Legislature(1997 - 1998)
04/07/1997 03:38 PM Senate RES
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HB 25 FISH & GAME:LICENSES & RESIDENCY
Number 001
CHAIRMAN HALFORD called the Senate Resources Committee meeting to
order at 3:38 p.m. and announced HB 25 to be up for consideration.
REPRESENTATIVE SCOTT OGAN, sponsor, said he was inspired to
introduce this legislation because of a situation regarding a
neighbor of his who had never established residency in the State,
but every year came up and hunted on a resident hunting and fishing
license. He maintained what was called the current place of abode,
a cabin and a post office box. After several discussions with Fish
and Wildlife Protection he found he couldn't do anything about it.
So HB 25 tries to fix that by changing the word "abode" to
"domicile" as defined in Black's Law Dictionary. It also
distinguishes that having an interest in a partnership or
association of companies does not qualify a person as a resident.
It prohibits persons who are claiming residency in another state,
country or territory as qualifying as a resident. The bill adds
members of the Coast Guard to the other military services, in terms
of resident fishing licenses, because in the past they were
considered sort of military, but this makes it clear.
Number 72
SENATOR SHARP asked if we weren't giving the military as liberal
benefits as in the Permanent Fund. REPRESENTATIVE OGAN replied no
and they are only codifying what was current practice with the
Coast Guard. They aren't touching the other military services at
all.
SENATOR TAYLOR said last year they adopted an amendment which
precluded those people who are claiming residency status in another
State for purposes of an economic benefit from receiving a
residency hunting privilege and asked if that was in this bill.
REPRESENTATIVE OGAN replied no.
SENATOR TAYLOR asked why. REPRESENTATIVE OGAN explained that
provision was problematic on the House floor last year.
CHAIRMAN HALFORD said he thought that concept was included in the
section on claiming residence in another state, territory or
country on page 2, lines 4 and 31. REPRESENTATIVE OGAN pointed out
that section had to do with remuneration for moving expenses and
the concern on the House floor was that it could include oil
executives whose houses are often bought if they move out-of-State.
He said he had a legal opinion that said it was somewhat
questionable whether or not it was constitutional. SENATOR TAYLOR
said he thought there was a need to have different language and he
thought the problem fell within the term of residency. He said
there are all kinds of loopholes. He used the example of a federal
employee who moves from Wisconsin to Alaska which is still treated
like a territory by the federal government. The person is given a
round trip air fare back to their "home" every two years. He said
residency for voting is 30 days; residency for a hunting license is
one year. CHAIRMAN HALFORD said he was sympathetic to what Senator
Taylor was trying to do, and he had the language he was looking
for, but he thought the way its drafted it's arguable as to whether
it's already in there.
REPRESENTATIVE OGAN said he had a legal opinion from Tam Cook that
suggested that amendment was unconstitutional. CHAIRMAN HALFORD
said he thought the question should be heard out. He thought the
bill before them was a significant step in the right direction and
he didn't want to bog it down with anything restrictive.
SENATOR TAYLOR said sooner or later we were going to have to figure
out what it is to be an Alaskan resident. There was a definition
set up for the Permanent Fund that was very specific and now they
are trying to be specific here and the two don't match.
SENATOR GREEN said she didn't understand what they are trying to
do. CHAIRMAN HALFORD explained that they way the bill works, if
you're claiming a benefit from a government outside of the State
for residency within that government's jurisdiction, you can't get
a benefit in this State. He thinks what Senator Taylor is saying
is that if you're receiving a benefit for being a non-resident from
any other entity (government or not), you can't turn around and
claim residence and get the lower price license inside the State of
Alaska. SENATOR TAYLOR said that is what he is saying.
REPRESENTATIVE OGAN said the new section of the bill says that you
have to be physically present in the State with the intent to
remain indefinitely and make a home in the State. You have to
maintain a domicile which means your main residence.
CHAIRMAN HALFORD commented that the other bottom line is if you are
on a two year rotation in Alaska, it's pretty hard to sign a
statement that says you intend to remain here indefinitely.
SENATOR TAYLOR added that you can never enforce that because it's
prospective and they may intend, the day they sign it, to stay here
for ever.
SENATOR TAYLOR asked what other changes there were from last year's
bill other than deleting that amendment. REPRESENTATIVE OGAN
replied that the only changes they made was from "maintaining the
person's domicile in the State for the preceding consecutive
months" to "the twelve consecutive months immediately preceding" on
the recommendation of the drafter. It also makes it clear that the
definition of residency being established is solely for qualifying
for hunting, fishing and trapping licenses, and adds territory to
include such places as Guam and Puerto Rico. He noted that the
Coast Guard was in last year's bill.
SENATOR GREEN moved to pass CSHB 25(RES) from committee with
individual recommendations and the accompanying $0 fiscal notes.
There were no objections and it was so ordered.
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