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 AS 08.54.760(b) is repealed and reenacted to read:                                                    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