04/04/2018 01:00 PM House RESOURCES

          HB 260-FISH & GAME LICENSES;ELECTRONIC FORM                                                                       
                                                                                                                                
6:54:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR announced that the  next order of business would be                                                               
HOUSE BILL NO. 260, "An  Act relating to electronic possession of                                                               
certain licenses,  tags, and identification  cards issued  by the                                                               
Department  of Fish  and  Game; and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
6:54:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   DAN    SADDLER,   Alaska    State   Legislature,                                                               
paraphrased from the sponsor statement, which read as follows                                                                   
[original punctuation provided]:                                                                                                
                                                                                                                                
     Smart  phones  have  become an  indispensable  part  of                                                                    
     modern   Alaska   life.   They   provide   users   with                                                                    
     inexpensive,  convenient and  reliable information  and                                                                    
     services,    including   communications,    navigation,                                                                    
     scheduling,  research, photography,  and entertainment.                                                                    
     There  is almost  no aspect  of  life that  smartphones                                                                    
     don't make easier and better.                                                                                              
                                                                                                                                
     HB   260  seeks   to  leverage   modern  communications                                                                    
     technology  to   enhance  the  timeless   pleasures  of                                                                    
     traditional  Alaskan  activities of  hunting,  fishing,                                                                    
     and  trapping, by  allowing  state  licenses for  these                                                                    
     activities to be displayed on  digital devices, as well                                                                    
     as in paper form.                                                                                                          
                                                                                                                                
     State law  currently requires outdoorsmen and  women to                                                                    
     carry   paper   licenses    while   enjoying   licensed                                                                    
     activities.  But as  anyone who's  ever tumbled  into a                                                                    
     stream while landing  a king salmon or sat  in the rain                                                                    
     in a  duck blind knows,  paper licenses can  be damaged                                                                    
     or lost at the worst  possible time. And while a person                                                                    
     might  misplace  their   wallet,  their  smartphone  is                                                                    
     almost always within arm's reach.                                                                                          
                                                                                                                                
     Alaskans  have been  authorized since  2013 to  display                                                                    
     secure proof of insurance on  a digital device, and the                                                                    
     benefits  of  extending  that  capability  to  outdoors                                                                    
     recreational licenses are clear. They would:                                                                               
                                                                                                                                
        Make it easier and more convenient for hunters,                                                                         
         fishers and trappers to obtain and carry required                                                                      
         licenses                                                                                                               
       Help entice new participants in these activities,                                                                        
         by lowering one barrier to entry                                                                                       
       Make Alaska a more attractive tourist destination                                                                        
        by making it easier for visitors to get licenses                                                                        
        Improve compliance with state fish and wildlife                                                                         
         management  laws,   by   making   it   easier   for                                                                    
         enforcement officials to  verify users are  legal ?                                                                    
         Save  money  for  the  state  and  private  license                                                                    
       vendors, by reducing or eliminating printing costs                                                                       
      Enhance    licensing   security    with   harder-to-                                                                      
         counterfeit digital licenses                                                                                           
                                                                                                                                
      HB 260  also lays the foundation  for smartphone-based                                                                    
      "apps" that  will eventually let ADF&G  deliver timely                                                                    
      information  on local  regulations, opening  dates and                                                                    
      times,   and   hazards   to   users;   while   letting                                                                    
      outdoorsman  reciprocate  by  sending  back  real-time                                                                    
      data on  harvest effort  and success. Until  then, the                                                                    
      advantages of digital  licenses are significant enough                                                                    
      to warrant swift passage of HB 260.                                                                                       
                                                                                                                                
REPRESENTATIVE   BIRCH  spoke   in   support   of  the   proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
6:57:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH questioned  whether  Alaska Department  of                                                               
Fish  &  Game  (ADF&G)  enforcement officers  are  available  for                                                               
comment.                                                                                                                        
                                                                                                                                
REPRESENTATIVE SADDLER  responded that in his  conversations with                                                               
ADF&G personnel  and Alaska Wildlife  Troopers (AWT),  he learned                                                               
that their only concern was  the liability of handling a person's                                                               
device.   He maintained  that the  enforcement officers  would be                                                               
grateful for  another way for  constituents to obtain  a license,                                                               
comply  with the  law, and  demonstrate that  they have  complied                                                               
with the law.                                                                                                                   
                                                                                                                                
6:59:01 PM                                                                                                                    
                                                                                                                                
MORGAN  FOSS, Legislative  Liaison, Office  of the  Commissioner,                                                               
Alaska  Department  of Fish  &  Game  (ADF&G), offered  that  she                                                               
cannot  speak to  the enforcement  side  of the  equation but  is                                                               
available for questions.                                                                                                        
                                                                                                                                
6:59:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH  asked  whether  there is  a  penalty  for                                                               
someone failing  to produce  a hard copy  of his/her  license but                                                               
providing electronic proof.                                                                                                     
                                                                                                                                
