MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Game and Fish

By: Representative Frierson

AN ACT TO AMEND SECTION 49-7-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN APPLICANT FOR A RESIDENT HUNTING LICENSE MAY USE AN INCOME TAX FILING THAT LISTS THE APPLICANT AS THE DEPENDENT OF A MISSISSIPPI RESIDENT AS PROOF OF RESIDENT STATUS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 49-7-3, Mississippi Code of 1972, is amended as follows:

49-7-3. (1) Any resident of the State of Mississippi shall be entitled to receive a resident fishing license.

(2) Any person domiciled within the State of Mississippi shall be entitled to receive a resident hunting license provided in Section 49-7-5. The domicile of a person is that person's principal or primary home or place of abode. A "principal or primary home or place of abode" is that home or place in which a person's habitation is fixed and to which he, whenever absent, has the present intention of returning after a departure of absence therefrom, regardless of the duration of the absence. The burden of proving domicile shall be on the person claiming such status. A person holding a current driver's license shall be deemed to be domiciled within the state issuing the license. If a person does not hold a current driver's license, the following evidence or other reliable evidence may be considered in establishing, but is not necessarily determinative of, domicile: residence for income or other tax purposes, homestead exemption receipt, or any other means prescribed by the department. In the case of minors, domicile of the parents shall be used as evidence of the minor's domicile. Additionally, an income tax statement for the current or most previous tax year listing the applicant for a resident hunting license as the dependent of a Mississippi resident shall serve as proof of the applicant's resident status.

(3) A nondomiciliary of the state may be issued a resident hunting or fishing license or combination resident hunting/fishing license upon providing the following:

(a) A current identification card from a Mississippi college or university; or

(b) A current military identification card showing that the person is an active member of the Armed Forces (excluding Reserves and the National Guard) and proof that the person is stationed on a military base in Mississippi.

(4) A holder of a resident or nonresident license is required to carry the license on his person while engaged in hunting, trapping or fishing. Any penalty for not carrying a license while engaged in hunting, trapping or fishing shall be waived if the person can verify purchase of a license prior to the date of the violation.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.