Senate Engrossed

 

 

 

State of Arizona

Senate

Fifty-third Legislature

Second Regular Session

2018

 

 

SENATE BILL 1253

 

 

 

AN ACT

 

repealing section 5-328, Arizona Revised Statutes; amending sections 17‑332 and 17-333, Arizona Revised Statutes; repealing sections 17-333.01 and 17-336, Arizona Revised Statutes; amending section 17-338, Arizona Revised Statutes; relating to the arizona game and fish department.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Repeal

Section 5-328, Arizona Revised Statutes, is repealed.

Sec. 2.  Section 17-332, Arizona Revised Statutes, is amended to read:

START_STATUTE17-332.  Form and content of license; duplicate licenses; transfer of license prohibited; exceptions; period of validity

A.  Licenses and license materials shall be prepared by the department and may be furnished and charged to dealers that are authorized to issue licenses.  The Each license shall be issued in the name of the department.  Except as and signed in a manner provided by rule adopted by the commission, each license shall be signed by the licensee in ink on the face of the license and any license that is not signed is invalid.  With each license authorizing the taking of big game, the department shall provide such tags as the commission may prescribe, which the licensee shall attach to the big game animal in the manner prescribed by the commission.  The commission shall limit the number of big game permits issued to nonresidents in a random drawing to ten percent or fewer of the total hunt permits, but in extraordinary circumstances, at a public meeting the commission may increase the number of permits issued to nonresidents in a random drawing if, on separate roll call votes, the members of the commission unanimously:

1.  Support the finding of a specifically described extraordinary circumstance.

2.  Adopt the increased number of nonresident permits for the hunt.

B.  The commission shall issue with each license a shipping permit entitling the holder of the license to a shipment of game or fish as provided by article 4 of this chapter.

C.  It is unlawful, except as provided by the commission, for any person to apply for or obtain in any one license year more than one original license permitting the taking of big game.  A duplicate license or tag may be issued by the department or by a license dealer if the person requesting such a license or tag furnishes the information deemed necessary by the commission.

D.  A license or permit is not transferable and may not be used by anyone except the person to whom the license or permit was issued, except that:

1.  The commission may prescribe the manner and conditions of transferring and using permits and tags under this paragraph, including an application process for a qualified organization, to allow a person to transfer the person's big game permit or tag to a qualified organization for use by:

(a)  A minor child who has a life-threatening medical condition or a permanent physical disability.  If a child with a physical disability is under fourteen years of age, the child must satisfactorily complete the Arizona hunter education course or another comparable hunter education course that is approved by the director.

(b)  A veteran of the armed forces of the United States who has a service‑connected disability.  For the purposes of this paragraph:

(i)  "Disability" means a permanent physical impairment that substantially limits one or more major life activities and that requires the assistance of another person or a mechanical device for physical mobility.

(ii)  "Qualified organization" means a nonprofit organization that is qualified under section 501(c)(3) of the United States internal revenue code and that affords opportunities and experiences to children with life‑threatening medical conditions or with physical disabilities or to veterans with service-connected disabilities.

2.  A parent, grandparent or legal guardian may allow the parent's, grandparent's or guardian's minor child or minor grandchild to use the parent's, grandparent's or guardian's big game permit or tag to take big game pursuant to the following requirements:

(a)  The parent, grandparent or guardian must transfer the permit or tag to the minor child in a manner prescribed by the commission.

(b)  The minor child must possess a valid hunting license and, if under fourteen years of age, must satisfactorily complete, before the beginning of the hunt, the Arizona hunter education course or another comparable hunter education course that is approved by the director.

(c)  Any big game that is taken counts toward the minor child's bag limit.

E.  Refunds may not be made for the purchase of a license or permit.

F.  Licenses are valid for a license year as prescribed in rule by the commission.  Lifetime licenses and benefactor licenses are valid for the lifetime of the licensee. END_STATUTE

Sec. 3.  Section 17-333, Arizona Revised Statutes, is amended to read:

START_STATUTE17-333.  License classifications; fees; reduced-fee and complimentary licenses; annual report; review

A.  Through July 1, 2019, The commission shall prescribe by rule license classifications that are valid for the taking or handling of wildlife, fees for licenses, permits, tags and stamps and application fees.

B.  The commission may temporarily reduce or waive any fee prescribed by rule under this title on the recommendation of the director.

C.  The commission may reduce the fees of licenses and issue complimentary licenses, including the following:

1.  A complimentary license to a pioneer who is at least seventy years of age and who has been a resident of this state for twenty-five or more consecutive years immediately before applying for the license.  The pioneer license is valid for the licensee's lifetime, and the commission may not require renewal of the license.

2.  A complimentary license to a veteran of the Armed Forces of the United States who has been a resident of this state for one year or more immediately before applying for the license and who receives compensation from the United States government for a permanent service-connected disability rated as one hundred percent disabling.

3.  A license for a reduced fee to a veteran of the United States Armed Forces who has been a resident of this state for one year or more immediately before applying for the license and who receives compensation from the United States government for a service-connected disability.

4.  A youth license for a reduced fee to a resident of this state who is a member of the boy scouts of America who has attained the rank of eagle scout or a member of the girl scouts of the USA who has received the gold award.

C.  D.  All monies collected pursuant to this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the game and fish fund established by section 17‑261.

D.  E.  On or before December 31 of each year, the commission shall submit an annual report to the president of the senate, the speaker of the house of representatives, the chairperson of the senate natural resources, and rural affairs energy and water committee and the chairperson of the house of representatives energy, environment and natural resources committee, or their successor committees, that includes information relating to license classifications, fees for licenses, permits, tags and stamps and any other fees that the commission prescribes by rule.  On or before July 1, 2019 and each fifth year thereafter, The joint legislative audit committee shall may assign a committee of reference to hold a public hearing and review the annual report submitted by the commission. END_STATUTE

Sec. 4.  Repeal

Sections 17-333.01 and 17-336, Arizona Revised Statutes, are repealed.

Sec. 5.  Section 17-338, Arizona Revised Statutes, is amended to read:

START_STATUTE17-338.  Remission of fees from sale of licenses and permits; violation; classification

A.  License dealers shall transmit to the department all license or and permit fees collected and furnish such information as the commission prescribes by rule.  The failure to make such a transmission transmit these fees within thirty days after the deadline the commission prescribes by rule shall be is cause to cancel a license dealer's license.  The knowing failure to transmit all collected license and permit fees within thirty days is a class 2 misdemeanor.

B.  Persons issuing licenses or permits other than the department shall retain as their compensation five per cent of the selling price of each license or permit, except that:

1.  Compensation for Arizona, California, Nevada and Utah‑Colorado river special use permits shall be established through agreement between the respective states and the commission.

2.  License dealers who contract with the commission to sell licenses by telecommunication may impose additional fees for their services as provided in the contract.

B.  A license dealer may collect and retain a reasonable fee as determined by the license dealer in addition to the fee charged to issue the license or permit. END_STATUTE