BILL NUMBER: AB 3055 CHAPTERED
BILL TEXT
CHAPTER 453
FILED WITH SECRETARY OF STATE SEPTEMBER 10, 2002
APPROVED BY GOVERNOR SEPTEMBER 10, 2002
PASSED THE ASSEMBLY AUGUST 15, 2002
PASSED THE SENATE AUGUST 12, 2002
AMENDED IN SENATE AUGUST 5, 2002
AMENDED IN SENATE JUNE 17, 2002
AMENDED IN ASSEMBLY APRIL 17, 2002
INTRODUCED BY Committee on Water, Parks and Wildlife (Canciamilla
(Chair), Aroner, Corbett, Florez, Frommer, Goldberg, Kehoe, Kelley,
Leslie, and Pavley)
APRIL 3, 2002
An act to add Section 4826.2 to the Business and Professions Code,
and to amend Sections 1055.6, 1057, 3050, and 3508 of, and to repeal
Sections 3509 and 3510 of, the Fish and Game Code, relating to fish
and game, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 3055, Committee on Water, Parks and Wildlife. Fish and game.
(1) Under existing law, it is unlawful to import, transport,
possess, or release alive into this state, except under a revocable,
nontransferable permit, any wild animal of certain enumerated
species.
This bill would authorize a veterinarian, a registered veterinary
technician, or an unregistered assistant working under the
supervision of a veterinarian, to provide veterinary care and
treatment for any animal enumerated in the provisions summarized
above for the period of time that veterinary care and treatment are
necessary.
(2) Existing law provides that the Department of Fish and Game may
authorize any person, with specified exceptions, to be a license
agent to issue any license, permit, reservation, tag, or other
entitlement upon the department's approval of the application.
Existing law requires the license agent to retain those funds in a
separate bank account, separate from the license agent's other funds.
This bill would delete the requirement that the fees be kept in a
separate bank account and would instead require the license agent to
account for those fees separately from other funds belonging to the
license agent.
(3) Under existing law, no hunting license may be issued to a
person unless he or she presents to the person authorized to issue
the license evidence of a current or prior license or completion of a
hunter safety course. Evidence of a current hunting license issued
by another state or province is acceptable for issuance of a hunting
license.
This bill would permit issuing a hunting license upon evidence
that the applicant either holds a current hunting license, or a
hunting license issued in either of the 2 previous hunting years by
another state or province.
(4) Existing law generally provides that no person may break,
train, hold field trials with, or practice dogs on any wild game bird
or domesticated game bird during the closed season for the
particular bird, with certain exceptions.
This bill would delete those exceptions and instead provide that
no person may take those actions, except as authorized by the Fish
and Game Commission. To the extent that the bill would expand the
scope of an existing crime, the bill would impose a state-mandated
local program.
(5) Existing law continuously appropriates money in the Fish and
Game Fund to the department and the commission to carry out the Fish
and Game Code.
By imposing new duties on the department, the bill would make an
appropriation.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4826.2 is added to the Business and Professions
Code, to read:
4826.2. Notwithstanding any other provision of law, a
veterinarian, registered veterinary technician, or an unregistered
assistant working under the supervision of a veterinarian, may
provide veterinary care and treatment for any animal restricted
pursuant to Section 2118 of the Fish and Game Code. A veterinarian,
registered veterinary technician, or an unregistered assistant
working under the supervision of a veterinarian, may lawfully possess
one or more of the animals only for the period of time that, in his
or her judgment, veterinary care and treatment are necessary. No
veterinarian, registered veterinary technician, or unregistered
assistant working under the supervision of a veterinarian, has a duty
to advise law enforcement if he or she becomes aware that one or
more of the animals is possessed in the state. For the purposes of
this section, "veterinary care and treatment" does not include
boarding when no veterinary care or treatment is required.
SEC. 2. Section 1055.6 of the Fish and Game Code is amended to
read:
1055.6. (a) Except as provided in subdivision (b), each license
agent authorized pursuant to Section 1055.1 shall remit to the
department the fees prescribed in this code or in regulations adopted
pursuant to this code for all licenses, permits, reservations, tags,
and other entitlements by electronic means, such as electronic fund
transfer. In order to facilitate the prompt remittance of revenues,
the department is authorized to withdraw funds from the bank account
of the license agent, including adjustments, by electronic transfer.
License agents shall ensure that the total fees required for all
licenses, permits, reservations, tags, or other entitlements
necessary to perform the electronic transfer are available on the
date specified by the license agent contract.
(b) A license agent shall report to the department on or before
the end of the next business day of the department any losses of fees
received from the issuing of licenses, permits, reservations, tags,
or other entitlements.
(c) The license agent may retain not more than fifteen cents
($0.15) of the fee received for each Colorado River special use
validation issued pursuant to Section 7180.1 as compensation for
services. The license agent shall remit to the department the fees
prescribed by Section 7180.1, less any amounts retained under this
subdivision, for all Colorado River special use validations issued.
The license agent shall remit the net fees as prescribed in
subdivision (a).
(d) Except as provided in subdivision (b), any fees not
transmitted or made available to the department within seven days
following the due date as specified by the department are delinquent,
and delinquent fees are subject to interest and penalties prescribed
in subdivision (b) of Section 1059. Interest and penalties shall be
computed beginning one day following the due date as specified by
the department.
(e) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
SEC. 3. Section 1057 of the Fish and Game Code is amended to read:
1057. All license, tag, permit, reservation, and other
entitlement money shall be accounted for separately from other funds
of a license agent, and shall at all times belong to the state.
SEC. 4. Section 3050 of the Fish and Game Code is amended to read:
3050. (a) No hunting license may be issued to any person unless
he or she presents to the person authorized to issue that license any
of the following:
(1) Evidence that he or she has held a hunting license issued by
this state in a prior year.
(2) Evidence that he or she holds a current hunting license, or a
hunting license issued in either of the two previous hunting years by
another state or province.
(3) A certificate of completion of a course in hunter safety,
principles of conservation, and sportsmanship, as provided in this
article, with a hunter safety instruction validation stamp affixed
thereto.
(4) A certificate of successful completion of a hunter safety
course in another state or province.
(5) Evidence of completion of a course in hunter safety,
principles of conservation, and sportsmanship, which the commission
may, by regulation, require.
(b) The evidence required in subdivision (a) shall be forwarded to
the department with the license agent's report of hunting license
sales as required pursuant to Section 1055.5.
(c) Subdivision (a) does not apply to any person purchasing a
hunting license under paragraph (5) of subdivision (a) of Section
3031. However, that license may not qualify as evidence required in
subdivision (a) of this section.
SEC. 5. Section 3508 of the Fish and Game Code is amended to read:
3508. It is unlawful to break, train, hold field trials with, or
practice dogs on any wild game bird or domesticated game bird during
the closed season on such bird except as authorized by the
commission.
SEC. 6. Section 3509 of the Fish and Game Code is repealed.
SEC. 7. Section 3510 of the Fish and Game Code is repealed.
SEC. 8. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.