BILL NUMBER: AB 193	CHAPTERED  10/06/05

	CHAPTER  563
	FILED WITH SECRETARY OF STATE  OCTOBER 6, 2005
	APPROVED BY GOVERNOR  OCTOBER 6, 2005
	PASSED THE ASSEMBLY  SEPTEMBER 7, 2005
	PASSED THE SENATE  SEPTEMBER 6, 2005
	AMENDED IN SENATE  AUGUST 29, 2005
	AMENDED IN SENATE  AUGUST 23, 2005
	AMENDED IN SENATE  JULY 13, 2005
	AMENDED IN ASSEMBLY  MARCH 1, 2005

INTRODUCED BY   Assembly Member Maze
   (Principal coauthor: Assembly Member Cogdill)

                        JANUARY 27, 2005

   An act to add Section 1122.5 to the Fish and Game Code, relating
to fish and game.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 193, Maze  Fish and game: Mount Whitney Fish Hatchery.
   Existing law requires the Fish and Game Commission to establish
fish hatcheries for the purposes of stocking the waters of California
with fish, and requires the Department of Fish and Game to maintain
and operate those hatcheries.
   This bill would authorize the Director of General Services, with
the consent of the Department of Fish and Game, to lease the Mount
Whitney Fish Hatchery facilities, or any portion thereof, to the
Friends of the Mount Whitney Hatchery for a term not to exceed 25
years, and with the possibility of renewal. The bill would require
the leased portion of the building to be utilized for specified
purposes. This bill would also require the lease to contain
provisions that do all of the following: (1) require that any work
done on the facility be performed in consultation with the State
Office of Historic Preservation; (2) require the Friends of the Mount
Whitney Fish Hatchery to permit reasonable public access to the
facilities, to obtain and maintain liability insurance for the leased
portion of the facilities, and to maintain the leased portion of the
facilities at all times; and (3) require that the state, agents of
the state, the department, and agents of the department be held
harmless from, and indemnified against, any liability resulting from
the acts or omissions of the lessee performed in the course of the
lease agreement.
   This bill would also make a legislative finding and declaration
relating to the Mount Whitney Fish Hatchery.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares that the leasing of
a portion of the Mount Whitney Fish Hatchery will serve a statewide
public purpose by keeping the hatchery open and running.
  SEC. 2.  Section 1122.5 is added to the Fish and Game Code, to
read:
   1122.5.  Notwithstanding any other provision of law, the Director
of General Services, with the consent of the department, may lease to
the Friends of the Mount Whitney Hatchery, at no cost, and subject
to any other terms and conditions that the director deems
appropriate, for a term not to exceed 25 years, and with the
possibility of renewal, the Mount Whitney Fish Hatchery facilities,
or any portion thereof, situated in the County of Inyo. The leased
portion of the building shall be used for environmental education
purposes and other related activities designed to benefit the
hatchery and the community. The lease shall require the Friends of
the Mount Whitney Fish Hatchery to permit reasonable public access to
the facility, to obtain and maintain liability insurance for the
leased portion of the facility, and to maintain the leased portion of
the facility at all times. The lease shall provide that any work
done on the facility shall be performed in consultation with the
State Office of Historic Preservation. The lease shall also provide
that the state, agents of the state, the department, and agents of
the department shall be held harmless from, and indemnified against,
any liability resulting from the acts or omissions of the Friends of
the Mount Whitney Fish Hatchery performed in the course of the lease
agreement.