Bill Text: CT HB05128 | 2010 | General Assembly | Comm Sub
Bill Title: An Act Concerning Environmental Conservation Licensing.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2010-04-08 - File Number 417 [HB05128 Detail]
Download: Connecticut-2010-HB05128-Comm_Sub.html
General Assembly |
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February Session, 2010 |
*_____HB05128ENV___032210____* |
AN ACT CONCERNING ENVIRONMENTAL CONSERVATION LICENSING.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 23-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
The Commissioner of Environmental Protection may grant revocable licenses for public purposes to any person for the use of any portion of any state forest, [or] state park or other lands under the commissioner's control if [said] the commissioner finds that such purposes are not in conflict with [park or forest] the purposes of such park, forest or other lands.
Sec. 2. Section 26-1 of the general statutes is amended by adding subdivision (23) as follows (Effective January 1, 2011):
(NEW) (23) "Agent", unless the context clearly indicates otherwise, means any town clerk or retail establishment authorized by the Commissioner of Environmental Protection to issue certain hunting, fishing and trapping licenses, permits, stamps and tags.
Sec. 3. Subsection (a) of section 26-28 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):
(a) Except as provided in subsection (b) of this section, the fees for firearms hunting, archery hunting, trapping and sport fishing licenses or for the combination thereof shall be as follows: (1) Resident firearms hunting license, twenty-eight dollars; (2) resident fishing license, forty dollars; (3) resident marine waters fishing license, ten dollars; (4) one-day resident marine waters fishing license, fifteen dollars; (5) resident all-waters fishing license, fifty dollars; (6) resident combination license to fish in inland waters and firearms hunt, fifty-six dollars; (7) resident combination license to fish in marine waters and firearms hunt, fifty dollars; (8) resident combination license to fish in all waters and firearms hunt, sixty dollars; (9) resident combination license to fish in all waters and bow and arrow permit to hunt deer and small game issued pursuant to section 26-86c, as amended by this act, eighty-four dollars; (10) resident firearms super sport license to fish in all waters and firearms hunt, firearms private land shotgun or rifle deer permit issued pursuant to section 26-86a, as amended by this act, and permit to hunt wild turkey during the spring season on private land issued pursuant to section 26-48a, as amended by this act, one hundred sixteen dollars; (11) resident archery super sport license to fish in all waters, bow and arrow permit to hunt deer and small game issued pursuant to section 26-86c, as amended by this act, and permit to hunt wild turkey during the spring season on private land issued pursuant to section 26-48a, as amended by this act, one hundred four dollars; (12) resident trapping license, fifty dollars; (13) resident junior trapping license for persons under sixteen years of age, fifteen dollars; (14) junior firearms hunting license, fifteen dollars; (15) nonresident firearms hunting license, one hundred thirty-four dollars; (16) nonresident inland waters fishing license, eighty dollars; (17) nonresident inland waters fishing license for a period of three consecutive days, thirty-two dollars; (18) nonresident marine waters fishing license, sixty dollars; (19) nonresident marine waters fishing license for a period of three consecutive days, twenty-four dollars; (20) nonresident all-waters fishing license, one hundred dollars; (21) nonresident combination license to firearms hunt and inland waters fish, one hundred seventy-six dollars; (22) nonresident combination license to fish in all waters and firearms hunt, one hundred ninety dollars; (23) nonresident combination license to fish in marine waters and firearms hunt, one hundred seventy dollars; and (24) nonresident trapping license, two hundred fifty dollars. Persons sixty-five years of age and over who have been residents of this state for not less than one year and who meet the requirements of subsection (b) of section 26-31, as amended by this act, may be issued an annual license to firearms hunt or to fish or combination license to fish and firearms hunt or a license to trap without fee. The issuing agency shall indicate on a combination license the specific purpose for which such license is issued. The [town clerk] agent shall remit license fees in accordance with the procedures and schedule established by the Commissioner of Environmental Protection and retain such a recording fee [of one dollar] as established by the commissioner for each license issued by [him] such agent.
Sec. 4. Section 26-30 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):
(a) Resident licenses to firearms hunt, archery hunt, trap or fish, or the combination thereof, shall be issued only to qualified applicants therefor by the [town clerk of any town, an agent of such town clerk deputized pursuant to subsection (f) of this section or an agent of the] Commissioner of Environmental Protection or an agent licensed pursuant to subsection [(g)] (f) of this section. Such licenses shall be issued in such form as the commissioner [shall prescribe] prescribes.
(b) Nonresident licenses shall be issued by [any town clerk, an agent of such town clerk or an agent of] the commissioner or an agent, except that nonresident trapping licenses shall be issued by the commissioner. Such licenses shall be issued in such form as prescribed by the commissioner.
(c) Applications shall be made on forms furnished by the commissioner, containing such information as the commissioner may require, and any such application forms shall have printed thereon, "I declare under the penalties of false statement that the statements herein made by me are true and correct." Any person who makes any material false statement on such application form shall be guilty of false statement and shall be subject to the penalties provided for false statement, and said offense shall be deemed to have been committed in the town in which such application is presented or received for processing.
