Trouble declaring residency

[DonV]

My sister has moved to AK, as many of you have seen I am planning a hunt there with her as my guide in fall 2007.

Have you ever heard of someone having trouble declaring residency or obtaining a resident license and filling out appropriate forms to guide a NR next of kin?

I want to be SURE I do everything right, my sister is living there, and I will be there in fall 2007, but I do not want to show up, ready to go, and run into a problem!

I keep hearing it is as simple as getting an AK drivers license then getting a hunting license. I cannot believe that is it. Seems like anyone can visit there, get a drivers license and come back in a year and hunt as a resident?

Bottom line is what should I tell my sister to do to be TOTALY sure that we will not have a problem.

I figure a good way is to hear stories about someone who had trouble.

Thanks

DonV Ohio

[fishermann222]

1 year from date entered

Your sister will not become a resident of the state for hunting and fishing purposes for one year. Most people save some kind of evidence of when they first got here. On my first day in Alaska I got my AK DL. One year from that date I was officially a resident.

Hope that helps

[Casper50]

If your last names are different, I'd have a certified copy of both birth certificates available.

[DonV]

My sister is there now, and should get her drivers license ASAP, we plan to hunt in August next year.

We have the same last name luckily.

[martentrapper]

Does that mean your sister is single??????????? Hey non res guys...........here's your chance! Haha.

[Adventures]

1 year

should be 1 year after recieving the Drivers lisence. The hunting and fishing tag doesn't have anything to do with it I don't think.

[martentrapper]

It doesn't have anything to do with a drivers license, per se. A DL is just one way to prove WHEN you were in the state. A person must be physically present within alaska for 12 consecutive months, and be a declared resident of another state. I believe there is a maximum number of days a person may be absent from the state (such as for vacations, medical treatment, etc.) and still meet the 12 cons. months.
I spoke with the ADF&G office here, and they said it's mostly just the honor system. When your sis walks in to buy a license, she asks to buy a res license, and they sell it to her. You have to sign the license, and there is fine print about telling the truth, but she will only get in trouble is she lies at that time, about being a resident, and her lie is discovered.
According to who I spoke to, there are no "forms" to fill out to be hunting with a 2nd degree relative. Your sister is NOT a licensed guide, so she cannot provide services for a fee. When your hunting with a guide, you have to be on his "contract". No such forms exist for hunting with a relative.
Actually, I would be less worried about her getting a license and you hunting with her, and more worried about any appearnaces of her receiving compensation for hunting with you. Troopers are always on the lookout for "guiding without a license" citations. Your expenses need to show that your sister is actually participating in this hunt, financially, and not just there to provide you with a means to avoid paying a guide.

[8x57 Mauser]

Previous posts are correct - residency is determined by length of time in the state. There's no form that starts the clock. She has 90 days to get an AK driver's license and re-register her vehicle with AK plates. (No penalty I'm aware of for missing that deadline, but it's certainly a good way to establish that you live here if you're ever questioned.)

She can register to vote in AK the minute she steps off the plane/ferry/whatever. And every adult should register and vote. Even the ones who don't vote like I do.

She can also keep a copy of her plane/ferry ticket in a file drawer somewhere. If that's long since in the trash, she should find the oldest credit card receipt she has from an AK purchase and put in her files. These things are very helpful in proving you spent time here. Just ask anyone who's had troubel getting their first PFD check.

Martentrapper was dead on about the "guide" vs. "accompany" issue. Nothing to add there.

Oh, and did I mention? EVERY ADULT SHOULD REGISTER AND VOTE! Anyone needing advice on how to vote should e-mail me.

[AkHunter45]

The day your sister crosses the border into Alaska is the day she can use as a start date for residency, thats if she drove. If she flew then the day she stepped off the plane.

[chignik]

residency

Besides voter registration and drivers license , she must show proof of physically living in AK with rent/house reciepts, utility reciepts, bank accounts, permanent employment, vehicle registration. This is the type of proof needed to establish resident rights to hunt and fish and permanent fund dividend. Her intent should be to remain here physically.
Les

[Steve]

The day your sister crosses the border into Alaska is the day she can use as a start date for residency, thats if she drove. If she flew then the day she stepped off the plane.

This, of course, is when the one year clock starts ticking...

[DonV]

Thanks guys, good info. Is there anywhere I can find the law so I can read it myself. I am also curious about how long you can leave. I know she will be home for her 10 year class reunion and xmas. Do they really check on how long you left for? I suspect many guys who travel for buisniness or pleasure a lot technichly may not qualify but I bet none of them stop hunting because they were gone on vacation for 7 weeks when the max is 6 weeks.

