CHAPTER 127


98-S 2771A
Enacted 7/3/98


A N     A C T

RELATING TO PARKS AND RECREATIONAL AREAS -- PERSONS WITH DISABILITIES

Introduced By: Senators Cicilline, Polisena, Walton, Sosnowski, Izzo et. al.

Date Introduced : February 10, 1998

It is enacted by the General Assembly as follows:

SECTION 1. Section 32-1-17 of the General Laws in Chapter 32-1 entitled "General Provisions" is hereby amended to read as follows:

32-1-17. {DEL Totally disabled persons. -- DEL} {ADD Persons with disabilities. --ADD} No fee shall be charged any person {ADD with a disability regardless of age, or to automobiles transporting a non-driver with a disability ADD} {DEL who is totally disabled, according to social security standards, DEL} at any recreational facility owned and operated by the state {DEL . DEL} {ADD , provided, however, proper identification is presented as prescribed by the department of environmental management. For the purpose of this section "person with a disability" shall mean an individual who has a physical or mental impairment and is receiving: ADD}

{ADD (a) social security disability benefits (SSDI), ADD}

{ADD (b) supplemental security income benefits (SSI), or ADD}

{ADD (c) veterans benefits and who shall be determined under applicable federal law by the federal department of veterans' affairs to be hundred percent (100%) disabled through a service-connected disability. ADD}

{ADD For purpose of this section "fees" shall include all fees for parking, admittance, or other user-fees for playing golf. The term "fees" shall not include licensing fees; camping fees, picnic table fees or specialized facility use fees, including, but not limited to, fees for the use of equestrian areas, performing arts centers, game fields and mule shed. ADD}

SECTION 2. Section 20-2-31 of the General Laws in Chapter 20-2 entitled "Licensing" is hereby amended to read as follows:

20-2-31. Hunting and fishing licenses -- Exceptions. -- (a) Every valid license to hunt or fish in this state which is held by any resident of this state upon joining the armed forces or the merchant marine of the United States is hereby extended and shall be in force and valid until six (6) months following the termination of his or her service.

(b) Every member of the armed forces or of the merchant marine of the United States may hunt or fish in this state if that person procures a hunting or fishing license issued by the state of Rhode Island, the fee for which in such case shall be that charged for a resident civilian.

(c) Every man or woman who was a part of the armed forces of the United States government and is now a one hundred percent (100%) disabled veteran, and any man or woman who is one hundred percent (100%) permanently disabled, shall be entitled, subject to the provisions of this title, to receive a license to hunt and/or fish in this state; and upon the presentation of his or her necessary military discharge identification and/or disability papers {ADD as prescribed by the department of environmental management ADD} shall, at the discretion of the licensing authority, receive, without the payment of any license fee, a continuing special form of license authorizing such man or woman to hunt and/or fish in this state in accord with the provisions of this title and regulations issued pursuant thereto for so long as he or she so desires; provided, however, that the man or woman, having once made application for such a license, shall not again be required to appear before the licensing authority to present his or her papers.

(d) A fresh water fishing license shall not be required of any blind person. For the purposes of this section, a person shall be blind only if his or her central visual acuity does not exceed 20/200 in the better eye with correcting lenses or if his or her visual acuity is greater than 20/200 but is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees (20 degrees).

(e) Every resident man or woman over the age of sixty-five (65) years shall be entitled, subject to the provisions of this title and the regulations issued pursuant thereto, to receive a special permanent license to hunt and/or fish in this state for which there shall be no fee.

(f) Any man or woman who is one hundred percent (100%) permanently disabled may apply to the clerk of any city or town to receive a license to fish in this state and upon presentation of his or her proof of disability {ADD as prescribed by the department of environmental management ADD} shall receive, without the payment of any license fee, a continuing special form of license authorizing the man or woman to fish in this state for so long as he or she so desires; provided, however, that the man or woman, having once made application for such a license, shall not again be required to appear before the licensing authority to present his or her papers.

(g) A fresh water fishing license shall not be required on June 3 and 4, 1989. The director may by regulation thereafter, designate no more than two (2) days in each year, which may or may not be consecutive, during which residents and non-residents may, without having a license and without payment of any fee, exercise the privileges of a holder of a fresh water fishing license. These persons shall be subject to all other limitations, restrictions, conditions, laws, rules, and regulations applicable to the holder of a fresh water fishing license.

{ADD (h) For the purpose of this section "man or woman who is one hundred percent (100%) permanently disabled" shall mean an individual who has a physical or mental impairment and is receiving: ADD}

{ADD (1) social security disability benefits (SSDI), ADD}

{ADD (2) supplemental security income benefits (SSI). ADD}

{ADD All licenses which are issued to persons who qualify pursuant to this subsection shall be issued without the requirement of the payment of a fee and shall expire annually on February 28 of each year. Persons seeking the issuance or reissuance of licenses shall be required to present documentation establishing that the applicant is qualified, or remains qualified, pursuant to this subsection. ADD}

SECTION 3. This act shall take effect upon passage.



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