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House approves measure allowing free or reduced fishing licenses for disabled veterans; debate over delegation to wildlife agency

Utah House of Representatives · March 3, 2010
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Summary

House Bill 450 would allow the Division of Wildlife Resources to make rules enabling free or reduced-price fishing licenses for disabled veterans; lawmakers debated whether eligibility should be codified in statute or left to agency rulemaking. The House passed the bill 71–0 and sent it to the Senate.

The Utah House on March 2 approved a bill intended to expand access to fishing for disabled veterans while sparking debate about whether eligibility rules should be written into statute.

The reading clerk identified House Bill 450 as an amendment concerning disabled-veteran fishing licenses and listed Tim Cosgrove as the sponsor. Representative Tim Cosgrove described the measure as allowing the Division of Wildlife Resources to make rules, under the Utah Administrative Rulemaking Act, permitting a disabled veteran to receive a free or reduced-price fishing license when appropriate. "The division may make rules ... under which a disabled veteran may receive a fishing license free or at a reduced price," Cosgrove said, adding that existing Veterans Administration certification already documents disability.

Representative Bigelow challenged the delegation of eligibility determinations to the agency, urging the Legislature to put clear eligibility criteria into statute rather than relying on department rulemaking: "Why don't we just make up some rules to do it? ... Why do we wanna give this to the division to do it?" Bigelow said, arguing that federal and state disability definitions already exist and should be adopted by the Legislature in code.

Cosgrove responded that the bill aims to build public–private partnerships with local outfitters and that the Division's rulemaking authority would not replace VA disability certification, which he said remains the basis for eligibility.

After debate, the clerk reported the third-reading result as 71 yes, 0 no; the bill passed and was referred to the Senate for consideration.

Supporters framed the measure as a way to expand therapeutic and recreational opportunities for veterans returning from deployment; critics asked for statutory clarity on eligibility.

The bill now moves to the Senate.