MS. FOSS  responded that  it is her  understanding that  AWT will                                                               
not  issue  a citation  if  the  individual  has a  valid  signed                                                               
license  in electronic  format on  his/her phone.   She  affirmed                                                               
that  the proposed  legislation  would  provide clarification  in                                                               
statute.                                                                                                                        
                                                                                                                                
7:00:27 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR stated that currently  if someone is caught fishing                                                               
without  his/her license,  it  is a  misdemeanor  with a  maximum                                                               
penalty of  up to six months  in jail or  a fine of up  to $1000.                                                               
She relayed that  her office is working with ADF&G  to reduce the                                                               
penalty.   She explained that Amendment  1, labeled 30-LS1000\A.1                                                               
and included  in the committee  packet, was the first  attempt to                                                               
do  that.   She stated  that since  there were  issues with  that                                                               
amendment, it will not be offered.                                                                                              
                                                                                                                                
7:01:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR moved to adopt  Amendment 2, labeled 30-LS1000\A.4,                                                               
Bullard, 3/27/18, which read:                                                                                                   
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "electronic"                                                                                                 
                                                                                                                                
     Page 1, lines 1 - 2:                                                                                                       
          Delete "identification cards"                                                                                       
          Insert "permits"                                                                                                    
                                                                                                                                
     Page 1, line 4, through page 2, line 2:                                                                                    
          Delete all material and insert:                                                                                       
        "* Section 1. AS 16.05.330(a) is amended to read:                                                                   
          (a)  Except as otherwise permitted in this                                                                            
     chapter, without  having the appropriate  license, [OR]                                                                
     tag, or permit  in actual possession, a  person may not                                                                
     engage in                                                                                                                  
               (1)  sport fishing, including the taking of                                                                      
     razor clams;                                                                                                               
               (2)  hunting or [,] trapping [, OR FUR                                                                       
     DEALING];                                                                                                                  
               (3)  the farming of fish, fur, or game;                                                                          
               (4)  taxidermy or fur dealing; or                                                                            
               (5)  control of nuisance wild birds and                                                                          
     nuisance wild small mammals for compensation.                                                                              
        *  Sec. 2.  AS 16.05.330  is amended  by adding  new                                                                  
     subsections to read:                                                                                                       
          (f)  A person charged with violating (a)(1) or                                                                        
     (2) of  this section for  failure to have a  license in                                                                    
     actual possession  may not be  convicted if  the person                                                                    
     produces,  in  an office  of  the  arresting or  citing                                                                    
     agency, not  later than 30  days after the  issuance of                                                                    
     the  citation,  a  license  previously  issued  to  the                                                                    
     person that was valid at the time of the offense.                                                                          
          (g)  A license in actual possession may be in                                                                         
     paper or electronic form.                                                                                                  
          (h)  A peace officer presented with an electronic                                                                     
     device under  (g) of  this section  is immune  from any                                                                    
     liability resulting from damage to the device.                                                                             
        * Sec. 3. AS 16.05.430(a) is amended to read:                                                                         
          (a)  Except as provided in AS 16.05.330(f),                                                                       
     16.05.407(b)  [AS 16.05.407(b)] and  (d), 16.05.408(b),                                                                
     and 16.05.420(b), a person  who violates AS 16.05.330 -                                                                    
     16.05.420 or a regulation  adopted under AS 16.05.330 -                                                                    
     16.05.420  is   guilty  of   a  misdemeanor   and  upon                                                                    
     conviction is  punishable by  a fine  of not  more than                                                                    
     $1,000,  or  by  imprisonment  for not  more  than  six                                                                    
     months, or by both."                                                                                                       
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
CO-CHAIR JOSEPHSON objected for the purpose of discussion.                                                                      
                                                                                                                                
7:02:09 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR explained  that Amendment 2 would  allow someone to                                                               
have a charge dismissed for failing  to have a fishing or hunting                                                               
license on  him/her as  long as  he/she had  a valid  license and                                                               
submitted  it within  30 days.   The  fine would  be waived  upon                                                               
showing the valid license to ADF&G.   If the person was illegally                                                               
hunting or fishing  because he/she did not have a  license at the                                                               
time, he/she would be subject to the fine.                                                                                      
                                                                                                                                
REPRESENTATIVE SADDLER  relayed that  the goal of  AWT is  not to                                                               
"bust" people  but to  encourage them to  comply.   He maintained                                                               
that being  given the opportunity  to correct  incorrect behavior                                                               
and being  rewarded for  correcting that  behavior with  a waived                                                               
fine, incentivizes future positive behavior.                                                                                    
                                                                                                                                
7:03:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOSEPHSON asked  whether  ADF&G and  the Department  of                                                               
Public Safety (DPS) support the amendment.                                                                                      
                                                                                                                                
7:04:01 PM                                                                                                                    
                                                                                                                                
THATCHER BROUWER, Staff, Representative  Geran Tarr, Alaska State                                                               
Legislature, responded that DPS fully supports the amendment.                                                                   
                                                                                                                                
