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.