MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Wildlife, Fisheries and Parks

By: Senator(s) Posey

Senate Bill 2806

(As Passed the Senate)

AN ACT TO AMEND SECTION 49-7-153, MISSISSIPPI CODE OF 1972, TO REVISE REQUIREMENTS FOR NATIVE SON OR DAUGHTER NONRESIDENT  LIFETIME SPORTSMAN HUNTING LICENSE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 49-7-153, Mississippi Code of 1972, is amended as follows:

     49-7-153.  (1)  Any resident may purchase a lifetime sportsman hunting and fishing license by filing an application in the office of the department.  The license shall qualify the licensee to take all fish, game and fowl, except waterfowl, including deer and turkey, in the manner provided by law.  The license shall also permit the licensee to hunt with primitive weapons and bow and arrow, and to fish in the public waters of the state, including the taking of crabs, oysters, shrimp and any saltwater fish authorized to be taken under a recreational license.

     (2)  The department may issue a resident lifetime sportsman license at a fee to be determined by the commission at an amount not less than One Thousand Dollars ($1,000.00) for a person thirteen (13) years of age or older and not less than Five Hundred Dollars ($500.00) for a person under thirteen (13) years of age.  All lifetime licenses shall be issued from the office of the department.  Each application for a lifetime license must be accompanied by a certified copy of the birth certificate of the individual to be named as the license holder, if the individual is twelve (12) years of age or under.

     (3)  The commission shall establish proof of residency requirements for the purchase of a lifetime license, and shall also establish such restrictions on and regulations for lifetime licenses as it deems necessary and proper.  An applicant for a resident lifetime license must have been domiciled in this state for eighteen (18) consecutive months immediately preceding the date of his application for a license.  The burden of proving domicile shall be on the applicant.

     (4)  (a)  The department may issue a native son or daughter nonresident lifetime sportsman hunting and fishing license.  The commission shall establish the fee, but the fee shall not be less than One Thousand Five Hundred Dollars ($1,500.00).  The applicant must provide a certified copy of the original birth certificate showing that the applicant was born in Mississippi and/or if the parents' address was in Mississippi at the time of birth as shown on the birth certificate or other documents and/or official documents reflect that one of said parents was on active military service outside the State of Mississippi at the time of said birth.  Further, if the birth certificate of one parent reflects that the parent was born in the State of Mississippi, and if either parent is a resident of the State of Mississippi, then the applicant may be issued a native son or daughter nonresident lifetime sportsman license * * *.

     (5)  Any materially false statement contained in an application for a lifetime license renders void the license issued pursuant to that application, and subjects the applicant to criminal prosecution under Section 49-7-45.

     (6)  Nothing in this section exempts an applicant for a lifetime license from meeting other qualifications or requirements otherwise established by law for the privilege of hunting or fishing.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2004.