MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Wildlife, Fisheries and Parks
By: Representatives Henley, Sykes
AN ACT TO AMEND SECTION 49-7-20, MISSISSIPPI CODE OF 1972, TO PROVIDE AN EXEMPTION TO ANY RESIDENT WHO IS AN ACTIVE DUTY, RETIRED OR HONORABLY DISCHARGED MEMBER OF THE ARMED FORCES, INCLUDING THE RESERVES AND NATIONAL GUARD, FROM THE HUNTER EDUCATION COURSE REQUIREMENTS AS A CONDITION OF RECEIVING ANY LICENSE FOR WHICH SUCH COURSE IS REQUIRED; TO PROVIDE THAT THE EXEMPTED RESIDENT SHALL HAVE IN HIS POSSESSION AND ON HIS PERSON ANY PROOF AS MAY BE REQUIRED BY THE COMMISSION; TO AMEND SECTION 49-7-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY RESIDENT WHO IS AN ACTIVE DUTY, RETIRED OR HONORABLY DISCHARGED MEMBER OF THE ARMED FORCES, INCLUDING THE RESERVES AND NATIONAL GUARD, EXEMPTED FROM HUNTER EDUCATION COURSE REQUIREMENTS, AND WHO IS ISSUED AN APPRENTICE HUNTING LICENSE, SHALL NOT BE REQUIRED TO BE ACCOMPANIED BY A LICENSED HUNTER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-7-20, Mississippi Code of 1972, is amended as follows:
49-7-20. (1) It is unlawful for any person born on or after January 1, 1972, to procure any Mississippi hunting license, except a resident apprentice hunting license and a resident combination small game hunting and fishing license, unless the person has been issued certification of satisfactory completion of a hunter education course approved by the department.
(2) It is unlawful for any person to issue any Mississippi hunting license, except a resident apprentice hunting license and resident combination small game hunting and fishing license, to any person born on or after January 1, 1972, unless the purchaser has provided valid certification of satisfactory completion of a hunter education course approved by the department.
(3) It is unlawful for any person to fraudulently obtain a hunter education certification.
(4) The department may revoke any hunting license or hunter education certification upon determination that the holder was not entitled to issuance or obtained the license or certification by any fraudulent means.
(5) It is unlawful for any person born on or after January 1, 1972, to hunt with a resident combination small game hunting and fishing license, unless the person has been issued certification of satisfactory completion of a hunter education course approved by the department.
(6) The provisions of this section requiring the completion of a hunter education course approved by the department as a condition of receiving any license described herein shall not apply to any resident, as defined in Section 49-7-3, who is an active duty, retired or honorably discharged member of the Armed Forces, including the Reserves and National Guard. Any resident who qualifies for an exemption as provided in this subsection shall have in his possession and on his person any proof as may be required by the commission.
SECTION 2. Section 49-7-5, Mississippi Code of 1972, is amended as follows:
[Until the Mississippi Commission on Wildlife, Fisheries and Parks increases the fee for nonresident licenses in accordance with the authority provided in Section 49-7-8, this section shall read as follows:]
49-7-5. (1) (a) Any resident, as defined in Section 49-7-3, upon application, shall receive a combination resident hunting and fishing license for the sum of Seventeen Dollars ($17.00). The license shall qualify the licensee to hunt under this chapter all game and fowl, including deer and turkey, and to fish in any county of the state.
(b) Any resident, as defined in Section 49-7-3, upon application, shall receive a resident combination small game hunting and fishing license for the sum of Eight Dollars ($8.00) together with the fee provided in Section 49-7-17 to the office or agent issuing the license. The hunting license shall qualify the licensee to hunt and fish under this chapter all game and fowl, except deer and turkey, in any county in the state.
(c) Any resident, as defined in Section 49-7-3, upon application, shall receive a sportsman's license for the sum of Thirty-two Dollars ($32.00). The license shall qualify the licensee to hunt under this chapter all game and fowl, including deer and turkey, and to fish as provided by law, in any county in the state, and to hunt using primitive weapons and bow and arrow in the manner provided by law. The commission may notify the licensee of the expiration of his license, and the licensee may renew the license by mailing the sum of Thirty-two Dollars ($32.00) to the commission. A licensee who has not renewed the license within thirty (30) days after the expiration date shall be removed from the commission's records, and the licensee must apply to be placed on the renewal list.
(d) In addition to a hunting license allowing the taking of turkey, a resident who hunts turkey during a fall turkey season must purchase a fall turkey hunting permit for a fee of Five Dollars ($5.00) plus the fee provided in Section 49-7-17. A resident sportsman's licensee or resident lifetime sportsman's licensee may hunt during the fall turkey season without purchasing a permit.
(e) The commission may offer a resident apprentice hunting license for a resident who does not have the required certificate of hunter education and may set the fee for the apprentice hunting license. An apprentice license may be purchased only one (1) time by a resident and the apprentice hunting licensee must be accompanied by a licensed or exempt resident hunter at least twenty-one (21) years of age when hunting. The provisions of this paragraph (e) shall not be applicable to any resident issued a hunting license under the exemption created in Section 49-7-20(6) for active duty, retired or honorably discharged members of the Armed Forces, including the Reserves and National Guard.
(2) (a) Any resident citizen of the State of Mississippi who has not reached the age of sixteen (16) years or who has reached the age of sixty-five (65) years, or any resident citizen who is blind, paraplegic, or a multiple amputee, or who has been adjudged by the Veterans Administration as having a total service-connected disability, or has been adjudged to be totally disabled by the Social Security Administration shall not be required to purchase or have in his possession, a hunting or fishing license while engaged in such activities. A person exempt by reason of total service-connected disability, as adjudged by the Veterans Administration or who has been adjudged to be totally disabled by the Social Security Administration or who is blind, paraplegic or a multiple amputee, shall have in their possession and on their person proof of their age, residency, disability status or other respective physical impairment while engaged in the activities of hunting or fishing.
