CSHB 25(RES): "An Act relating to the issuance of hunting, trapping, and noncommercial fishing licenses, tags, and permits and to residency for fish and game purposes; and providing for an effective date."
00CS FOR HOUSE BILL NO. 25(RES) 01 "An Act relating to the issuance of hunting, trapping, and noncommercial fishing 02 licenses, tags, and permits and to residency for fish and game purposes; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 16.05.340 is amended by adding a new subsection to read: 06 (g) A hunting, trapping, or fishing license, tag, or permit for which a fee is 07 authorized under this section or for which the fee is waived or modified under 08 AS 16.05.330 - 16.05.430 may be issued only to a natural person. 09 * Sec. 2. AS 16.05 is amended by adding a new section to read: 10 Sec. 16.05.415. Determination of residency. (a) In AS 16.05.330 - 11 16.05.430, a person, except as provided in (c) - (f) of this section, is a resident if the 12 person 13 (1) is physically present in the state with the intent to remain in the 14 state indefinitely and to make a home in the state;
01 (2) has maintained the person's domicile in the state for the 12 02 consecutive months immediately preceding the application for a license; 03 (3) is not claiming residency in another state, territory, or country; and 04 (4) is not obtaining benefits under a claim of residency in another state, 05 territory, or country. 06 (b) A person who establishes residency in the state under (a) of this section 07 remains a resident during an absence from the state unless during the absence the 08 person 09 (1) establishes or claims residency in another state, territory, or country; 10 or 11 (2) performs an act, or is absent under circumstances, that are 12 inconsistent with the intent required under (a) of this section. 13 (c) A person who is a member of the military service or the United States 14 Coast Guard is a resident for the purposes of AS 16.05.330 - 16.05.430 if the person 15 has been stationed in the state for the 12 consecutive months immediately preceding 16 the application for a license. This subsection does not apply to a person who 17 establishes and maintains residency in the state under (a) and (b) of this section. 18 (d) A person who is the dependent of a resident member of the military service 19 or the United States Coast Guard under (a) or (c) of this section is a resident for the 20 purposes of AS 16.05.330 - 16.05.430 if the person has lived in the state for the 12 21 consecutive months immediately preceding the application for a license. This 22 subsection does not apply to a person who establishes and maintains residency in the 23 state under (a) and (b) of this section. 24 (e) A person who is an alien is a resident for the purposes of AS 16.05.330 - 25 16.05.430 if the person 26 (1) is physically present in the state with the intent to remain in the 27 state indefinitely and to make a home in the state; 28 (2) has maintained the person's domicile in the state for the 12 29 consecutive months immediately preceding the application for a license; 30 (3) is not claiming residency in another state, territory, or country; and 31 (4) is not obtaining benefits under a claim of residency in another state,
01 territory, or country. 02 (f) In AS 16.05.330 - 16.05.430, a person that is not a natural person, other 03 than a sole proprietorship, establishes residency by maintaining its main office or 04 headquarters in the state and providing proof, satisfactory to the commissioner, of that 05 fact to the department or an agent of the department upon demand. A sole 06 proprietorship has the same residency as the person, whether natural or otherwise, who 07 is the proprietor of the entity. The commissioner may adopt regulations as necessary 08 to implement this subsection. 09 (g) A natural person who does not qualify as a resident under (a) - (e) of this 10 section does not qualify as a resident by virtue of an interest in a resident business 11 entity under (f) of this section. 12 (h) In AS 16.05.330 - 16.05.430, a nonresident 13 (1) person is a person who does not qualify as a resident under (a) - 14 (f) of this section; and 15 (2) alien is an alien person who does not qualify as a resident under (e) 16 of this section. 17 (i) In this section, "license" means a license, tag, permit, stamp, identification 18 card, or other indicia of permission to engage in an activity subject to AS 16.05.330 - 19 16.05.430. 20 * Sec. 3. AS 16.05.940(26) is amended to read: 21 (26) "resident" means 22 (A) a person who for the [PRECEDING] 12 consecutive months 23 immediately preceding the time when the assertion of residence is made 24 has maintained the person's domicile [A PERMANENT PLACE OF ABODE] 25 in the state and who is neither claiming residency in another state, territory, 26 or country nor obtaining benefits under a claim of residency in another 27 state, territory, or country; 28 (B) [HAS CONTINUALLY MAINTAINED A VOTING 29 RESIDENCE IN THE STATE; AND IN THE CASE OF] a partnership, 30 association, joint stock company, trust, or corporation [, "RESIDENT" MEANS 31 ONE] that has its main office or headquarters in the state; a natural person
01 who does not otherwise qualify as a resident under this paragraph may not 02 qualify as a resident by virtue of an interest in a partnership, association, 03 joint stock company, trust, or corporation; 04 (C) [HOWEVER,] a member of the military service, or United 05 States Coast Guard, who has been stationed in the state for the 06 [PRECEDING] 12 consecutive months immediately preceding the time when 07 the assertion of residence is made; 08 (D) a person who is [A RESIDENT FOR THE PURPOSES OF 09 THIS PARAGRAPH, AND] the dependent of a resident member of the military 10 service, or the United States Coast Guard, and who has lived [BEEN 11 LIVING] in the state for the 12 consecutive months immediately preceding 12 the time when the assertion of residence is made; or 13 (E) [PRECEDING YEAR IS A RESIDENT FOR THE 14 PURPOSES OF THIS PARAGRAPH; AND A PERSON WHO IS] an alien 15 [BUT] who for the 12 consecutive months immediately preceding the time 16 when the assertion of residence is made [ONE YEAR] has maintained the 17 person's domicile [A PERMANENT PLACE OF ABODE] in the state and 18 who is neither claiming residency in another state, territory, or country 19 nor obtaining benefits under a claim of residency in another state, 20 territory, or country [IS A RESIDENT FOR THE PURPOSES OF THIS 21 PARAGRAPH]; 22 * Sec. 4. This Act takes effect January 1, 1998.