(d) No application shall contain any material false statement.
(e) The [town clerk, an agent of such town clerk or an agent of the] commissioner or agent shall, upon receipt of such application, correctly filled out and accompanied by the required fee, issue to such applicant the appropriate license. [If such application is by mail, the town clerk shall mail such license to such applicant within five days from the receipt of the application and proper fee.]
[(f) The town clerk of any town may deputize agents in such town to issue firearms hunting, archery hunting, trapping and fishing licenses, or the combination thereof, provided he shall be solely responsible for compliance with the provisions of the statutes relating to the duties of the town clerk in connection with such licenses and the moneys received therefor.]
[(g)] (f) The Commissioner of Environmental Protection may, upon application by persons on forms furnished by the commissioner and containing such information as the commissioner may require, license such persons as agents for the issuance of firearms hunting, archery hunting, trapping and fishing licenses, or the combination thereof. [Upon the request of any agent licensed by the commissioner, the town clerk of the town in which such agent conducts business shall sell license forms to such agent at the regular license cost minus twenty-five cents for such agent's fee. Not later than the first Monday of each month, such agent shall remit to the town clerk from whom the license forms were purchased any license forms voided by such agent and two copies of all licenses sold by such agent during the preceding month. Upon the request of an agent, the town clerk shall reimburse such agent for any unused or voided license forms remitted to such town clerk] The agent shall remit license fees to the Department of Environmental Protection in accordance with the procedures and schedule established by the commissioner.
Sec. 5. Subsection (b) of section 26-31 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):
(b) No firearms hunting, archery hunting or trapping license shall be issued to any person unless he presents proof in the form of a license or certified copy thereof that he has held a similar resident license to hunt with firearms or with bow and arrow or to trap within five years from the date of application in any state or country or possession thereof, or unless he presents to the [town clerk] agent or Commissioner of Environmental Protection a certificate of completion issued under subsection (a) of this section or an equivalent, as deemed by the commissioner, of such certificate. Each [town clerk] agent shall transmit all such certificates presented to [him to the Commissioner of Environmental Protection] such agent to the commissioner in connection with [his] such agent's report to the commissioner under section 26-36, as amended by this act.
Sec. 6. Section 26-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):
Each [town clerk] agent shall keep a record of all licenses issued by such [clerk] agent under the provisions of this chapter for a period of two years after issuance, which record shall be open to public inspection, and such [clerk] agent shall [, on the first Monday of each month,] remit to the commissioner all money, except the recording fees, received by such [clerk] agent for such licenses issued during the month preceding [and shall also forward to the commissioner copies of all licenses issued during the month preceding. Within fifteen days following] in accordance with the schedule established by the commissioner. Following the close of each calendar year, the [town clerk] agent shall send to the commissioner [(1) all license forms, other than lifetime license forms, allotted to such clerk which were not issued, (2)] an annual report in such form as is required by the commissioner, accounting for all [license forms furnished such clerk by the commissioner,] licenses sold or cancelled by such [clerk, licenses voided by such clerk and licenses unused, and (3) an affidavit attesting to the accuracy of the accounting in said annual report] agent.
Sec. 7. Subsection (b) of section 26-48a of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):
(b) Such permits, tags or stamps shall be issued to qualified applicants by [any town clerk] the commissioner or an agent. Application for such permits, tags or stamps shall be on such form and require of the applicant such information as the commissioner may prescribe. The commissioner may [adopt regulations in accordance with the provisions of chapter 54 authorizing a town clerk] authorize an agent to retain part of any fee paid for a permit, tag or stamp issued by such [town clerk] agent pursuant to this section. [, provided the] The amount retained by such agent shall [not be less than fifty cents] be the amount established by the commissioner.
