02/03/1997 05:05 PM House FSH

 HB 25 -  FISH & GAME: LICENSES & RESIDENCY                                   
                                                                              
 Number 075                                                                    
                                                                               
 CHAIRMAN AUSTERMAN stated that first on the committee's agenda is             
 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."             
 Chairman Austerman asked Representative Ogan to provide the                   
 committee with his sponsor testimony.                                         
                                                                               
 REPRESENTATIVE SCOTT OGAN stated that HB 25, is a duplicate of a              
 bill that passed the legislature last year but died when returning            
 to the House for concurrence.  Representative Ogan stated that the            
 purpose of HB 25 is to streamline and clean up the loopholes                  
 present in Title 16's residency description, specifically                     
 pertaining to hunting and fishing licenses.  Representative Ogan              
 stated that in HB 25, in order to make it easier to define and                
 prosecute Title 16 residency cases, the definition of residency, as           
 a permanent place of abode has been changed to domicile, as defined           
 in Blacks Law Dictionary.                                                     
                                                                               
 Number 235                                                                    
                                                                               
 REPRESENTATIVE OGAN stated that Section 1 of HB 25, clearly defines           
 the existing Title 16 language to read "a hunting, trapping or non-           
 commercial fishing license tag or permit may used only to a natural           
 person."                                                                      
                                                                               
 Number 279                                                                    
                                                                               
 REPRESENTATIVE OGAN stated that Section 2, of HB 25, expresses how            
 residency is determined for hunting, fishing or non-commercial                
 fishing licenses.  Section 2, does not change the existing military           
 language rather it clarifies that the coast guard is a part of the            
 military.                                                                     
                                                                               
 Number 368                                                                    
                                                                               
 JOEL HARD, Lieutenant Commander, Division of Fish and Wildlife                
 Protection, Department of Public Safety, testified via                        
 teleconference from Anchorage, that he was available to answer any            
 questions the committee might have on HB 25.                                  
                                                                               
 Number 408                                                                    
                                                                               
 REPRESENTATIVE OGAN asked if Lieutenant Hard has any experiences in           
 prosecuting residency cases and to explain what difficulties he has           
 encountered in the existing statute.                                          
                                                                               
 Number 496                                                                    
                                                                               
 LIEUTENANT HARD replied that his experiences have shown that                  
 changing the wording from abode to domicile will alleviate the past           
 problems.  He stated domicile will bring uniformity, as it is the             
 used in defining residency in other statutes as well as it will               
 provide less ambiguity.                                                       
                                                                               
 Number 476                                                                    
                                                                               
 REPRESENTATIVE OGAN further asked Lieutenant Hard if his trouble in           
 prosecuting residency cases was due to the ambiguous language in              
 the existing statutes.                                                        
                                                                               
 LIEUTENANT HARD answered, "Correct."                                          
                                                                               
 REPRESENTATIVE OGAN asked if Lieutenant Hard felt the language in             
 HB 25 will adequately clarify the existing language.                          
                                                                               
 Number 496                                                                    
                                                                               
 LIEUTENANT HARD stated he believed the new language would clarify             
 the existing language.  However, he suggested he would tightened up           
 the language on page 2, line 15 and line 20, from "preceding 12               
 consecutive months" to "the 12 consecutive months immediately                 
 preceding the application for residency."  He stated that would               
 make their applications to the Department of Law easier.                      
                                                                               
 Number 624                                                                    
                                                                               
 REPRESENTATIVE OGAN asked if he would fax a copy to the House                 
 Resources Standing Committee.                                                 
                                                                               
 Number 653                                                                    
                                                                               
 CHAIRMAN AUSTERMAN confirmed that the committee is planning to move           
 HB 25 out of committee tonight and that the House Resources                   
 Standing Committee will take HB 25 up next.                                   
                                                                               
 STEVE HOFFMAN, testified via teleconference from Ketchikan, that              
 "the majority of us here support HB 25."                                      
                                                                               
 Number 843                                                                    
 DONALD WESTLUND, testified via teleconference from Ketchikan, in              
 support of HB 25.                                                             
                                                                               
 Number 871                                                                    
                                                                               
 REPRESENTATIVE OGAN stated that HB 25 was the result of extensive             
 work between the Department of Fish and Game, the Department of               
 Law, the Division of Fish and Wildlife Protection, Legislative                
 Legal and himself.  He stated that he hopes the committee will pass           
 HB 25 out of committee.                                                       
                                                                               
 CHAIRMAN AUSTERMAN asked for a motion to move HB 25 out of                    
 committee.                                                                    
                                                                               
 Number 915                                                                    
                                                                               
 REPRESENTATIVE GENE KUBINA made a motion to move HB 25.                       
                                                                               
 CHAIRMAN AUSTERMAN stated there being no objection, HB 25 moved out           
 of the House Special Committee on Fisheries.