HCS SB 174(FIN): "An Act relating to community cats; establishing a statewide spay and neuter assistance fund; establishing the statewide spay and neuter assistance program; relating to the release of feral domestic cats; establishing the Alaska Invasive Species Council in the Department of Fish and Game; relating to management of invasive species; relating to companion animal spay and neuter special request registration plates; relating to municipal control of feral domestic dogs and cats; relating to contributions from permanent fund dividends; and providing for an effective date."
00 HOUSE CS FOR SENATE BILL NO. 174(FIN) 01 "An Act relating to community cats; establishing a statewide spay and neuter assistance 02 fund; establishing the statewide spay and neuter assistance program; relating to the 03 release of feral domestic cats; establishing the Alaska Invasive Species Council in the 04 Department of Fish and Game; relating to management of invasive species; relating to 05 companion animal spay and neuter special request registration plates; relating to 06 municipal control of feral domestic dogs and cats; relating to contributions from 07 permanent fund dividends; and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 03.55 is amended by adding new sections to read: 10 Article 1A. Cats. 11 Sec. 03.55.080. Community cats. (a) A person may release a community cat 12 on land from which the cat was originally taken if the cat has been vaccinated for 13 rabies, has had the tip of the cat's left ear removed, and has been spayed or neutered
01 through a community cat program. The cat must be returned to the location where the 02 cat was found. 03 (b) A person who releases a community cat under this section is exempt from 04 state and municipal requirements applicable to ownership and care of domestic 05 animals, and the release of a community cat under (a) of this section does not 06 constitute abandonment. 07 Sec. 03.55.095. Definitions. In AS 03.55.080 - 03.55.095, 08 (1) "community cat" means an unowned domestic cat living in a wild 09 state that is unsocialized for domestic human environments, or another free-roaming 10 cat that is without visibly discernible owner identification or an identifying microchip 11 or that has had the tip of the cat's left ear removed; 12 (2) "landowner" includes a state, municipal, or private landowner. 13 * Sec. 2. AS 03.55 is amended by adding new sections to read: 14 Article 3. Statewide Spay and Neuter Assistance Fund and Program. 15 Sec. 03.55.200. Statewide spay and neuter assistance fund. (a) The 16 statewide spay and neuter assistance fund is established as a separate account in the 17 general fund. The fund consists of 18 (1) program receipts from the special request companion animal spay 19 and neuter plates issued under AS 28.10.421(d)(28); 20 (2) donations to the fund; 21 (3) federal or private funding that may be available to the state to 22 support spay and neuter services; and 23 (4) interest earned on money in the fund. 24 (b) The department shall administer the fund in accordance with the 25 provisions of AS 03.55.200 - 03.55.240. 26 (c) The legislature may appropriate money from the fund to the department to 27 implement AS 03.55.200 - 03.55.240 and to pay the costs of administering the fund. 28 (d) Nothing in this section creates a dedicated fund. 29 Sec. 03.55.210. Statewide spay and neuter assistance program; eligibility. 30 (a) The statewide spay and neuter assistance program is established in the department. 31 (b) The program shall provide direct reimbursement to a participating
01 veterinarian, veterinary clinic, animal shelter, or nonprofit organization in the state 02 that provides a spay or neuter surgery or presurgical examination or administers 03 required vaccinations without charge or at a reduced rate to a pet belonging to a 04 household in the state with an annual family or household income equal to or less than 05 130 percent of the most recent poverty guidelines for the state set by the United States 06 Department of Health and Human Services. 07 (c) The department shall adopt regulations to carry out the program, including 08 establishing 09 (1) a process for verifying whether a pet owner qualifies as an eligible 10 household under (b)of this section; 11 (2) a fee reimbursement process and standard reimbursement rate 12 schedule of up to 80 percent of the prevailing rates for the services covered by the 13 program. 14 Sec. 03.55.220. Statewide spay and neuter assistance fund and program 15 awareness and education. The department shall promote public awareness of the 16 fund and the program and educate the public about the dangers of uncontrolled 17 breeding of domestic dogs and cats. The department shall publish a list of providers 18 that participate in the program on the department's Internet website. 19 Sec. 03.55.230. Annual report. The department shall submit an annual report 20 to the legislature on or before the first day of each regular session of the legislature 21 that details, for the preceding year, the number and type of services provided under the 22 program and the program revenue and expenditures. The department shall deliver the 23 report to the senate secretary and the chief clerk of the house of representatives and 24 notify the legislature that the report is available. 25 Sec. 03.55.240. Definitions. In AS 03.55.200 - 03.55.240, 26 (1) "department" means the Department of Environmental 27 Conservation; 28 (2) "fund" means the statewide spay and neuter assistance fund 29 established under AS 03.55.200; 30 (3) "program" means the statewide spay and neuter assistance program 31 established under AS 03.55.210.
