violates this subsection is guilty of a class A misdemeanor. 08 (c) A person to whom a license, tag, [OR] sport fishing vessel registration, or 09 wildlife conservation tag has been issued under this chapter may not alter, change, 10 loan, or transfer the license, tag, [OR] sport fishing vessel registration, or wildlife 11 conservation tag. A person may not use a license, tag, [OR] sport fishing vessel 12 registration, or wildlife conservation tag that has been issued under this chapter to 13 another person. 14 * Sec. 13. This Act takes effect January 1, 2006.