When some mention rent reciepts, pay stubs, or credit card transactions as proof, proof for who? I keep hearing you just show up with a drivers license and that is it? Will fish and game ask for more? Will they investigate her claim of residency after she leaves? Are there random checks or follow up research that would then require that? It is statements like this that make me want to be sure we get it all right. One guys says you just show up with your drivers license and that is it, another says to have rent reciepts etc.

Another question, as far as sis being a noncompensated guide, does this go so far as to say I cannot pay for our plane trip into the bush?

I have read the hunting regs that state what makes a person a residency but I want to read the law myself - but I cannot find the code?

[akhunter02]

on the right side

Don

Your asking a lot of questions that may make some wonder is everything on the up and up. Why is your sister moving here? Is she in the military? Maybe she is in one of those nursing programs where you move every 6 to 12 months? Explain her situation and we can better help to answer your questions

If your sister moves here, establishes residency and is physically in the state for 12 consecutive months with the intent to remain here prior to your hunting plans, everything is good. Now if she is working here temporarily, maintains a residence in another state, excepts benefits from that state then you may have issues

[CuriousOne]

Ask a Trooper

Everyone is coming up with their own thoughts about the law!

DO NOT DO THIS!!! CALL THE LOCAL TROOPER AND GET IT IN WRITING!

Here is an example of a known case:

Owned a home, 2 businesses, 6 boats, 3 vehicles. Physically lived in Alaska seven-eight months a year, traveled around country three months to sports shows, took one-two months traveling around world on vacation or hunting trips. Was in this status for 8 years. Voted in Alaska, doctors in Alaska, driver's license in Alaska, all other hunting states as non-resident. However, did have another home in another state. Nothing else, just the home!

One day was "arrested" and charged with residency issues-went back five years (statutue of limitations). Over 16 charges. A charge for every year for fishing license, every year for hunting license, each year tags, CHARGED ALSO WITH A NEXT OF KIN HUNT(your situation), and anything else they could come up with.

Here's the kicker - the people at the Fish & Game told the person he WAS a resident and sold him all the licenses and tags.

Ended up costing over 20K in attorney fees, didn't even go to court yet, then signed a plea agreement because of the costs! It is cheaper to pay the non-resident license and tags than fight the case any longer!

End result-not a resident of ANY state for hunting or fishing!

Don't be surprised if you talk to one of two different troopers and they give you different answers. Talk to lawyer and he will tell you exactly what the law reads, but that doesn't matter either, because the troopers are the ones that will charge you on their "interpretation", then you have to fight it.

The law actually reads that you have to "domicile" for 12 months, etc, etc. However what does domicile mean? That is where a lot of different interpretations come into play.

Also, there is a case on "appeal" right now about residency, same type of issue.

Good that you are looking into it now, gives you over "12" months at this point!

Good luck.

[DonV]

All is on the up and up, my sister moved there in mid May, not sure exactly when she got there (she took a month to travel up there). She has worked up there for half the year for 5 years, now she is there for good. She works near Denali is all I know.

If I was going to pull a fast one my sister would not be involved, it would be me only.

She has lived a lot of places and I have often wondered how she files taxes etc. She is a great person but not always the most resposible, so I need to spell everything out so I do not arrive and go to get my tag and find out she did something wrong! After spending thousands on a flight, using all my vacation time for 2 years I do not want any surprises!

I expect her home for 10 year class reunion and she does not have the $$ to fly (so I am sure she will drive), also for xmas, so I am worried about the time for both trips, plus the trips totalling over whatever limit AK puts on being able to leave the state and still be a resident.

I cover all my bases and will be completly sure I have every detail planned before I go, that is just the way I am.

I am also very concerned with the inconsistencies I keep hearing about prooving residency etc. One guy said to carry proof of residency with you at all times in the field! I am trying to sort through all the rumors and find the truth. In my line of work I never take someones word when big plans and big money are on the line. I want it in writing from a realible source. I want to see the written law!

Imagine if a developer planned to buy a farm and split it into lots, he figured he can get 20 lots and sell them at a given price. He calls the county and speaks with the zoning department and gets the minimum setback, lot widths, lot areas etc. He then buys the land and gets an engineer to prepare plans. 6 months later when it goes in for review it gets kicked back and the county says, those lots do not meet the requirements! The need to be a lot bigger! Guy only gets 10 lots and goes bankrupt. Whoever he spoke with on the phone made a mistake. This stuff happens everyday. I have called F&G many times, even called state officers in charge of investigating residency claims. There is no way I am banking my plans on what they tell me alone. I want to see it in writing. I am very careful when it comes to blindly trusting someone, I double check it for myself, it has saved my skin more then once.

Stop and think how many very important things in your life where you do just what someone has told you or you simply follow the "general consensus" how do you know this is right? It pays to be carefull and assume nothing and verify everything.

That is all I am doing. I have been expecting this question for some time - and I can understand why someone would ask.

My sister is there now, and will be there until I hunt next fall or I will not use her as my guide.

DonV Ohio