01 * Sec. 3. AS 16.05.255(a) is amended to read: 02 (a) The Board of Game may adopt regulations it considers advisable in 03 accordance with AS 44.62 (Administrative Procedure Act) for 04 (1) setting apart game reserve areas, refuges, and sanctuaries in the 05 water or on the land of the state over which it has jurisdiction, subject to the approval 06 of the legislature; 07 (2) establishing open and closed seasons and areas for the taking of 08 game; 09 (3) establishing the means and methods employed in the pursuit, 10 capture, taking, and transport of game, including regulations, consistent with resource 11 conservation and development goals, establishing means and methods that may be 12 employed by persons with physical disabilities; 13 (4) setting quotas, bag limits, harvest levels, and sex, age, and size 14 limitations on the taking of game; 15 (5) classifying game as game birds, song birds, big game animals, fur 16 bearing animals, predators, or other categories; 17 (6) methods, means, and harvest levels necessary to control predation 18 and competition among game in the state; 19 (7) watershed and habitat improvement, and management, 20 conservation, protection, use, disposal, propagation, and stocking of game; 21 (8) prohibiting the live capture, possession, transport, or release of 22 native or exotic game or their eggs, unless the action is permitted under an 23 ordinance adopted under AS 29.35.052; 24 (9) establishing the times and dates during which the issuance of game 25 licenses, permits, and registrations and the transfer of permits and registrations 26 between registration areas and game management units or subunits is allowed; 27 (10) regulating sport hunting and subsistence hunting as needed for the 28 conservation, development, and utilization of game; 29 (11) taking game to ensure public safety; 30 (12) regulating the activities of persons licensed to control nuisance 31 wild birds and nuisance wild small mammals;
01 (13) promoting hunting and trapping and preserving the heritage of 02 hunting and trapping in the state. 03 * Sec. 4. AS 16.05.930 is amended by adding new subsections to read: 04 (h) This chapter does not prohibit the release of a community cat as allowed 05 under AS 03.55.080. 06 (i) This chapter does not prohibit the release of a feral domestic cat that is 07 sterilized and is vaccinated in compliance with state law and any applicable municipal 08 ordinance. 09 * Sec. 5. AS 16.20 is amended by adding new sections to read: 10 Article 6. Management of Invasive Species. 11 Sec. 16.20.800. Alaska Invasive Species Council. (a) The Alaska Invasive 12 Species Council is an advisory council established in the department to facilitate 13 efforts by the department, the Department of Natural Resources, the Department of 14 Environmental Conservation, the Department of Transportation and Public Facilities, 15 and other natural-resource-related governmental entities operating in the state to 16 manage invasive species in the state by 17 (1) facilitating cooperation between state, federal, tribal, and local 18 agencies and nongovernmental organizations; 19 (2) assisting in coordination of activities to manage invasive species, 20 including those undertaken by local governments and nongovernmental organizations; 21 (3) recommending coordinated interagency strategies and policies 22 related to management of invasive species, including 23 (A) importation, possession, and use of invasive species; 24 (B) classification and listing of non-native species; and 25 (C) management of pathways associated with transfer of 26 invasive species; 27 (4) upon request of a state agency, providing guidance on prioritizing 28 the state agency's responses to occurrences of invasive species and how funds made 29 available under AS 16.20.820 may be best used; 30 (5) recommending expenditures from the invasive species response 31 fund;
01 (6) providing technical information and assistance to persons engaged 02 in regional and national invasive species management efforts. 03 (b) Except as provided in (c) of this section, the council consists of 04 (1) the following members appointed by the governor to three-year 05 terms: 06 (A) a representative of the University of Alaska who is 07 involved in research relating to, or management of, invasive species; 08 (B) a representative of an Alaska tribal entity who is involved 09 in management of invasive species; 10 (C) a representative of a statewide organization focused on 11 prevention, detection, and management of invasive species; 12 (D) a representative of an organization involved with 13 prevention, detection, and management of marine invasive species in the state; 14 (E) a representative involved in invasive species management 15 through a soil and water conservation district established under AS 41.10.130, 16 a conservation district established by an Alaska Native organization, or an 17 organization concerned with the health of watersheds in the state; 18 (2) one member of the house of representatives appointed by the 19 speaker of the house of representatives; 20 (3) one member of the senate appointed by the president of the senate; 21 (4) the commissioner of each of the following departments or the 22 commissioner's designee: 23 (A) the Department of Fish and Game; 24 (B) the Department of Natural Resources; 25 (C) the Department of Environmental Conservation; 26 (D) the Department of Transportation and Public Facilities. 27 (c) The council may, as the council finds necessary, invite additional persons 28 to be nonvoting advisory members of the council. The council may invite 29 representatives or members of federal entities, local government organizations, tribal 30 governments, institutions of higher learning in the state, and other organizations with 31 expertise relating to invasive species to join the council under this subsection. The
