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HB17-1321

Parks And Wildlife Financial Sustainability

Concerning the parks and wildlife commission's authority to set certain charges assessed on people engaging in activities regulated by the division of parks and wildlife, and, in connection therewith, setting certain hunting, fishing, parks, and recreation fees and fines, creating an aquatic nuisance species sticker and associated fee structure, and requiring reporting by the division of parks and wildlife on fee amounts and the use of division-managed lands by nonconsumptive users.
Session:
2017 Regular Session

Section 1 of the bill provides a nonstatutory legislative declaration.

Section 2 adds 'preference point' to the documents listed under the definition of 'license'.

Sections 3 and 18 add 'sponsorships' and 'donations' to the list of money transfers that the parks and wildlife commission (commission) is authorized to receive and expend. Section 3 also adds 'contributions'.

Section 4 requires the commission, in using revenue generated from increased license fee amounts authorized by the bill for property purchases, to emphasize easement acquisition and ensure other avenues have been pursued before fee simple acquisition of property.

Sections 6, 15, 16, and 19 raise the maximum fee amounts that the commission may assess by rule for certain licenses, permits, and passes. Sections 6, 15, 16, and 19 also authorize the commission to apply a consumer price index adjustment to a fee that has been set at the maximum fee amount allowed, which fee adjustment does not count toward the maximum fee amounts set.

Section 7 allows the division of parks and wildlife (division) to grant up to 25% of the money derived from sales of the state migratory waterfowl stamp to nonprofit organizations implementing the North American waterfowl management plan, for the sole benefit of migratory waterfowl habitat conservation and related capital improvements.

Section 8 removes references to the fee assessed for the youth small game hunting license since the maximum fee amount for the license is listed in another part of statute. Section 8 also authorizes the commission to establish by rule a special licensing program for young adult hunters and anglers and requires that, if the commission establishes such a licensing program by rule, the commission must define 'young adult' in a manner that does not include adults 26 years of age or older.

Section 9 changes the name of the wildlife management public education advisory council to the wildlife council.

Section 10 requires the division to prepare reports on the status of certain license fee increases that the commission is authorized to promulgate pursuant to the bill and nonconsumptive users' use of division-managed land, and to present the reports to the agriculture committees in the house of representatives and the senate.

Section 11 increases the fine imposed against a person who violates a wildlife statute or rule that does not have a specific penalty listed for the violation from $50 to $100.

Section 12 requires all fines collected for violations of wildlife provisions to be split equally between the general fund and the wildlife cash fund; except that, once the general fund has been credited $214,174 of the fines, all of the fines collected thereafter are credited to the wildlife cash fund. Similarly, section 27 requires all fines collected for violations of parks and recreation provisions to be split between the general fund and the wildlife cash fund; except that, once the general fund has been credited $6,250 of the fines, all of the fines collected thereafter are credited to the wildlife cash fund.

Section 13 raises the penalty for a number of wildlife-license-related offenses to an amount equal to twice the cost of the most expensive license for the species. Section 13 also clarifies that engaging in conduct that requires a license without a license is a violation subject to an assessment of 5 license suspension points and a fine amount equal to twice the cost of the most expensive license issued for the activity that the person unlawfully engaged in without the requisite license; except that a violation based on fishing without a license is subject to a $125 fine and an assessment of 10 license suspension points. Section 13 also raises the age for youth who are exempted from having to obtain a fishing license from youth under 16 years of age to youth under 18 years of age.

Section 14 increases the fine for unlawfully transporting, importing, exporting, or releasing native wildlife from $50 to $150.

Section 25 requires a person to purchase an aquatic nuisance species sticker to operate or use a vessel on the waters of the state or possess a vessel at a vessel staging area. The fees collected on the sale of aquatic nuisance species stickers are credited to the division of parks and wildlife aquatic nuisance species fund to help fund inspections of vessels and associated conveyances for the presence of aquatic nuisance species, decontamination of vessels or conveyances with the presence of aquatic nuisance species, lake monitoring for the presence of aquatic nuisance species, and outreach efforts.

Under current law, 'pass' or 'registration' is defined as a document issued by the division authorizing the use of land or water under the division's control. Section 17 adds 'sticker' to the definition to encompass the aquatic nuisance species sticker created in section 23.

Section 20 establishes that a violation of the requirement to obtain an aquatic nuisance species sticker is a class 2 petty offense, punishable by a fine equal to twice the cost of a nonresident motorboat or sailboat aquatic nuisance species sticker.

Section 21 repeals the division of wildlife aquatic nuisance species fund and renames the division of parks and outdoor recreation aquatic nuisance species fund as the division of parks and wildlife aquatic nuisance species fund, combining the 2 existing funds into one fund. Sections 5 and 28 make conforming amendments regarding the combining of the 2 funds into one renamed fund.

Section 22 removes the $5 cap on the fee that the division may charge a person for replacement of a lost or destroyed pass or registration. The fee is set at 50% of the cost of the original pass or registration.

Section 24 defines 'nonmotorboat' and 'stand-up paddleboard', and redefines 'sailboat' to exclude a sailboard for purposes of obtaining an aquatic nuisance species sticker.

Section 26 changes the penalty for a violation of statutes and rules concerning parks and recreation for which a specific penalty is not listed from a class 2 petty offense to a misdemeanor and raises the fine from $50 to $100.

Section 23 establishes that engaging in certain unlawful conduct involving a permit, pass, license, registration, or sticker issued by the division is a misdemeanor violation subject to a $200 fine.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Lost

Bill Text