SB 219: "An Act providing for the transfer of and addition of names to a personal use cabin permit for a cabin on state land; and providing for an effective date."
00 SENATE BILL NO. 219 01 "An Act providing for the transfer of and addition of names to a personal use cabin 02 permit for a cabin on state land; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 TRANSFER OF PERMIT FOR PERSONAL USE CABIN ON STATE LAND. (a) 07 Notwithstanding regulations adopted by the Department of Natural Resources in 1984 and 08 amendments to those regulations adopted by that department in 1993, 2001, and 2018 under 09 the authority of AS 38.04.035, 38.04.900, AS 38.05.020, AS 41.21.020, and AS 44.37.011 as 10 those provisions read on the date those regulations were adopted, that state that a personal use 11 cabin permit is not transferable or assignable and is valid only during the lifetime of the 12 original holder of the permit, the department shall, 13 (1) at the request of an original permit holder, 14 (A) transfer the permit holder's permit to an immediate family member
01 of the permit holder; or 02 (B) add an immediate family member of the permit holder as an 03 additional permittee with a right of survivorship in the permit; and 04 (2) if the original permit holder of a permit that has not been transferred or 05 assigned dies before the age provided by the National Center for Health Statistics as the 06 average life expectancy of a person residing in the state at the time of the permit holder's 07 birth, allow an immediate family member of the deceased permit holder to assume the 08 privileges of the permit for a period equal to the difference between the original permit 09 holder's age at death and the life expectancy determined under this paragraph. 10 (b) Notwithstanding the regulations that state that a personal use cabin permit is not 11 transferable or assignable and is valid only during the lifetime of the original holder, an 12 immediate family member of an original personal use cabin permit holder or deceased 13 personal use cabin permit holder may assume the privileges of a permit under (a) of this 14 section only if the person is qualified under regulations adopted by the Department of Natural 15 Resources. 16 (c) For an immediate family member of a personal use cabin permit holder 17 (1) to be added to or transferred a permit under (a)(1) of this section, the 18 original permit holder must submit the immediate family member's name to the Department 19 of Natural Resources; 20 (2) to assume the privileges of a permit under (a)(2) of this section, the 21 immediate family member must apply to the Department of Natural Resources within 30 days 22 after the permit holder's death. 23 (d) Once the original permit holder has died, a personal use cabin permit that an 24 immediate family member has been transferred, or had the individual's name added to, under 25 (a)(1) of this section is valid only during the lifetime of the immediate family member. 26 (e) The Department of Natural Resources shall adopt regulations to implement this 27 section. 28 (f) In this section, "personal use cabin permit" means a permit issued by the 29 Department of Natural Resources under regulations adopted by the department in 1984 and 30 amendments to those regulations that were adopted in 1993, 2001, and 2018 to an individual 31 to use an existing cabin that was placed on state land before August 1, 1984.
01 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 PERSONAL USE CABIN PERMITS THAT EXPIRED ON OR AFTER JANUARY 04 1, 2020, AND BEFORE THE EFFECTIVE DATE OF THIS ACT. (a) The Department of 05 Natural Resources shall allow an immediate family member of the holder of a personal use 06 cabin permit that allowed the holder to use an existing cabin that was placed on state land that 07 was issued by the Department of Natural Resources under regulations adopted by the 08 department in 1984 and amendments to those regulations that were adopted in 1993, 2001, 09 and 2018 that expired on or after January 1, 2020, and before the effective date of this Act, 10 because of the death of the original permit holder, to assume the former privileges of the 11 expired permit as provided under sec. 1(a)(2) of this Act as though the permit had not expired. 12 (b) Notwithstanding sec. 1(c)(2) of this Act, for an immediate family member of a 13 personal use cabin permit holder to assume the former privileges of an expired permit under 14 (a) of this section, the immediate family member must apply to the Department of Natural 15 Resources within 60 days after the effective date of this section. 16 (c) In calculating the period for which an immediate family member may assume the 17 former privileges of an expired permit under (a) of this section, the Department of Natural 18 Resources shall count the period after January 1, 2020, that the original permit holder was 19 deceased against the period the family member may assume the former privileges of the 20 expired permit. 21 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).