01 council may prescribe procedures for the participation of persons added to the council 02 under this subsection. 03 (d) The council shall adopt bylaws to govern its operation. The bylaws must 04 provide procedures for 05 (1) decision making; and 06 (2) establishing subcommittees and advisory committees. 07 (e) The council shall elect a chair and vice chair from among the members 08 appointed under (b)(1) of this section. The council shall meet at least quarterly at the 09 call of the chair. A majority of the council constitutes a quorum. Meetings and council 10 votes may be held by audio or video teleconference. 11 (f) Members of the council serve without compensation and are not entitled to 12 per diem and travel expenses. However, a member appointed under (b)(4) of this 13 section is entitled to per diem and travel expenses as a state employee. 14 (g) By January 15 of each odd-numbered year, the council shall prepare and 15 present to the legislature an updated five-year strategic plan that addresses the effects 16 of invasive species on the state's natural resources and economy, states the council's 17 suggested priorities for addressing invasive species, and recommends legislation and 18 funding required to implement the council's priorities. The council shall transmit the 19 strategic plan to the senate secretary and the chief clerk of the house of representatives 20 and notify the legislature that the plan is available. 21 (h) By January 15 of each year, the council shall prepare and present an 22 annual report on invasive species active in the state, the effects of the activity, and any 23 measures taken to manage invasive species. The report must include other issues and 24 concerns related to invasive species that the council determines are of value to 25 policymakers. The council shall submit the report to the governor, the department, the 26 Department of Natural Resources, the Department of Environmental Conservation, the 27 Department of Transportation and Public Facilities, and the senate secretary and chief 28 clerk of the house of representatives, and notify the legislature that the report is 29 available. 30 (i) Council members appointed under (b)(1) of this section serve staggered 31 three-year terms and until a successor is appointed. A vacancy on the council shall be
01 filled in the same manner as the original appointment. If a vacancy occurs, the 02 governor shall appoint a member for the unexpired portion of the term within 60 days 03 after the occurrence of the vacancy. 04 Sec. 16.20.810. Invasive species response fund. The invasive species 05 response fund is established as an account in the general fund. The fund consists of 06 appropriations made to the fund. Money appropriated to the fund does not lapse. The 07 department may use money appropriated to the fund to manage invasive species, 08 without further appropriation. 09 Sec. 16.20.850. Definitions. In AS 16.20.800 - 16.20.850, 10 (1) "council" means the Alaska Invasive Species Council; 11 (2) "department" means the Department of Fish and Game; 12 (3) "invasive species" means a non-native species the introduction of 13 which causes or is likely to cause economic harm, environmental harm, or harm to 14 human health; 15 (4) "manage invasive species" means to take actions to prevent or 16 minimize harmful effects of invasive species on the economy, the environment, public 17 health, infrastructure, and cultural heritage; 18 (5) "non-native species" includes any biological material capable of 19 propagating a species that is not native to the state or an ecosystem in the state. 20 * Sec. 6. AS 28.10.181 is amended by adding a new subsection to read: 21 (pp) Special request companion animal spay and neuter plates. Upon 22 application by the owner of a motor vehicle, the department may design and issue 23 registration plates representing the statewide spay and neuter assistance program 24 established under AS 03.55.210. The department may disapprove the issuance of 25 registration plates under this subsection when the requested plates are a duplication of 26 an existing registration. 27 * Sec. 7. AS 28.10.421(d) is amended by adding a new paragraph to read: 28 (28) special request companion animal spay and neuter plates registered 29 under AS 28.10.181(pp) ................................... $100 30 plus the fee required for that vehicle under (b), (c), (h), or (i) of this section; the fee 31 required by this paragraph shall be collected only on the first issuance of and the
