SCS CSHB 357(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."
00SENATE CS FOR CS FOR HOUSE BILL NO. 357(RES) 01 "An Act relating to the issuance of hunting, trapping, and noncommercial 02 fishing licenses, tags, and permits and to residency for fish and game purposes; 03 and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 16.05.340(a)(24) is amended to read: 06 (24) Nonresident anadromous king salmon tag - valid for the period 07 inscribed on the tag 08 (A) for a one-day tag . . . . . . . . . . . . . . . . . . . . . . . . . . . .$10 09 (B) for a three-day tag . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 10 (C) for a 14-day or annual tag. . . . . . . . . . . . . . . . . . . . . . . .35. 11 A nonresident may not engage in sport fishing for anadromous king salmon without 12 having a valid anadromous king salmon tag in the person's actual possession, unless 13 that person is under the age of 16. However, members of the military service on 14 active duty who are permanently stationed in the state, and their dependents, who do
01 not qualify as residents under AS 16.05.415 [AS 16.05.940], may obtain an annual 02 nonresident military anadromous king salmon tag for $20. 03 * Sec. 2. AS 16.05.340(d) is amended to read: 04 (d) Members of the military service on active duty who are permanently 05 stationed in the state, and their dependents, who do not qualify as residents under 06 AS 16.05.415 [AS 16.05.940], may obtain special nonresident military small game and 07 sport fishing licenses at the rates for resident hunting and sport fishing licenses, but 08 may not take a big game animal without previously purchasing a regular nonresident 09 hunting license and a numbered, nontransferable appropriate tag, issued at one-half of 10 the nonresident rate, under (a)(15) of this section. 11 * Sec. 3. AS 16.05.340 is amended by adding a new subsection to read: 12 (g) A hunting, trapping, or fishing license, tag, or permit for which a fee is 13 authorized under this section or for which the fee is waived or modified under 14 AS 16.05.330 - 16.05.430 may be issued only to a natural person. 15 * Sec. 4. AS 16.05 is amended by adding a new section to read: 16 Sec. 16.05.415. DETERMINATION OF RESIDENCY. (a) In AS 16.05.330 - 17 16.05.430, a person, except as provided in (c) - (f) of this section, establishes residency 18 in the state by 19 (1) being physically present in the state with the intent to remain in the 20 state indefinitely and to make a home in the state; 21 (2) maintaining the person's domicile in the state for the preceding 12 22 consecutive months; 23 (3) not claiming residency in another state or country; 24 (4) not obtaining benefits under a claim of residency in another state 25 or country; and 26 (5) not receiving an employment benefit from the person's employer 27 that is provided as a condition of hire to a person who is hired from outside of the 28 state to work in the state but is not provided to employees of the employer who are 29 hired in the state; in this paragraph, "employment benefit" includes salary, employer 30 provided or subsidized housing, house resale price guarantee agreement, home leave, 31 or similar benefit.
01 (b) A person who establishes residency in the state under (a) of this section 02 remains a resident during an absence from the state unless during the absence the 03 person 04 (1) establishes or claims residency in another state or country; or 05 (2) performs an act, or is absent under circumstances, that are 06 inconsistent with the intent required under (a) of this section to remain a resident of 07 this state. 08 (c) A person who is a member of the military service or the United States 09 Coast Guard establishes residency in the state for the purposes of AS 16.05.330 - 10 16.05.430 by being stationed in the state for the preceding 12 consecutive months. 11 This subsection does not apply to a person who establishes and maintains residency 12 in the state under (a) and (b) of this section. 13 (d) A person who is the dependent of a resident member of the military service 14 or the United States Coast Guard establishes residency in the state for the purposes of 15 AS 16.05.330 - 16.05.430 by living in the state for the preceding 12 consecutive 16 months. This subsection does not apply to a person who establishes and maintains 17 residency in the state under (a) and (b) of this section. 18 (e) A person who is an alien establishes residency in the state for the purposes 19 of AS 16.05.330 - 16.05.430 by 20 (1) maintaining the person's domicile in the state for the preceding 12 21 consecutive months; 22 (2) not claiming residency in another state or country; 23 (3) not obtaining benefits under a claim of residency in another state 24 or country; and 25 (4) not receiving an employment benefit from the person's employer 26 that is provided as a condition of hire to a person who is hired from outside of the 27 state to work in the state but is not provided to employees of the employer who are 28 hired in the state; in this paragraph, "employment benefit" includes salary, employer 29 provided or subsidized housing, house resale price guarantee agreement, home leave, 30 or similar benefit. 31 (f) In AS 16.05.330 - 16.05.430, a person that is not a natural person, other
01 than a sole proprietorship, establishes residency by maintaining its main office or 02 headquarters in the state and providing proof, satisfactory to the commissioner, of that 03 fact to the department or an agent of the department upon demand. A sole 04 proprietorship has the same residency as the person, whether natural or otherwise, who 05 is the proprietor of the entity. The commissioner may adopt regulations as necessary 06 to implement this subsection. 07 (g) A natural person who does not qualify as a resident under (a) - (e) of this 08 section does not qualify as a resident by virtue of an interest in a resident business 09 entity under (f) of this section. 10 (h) In AS 16.05.330 - 16.05.430, a nonresident 11 (1) person is a person who does not qualify as a resident under (a) - 12 (f) of this section; and 13 (2) alien is an alien person who does not qualify as a resident under (e) 14 of this section. 15 * Sec. 5. AS 16.05.940(26) is amended to read: 16 (26) "resident" means 17 (A) a person who for the preceding 12 consecutive months has 18 maintained the person's domicile [A PERMANENT PLACE OF ABODE] in 19 the state and who has not claimed residency benefits in another state or 20 country; 21 (B) [CONTINUALLY MAINTAINED A VOTING 22 RESIDENCE IN THE STATE; AND IN THE CASE OF] a partnership, 23 association, joint stock company, trust, or corporation [, "RESIDENT" MEANS 24 ONE] that has its main office or headquarters in the state; a natural person 25 who does not otherwise qualify as a resident under this paragraph may not 26 qualify as a resident by virtue of an interest in a partnership, association, 27 joint stock company, trust, or corporation; 28 (C) [HOWEVER,] a member of the military service, or United 29 States Coast Guard, who has been stationed in the state for the preceding 12 30 consecutive months; 31 (D) a person who is [A RESIDENT FOR THE PURPOSES OF
01 THIS PARAGRAPH, AND] the dependent of a resident member of the military 02 service, or the United States Coast Guard, and who has lived [BEEN 03 LIVING] in the state for the preceding 12 consecutive months; or 04 (E) [YEAR IS A RESIDENT FOR THE PURPOSES OF THIS 05 PARAGRAPH; AND A PERSON WHO IS] an alien [BUT] who for the 06 preceding 12 consecutive months [ONE YEAR] has maintained the person's 07 domicile [A PERMANENT PLACE OF ABODE] in the state and has not 08 claimed residency benefits in another state or country [IS A RESIDENT 09 FOR THE PURPOSES OF THIS PARAGRAPH]; 10 * Sec. 6. This Act takes effect January 1, 1997.