Section 2. Licenses, Permits, and Stamps Generally, 27-2-1 through 27-2-42.
ARTICLE 1
HUNTING, TRAPPING, OR FISHING
27-2-4. Honorary and discounted hunting and fishing licenses.
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The department shall issue a discounted hunting and fishing license, which shall entitle a resident to hunt and fish in this state without the payment of fees described in Code Section 27-2-23, to each resident who is permanently and totally disabled. For purposes of this Code section, a permanent, total disability shall be a physical or mental impairment of a total and permanent nature which is certified as such by the United States Department of Veteran Affairs, the Social Security Administration, Medicaid, medicare, the Railroad Retirement System, or a unit of federal, state, or local government recognized by the board by rule or regulation; provided, however, that persons disabled because of a mental impairment shall be issued a discounted fishing license only. Persons issued a discounted license under disability provisions shall renew such licenses and recertify their eligibility for such licenses every three years; provided, however, that licenses in effect as of July 1, 1998, shall not require renewal. The fee for a discounted three-year license issued pursuant to this subsection shall be $9.00 for hunting or fishing only and $15.00 for hunting and fishing combined. The fee for a discounted annual license issued pursuant to this subsection shall be $3.00 for hunting or fishing only and $5.00 for hunting and fishing combined.
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Any resident who is totally blind and who applies to the department shall receive a lifetime honorary fishing license which shall entitle the holder thereof to fish in this state without the payment of any fee whatsoever.
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Any person holding a valid honorary or discounted license pursuant to this Code section shall not be required to obtain the trout license and big game license otherwise required by Code Section 27-2-6.
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All honorary and discounted hunting and fishing licenses are subject to all wildlife laws, rules, and regulations with the exception of the provisions requiring the payment of fees described in Code Section 27-2-23 for such licenses. Such honorary and discounted licenses may be revoked in accordance with this title. It shall be unlawful for any person who has an honorary or discounted hunting and fishing license to permit the use of same by any other person. It shall also be unlawful for any person who is not entitled to a discounted hunting and fishing license to use such a license or for any totally and permanently disabled person issued such a license to possess or use such license when the disability is no longer total or permanent. Licenses for the totally and permanently disabled may, upon a determination that the disability is no longer total or permanent, be revoked until such time as the disability is again total and permanent.
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The commissioner is authorized to make and enter into agreements from time to time with the proper authorities of various states of the United States regarding nonresident hunting and fishing license fees for persons 65 years of age or older so as to provide discounted hunting and fishing licenses to be issued to nonresidents 65 years of age or older where such practice is reciprocated for Georgia residents in that person's state of residence.
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Persons holding lifetime honorary licenses issued to persons 65 years of age or older prior to April 1, 1999, shall not be required to obtain a lifetime license pursuant to Code Section 27-2-3.1, and such lifetime honorary license shall carry the same rights and privileges as a lifetime license issued pursuant to that Code section.
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As used in this subsection, the term "returning veteran" means a person who is discharged from active duty as a member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard and who was on ordered federal duty for a period of 90 days or longer.
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The department shall issue an honorary hunting and fishing license to any returning veteran which shall entitle him or her to hunt and fish in this state without the payment of fees described in Code Section 27-2-23 for a period of one year following issuance. A returning veteran requesting such an honorary license shall provide proof of his or her discharge.
(Ga. L. 1949, p. 1194, §§ 1-4; Ga. L. 1956, p. 590, § 1; Ga. L. 1964, p. 461, § 1; Ga. L. 1965, p. 228, § 1; Ga. L. 1966, p. 6, § 2; Ga. L. 1971, p. 38, § 1; Ga. L. 1973, p. 1265, § 1; Code 1933, § 45-302, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1978, p. 935, § 1; Ga. L. 1979, p. 678, §§ 17, 18; Ga. L. 1984, p. 22, § 27; Ga. L. 1988, p. 842, § 1; Ga. L. 1990, p. 45, § 1; Ga. L. 1991, p. 94, § 27; Ga. L. 1994, p. 496, § 1; Ga. L. 1998, p. 783, § 5; Ga. L. 1998, p. 826, § 2; Ga. L. 2005, p. 213, § 3/SB 258; Ga. L. 2017, p. 27, § 5/HB 208.)
The 2017 amendment,
effective July 1, 2017, in subsection (a), substituted "a discounted" for "an honorary" in three places, deleted "which prevents gainful employment and" following "total and permanent nature" in the second sentence, deleted "honorary" following "however, that" in the third sentence, and added the last two sentences; inserted "or discounted" in subsection (c); in subsection (d), inserted "and discounted" in the first and second sentences, inserted "or discounted" in the third sentence, and substituted "a discounted" for "an honorary" in the fourth sentence; and, in subsection (e), substituted "discounted" for "honorary" and deleted "without charge" following "licenses to be issued". See Editor's note for applicability.
Code Commission notes.
- Pursuant to Code Section 28-9-5, in 1985, a comma was inserted following "license" in the first sentence of subsection (a).
Pursuant to Code Section 28-9-5, in 1998, a comma was deleted following "time" in subsection (e).
Editor's notes.
- Ga. L. 2017, p. 27,
§
20/HB 208, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall be applicable to all offenses occurring on or after July 1, 2017.
JUDICIAL DECISIONS
Presumption concerning nonresidents.
- One is presumed to know that a nonresident cannot obtain an honorary hunting license. Ford v. State, 178 Ga. App. 706, 344 S.E.2d 514 (1986).
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions under Ga. L. 1955, p. 483, as it read prior to revision by Ga. L. 1977, p. 396,
§
1, are included in the annotations for this Code section.
Widow of deceased veteran
is not entitled to free hunting or fishing license unless she herself is 65 years of age or older and a legal resident of Georgia. 1971 Op. Att'y Gen. No. 71-127 (decided under Ga. L. 1955, p. 483).
Meaning of phrase "without the payment of any fee whatsoever."
- Phrase "without the payment of any fee whatsoever" is designed to modify infinitive phrase "to hunt and fish"; legislative intent of former subsection (a) then would seem to be that holder of honorary license is not to be charged any state-imposed license or use fee for hunting and fishing. 1971 Op. Att'y Gen. No. 71-67 (decided under Ga. L. 1955, p. 483).