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.]