Wyoming Legislature
Committee Meeting Summary of Proceedings

Game and Fish Residency Subcommittee of the Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee

September 23, 2003 Room 302, Capitol Building

Cheyenne, Wyoming

Meeting Attendance (Present)

Subcommittee Members

Senator Tex Boggs, Chairman

Representatives Dave Edwards, Layton Morgan and Bill Thompson

Legislative Service Office

David Gruver

Absent subcommittee members

Senator John Hanes

Others Present

Terry Cleveland and Steve DeCecco, Wyoming Game and Fish Department.

All meeting materials and handouts provided to the Subcommittee by the Legislative Service Office (LSO), public officials, lobbyists, and the public are referenced in the Meeting Materials Index, attached to the minutes. These materials are on file at the LSO and are part of the official record of the meeting.

Senator Boggs called the meeting to order at 10:00 a.m.

Mr. DeCecco and Mr. Cleveland addressed the Committee.

Mr. Cleveland stated that the genesis for reviewing the residency issue came from Senator Roberts. In reviewing a specific problem with a person not residing in Wyoming for a length of time and claiming residency, the entire residency provision was reviewed.

Wyoming's residency law is one of the most restrictive in the country. Over the years the residency requirements generally have become more restrictive, except for provisions regarding the military, which have become more lenient.

Mr. DeCecco addressed the Subcommittee working through the draft bill, 04 LSO 0034.W5. (Appendix 1). Overall, the bill reorganizes the residency provisions to eliminate repetition and contradictions. For minors, the provisions are liberal, but still a minor cannot claim residency elsewhere for hunting and fishing purposes and claim residency in Wyoming.

Mr. DeCecco addressed the issue of a person losing residency after residing outside of Wyoming for 180 days in total in any calendar year. He noted the additional language was new and could be controversial or problematic.

Mr. DeCecco addressed the issue of school students leaving the state and retaining residency. The Subcommittee discussed the deletion of language "automatically conferring" residency upon a person elsewhere. Mr. Cleveland and Mr. DeCecco confirmed that under the new language, if a person does not affirmatively claim residency elsewhere, they would not be disqualified as a resident in Wyoming solely by the laws or acts of another state "automatically conferring residency" status upon a person.

Military residency was addressed. Mr. DeCecco suggested that the "home of record" should be defined, as shown on appendix 2. The Subcommittee discussed concerns raised by Senator Hanes and the Commander of Warren Air Force base regarding military residency requirements. A letter expressing the Commander's concerns was provided to the Subcommittee. (Appendix 3).

Mr. DeCecco testified that historically the provisions concerning military personnel's residency have been liberalized. Previously only active duty members could establish residency after 90 days. Allowing spouses and children to claim residency based upon the member's 90 days of service in Wyoming was added subsequently. In the Department's view, current law does not allow for a military member's spouse to reside elsewhere and claim residency in Wyoming based upon the 90 days of service.

The Subcommittee next addressed proof of residency. Mr. Cleveland provided examples of application forms and rules and regulations on the issue of proving residency. Appendices 4 and 5. Representative Edwards provided a letter from a constituent regarding the treatment for residency purposes of those living large parts of the year outside of Wyoming in recreational vehicles. (Appendix 6)

The Committee worked the bill. It requested that the redrafted bill be presented again in strike and underline format for the full Committee meeting, even though the bill will not be drafted in that form when placed in the proper format.

The Subcommittee took the following actions:

Representative Thompson moved on page 5-line 25 – after "for" insert "an aggregate of". The motion passed. The Subcommittee noted that there should be language prepared by the Department for the full Committee meeting regarding the residency of a person owning recreational vehicles and moving throughout the country.

The Subcommittee discussed the issue of the 180 day requirement in subsection (d) and decided the issue should be left to the full Committee.

Representative Morgan moved on page 6-line 2 after "than" insert "an aggregate of".

On page 9-line 15, Representative Edwards moved to delete "stationed" and insert "assigned". No action was taken as Representative Morgan moved to delete page 9-lines 15 and 16 and that motion passed.

Page 11-lines 17 and 18 Representative Edwards moved to delete "or military service records" and insert "records or military form, DD 214," Passed.

Page 11-line 3 Representative Edwards moved on page 11-line 3 after "residency" to insert "and swear in writing to that proof". Passed. The Subcommittee asked the Department and the LSO to work on whether the "in writing" requirement might interfere with electronic applications in the future.

The Subcommittee discussed the issue of separately defining residency and domicile and the use of domicile in making application for licenses. Mr. Cleveland explained what the Department does to explain residency requirements. Senator Boggs asked that the Department draft how they would reform the application to make completely clear that the person is swearing to the residency requirements. Senator Boggs suggested one change might be to include the entire statement on the back of the application, rather than having part of the statement on the front of the application and part on the back.

Representative Edwards moved to insert on page 15-line 14 a definition of home of record as suggested by the Department on appendix 2. The motion passed. Representative Edwards moved to insert after "recorded" in the new language "on military form DD 214". Passed.

LSO staff explained some concerns with the 180 day provision related to employment. Mr. DeCecco explained the distinction in his view of a person living in Wyoming whose occupation requires him to be out of state for more than 180 days in a year and the person who moves between states in a recreational vehicle.

The Committee agreed that the bill as amended should be forwarded to the full Committee.

The meeting adjourned at approximately 2:00 p.m.