Sec. 8. Subsection (a) of section 26-86a of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):
(a) The commissioner shall establish by regulation adopted in accordance with the provisions of chapter 54 standards for deer management, and methods, regulated areas, bag limits, seasons and permit eligibility for hunting deer with bow and arrow, muzzleloader and shotgun, except that no such hunting shall be permitted on Sunday. No person shall hunt, pursue, wound or kill deer with a firearm without first obtaining a deer permit from the commissioner or an agent in addition to the license required by section 26-27. Application for such permit shall be made on forms furnished by the commissioner and containing such information as he may require. Such permit shall be of a design prescribed by the commissioner, shall contain such information and conditions as the commissioner may require, and may be revoked for violation of any provision of this chapter or regulations adopted pursuant thereto. As used in this section, "muzzleloader" means a rifle or shotgun of at least forty-five caliber, incapable of firing a self-contained cartridge, which uses powder, a projectile, including, but not limited to, a standard round ball, mini-balls, maxi-balls and Sabot bullets, and wadding loaded separately at the muzzle end and "rifle" means a long gun the projectile of which is six millimeters or larger in diameter. The fee for a firearms permit shall be twenty-eight dollars for residents of the state and one hundred dollars for nonresidents, except that any nonresident who is an active full-time member of the armed forces, as defined in section 27-103, may purchase a firearms permit for the same fee as is charged a resident of the state. The commissioner shall issue, without fee, a private land deer permit to the owner of ten or more acres of private land and the husband or wife, parent, grandparent, sibling and any lineal descendant of such owner, provided no such owner, husband or wife, parent, grandparent, sibling or lineal descendant shall be issued more than one such permit per season. Such permit shall allow the use of a rifle, shotgun, muzzleloader or bow and arrow on such land from November first to December thirty-first, inclusive. Deer may be so hunted at such times and in such areas of such state-owned land as are designated by the Commissioner of Environmental Protection and on privately owned land with the signed consent of the landowner, on forms furnished by the department, and such signed consent shall be carried by any person when so hunting on private land. The owner of ten acres or more of private land may allow the use of a rifle to hunt deer on such land during the shotgun season. The commissioner shall determine, by regulation, the number of consent forms issued for any regulated area established by said commissioner. The commissioner shall provide for a fair and equitable random method for the selection of successful applicants who may obtain shotgun and muzzleloader permits for hunting deer on state lands. Any person whose name appears on more than one application for a shotgun permit or more than one application for a muzzleloader permit shall be disqualified from the selection process for such permit. No person shall hunt, pursue, wound or kill deer with a bow and arrow without first obtaining a bow and arrow permit pursuant to section 26-86c, as amended by this act. "Bow and arrow" as used in this section and in section 26-86c, as amended by this act, means a bow with a draw weight of not less than forty pounds. The arrowhead shall have two or more blades and may not be less than seven-eighths of an inch at the widest point. No person shall carry firearms of any kind while hunting with a bow and arrow under said sections.
Sec. 9. Section 26-86b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):
The commissioner [shall] may issue tags to be attached to the carcass of any deer killed under the provisions of sections 26-82 and 26-86a to 26-86c, inclusive, as amended by this act, which tag shall be immediately attached to such deer and remain affixed until such carcass is dressed and butchered and packaged for consumption. Each person so taking deer shall, within twenty-four hours, report such kill to the commissioner on a form furnished by him.
Sec. 10. Section 26-86c of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):
No person may hunt deer or small game with a bow and arrow under the provisions of this chapter without a valid permit issued by the Commissioner of Environmental Protection or an agent pursuant to this section or section 26-86a, as amended by this act, for persons hunting deer with bow and arrow under private land deer permits issued free to qualifying landowners, or their husbands or wives, parents, grandparents, lineal descendants or siblings under that section. The fee for such bow and arrow permit to hunt deer and small game shall be sixty dollars for residents and two hundred dollars for nonresidents, or twenty-six dollars for any person twelve years of age or older but under sixteen years of age, except that any nonresident who is an active full-time member of the armed forces, as defined in section 27-103, may purchase a bow and arrow permit to hunt deer and small game for the same fee as is charged a resident of the state. Permits to hunt with a bow and arrow under the provisions of this chapter shall be issued only to qualified applicants therefor by the Commissioner of Environmental Protection or an agent, in such form as said commissioner prescribes. Applications shall be made on forms furnished by the commissioner containing such information as he may require and all such application forms shall have printed thereon: "I declare under the penalties of false statement that the statements herein made by me are true and correct." Any person who makes any material false statement on such application form shall be guilty of false statement and shall be subject to the penalties provided for false statement and said offense shall be deemed to have been committed in the town in which the applicant resides. No such application shall contain any material false statement. On and after January 1, 2002, permits to hunt with a bow and arrow under the provisions of this chapter shall be issued only to qualified applicants who have successfully completed the conservation education bow hunting course as specified in section 26-31, as amended by this act, or an equivalent course in another state.
Sec. 11. Subsection (a) of section 26-28c of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):
(a) Except as provided in subsection (b) of this section, the fee for a resident marine waters fishing license shall be as specified in section 26-28. Persons sixty-five years of age and over who have been residents of this state for not less than one year may be issued an annual marine waters fishing license without fee. The [town clerk] agent shall retain a recording fee of one dollar for each marine waters fishing license issued by him or her.
Sec. 12. Section 26-37 of the general statutes is repealed. (Effective from passage)
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2010 |
23-11 |
Sec. 2 |
January 1, 2011 |
26-1 |
Sec. 3 |
January 1, 2011 |
26-28(a) |
Sec. 4 |
January 1, 2011 |
26-30 |
Sec. 5 |
January 1, 2011 |
26-31(b) |
Sec. 6 |
January 1, 2011 |
26-36 |
Sec. 7 |
January 1, 2011 |
26-48a(b) |
Sec. 8 |
January 1, 2011 |
26-86a(a) |
Sec. 9 |
January 1, 2011 |
26-86b |
Sec. 10 |
January 1, 2011 |
26-86c |
Sec. 11 |
January 1, 2011 |
26-28c(a) |
Sec. 12 |
from passage |
Repealer section |
ENV |
Joint Favorable Subst. |