Senate Engrossed

 

G&F; tags; permits; transfers; refunds

(now: G&F; tags; permits; voter registration)

 

 

 

 

State of Arizona

Senate

Fifty-fifth Legislature

Second Regular Session

2022

 

 

 

SENATE BILL 1170

 

 

 

An Act

 

repealing section 16-132, Arizona Revised Statutes; amending title 16, chapter 1, article 3, Arizona Revised Statutes, by adding a new section 16-132; amending section 17-332, Arizona Revised Statutes; relating to game and fish.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1. Repeal

Section 16-132, Arizona Revised Statutes, is repealed.

Sec. 2. Title 16, chapter 1, article 3, Arizona Revised Statutes, is amended by adding a new section 16-132, to read:

START_STATUTE16-132. Voter registration assistance; hunting, fishing, trapping licenses; definitions

A. THE DEPARTMENT SHALL PROVIDE ASSISTANCE WITH VOTER REGISTRATION WHEN ACCEPTING APPLICATIONS FOR A LICENSE. THE DEPARTMENT SHALL PROVIDE TO THE APPLICANT WITH ANY ONLINE APPLICATIONS FOR A LICENSE A LINK TO THE DEPARTMENT OF TRANSPORTATION'S VOTER REGISTRATION WEBPAGE. EACH DEPARTMENT OFFICE THAT ACCEPTS APPLICATIONS FOR A LICENSE IN PERSON SHALL PROVIDE A VOTER REGISTRATION FORM TO THE APPLICANT.

B. THE SECRETARY OF STATE SHALL PROVIDE TO THE DEPARTMENT VOTER REGISTRATION FORMS AND INSTRUCTIONS TO APPLICANTS TO MAIL COMPLETED VOTER REGISTRATION FORMS TO THE SECRETARY OF STATE. THE SECRETARY OF STATE SHALL FORWARD THE COMPLETED VOTER REGISTRATION FORMS TO THE APPROPRIATE COUNTY RECORDER TO DETERMINE THE ELIGIBILITY OF THE APPLICANT AND, IF FOUND ELIGIBLE, TO ADD THE APPLICANT'S NAME TO THE VOTER REGISTRATION ROLLS.

C. VOTER REGISTRATION INFORMATION THAT IS GENERATED PURSUANT TO THIS SECTION AND THAT IS PUBLIC INFORMATION AS OTHERWISE PROVIDED BY LAW SHALL NOT PROVIDE ANY PUBLIC INDICATION OF THE SOURCE OF THESE REGISTRATIONS.

D. PERSONS WHO ACT PURSUANT TO THIS SECTION ARE NOT CONSIDERED TO BE DEPUTY REGISTRARS UNDER THIS TITLE OR ANY RULES ADOPTED UNDER ITS AUTHORITY.

E. FOR THE PURPOSES OF THIS SECTION:

1. "DEPARTMENT" MEANS THE ARIZONA GAME AND FISH DEPARTMENT.

2. "LICENSE" MEANS A HUNTING, FISHING OR TRAPPING LICENSE ISSUED BY THE ARIZONA GAME AND FISH DEPARTMENT PURSUANT TO TITLE 17, CHAPTER 3. END_STATUTE

Sec. 3. 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; refunds; period of validity; definitions

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. Each license shall be issued in the name of the department and signed in a manner provided by rule adopted by the commission. 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 minor child whose parent was killed in action while serving in the armed forces of the United States.

(c) A minor child whose parent was killed in the course and scope of employment as a peace officer.

(d) A minor child whose parent was killed in the course and scope of employment as a professional firefighter who is a member of a state, federal, tribal, city, town, county, district or private fire department.

(b) (e) 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. A minor child who uses a big game permit or tag pursuant to subsection D of this SECTIOn and is under fourteen years of age must satisfactorily complete the Arizona hunter education course or another comparable hunter education course that is approved by the director.

E. F. Refunds may not be made for the purchase of a license or permit, except that the commission may prescribe a manner of refunding the cost of a big game permit or tag to the following individuals:

1. An active duty member of the armed forces of the United States who is ordered to leave this state during the time period in which the big game permit or tag is valid for the taking of wildlife.

2. A peace officer who is assigned to special duty during the time period in which the big game permit or tag is valid for the taking of wildlife.

3. A professional firefighter who is a member of a state, federal, tribal, city, town, county, district or private fire department and who is assigned to special duty during the time period in which the big game permit or tag is valid for the taking of wildlife.

F. G. 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.

H. For the purposes of this section:

1. "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.

2. "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 MINOR CHILDREN WITH LIFE THREATENING MEDICAL CONDITIONS OR WITH PHYSICAL DISABILITIES, MINOR CHILDREN WHOSE PARENTS WERE KILLED IN ACTION WHILE SERVING IN THE ARMED FORCES OF THE UNITED STATES OR IN THE COURSE AND SCOPE OF EMPLOYMENT AS PEACE OFFICERS OR PROFESSIONAL FIREFIGHTERS OR TO VETERANS WITH DISABILITIES. END_STATUTE