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SB 171: "An Act changing the residency requirements for sport fishing, hunting, and trapping privileges; and providing for an effective date."

00 SENATE BILL NO. 171 01 "An Act changing the residency requirements for sport fishing, hunting, and trapping 02 privileges; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05.400 is amended by adding a new subsection to read: 05 (d) A person who is issued a permanent identification card under this section 06 may sport fish, hunt, or trap only if the person continues to meet the residency 07 requirements of AS 16.05.415. 08 * Sec. 2. AS 16.05.415(a) is amended to read: 09 (a) In AS 16.05.330 - 16.05.430, a person, except as provided in (c) - (f) of 10 this section, is a resident if the person 11 (1) is physically present in the state with the intent to remain in the 12 state indefinitely and to make a home in the state; 13 (2) has maintained the person's domicile in the state for the 12 14 consecutive months immediately preceding the application for a license;

01 (3) has been physically present in the state at all times during the 02 12 consecutive months under (2) of this subsection or, if absent, was absent only 03 as allowed in AS 43.23.008; 04 (4) is not claiming residency in another state, territory, or country; and 05 (5) [(4)] is not obtaining benefits under a claim of residency in another 06 state, territory, or country. 07 * Sec. 3. AS 16.05.415(e) is amended to read: 08 (e) A person who is an alien is a resident for the purposes of AS 16.05.330 - 09 16.05.430 if the person 10 (1) is physically present in the state with the intent to remain in the 11 state indefinitely and to make a home in the state; 12 (2) has maintained the person's domicile in the state for the 12 13 consecutive months immediately preceding the application for a license; 14 (3) has been physically present in the state at all times during the 15 12 consecutive months under (2) of this subsection or, if absent, was absent only 16 as allowed in AS 43.23.008; 17 (4) is not claiming residency in another state, territory, or country; and 18 (5) [(4)] is not obtaining benefits under a claim of residency in another 19 state, territory, or country. 20 * Sec. 4. AS 16.05.415 is amended by adding a new subsection to read: 21 (j) The commissioner shall adopt regulations under AS 44.62 (Administrative 22 Procedure Act) for determining the eligibility of an individual for licensure as a 23 resident under this section. The commissioner may require an individual to provide 24 proof of eligibility, and the commissioner may use other information available from 25 other state departments or agencies to determine the eligibility of an individual. The 26 commissioner shall consider all relevant circumstances in determining the eligibility 27 of an individual. 28 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 TRANSITION: REGULATIONS. The Department of Fish and Game may adopt 31 regulations necessary to implement the changes made by this Act. The regulations take effect

01 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 02 relevant provision of this Act implemented by the regulation. 03 * Sec. 6. Section 5 of this Act takes effect immediately under AS 01.10.070(c). 04 * Sec. 7. Except as provided in sec. 6 of this Act, this Act takes effect January 1, 2025.