Game and fish-license fees 2.

WORKING DRAFT
2007
STATE OF WYOMING
07LSO-0082.E1

HOUSE BILL
NO.
HB0071

Game and fish-license fees 2.

Sponsored by:
Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee

A BILL

for

AN ACT relating to game and fish; adjusting license, application, entry, stamp and permit fees annually; adjusting selling agent fees annually; adjusting landowner coupon payments annually; requiring reports; authorizing rulemaking; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 23
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1
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504 is created to read:

23
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1
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504. Annual fee adjustments.

(a)

As provided in W.S. 23
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1
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701(b), 23
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2
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101(e), (f) and (j), 23
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2
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107(c)(ii) and (e), 23
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2
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201(d), 23
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2
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301(c), 23
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2
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306(a) and (b), 23
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2
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307(b) and 23
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3
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105(b) the changes in the implicit price deflator for state and local government purchases of goods and services, as published by the United States department of commerce, shall be used by the commission as the index to determine an annual rate of increase or decrease in the application fees, entry fees and fees for licenses, stamps, permits and tags issued by the department, selling agent fees collected by authorized selling agents and landowner coupon payments paid by the department.

(b)

The commission shall determine the change in the implicit price deflator for state and local government purchases of goods and services, as published by the United States department of commerce, for the quarter ending March 31 of the current year compared to the quarter ending March 31 of the previous year. The relative amount of the change shall be multiplied by the current application fee or entry fee and for each current license, stamp, permit and tag issued by the department, the current selling agent fee collected by authorized selling agents and the current landowner coupon payment paid by the department. The product shall be rounded to the nearest twenty-five cents ($0.25) and the resulting amount shall be added to the fee for the current year. The resulting amount shall be the fee for the license year beginning on or after January 1 of the next succeeding calendar year for the application fee and license, stamp, permit and tag issued by the department, selling agent fee collected by authorized selling agents and landowner coupon payment paid by the department that is adjusted under this section.

(c)

Notwithstanding any other provision of law, the commission may recalculate the current fees charged for each application fee, entry fee and license, stamp, permit and tag issued by the department, selling agent fee collected by authorized selling agents and landowner coupon payment paid by the department to determine that all appropriate indexing has been included in the current fees.

(d)

The calculations provided for in this section shall be reported to the legislature and the governor in the annual report provided in W.S. 23
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1
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503.

(e)

The commission shall, at least every five (5) years, analyze all application fees and fees for licenses, stamps, permits and tags issued by the department, selling agent fees collected by authorized selling agents and landowner coupon payments paid by the department to ensure the appropriate fee is charged. Where appropriate, the commission shall recommend to the legislature that fees established by statute be adjusted to ensure that those fees are appropriate.

Section 2.
W.S. 23
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302(a) by creating a new paragraph (xxx), 23
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1
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701(b), 23
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2
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101(e), (f)(intro) and (j)(intro), 23
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2
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107(c)(ii) and (e), 23
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2
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201(d)(intro), 23
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2
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301(c)(intro), 23
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2
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306(a)(intro) and (b)(intro) and 23
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3
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105(b) are amended to read:

23
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1
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302.

Powers and duties.

(a)

The commission is directed and empowered:

(xxx)

By rule and regulation, to adjust
application fees, entry fees and fees for licenses, stamps, permits and tags issued by the department, selling agent fees collected by authorized selling agents and landowner coupon payments paid by the department annually to an amount computed under W.S. 23
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504.

23
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701.

Selling agents; administration of oaths; licenses, permits and game tags.

(b)

Each license selling agent shall charge a fee as provided in this subsection for each license, permit or stamp he sells or distributes pursuant to this act. The fee shall not be charged if this act specifies that the issuance shall be without fee or fails to establish a fee for the issuance of the license, permit or stamp. Each license, permit or stamp sold or distributed under this act shall display the total amount only of all fees and other charges required under this act or otherwise provided by law. Each selling agent shall retain one dollar and fifty cents ($1.50) for each license and fifty cents ($.50) for each stamp or permit he sells
as adjusted pursuant to W.S. 23
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504
. For failure to comply with this section, selling agents shall not be entitled to retain the amounts specified in this subsection and shall be liable on their bond. No employee of the commission shall receive any commission on licenses, stamps or permits sold, but the department shall charge the additional fee specified in this subsection, or otherwise provided by law, for each license, stamp or permit sold by commission employees. The fee charged under this subsection shall be in addition to the amount otherwise established by this act for the license, permit or stamp and shall be as follows:

(i)

One dollar ($1.00) for each license
as adjusted pursuant to W.S. 23
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504
, except that this additional fee shall not be charged for licenses under W.S. 23
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705(e), 23
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2
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101(j)(xi), (xvi), (xvii), (xx), (xxi), (xxxii) or (xxxiii), 23
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2
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201(d)(iii) or (iv) or (f) or 23
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2
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301(c)(xiii);

(ii)

Fifty cents ($.50) for each stamp
as adjusted pursuant to W.S. 23
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1
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504
;

(iii)

Fifty cents ($.50) for each permit
as adjusted pursuant to W.S. 23
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1
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504
, except that this additional fee shall not be charged for permits under W.S. 23
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1
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302(m).

23
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2
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101.

Fees; restrictions; nonresident application fee; nonresident licenses; verification of residency required.

