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HB 267: "An Act requiring the release of certain records relating to big game hunters, guided hunts, and guided sport fishing activities to municipalities for verification of taxes payable; and providing for an effective date."

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