§ 23-1-107 — Residency for obtaining game and fish licenses

Wyoming § 23-1-107

• Jurisdiction: Wyoming
• Title 23: Game and Fish
• Ch. 1: ADMINISTRATION
• Art. 1: GENERAL PROVISIONS

Text

(a) Except as otherwise provided in this section, to
qualify for any resident game and fish license, preference
point, permit or tag issued under this act, a person shall be
domiciled in Wyoming for not less than one (1) full year
immediately preceding the date the person applies for the
license, preference point, permit or tag and shall not have
claimed residency in any other state, territory or country for
any purpose during that one (1) year period.
(b) Each person applying for a license, preference point,
permit or tag under this act shall establish his own residency
status independently or as provided in this subsection or
subsection (g) of this section. A minor dependent shall qualify
as a resident if:
(i) His custodial parent qualifies as a resident
under this act; or
(ii) His noncustodial parent qualifies as a resident
under this act and the minor is or will be residing in this
state with the noncustodial parent during any portion of the
calendar year in which the license, permit or stamp is to be
used or in the case of a preference point the calendar year in
which the preference point is to be accumulated.
(c) A person other than a minor dependent qualifying under
subsection (b) of this section, shall lose his residency in
Wyoming if he moves to another state, territory or country and
makes it his domicile, or makes any claim of residency for any
purpose to that state, territory or country. Provided he does
not claim residency in any other state, territory or country for
any purpose, a person shall not gain or lose residency in
Wyoming merely by reason of his presence in or absence from the
state while:
(i) Temporarily employed in the service of the United
States;
(ii) A patient at a hospital or institution; or
(iii) Serving full time for a period not to exceed
four (4) years in an established volunteer service program for
religious, charitable or humanitarian purposes.
(d) A person shall lose his residency in Wyoming if he
resides in any other state, territory or country for an
aggregate of one hundred eighty (180) days or more in a calendar
year, unless he qualifies as a resident under subsection (b),
(c), (e) or (f) of this section. A person who resides in any
other state, territory or country other than Wyoming, for less
than an aggregate of one hundred eighty (180) days in a calendar
year, may maintain residency in Wyoming under this act only if
he qualifies as a resident under subsection (b), (c), (e) or (f)
of this section or if:
(i) The person had originally established residency
by being domiciled for one (1) full year in Wyoming prior to
leaving the state for a temporary purpose;
(ii) The person's domicile or established, fixed and
permanent home consists of real property situated in Wyoming. A
mailing address is not sufficient evidence of domicile or a
permanent home. Mere ownership of real property is not
sufficient evidence to establish domiciliary intent;
(iii) The person is absent from Wyoming on a
temporary basis and has the intention of returning to the state;
and
(iv) The person makes no claim for residency in any
other state, territory or country for any purpose during the
time the person is absent from Wyoming.
(e) A person may remain a Wyoming resident while attending
school in another state, territory or country if:
(i) The person does not pay resident tuition fees;
and
(ii) The person continues to maintain Wyoming
residency and does not claim residency in any other state,
territory or country for any purpose.
(f) Any active duty member of the armed forces of the
United States who has been stationed in Wyoming for ninety (90)
days shall qualify as a resident under this section so long as
the member remains stationed in Wyoming. Any person serving in
active military duty in any other state, territory or country,
may maintain resident status if the person:
(i) Is not a civilian employee of the military;
(ii) Makes no claim of residency in any other state,
territory or country for any purpose; and
(iii) Was a resident of Wyoming when he entered the
military service and Wyoming remains his declared home of record
or the person:
(A) Makes no current claim of residency in any
other state, territory or country for any purpose;
(B) Has established his home of record in
Wyoming; and
(C) Has maintained his voter registration in
Wyoming.
(g) The spouse and minor dependents of a person qualifying
as a resident under subsection (f) of this section shall qualify
as resident for the same periods unless they have made a claim
of residency in any other state, territory or country for any
purposes during those periods.
(h) An applicant shall provide proof of residency and
swear to an oath of residency when making application for, or
attempting to purchase, a resident license, preference point,
permit or tag under this act. License selling agents and the
department shall consider as documentary evidence of residency
any of the following:
(i) A Wyoming driver's license, identification card
issued under title 31 of the Wyoming statutes, or a copy
thereof;
(ii) A copy of the applicant's school records or
military form DD 214, which indicates Wyoming as the applicant's
domicile and home of record;
(iii) A proof of residency statement on a form
provided by the department that has been completed and signed by
the applicant. Any active duty member of the armed forces, his
spouse or minor dependent of the active duty member making
application for or purchasing a resident license, preference
point, permit or tag shall be required to complete and submit
the proof of residency statement; or
(iv) A minor dependent may use as proof of residency
the documentary evidence of his parent or legal guardian.
(j) The commission may promulgate rules and regulations in
accordance with the Wyoming Administrative Procedure Act to
ensure that only bona fide Wyoming residents as defined in this
act are issued resident game and fish licenses, preference
points, permits and tags.