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.