An Act providing disabled persons with a discount on fishing license fees and amending R.S.23:3-4.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S.23:3-4 is amended to read as follows:

23:3-4. The licenses issued under this article shall be as follows:

a. A license issued to a person above 16 years of age, who has an actual and bona fide domicile in this State at the time of the application for the license and who has had an actual and bona fide domicile in this State for at least six months immediately prior thereto, provided that for a resident's trapping license the person shall be above 12 years of age. These licenses shall be designated as the resident's firearm hunting license, the resident's bow and arrow license, the resident's trapping license, and the resident's fishing license.

(1) The resident's firearm hunting license shall authorize its holder to hunt with hounds and firearms only, and a fee of $26.50 and an issuance fee of $1.00 shall be charged therefor, except that a person above the age of 65 years shall be charged a fee of $14.50 and an issuance fee of $1.00.

(2) The resident's bow and arrow license shall authorize its holder to hunt with bow and arrow only, and a fee of $30.50 and an issuance fee of $1.00 shall be charged therefor, except that a person above the age of 65 years shall be charged a fee of $15.50 and an issuance fee of $1.00.

(3) The resident's trapping license shall authorize its holder to trap only, and a fee of $31.50 and an issuance fee of $1.00 shall be charged therefor, except that a person above 12 years and under 16 years of age shall be charged no fee.

(4) The resident's fishing license shall authorize its holder to fish only, and a fee of $21.50 and an issuance fee of $1.00 shall be charged therefor, except that (a) in any case where the applicant is above 70 years of age and is otherwise qualified, no license shall be required, and (b) a person above 65 years and under 70 years of age, or a person who is disabled, shall be charged a fee of $11.50 and an issuance fee of $1.00. For the purposes of this paragraph, "disabled" means a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment except for total blindness, and shall include but not be limited to, any resident of the State who is deemed disabled pursuant to the federal Social Security Act, 42 U.S.C. s.301 et seq. or the federal Railroad Retirement Act of 1974, 45 U.S.C. s.231 et seq., or is rated as having at least a 60 percent disability by the United States Veterans Administration pursuant to federal law. The department shall recognize the following evidence to qualify a person for the benefits of this paragraph: a Social Security certificate of disability (certification of disability determination); a Supplemental Security Income Notice of Decision Certificate for Total Disability; or a medical certification of disability signed by a licensed practicing physician.

(5) Any resident of this State who is afflicted with total blindness, upon application to the division, shall be entitled to a resident's fishing license without fee or charge.

b. A license issued to a person above 16 years of age not entitled to a resident's license, authorizing him to trap or to hunt, except that a nonresident's two-day small game firearm hunting license shall not permit the taking, hunting, or killing of deer or turkey. These licenses shall be designated as the nonresident's firearm hunting license, the nonresident's bow and arrow license, the nonresident's trapping license, and the nonresident's two-day small game firearm hunting license.

(1) The fees for the nonresident's firearm hunting license and the nonresident's bow and arrow license shall each be $134.50 and an issuance fee of $1.00.

(2) The fee for the nonresident's trapping license shall be $199.50 and an issuance fee of $1.00.

(3) The fee for a nonresident's two-day small game firearm hunting license shall be $35.50 and an issuance fee of $1.00.

c. A license issued to a person above 16 years of age not entitled to a resident's license, authorizing him to fish only. These licenses shall be designated as the nonresident's annual fishing license, the nonresident's two-day fishing license, valid for a period of two consecutive days, and the nonresident's seven-day vacation fishing license, valid for a period of seven consecutive days.

(1) The fee for the nonresident's annual fishing license shall be $33.00 and an issuance fee of $1.00.

(2) The fee for the nonresident's two-day fishing license shall be $8.00 and an issuance fee of $1.00.

(3) The fee for the nonresident's seven-day fishing license shall be $18.50 and an issuance fee of $1.00.

d. Every license issued hereunder shall be void after December 31 next succeeding its issuance, except the one-day hunting license, which shall expire on the date of issuance; the nonresident's seven-day fishing license, which is valid only for seven consecutive days after date of issuance; the nonresident's two-day fishing license, which shall expire on the day after the date of issuance; and the nonresident's two-day small game firearm hunting license, which shall expire on the day after the date of issuance.

Any license issued hereunder to a person under 16 years of age shall be void after December 31 of the year in which the licensee becomes 16 years of age.

e. The fees for licenses set forth in this section may be adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a).

(cf: P.L.1999, c.282, s.10)

2. This act shall take effect immediately.

STATEMENT

This bill would provide persons who are disabled with a discount on fishing license fees. Under current law, the general fee for a resident's fishing license is set at $21.50; however, persons above the age of 70, blind persons, active members of the National Guard, and disabled veterans are exempted from this fee. In addition, a discounted fee of $11.50 is provided to persons between the ages of 65 and 70. This bill would extend the discounted fee of $11.50 to disabled persons as well.

The bill would also provide a definition of "disabled" and would prescribe the documentation to be used for a person to qualify for the discounted fee. Under the bill a person may present a Social Security certificate of disability, a Supplemental Security Income Notice of Decision Certificate for Total Disability, or a medical certification of disability signed by a licensed practicing physician.