Legislature(1999 - 2000)

02/18/2000 01:12 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HB  164 - FISH & GAME LICENSING BY ELECTRONICS                                                                                
                                                                                                                                
Number 2792                                                                                                                     
                                                                                                                                
VICE  CHAIR COWDERY  announced  that the  next  order of  business                                                              
would  be HOUSE  BILL  NO. 164,  "An  Act relating  to  electronic                                                              
application  for  and  issuance of  licenses,  permits,  and  tags                                                              
issued  by  the  Department  of   Fish  and  Game;  to  violations                                                              
regarding  a  license,  permit,  or  tag  applied  for  or  issued                                                              
electronically;  and providing for  an effective  date."   [HB 164                                                              
was  sponsored by  the House  Rules  Committee by  request of  the                                                              
Governor.]                                                                                                                      
                                                                                                                                
[There was  a motion  to adopt version  1-GH1047.A; however,  that                                                              
was the original bill, which was already before the committee.]                                                                 
                                                                                                                                
Number 2783                                                                                                                     
                                                                                                                                
KEVIN  BROOKS,  Director,  Division  of  Administrative  Services,                                                              
Alaska Department  of Fish & Game  (ADF&G), explained that  HB 206                                                              
is intended to streamline and automate  the licensing process.  He                                                              
indicated ADF&G  offers the purchase  of licenses online  over the                                                              
Internet.   Currently, it  requires that  the department  send out                                                              
the license within  48 hours, but ultimately the  department would                                                              
like to have  an individual be  able to purchase a  license online                                                              
and then hunt or  fish right away.  He explained  that the efforts                                                              
are geared to  enhance customer service and to make  it easier for                                                              
the  public to  get  their  licenses and  get  out  and enjoy  the                                                              
resources.  It really has to do with  updating the language in the                                                              
statute to comply with what modern technology has to offer.                                                                     
                                                                                                                                
MR.  BROOKS explained  that ADF&G  has  been looking  at what  the                                                              
other  49 states  have been  doing.  Some  have been  using  a so-                                                              
called smart  number that  incorporates certain information  about                                                              
an individual  such as  age, hair color  or gender; an  individual                                                              
carrying  this type  of license would  also be  required to  carry                                                              
picture identification.   The  ADF&G is  working closely  with the                                                              
Department  of Public  Safety (DPS)  and  its Division  of Fish  &                                                              
Wildlife Protection  to make  sure that  any efforts in  licensing                                                              
don't compromise their efforts to  enforce the state fish and game                                                              
laws.                                                                                                                           
                                                                                                                                
Number 2656                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BARNES  indicated   that  she  has  concerns  with                                                              
Section 1 of  the bill where it states, "the  commissioner may add                                                              
a surcharge to the fees."  Furthermore,  the fiscal note is a zero                                                              
fiscal note and is inadequate.                                                                                                  
                                                                                                                                
MR.  BROOKS  indicated that  ADF&G  personnel  have spent  a  fair                                                              
amount of  time discussing those  issues and looking at  how other                                                              
states have accomplished electronic  licensing.  He explained that                                                              
currently there are 1,500 vendors  statewide, and compensation for                                                              
those vendors occurs  through a 5 percent commission  on the gross                                                              
sales, as well as  a dollar per item.  He said that  the way a lot                                                              
of states have done  this is to put the service out  for a bid and                                                              
then add a surcharge  for the processing costs, which  would be in                                                              
the  place of  the  commission that  is  currently  there for  the                                                              
vendors.                                                                                                                        
                                                                                                                                
REPRESENTATIVE   BARNES  said   she   still  feels   that  it   is                                                              
inappropriate  for the  legislature to transfer  its authority  to                                                              
establish fees or appropriate money.   In addition, she would like                                                              
to see an appropriate fiscal note attached to the bill.                                                                         
                                                                                                                                
MR. BROOKS  explained that ADF&G  doesn't anticipate  any changes,                                                              
because the cost  of the license itself is not changing.   He also                                                              
said that the cost for administering  it would not change, because                                                              
the fee would be set through a competitive  bid process, and there                                                              
is no way for  [the department] to know what that  is going to be.                                                              
He added that there could be a "not to exceed" amount.                                                                          
                                                                                                                                
Number 2402                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BARNES  indicated  she  would  like  to  see  some                                                              
language that addresses a "not to exceed" amount.                                                                               
                                                                                                                                
HERB SIMON testified via teleconference  from Nelchina.  He stated                                                              
that  he feels  that HB  164 is  a bad  bill.   He indicated  that                                                              
hunting and fishing licenses have  been handled almost exclusively                                                              
by vendors  since before  statehood.  He  pointed out that  HB 164                                                              
would save the state $2.5 million  in vendor commissions, which he                                                              
questions.  He  also questions the fact that when  people purchase                                                              
an electronic  license they don't  get the harvest tickets  or the                                                              
regulation  books.   He expressed  that what HB  164 is  basically                                                              
doing  is  making  it  possible  for  the  state  to  capture  the                                                              
commission fees  and leave the responsibility  of the rest  of the                                                              
paperwork to  the vendors, who now  receive no compensation.   For                                                              
example, for a resident license that  costs $25, the commission is                                                              
5 percent, which is $1.25.                                                                                                      
                                                                                                                                
MR. SIMON stressed  that HB 164 is displacing vendors  - there are                                                              
1,500  of  them  -  that  have  been  doing  a  job  since  before                                                              
statehood.  He  reiterated that the electronic  licensing does not                                                              
provide a  regulation book,  which is  almost as  big as  a Bible.                                                              
There  is the  hunting  regulation, fishing  regulation,  trapping                                                              
regulation and   migratory bird regulation.   He asserted  that HB
164 is  really just  a move for  preservation of the  bureaucrats.                                                              
He also pointed  out, with regard  to the "smart number,"  that in                                                              
remote  areas a  field  enforcement officer  wouldn't  be able  to                                                              
verify anything; therefore,  he believes that the  system would be                                                              
subject to fraud.                                                                                                               
                                                                                                                                
Number 1520                                                                                                                     
                                                                                                                                
MR.  BROOKS  explained that  electronic  licensing  is  in no  way                                                              
supposed to replace the vendor network;  it is meant to complement                                                              
it.   He indicated that  ADF&G is merely  trying to  automate some                                                              
processes  that  provide  another   option  for  people,  and  the                                                              
department  will still  fully expect a  partnership with  vendors.                                                              
With regard to vendor compensation,  ADF&G doesn't see it becoming                                                              
a savings for the state;  actually,  that money goes into the fish                                                              
and  game  fund, and  it  stays  there subject  to  a  legislative                                                              
appropriation.   Mr. Brooks noted  that Mr. Simon had  pointed out                                                              
some  legitimate  enforcement issues;  he  said  that is  why  the                                                              
department  has an ongoing  dialogue  with DPS  to make sure  that                                                              
anything  [ADF&G]   does  with  an  automated  process   will  not                                                              
compromise enforcement.  [HB 164 was held over.]                                                                                

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