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HB 1357 - Hunting and fishing; honorary licenses; National Guard

Allen, Ben (117th)

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First Reader Summary

A BILL to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, and fishing licenses, permits, and stamps generally, so as to provide that any person who is a retired member of the Georgia National Guard, regardless of such person's residence, shall be issued an honorary hunting and fishing license, including trout and big game; to provide that any person who is an active member of the Georgia National Guard, regardless of such person's residence, shall be issued an annual honorary hunting and fishing license, including trout and big game; and for other purposes.

Code Sections - 27-2-4

HB 1357                                            LC 10 3066 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 2 of Title 27 of the Official Code of 
  1- 2  Georgia Annotated, relating to hunting, trapping, and 
  1- 3  fishing licenses, permits, and stamps generally, so as to 
  1- 4  provide that any person who is a retired member of the 
  1- 5  Georgia National Guard, regardless of such person's 
  1- 6  residence, shall be issued an honorary hunting and fishing 
  1- 7  license, including trout and big game; to provide that any 
  1- 8  person who is an active member of the Georgia National 
  1- 9  Guard, regardless of such person's residence, shall be 
  1-10  issued an annual honorary hunting and fishing license, 
  1-11  including trout and big game; to provide that all honorary 
  1-12  hunting and fishing licenses issued pursuant to this Act are 
  1-13  subject to all wildlife laws, rules, and regulations with 
  1-14  the exception of the provisions requiring the payment of 
  1-15  fees described in Code Section 27-2-23 for such licenses; to 
  1-16  provide that such honorary licenses may be revoked in 
  1-17  accordance with other provisions of law; to provide that it 
  1-18  shall be unlawful for any person who has an honorary hunting 
  1-19  and fishing license issued pursuant to this Act to permit 
  1-20  the use of same by any other person; to provide that it 
  1-21  shall also be unlawful for any person who is not entitled to 
  1-22  an honorary hunting and fishing license issued pursuant to 
  1-23  this Act to use such a license; to repeal conflicting laws; 
  1-24  and for other purposes. 
 
  1-25       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-26                           SECTION 1. 
 
  1-27  Chapter 2 of Title 27 of the Official Code of Georgia 
  1-28  Annotated, relating to hunting, trapping, and fishing 
  1-29  licenses, permits, and stamps generally, is amended by 
  1-30  striking in its entirety Code Section 27-2-4, relating to 
  1-31  honorary hunting and fishing licenses, and inserting in lieu 
  1-32  thereof a new Code Section 27-2-4 to read as follows: 
 
 
 
 
 
 
                                 -1- 
 
 
 
  2- 1    "27-2-4. 
 
  2- 2    (a) The department shall issue an honorary hunting and 
  2- 3    fishing license, which shall entitle a resident to hunt 
  2- 4    and fish in this state without the payment of fees 
  2- 5    described in Code Section 27-2-23, to each resident who is 
  2- 6    permanently and totally disabled.  For purposes of this 
  2- 7    Code section, a permanent, total disability shall be a 
  2- 8    physical or mental impairment of a total and permanent 
  2- 9    nature which prevents gainful employment and which is 
  2-10    certified as such by the United States Department of 
  2-11    Veteran Affairs, the Social Security Administration, 
  2-12    Medicaid, medicare, the Railroad Retirement System, or a 
  2-13    unit of federal, state, or local government recognized by 
  2-14    the board by rule or regulation; provided, however, that 
  2-15    persons disabled because of a mental impairment shall be 
  2-16    issued an honorary fishing license only.  Persons issued 
  2-17    an honorary license under disability provisions shall 
  2-18    renew such licenses and recertify their eligibility for 
  2-19    such licenses every three years; provided, however, that 
  2-20    honorary licenses in effect as of July 1, 1998, shall not 
  2-21    require renewal. 
 
  2-22    (b) Any resident who is totally blind and who applies to 
  2-23    the department shall receive a lifetime honorary fishing 
  2-24    license which shall entitle the holder thereof to fish in 
  2-25    this state without the payment of any fee whatsoever. 
 