01 replacement of the special request plates; the commissioner shall separately account 02 for the fees received under this paragraph that the department deposits into the general 03 fund; notwithstanding (g) of this section, the annual estimated balance in the account 04 that is in excess of the cost of issuing special request plates may be appropriated by 05 the legislature into the statewide spay and neuter assistance fund established in 06 AS 03.55.200. 07 * Sec. 8. AS 29.35 is amended by adding a new section to read: 08 Sec. 29.35.052. Feral domestic dog and cat populations. As a means of 09 controlling the feral domestic dog and cat population in a municipality, a municipality 10 may adopt an ordinance that allows feral domestic dogs and cats to be captured, 11 possessed, and transported for the purpose of spaying or neutering and vaccinating the 12 animal before release. 13 * Sec. 9. AS 37.05.146(c) is amended by adding a new paragraph to read: 14 (87) statewide spay and neuter assistance fund (AS 03.55.200). 15 * Sec. 10. AS 43.23.130(a) is amended to read: 16 (a) Notwithstanding AS 43.23.200, the Department of Revenue shall prepare 17 the electronic Alaska permanent fund dividend application to allow an applicant who 18 files electronically to direct that money be subtracted from the dividend payment and 19 contributed to the crime victim compensation fund (AS 18.67.162), the peace officer 20 and firefighter survivors' fund, the statewide spay and neuter assistance fund 21 (AS 03.55.200), or one or more of the educational organizations, community 22 foundations, or charitable organizations that appear on the contribution list contained 23 in the application. A contribution to the crime victim compensation fund, the peace 24 officer and firefighter survivors' fund, the statewide spay and neuter assistance 25 fund, or [TO] an organization may be $25, $50, $75, $100, or more, in increments of 26 $50, up to the total amount of the permanent fund dividend that the applicant is 27 entitled to receive. If the total amount of contributions elected by an applicant exceeds 28 the amount of the permanent fund dividend that the applicant is entitled to receive, 29 contributions shall be deducted from the dividend in the order of priority elected by 30 the applicant on the application until the entire amount of the dividend that the 31 applicant is entitled to receive is allocated for contribution. The electronic dividend
01 application form must include notice that seven percent of the money contributed will 02 be used for administrative costs incurred in implementing this section, and money 03 from the dividend fund will not be used for that purpose. 04 * Sec. 11. AS 43.23.130(b) is amended to read: 05 (b) The department shall list each educational organization, community 06 foundation, or charitable organization eligible under (c) and (d) of this section, each 07 university campus that applies under (l) of this section, the crime victim compensation 08 fund, [AND] the peace officer and firefighter survivors' fund, and the statewide spay 09 and neuter assistance fund on the contribution list. The department shall maintain an 10 electronic database for the contribution list that is accessible to the public and that 11 permits searches by organization or fund name, geographic location, and type. The 12 department shall provide a statement of the contributions made by an individual that is 13 suitable for federal income tax purposes to each individual who elects to contribute 14 under (a) of this section. 15 * Sec. 12. AS 43.23.130(m) is amended to read: 16 (m) In addition to the application fee in (f) of this section, the department shall 17 withhold a coordination fee from each organization, foundation, or university campus 18 that receives contributions under this section in the immediately preceding dividend 19 year. The coordination fee for an organization, foundation, or university campus that 20 receives contributions under this section shall be seven percent of the amount of 21 contributions reported by the department under (j) of this section for the organization, 22 foundation, or university campus for the immediately preceding dividend year. The 23 coordination fee shall be separately accounted for under AS 37.05.142 and shall be 24 accounted for separately from the application fee collected under (f) of this section. 25 The annual estimated balance in the account maintained under AS 37.05.142 for 26 coordination fees collected under this subsection may be appropriated for costs of 27 administering this section. The department may not withhold a coordination fee for 28 contributions to the crime victim compensation fund, [OR] the peace officer and 29 firefighter survivors' fund, or the statewide spay and neuter assistance fund. 30 * Sec. 13. AS 16.20.800, 16.20.810, and 16.20.850 are repealed July 1, 2035. 31 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 REPORT TO LEGISLATURE. The Department of Environmental Conservation shall 03 submit the first annual report required by AS 03.55.230, enacted by sec. 2 of this Act, on or 04 before January 18, 2028. 05 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 APPOINTMENT OF MEMBERS AND CHAIR AND TIMING AND NUMBER OF 08 MEETINGS REQUIRED IN INITIAL YEAR. (a) Notwithstanding AS 16.20.810(i), added 09 by sec. 5 of this Act, the governor shall appoint the initial members of the Alaska Invasive 10 Species Council required under AS 16.20.800(b)(1) within 60 days after the effective date of 11 sec. 5 of this Act. The governor shall appoint the members to staggered terms as follows: 12 (1) two members shall be appointed to three-year terms; 13 (2) two members shall be appointed to two-year terms; and 14 (3) one member shall be appointed to a one-year term. 15 (b) Notwithstanding AS 16.20.800(e), added by sec. 5 of this Act, the Alaska Invasive 16 Species Council shall 17 (1) hold its first meeting within 90 days after the appointment of members 18 under (a) of this section; and 19 (2) meet at least four times in the 12 months following the appointment of 20 members under (a) of this section. 21 * Sec. 16. Sections 5, 13, and 15 of this Act take effect immediately under AS 01.10.070(c). 22 * Sec. 17. Sections 2, 3, 6 - 12, and 14 of this Act and AS 16.05.930(i), added by sec. 4 of 23 this Act, take effect July 1, 2028.