7:04:31 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON asked for confirmation  that Amendment 2 would                                                               
not change  the penalty but  change the opportunity to  prove the                                                               
existence of a license.                                                                                                         
                                                                                                                                
MR. BROUWER answered, that's correct.                                                                                           
                                                                                                                                
REPRESENTATIVE  SADDLER  pointed  out   that  Section  3  of  the                                                               
proposed legislation specifies two  exemptions to the penalty for                                                               
the failure  to have a  license; one  in AS 16.05.330(f)  and the                                                               
other in  AS 16.05.407(b).   He said that AS  16.05.330(f) refers                                                               
to the 30-day "fix-it ticket,"  and AS 16.05.407(b) refers to the                                                               
requirement that non-resident hunters  must affirm that they will                                                               
use  a  guide  under  penalty  of perjury.    Violation  of  that                                                               
requirement is a class-B felony.                                                                                                
                                                                                                                                
CO-CHAIR  JOSEPHSON  removed  his  objection.    There  being  no                                                               
further objection, Amendment 2 was adopted.                                                                                     
                                                                                                                                
7:05:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH asked  what  the outcome  would  be if  he                                                               
showed AWT a  picture of his license  on his phone.   He asked if                                                               
the proposed legislation would change that outcome.                                                                             
                                                                                                                                
7:06:41 PM                                                                                                                    
                                                                                                                                
BERNARD CHASTAIN, Major,  Deputy Director, Headquarters, Division                                                               
of Alaska  Wildlife Troopers (AWT),  Department of  Public Safety                                                               
(DPS), responded that currently  electronic versions of licensing                                                               
are  not  allowed for  display;  the  proposed legislation  would                                                               
allow  for electronic  licensing to  be developed  and displayed.                                                               
He stated  that currently  a person is  required to  have his/her                                                               
license  and tags  in  his/her possession  to hunt.    If HB  260                                                               
passes,  ADF&G would  develop electronic  licensing allowing  for                                                               
display on  a device  and, if enforceable,  it would  suffice for                                                               
display of licensing.                                                                                                           
                                                                                                                                
7:07:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked for AWT's position  on the proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
MAJOR  CHASTAIN answered  that AWT  will support  any attempt  to                                                               
make electronic licensing  the future of license  display for the                                                               
state.  He  stated that enforcement is a  key element; therefore,                                                               
any  effort to  develop  electronic licensing  must involve  both                                                               
ADF&G and DSP.   He brought up the example  of the requirement to                                                               
record the number king salmon  caught in certain locations of the                                                               
state and emphasized that there must  be a way to enter such data                                                               
through  the  electronic  license,  so it  can  be  accessed  and                                                               
reviewed by enforcement.   He offered that the  method of license                                                               
display does  not matter to  AWT, as long  as the license  can be                                                               
displayed  in  electronic  format  and stored  so  it  cannot  be                                                               
altered.                                                                                                                        
                                                                                                                                
7:10:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PARISH pointed out  the zero-fiscal note and asked                                                               
if building  the technological capacity for  electronic licensing                                                               
can be addressed without additional staff time or cost.                                                                         
                                                                                                                                
MS. FOSS replied  that the proposed legislation  does not mandate                                                               
ADF&G to  develop the technology  but allows it the  authority to                                                               
do  so in  the future.   She  said that  electronic licensing  is                                                               
something ADF&G has received funding  for in the past, has worked                                                               
on,  and hopes  to develop;  it may  require additional  funds at                                                               
some point.                                                                                                                     
                                                                                                                                
7:11:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND suggested that  with the all the features                                                               
that  smart phones  have today,  there must  be a  way to  record                                                               
data.   Cell phones have applications  to help you find  what you                                                               
are  looking for  on your  phone as  well.   She pointed  out the                                                               
possibility of  a dead battery  preventing one from  displaying a                                                               
document  and  stated that  the  "forgiveness"  allowance in  the                                                               
proposed  legislation   should  alleviate  that  problem.     She                                                               
confirmed  that  electronic records  are  useful  for just  about                                                               
anything.                                                                                                                       
                                                                                                                                
REPRESENTATIVE SADDLER  said that he  posed the question  to DPS,                                                               
"Can  a digital  license  be counterfeited?"  and  the answer  he                                                               
received was,  "It is equally  possible to counterfeit  a fishing                                                               
license."  He relayed that the  driver's license number is on the                                                               
fishing license  and an  AWT officer  may ask  to see  a driver's                                                               
license to compare the two documents.   He added that the penalty                                                               
for false attestation  is the same as for perjury.   He mentioned                                                               
that there  are several "red  flags" that an  enforcement officer                                                               
can look for on the license showing up inconsistencies.                                                                         
                                                                                                                                
CO-CHAIR  TARR stated  that  she appreciated  the  fact that  the                                                               
proposed legislation  allows an  electronic license but  does not                                                               
mandate it.                                                                                                                     
                                                                                                                                
7:15:34 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON  moved to  report HB 260,  as amended,  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  260(RES)  was                                                               
reported out of the House Resources Standing Committee.