HB 25: "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. 25 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; 03 (3) not claiming residency in another state or country; and 04 (4) not obtaining benefits under a claim of residency in another state 05 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 or country; or 10 (2) performs an act, or is absent under circumstances, that are 11 inconsistent with the intent required under (a) of this section to remain a resident of 12 this state. 13 (c) A person who is a member of the military service or the United States 14 Coast Guard establishes residency in the state for the purposes of AS 16.05.330 - 15 16.05.430 by being stationed in the state for the preceding 12 consecutive months. 16 This subsection does not apply to a person who establishes and maintains residency 17 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 establishes residency in the state for the purposes of 20 AS 16.05.330 - 16.05.430 by living in the state for the preceding 12 consecutive 21 months. This subsection does not apply to a person who establishes and maintains 22 residency in the state under (a) and (b) of this section. 23 (e) A person who is an alien establishes residency in the state for the purposes 24 of AS 16.05.330 - 16.05.430 by 25 (1) maintaining the person's domicile in the state for the preceding 12 26 consecutive months; 27 (2) not claiming residency in another state or country; and 28 (3) not obtaining benefits under a claim of residency in another state 29 or country. 30 (f) In AS 16.05.330 - 16.05.430, a person that is not a natural person, other 31 than a sole proprietorship, establishes residency by maintaining its main office or
01 headquarters in the state and providing proof, satisfactory to the commissioner, of that 02 fact to the department or an agent of the department upon demand. A sole 03 proprietorship has the same residency as the person, whether natural or otherwise, who 04 is the proprietor of the entity. The commissioner may adopt regulations as necessary 05 to implement this subsection. 06 (g) A natural person who does not qualify as a resident under (a) - (e) of this 07 section does not qualify as a resident by virtue of an interest in a resident business 08 entity under (f) of this section. 09 (h) In AS 16.05.330 - 16.05.430, a nonresident 10 (1) person is a person who does not qualify as a resident under (a) - 11 (f) of this section; and 12 (2) alien is an alien person who does not qualify as a resident under (e) 13 of this section. 14 * Sec. 3. AS 16.05.940(26) is amended to read: 15 (26) "resident" means 16 (A) a person who for the preceding 12 consecutive months has 17 maintained the person's domicile [A PERMANENT PLACE OF ABODE] in 18 the state and who is neither claiming residency in another state or country 19 nor obtaining benefits under a claim of residency in another state or 20 country; 21 (B) [HAS 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 who is 08 neither claiming residency in another state or country nor obtaining 09 benefits under a claim of residency in another state or country [IS A 10 RESIDENT FOR THE PURPOSES OF THIS PARAGRAPH]; 11 * Sec. 4. This Act takes effect January 1, 1998.