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H.B. 182 Enrolled
AN ACT RELATING TO FISH AND GAME; SPECIFYING ELIGIBILITY REQUIREMENTS
FOR FREE FISHING LICENSES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
23-19-2, as last amended by Chapter 145, Laws of Utah 1996
23-19-14, as last amended by Chapter 207, Laws of Utah 1991
23-19-16, as last amended by Chapter 242, Laws of Utah 1998
23-19-36, as last amended by Chapters 174 and 375, Laws of Utah 1997
23-19-39, as last amended by Chapter 18, Laws of Utah 1990
23-19-42, as last amended by Chapter 242, Laws of Utah 1998
REPEALS:
23-19-37, as last amended by Chapter 21, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 23-19-2 is amended to read:
23-19-2. License and certificate forms prescribed by Wildlife Board.
(1) The Wildlife Board shall prescribe the form of license or certificate of registration to
be used for hunting, fishing, trapping, seining, and dealing in furs.
(2) Any license issued pursuant to Section 23-19-36 [
such by a code number and shall contain no reference to the licensee's disability.
Section 2. Section 23-19-14 is amended to read:
23-19-14. Persons residing in certain institutions authorized to fish without license.
(1) The Division of Wildlife Resources shall permit [
a person to fish without a license if:
(a) the person resides in:
(i) the Utah State Developmental Center in American Fork[
[
(ii) the state hospital;
(iii) a veteran's hospital;
(iv) a veteran's nursing home;
(v) a mental health center;
(vi) an intermediate care facility for the mentally retarded;
(vii) a group home licensed by the Department of Human Services and operated under
contract with the Division of Services for People with Disabilities; or
(viii) another similar institution approved by the division;
[
institution [
(c) the institution obtains from the division a certificate of registration that specifies:
(i) the date and place where the person will fish; and
(ii) the name of the institution's representative who will supervise the person fishing.
(2) The institution must apply for the certificate of registration at least ten days before the
fishing outing.
Section 3. Section 23-19-16 is amended to read:
23-19-16. Licenses obtained from agents of division.
(1) Licenses provided for in Sections 23-19-17 through 23-19-27 and 23-19-42 may be
obtained from the division or one of its authorized wildlife license agents.
(2) Licenses provided for in Sections 23-19-17.5 , 23-19-34.5 , 23-19-34.7 , and 23-19-36 [
Section 4. Section 23-19-36 is amended to read:
23-19-36. Disabled, mentally impaired, terminally ill persons, and children in the
custody of the state -- License to fish for free.
(1) A resident who is blind, paraplegic, or otherwise permanently disabled so as to be
permanently confined to a wheelchair or the use of crutches, or who has lost either or both lower
extremities, may receive a free license to fish upon[
the Division of Wildlife Resources[
(2) A resident who is a mentally retarded person and is not eligible under Section 23-19-14
to fish without a license may receive a free license to fish upon[
mental retardation, as defined in Section 62A-5-101 , from a physician[
(3) A resident who is terminally ill, and has less than five years to live, may receive a free
license to fish:
(a) upon furnishing verification from a physician; and
(b) if he qualifies for assistance under any low income public assistance program
administered by a state agency.
(4) A child placed in the custody of the state by a court order may receive a free fishing
license upon furnishing verification of custody to the Division of Wildlife Resources.
Section 5. Section 23-19-39 is amended to read:
23-19-39. Additional appropriation.
[
to appropriate from the General Fund in the appropriations act, for deposit in the Wildlife Resources
Restricted Account, a sum equal to the total of the fees, as determined by the previous year's license
sales, that would have otherwise been collected for fishing licenses had full fees been paid by those
65 years of age or older[
[
Section 6. Section 23-19-42 is amended to read:
23-19-42. Wildlife habitat authorization -- Surcharge.
(1) (a) A person 14 years of age or older must purchase an annual wildlife habitat
authorization before purchasing a wildlife heritage certificate or any license or permit required by
this title, except:
(i) those licenses provided for in Sections 23-19-17.5 , 23-19-34.7 , and 23-19-36 [
(ii) reciprocal fishing stamps; and
(iii) one day fishing licenses.
(b) A person 13 years of age may purchase a wildlife habitat authorization for the purpose
of purchasing a big game permit if that person's 14th birthday falls within the calendar year for which
the permit is issued.
(2) A person must purchase only one wildlife habitat authorization each year regardless of
the number of licenses or permits purchased during that year.
(3) (a) In addition to the fees imposed under this chapter, there is imposed a 25 cent
surcharge on each annual wildlife habitat authorization.
(b) This surcharge shall be deposited in the General Fund as a dedicated credit for the Search
and Rescue Financial Assistance Program created under Section 53-2-107 .
Section 7. Repealer.
This act repeals:
Section 23-19-37, Disabled veterans -- Free fishing license.
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