Tennessee Code Annotated

Title 70: Wildlife Resources

Chapter 2: Licenses and Permits

Part 1: General Provisions

TCA 70-2-104: Persons entitled to license without fee or at reduced fee -- Penalty for false information -- Imposition of fee.

(a) The wildlife resources director and the director's agents, through the county clerks or other legally designated license sales agents, have the power to issue a:

(1) Sport fishing license without the payment of a license fee to those residents of Tennessee who are certified to be blind, having a visual acuity, with maximum correction, not exceeding 20/200 in the better eye or having a visual acuity exceeding 20/200 but accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees (20 degrees). The director shall accept as evidence, for the purposes of this title, a certificate from the department of human services or from a physician licensed to practice medicine in this state and who is actively engaged in the treatment of diseases of the human eye, or a licensed, registered optometrist, certifying that such person meets the requirements of this section with reference to the degree of blindness as defined in this subdivision (a)(1);

(2) Sport fishing and hunting license without the payment of a fee to residents of Tennessee who by reason of service in any war are thirty percent (30%) or more disabled. The director shall accept as evidence of service-connected disability for the purposes of this section a certification from the veterans' administration;

(3) (A) Hunting license to persons with intellectual disabilities who reside in this state and who are over ten (10) years of age. The director shall accept as evidence for the purposes of this subdivision (a)(3) a certificate from a physician licensed to practice medicine in this state certifying that the applicant meets the requirements of this section with reference to such disability. The person must be accompanied by an adult at least twenty-five (25) years of age or older, who is hunter-education-certified and licensed to hunt. The person shall be required to complete the hunter education course as provided in SC 70-2-108 in the presence of a licensed adult, but shall not be required to attain a particular score on the course examination or take the course more than once;

(B) As used in this subdivision (a)(3), unless the context otherwise requires:

(i) "Accompanied" means the licensed adult shall supervise no more than one (1) person with intellectual disabilities at any one (1) time and shall be able to take immediate control of the hunting device;

(ii) "Persons with intellectual disabilities" means persons who possess an intellectual disability, as defined by SC 33-1-101;

(C) The commission shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of subdivision (a)(3)(A), including, but not limited to, rules and regulations to specifically denote on the license that the person issued the license is a person with intellectual disabilities, and to create a one-time-only fee in an amount sufficient to cover the costs of implementing subdivision (a)(3)(A); and

(4) (A) Permanent sport combination hunting and fishing license upon payment of a one-time ten-dollar ($10.00) fee to those residents of Tennessee who are permanently restricted to wheelchairs. The director shall accept as evidence for the purposes of this section a certificate from a physician licensed to practice medicine in this state certifying that the applicant meets the requirements of this section with reference to permanent restriction to a wheelchair; or

(B) Permanent sport combination hunting and fishing license upon payment of a one-time ten-dollar ($10.00) fee to those residents of Tennessee who are one hundred percent (100%) permanently and totally service connected disabled veterans who apply for such discounts and exemptions prior to or after May 24, 2000. The agency shall accept as evidence of service-connected disability for the purposes of this subdivision (a)(4)(B) a certification from the veterans' administration.

(b) (1) The fish and wildlife commission shall by proclamation designate one (1) week of each year when any person who receives social security benefits due to intellectual disability may engage in all forms of sport fishing, and all sport fishing license requirements shall be suspended during such week for such persons. The agency may accept as evidence for purposes of this section a certificate from the social security administration or any other evidence acceptable to the executive director.

(2) A resident of Tennessee who receives social security benefits due to intellectual disability is entitled to the privilege of sport fishing upon presentation of evidence of such disability satisfactory to the agency. Such resident shall be issued a permanent license for sport fishing.

(c) The giving of false information as to name, age, degree of blindness, percentage of disability, permanent restriction to a wheelchair, address, residence or nonresidence by any applicant for any license provided for in this chapter, or altering any license or permit or any application for any license or permit, is a Class C misdemeanor.

(d) (1) The license fee discounts and exemptions provided in subsections (a) and (b) shall apply to qualified residents of Tennessee who apply for such discounts or exemptions prior to May 24, 2000.

(2) For qualified residents of Tennessee who have not applied for such discounts or exemptions prior to May 24, 2000, there shall be imposed a one-time ten-dollar ($10.00) fee for such license; provided, that such fee shall not apply to the exemption granted in subdivision (b)(1).

(3) Any qualified resident of Tennessee who has applied for such discount or exemption prior to May 24, 2000, may nevertheless make a voluntary payment of the one-time ten-dollar ($10.00) fee and upon making such payment shall be issued a license in accordance with this section.

(e) (1) This subsection (e) shall be known and may be cited as the "Hunter Wright Hunting and Fishing Act."

(2) Notwithstanding this section to the contrary, the wildlife resources director and the director's agents, through the county clerks or other legally designated license sales agents, have the power to issue an annual sport combination hunting and fishing license upon payment of a five-dollar ($5.00) fee to residents who are under eighteen (18) years of age and who are disabled.

(3) As used in this subsection (e), "disabled" means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that is certified by a licensed physician. This means that the condition must be both totally and permanently disabling. The director shall accept as evidence for the purposes of this subsection (e) a certificate from a physician licensed to practice medicine in this state certifying that the applicant meets the requirements of this subsection (e) with reference to being disabled.

(4) The commission shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, to specifically denote on the license that the person is disabled.

History: Acts 1951, ch. 115, SC 10 (Williams, SC 5178.39); 1955, ch. 62, SC 1; impl. am. Acts 1974, ch. 481, SCSC 16-21; impl. am. Acts 1975, ch. 219, SC 1; Acts 1976, ch. 682, SC 2; impl. am. Acts 1978, ch. 934, SCSC 22, 36; Acts 1982, ch. 738, SC 3; T.C.A. (orig. ed.), SCSC 51-208, 51-209; Acts 1989, ch. 309, SC 1; 1990, ch. 981, SC 4; 1993, ch. 54, SCSC 1, 2; 1995, ch. 147, SCSC 1, 2; 1998, ch. 603, SC 1; 2000, ch. 837, SC 4; 2004, ch. 829, SC 1; 2011, ch. 197, SC 1; 2012, ch. 713, SCSC 1, 2; 2012, ch. 954, SC 1; 2012, ch. 993, SC 13.