  2-26    (c) Any person holding a valid honorary license pursuant 
  2-27    to this Code section shall not be required to obtain the 
  2-28    trout license and big game license otherwise required by 
  2-29    Code Section 27-2-6. 
 
  2-30    (d) All honorary hunting and fishing licenses are subject 
  2-31    to all wildlife laws, rules, and regulations with the 
  2-32    exception of the provisions requiring the payment of fees 
  2-33    described in Code Section 27-2-23 for such licenses. Such 
  2-34    honorary licenses may be revoked in accordance with this 
  2-35    title.  It shall be unlawful for any person who has an 
  2-36    honorary hunting and fishing license to permit the use of 
  2-37    same by any other person.  It shall also be unlawful for 
  2-38    any person who is not entitled to an honorary hunting and 
  2-39    fishing license to use such a license or for any totally 
  2-40    and permanently disabled person issued such a license to 
  2-41    possess or use such license when the disability is no 
  2-42    longer total or permanent.  Licenses for the totally and 
  2-43    permanently disabled may, upon a determination that the 
  2-44    disability is no longer total or permanent, be revoked 
 
 
                                 -2- 
 
 
 
  3- 1    until such time as the disability is again total and 
  3- 2    permanent. 
 
  3- 3    (e) The commissioner is authorized to make and enter into 
  3- 4    agreements from time to time with the proper authorities 
  3- 5    of various states of the United States regarding 
  3- 6    nonresident hunting and fishing license fees for persons 
  3- 7    65 years of age or older so as to provide honorary hunting 
  3- 8    and fishing licenses to be issued without charge to 
  3- 9    nonresidents 65 years of age or older where such practice 
  3-10    is reciprocated for Georgia residents in that person's 
  3-11    state of residence. 
 
  3-12    (f) Persons holding lifetime honorary licenses issued to 
  3-13    persons 65 years of age or older prior to April 1, 1999, 
  3-14    shall not be required to obtain a lifetime license 
  3-15    pursuant to Code Section 27-2-3.1, and such lifetime 
  3-16    honorary license shall carry the same rights and 
  3-17    privileges as a lifetime license issued pursuant to that 
  3-18    Code section. 
 
  3-19      (g)(1) Any person who is a retired member of the Georgia 
  3-20      National Guard, regardless of such person's residence, 
  3-21      shall be issued an honorary hunting and fishing license, 
  3-22      including trout and big game.  All honorary hunting and 
  3-23      fishing licenses issued under this paragraph are subject 
  3-24      to all wildlife laws, rules, and regulations with the 
  3-25      exception of the provisions requiring the payment of 
  3-26      fees described in Code Section 27-2-23 for such 
  3-27      licenses. Such honorary licenses may be revoked in 
  3-28      accordance with this title.  It shall be unlawful for 
  3-29      any person who has an honorary hunting and fishing 
  3-30      license issued under this paragraph to permit the use of 
  3-31      same by any other person.  It shall also be unlawful for 
  3-32      any person who is not entitled to an honorary hunting 
  3-33      and fishing license issued under this paragraph to use 
  3-34      such a license. 
 
  3-35      (2) Any person who is an active member of the Georgia 
  3-36      National Guard, regardless of such person's residence, 
  3-37      shall be issued an annual honorary hunting and fishing 
  3-38      license, including trout and big game.  All honorary 
  3-39      hunting and fishing licenses issued under this paragraph 
  3-40      are subject to all wildlife laws, rules, and regulations 
  3-41      with the exception of the provisions requiring the 
  3-42      payment of fees described in Code Section 27-2-23 for 
  3-43      such licenses. Such honorary licenses may be revoked in 
  3-44      accordance with this title.  It shall be unlawful for 
 
 
                                 -3- 
 
 
 
  4- 1      any person who has an honorary hunting and fishing 
  4- 2      license issued under this paragraph to permit the use of 
  4- 3      same by any other person.  It shall also be unlawful for 
  4- 4      any person who is not entitled to an honorary hunting 
  4- 5      and fishing license issued under this paragraph to use 
  4- 6      such a license." 
 
  4- 7                           SECTION 2. 
 
  4- 8  All laws and parts of laws in conflict with this Act are 
  4- 9  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -4-