(b) Any resident who is a member of the Armed Forces, including the Reserves and National Guard, and on active duty outside the State of Mississippi is not required to complete a hunter education course approved by the department, neither shall such resident be required to purchase or have in his possession a hunting or fishing license while engaged in such activities on leave from active duty. The resident shall have in his possession and on his person any proof as may be required by the commission.
(c) All exempt hunting and fishing licenses previously issued for disabilities shall be null and void effective July 1, 1993.
(d) The commission may offer a youth all-game hunting and fishing license for exempt youths who have a hunter education certificate and an all-game hunting and fishing license for other persons exempted under paragraph (a). Youths and other exempt persons shall not be required to purchase this license or have it in possession while hunting or fishing. The commission may establish a fee not to exceed Five Dollars ($5.00) for the licenses.
(3) No license shall be required of residents to hunt, fish or trap on lands in which the record title is vested in such person.
(4) Any person or persons exempt under this section from procuring a license shall be subject to and must comply with all other terms and provisions of this chapter.
(5) Any person authorized to issue any license under this section may collect and retain for the issuance of each license the additional fee authorized under Section 49-7-17.
[From and after the increase of nonresident license fees by the Commission on Wildlife, Fisheries and Parks in accordance with the authority provided in Section 49-7-8, this section shall read as follows:]
49-7-5. (1) (a) Any resident, as defined in Section 49-7-3, upon application, shall receive a combination resident hunting and fishing license for the sum of Twenty-five Dollars ($25.00). The license shall qualify the licensee to hunt under this chapter all game and fowl, including deer and turkey, and to fish in any county of the state.
(b) Any resident, as defined in Section 49-7-3, upon application, shall receive a resident combination small game hunting and fishing license for the sum of Ten Dollars ($10.00) together with the fee provided in Section 49-7-17 to the office or agent issuing the license. The hunting license shall qualify the licensee to hunt and fish under this chapter all game and fowl, except deer and turkey, in any county in the state.
(c) Any resident, as defined in Section 49-7-3, upon application, shall receive a sportsman's license for the sum of Forty-five Dollars ($45.00). The license shall qualify the licensee to hunt under this chapter all game and fowl, including deer and turkey, and to fish as provided by law, in any county in the state, and to hunt using primitive weapons and bow and arrow in the manner provided by law. The commission may notify the licensee of the expiration of his license, and the licensee may renew the license by mailing the sum of Forty-five Dollars ($45.00) to the commission. A licensee who has not renewed the license within thirty (30) days after the expiration date shall be removed from the commission's records, and the licensee must apply to be placed on the renewal list.
(d) In addition to a hunting license allowing the taking of turkey, a resident who hunts turkey during a fall turkey season must purchase a fall turkey hunting permit for a fee of Five Dollars ($5.00) plus the fee provided in Section 49-7-17. A resident sportsman's licensee or resident lifetime sportsman's licensee may hunt during the fall turkey season without purchasing a permit.
(e) The commission may offer a resident apprentice hunting license for a resident who does not have the required certificate of hunter education and may set the fee for the apprentice hunting license. An apprentice license may be purchased only one (1) time by a resident and the apprentice hunting licensee must be accompanied by a licensed or exempt resident hunter at least twenty-one (21) years of age when hunting. The provisions of this paragraph (e) shall not be applicable to any resident issued a hunting license under the exemption created in Section 49-7-20(6) for active duty, retired or honorably discharged members of the Armed Forces, including the Reserves and National Guard.
(2) (a) Any resident citizen of the State of Mississippi who has not reached the age of sixteen (16) years or who has reached the age of sixty-five (65) years, or any resident citizen who is blind, paraplegic, or a multiple amputee, or who has been adjudged by the Veterans Administration as having a total service-connected disability, or has been adjudged to be totally disabled by the Social Security Administration shall not be required to purchase or have in his possession, a hunting or fishing license while engaged in such activities. A person exempt by reason of total service-connected disability, as adjudged by the Veterans Administration or who has been adjudged to be totally disabled by the Social Security Administration or who is blind, paraplegic or a multiple amputee, shall have in their possession and on their person proof of their age, residency, disability status or other respective physical impairment while engaged in the activities of hunting or fishing.
(b) Any resident who is a member of the Armed Forces, including the Reserves and National Guard, and on active duty outside the State of Mississippi is not required to complete a hunter education course approved by the department, neither shall such resident be required to purchase or have in his possession a hunting or fishing license while engaged in such activities on leave from active duty. The resident shall have in his possession and on his person any proof as may be required by the commission.
(c) All exempt hunting and fishing licenses previously issued for disabilities shall be null and void effective July 1, 1993.
(d) The commission may offer a youth all-game hunting and fishing license for exempt youths who have a hunter education certificate and an all-game hunting and fishing license for other persons exempted under paragraph (a). Youths and other exempt persons shall not be required to purchase this license or have it in possession while hunting or fishing. The commission may establish a fee not to exceed Five Dollars ($5.00) for the licenses.
(3) No license shall be required of residents to hunt, fish or trap on lands in which the record title is vested in such person.
(4) Any person or persons exempt under this section from procuring a license shall be subject to and must comply with all other terms and provisions of this chapter.
(5) Any person authorized to issue any license under this section may collect and retain for the issuance of each license the additional fee authorized under Section 49-7-17.
SECTION 3. This act shall take effect and be in force from and after July 1, 2017.