HB 357: "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."
00HOUSE BILL NO. 357 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, establishes residency 12 in the state by 13 (1) being 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) maintaining the person's domicile in the state for the preceding 12 02 consecutive months; and 03 (3) not claiming residency in another state or country and not obtaining 04 benefits under a claim of residency in another state or country. 05 (b) A person who establishes residency in the state under (a) of this section 06 remains a resident during an absence from the state unless during the absence the 07 person 08 (1) establishes or claims residency in another state or country; or 09 (2) performs an act, or is absent under circumstances, that are 10 inconsistent with the intent required under (a) of this section to remain a resident of 11 this state. 12 (c) A person who is a member of the military service or the United States 13 Coast Guard establishes residency in the state for the purposes of AS 16.05.330 - 14 16.05.430 by being stationed in the state for the preceding 12 consecutive months. 15 This subsection does not apply to a person who establishes and maintains residency 16 in the state under (a) and (b) of this section. 17 (d) A person who is the dependent of a resident member of the military service 18 or the United States Coast Guard establishes residency in the state for the purposes of 19 AS 16.05.330 - 16.05.430 by living in the state for the preceding 12 consecutive 20 months. This subsection does not apply to a person who establishes and maintains 21 residency in the state under (a) and (b) of this section. 22 (e) A person who is an alien establishes residency in the state for the purposes 23 of AS 16.05.330 - 16.05.430 by 24 (1) maintaining the person's domicile in the state for the preceding 12 25 consecutive months; and 26 (2) not claiming residency in another state or country and not obtaining 27 benefits under a claim of residency in another state or country. 28 (f) In AS 16.05.330 - 16.05.430, a person that is not a natural person, other 29 than a sole proprietorship, establishes residency by maintaining its main office or 30 headquarters in the state and providing proof, satisfactory to the commissioner, of that 31 fact to the department or an agent of the department upon demand. A sole
01 proprietorship has the same residency as the person, whether natural or otherwise, who 02 is the proprietor of the entity. The commissioner may adopt regulations as necessary 03 to implement this subsection. 04 (g) A natural person who does not qualify as a resident under (a) - (e) of this 05 section does not qualify as a resident by virtue of an interest in a resident business 06 entity under (f) of this section. 07 (h) In AS 16.05.330 - 16.05.430, a nonresident 08 (1) person is a person who does not qualify as a resident under (a) - 09 (f) of this section; and 10 (2) alien is an alien person who does not qualify as a resident under (e) 11 of this section. 12 * Sec. 3. AS 16.05.940(26) is amended to read: 13 (26) "resident" means 14 (A) a person who for the preceding 12 consecutive months has 15 maintained the person's domicile [A PERMANENT PLACE OF ABODE] in 16 the state and who has not claimed residency benefits in another state or 17 country; 18 (B) [CONTINUALLY MAINTAINED A VOTING 19 RESIDENCE IN THE STATE; AND IN THE CASE OF] a partnership, 20 association, joint stock company, trust, or corporation [, "RESIDENT" MEANS 21 ONE] that has its main office or headquarters in the state; a natural person 22 who does not otherwise qualify as a resident under this paragraph may not 23 qualify as a resident by virtue of an interest in a partnership, association, 24 joint stock company, trust, or corporation; 25 (C) [HOWEVER,] a member of the military service, or United 26 States Coast Guard, who has been stationed in the state for the preceding 12 27 consecutive months; 28 (D) a person who is [A RESIDENT FOR THE PURPOSES OF 29 THIS PARAGRAPH, AND] the dependent of a resident member of the military 30 service, or the United States Coast Guard, and who has lived [BEEN 31 LIVING] in the state for the preceding 12 consecutive months; and
01 (E) [YEAR IS A RESIDENT FOR THE PURPOSES OF THIS 02 PARAGRAPH; AND A PERSON WHO IS] an alien [BUT] who for the 03 preceding 12 consecutive months [ONE YEAR] has maintained the person's 04 domicile [A PERMANENT PLACE OF ABODE] in the state and has not 05 claimed residency benefits in another state or country [IS A RESIDENT 06 FOR THE PURPOSES OF THIS PARAGRAPH]; 07 * Sec. 4. This Act takes effect January 1, 1997.