(e)

Resident and nonresident license applicants shall pay an application fee in an amount specified by this subsection upon submission of an application for purchase of any limited quota drawing for big or trophy game license or wild bison license. The resident application fee shall be four dollars ($4.00) and the nonresident application fee shall be twelve dollars ($12.00)
as adjusted pursuant to W.S. 23
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504
. The application fee is in addition to the fees prescribed by subsections (f) and (j) of this section and by W.S. 23
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107 and shall be payable to the department either directly or through an authorized selling agent of the department. At the beginning of each month, the commission shall set aside all of the fees collected during calendar year 1980 and not to exceed twenty-five percent (25%) of the fees collected thereafter pursuant to this subsection to establish and maintain a working balance of five hundred thousand dollars ($500,000.00), to compensate owners or lessees of property damaged by game animals and game birds.

(f)

Forty percent (40%) of available nonresident elk licenses, forty percent (40%) of available nonresident deer licenses and forty percent (40%) of available nonresident antelope licenses for any one (1) calendar year shall as established by the commission, be offered to nonresident applicants upon receipt of the fee prescribed by this subsection. Seventy-five (75) of the nonresident deer licenses set aside pursuant to this subsection shall be used for a national bow hunt for deer. The licenses authorized by this subsection shall be offered by drawing to nonresident applicants prior to the drawing for the remaining nonresident licenses issued. The licenses offered under this subsection shall be issued in a manner prescribed by rules and regulations promulgated by the commission. Nothing in this subsection shall prohibit any unsuccessful applicant for a nonresident license pursuant to this subsection from submitting an application for any licenses remaining after the drawing during the calendar year in which the application under this subsection was submitted. The following fees
as adjusted pursuant to W.S. 23
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504
shall be collected by the department and are in addition to the nonresident license fee for the appropriate big game species imposed under subsection (j) of this section and the application fee imposed under subsection (e) of this section:

(j)

Subject to W.S. 23
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2
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101(f), 23
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1
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705(e) and the applicable fee under W.S. 23
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1
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701, the following hunting licenses and tags may be purchased for the fee indicated
as adjusted pursuant to W.S. 23
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1
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504
and subject to the limitations provided:

23
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2
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107.

Wild bison licenses.

(c)

The commission shall promulgate reasonable rules and regulations regulating wild bison licenses and the management of wild bison. The rules shall provide for:

(ii)

A nonrefundable entry fee for the drawing of a license, which shall be a minimum of five dollars ($5.00)
as adjusted pursuant to W.S. 23
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504
;

(e)

A resident applicant shall pay a license fee of three hundred thirty dollars ($330.00)
as adjusted pursuant to W.S. 23
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504
and shall pay the fee required by W.S. 23
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101(e). A nonresident applicant shall pay a license fee of two thousand one hundred dollars ($2,100.00)
as adjusted pursuant to W.S. 23
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504
and shall pay the fee required by W.S. 23
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101(e). The fee charged under W.S. 23
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701 shall be in addition to the fee imposed under this subsection.

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201.

Fees; restrictions; verification of residency required.

(d)

The following fishing licenses may be purchased for the fee indicated
as adjusted pursuant to W.S. 23
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504
in addition to the applicable fee under W.S. 23
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1
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701 and subject to the limitations provided:

23
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2
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301.

Miscellaneous fees; verification of residency required.

(c)

The following licenses and tags may be purchased for the fee indicated
as adjusted pursuant to W.S. 23
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504
in addition to the applicable fee under W.S. 23
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701 and subject to other requirements of this article:

23
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2
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306.

Conservation stamp; exemptions.

(a)

Subject to subsection (b) of this section and the applicable fee under W.S. 23
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701, each sportsman licensed under W.S. 23
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101, 23
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2
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107 or 23
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2
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201 shall purchase a single conservation stamp for ten dollars ($10.00)
as adjusted pursuant to W.S. 23
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504
which shall be valid for one (1) calendar year and the stamp or an authorization signifying purchase of the stamp shall be in the possession of any person exercising rights under any fishing or hunting license issued pursuant to W.S. 23
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2
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101, 23
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2
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107 or 23
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2
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201. Holders of licenses issued under W.S. 23
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705(d) and (e), of special limited fishing permits issued under W.S. 23
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2
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207 and holders of licenses only under W.S. 23
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2
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101(j)(v) and (vi), 23
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201(d)(vi) and (vii), 23
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2
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201(f) and 23
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2
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201(g) are exempt from the provisions of this section. Revenues collected from the sale of each stamp under this subsection shall be deposited as follows:

(b)

A lifetime conservation stamp may be purchased for one hundred fifty dollars ($150.00)
as adjusted pursuant to W.S. 23
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504
plus the applicable fee under W.S. 23
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1
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701. Revenues collected from the sale of each stamp under this subsection shall be deposited as follows:

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105.

Antelope, deer and elk coupons; payment to landowner; kill on federal or state land.

(b)

The landowner's coupon shall promptly be detached, dated, signed and delivered to the landowner. The landowner on or before February 1 following the year for which the license was valid, shall deliver to the department the coupon and an affidavit that the antelope, deer or elk for which the coupon was delivered was killed on his land. Upon receipt of the coupon and affidavit the department shall pay the landowner thirteen dollars ($13.00)
as adjusted pursuant to W.S. 23
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504
for each coupon from an antelope, deer or elk license. Landowner's coupons are not transferable. Any unauthorized person attempting to collect any sum for any landowner's coupon is guilty of a second degree misdemeanor. Effective January 1, 2000, the department shall provide a checkoff box on each landowner coupon affidavit claim form that offers the claimant the opportunity to designate the animal damage management board to receive his payment amount for landowner coupons claimed on that form. For each claim made where the landowner has designated his payment to the animal damage management board, the department shall transfer that amount to the animal damage management account created by W.S. 11
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306 and the department shall retain the fees related to those administrative costs of the transfer.

Section 3.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.
.
(END)

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HB0071