BILL NUMBER: AB 2132 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 13, 2008
AMENDED IN SENATE JUNE 17, 2008
AMENDED IN SENATE JUNE 2, 2008
AMENDED IN ASSEMBLY MAY 5, 2008
AMENDED IN ASSEMBLY MARCH 11, 2008
INTRODUCED BY Assembly Member Houston
FEBRUARY 20, 2008
An act to amend Sections 2016 and 3004 ,
3004, and 3241 of, and to add Section 2011.5 to, the Fish and
Game Code, relating to hunting.
LEGISLATIVE COUNSEL'S DIGEST
AB 2132, as amended, Houston. Wildlife: hunting.
Existing
(1) Existing law makes it
unlawful to enter any lands owned or occupied by another for the
purpose of taking or destroying any bird or mammal where signs
forbidding trespass are displayed at specified intervals, unless
written consent is obtained from the owner or owner's agent. Existing
law makes it unlawful to discharge any firearm or release any arrow
or crossbow bolt over or across any public road or way as specified.
Existing law permits the taking of a deer during archery
season with a bow and arrow, as specified.
This bill would require signs forbidding trespass to be at least
81/2 by 11 inches in size. The bill , except as specified,
would make it unlawful for a person to remove any collar
from a hunting dog with the intent to prevent or hinder the owner
from locating the dog a collar from a hunting dog, as
defined, without possessing written permission from the dog's owner
allowing the removal of the collar . The bill would make it
unlawful to discharge any firearm or release any arrow or crossbow
bolt over or across any public road or established way in an unsafe
manner.
Because a violation of the prohibition on collar removal
established by the bill would be a new crime, the bill would impose a
state-mandated local program.
(2) Existing law authorizes the Department of Fish and Game to
permit a commercial hunting club that leases or rents more than one
property for hunting purposes to submit one application listing each
of the properties for which the club is seeking a license. The
department, except as specified, is required to assess a separate
license fee for each property to be licensed.
This bill would authorize the department to assess a separate
license fee for each property to be licensed.
The
(3) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2011.5 is added to the Fish and Game Code, to
read:
2011.5. It is unlawful for any person to remove any collar,
including an electronic or radio transmitting collar, from a hunting
dog without the permission of the dog's owner and with the intent to
prevent or hinder the owner from locating the dog. The court may
order any person convicted of violating this section to pay the owner
of any hunting dog lost or killed as a result of collar removal, as
restitution, the actual value of the dog. The court may also order
any person convicted of violating this section, as restitution, to
pay to the owner of the hunting dog any lost breeding revenues.
2011.5. (a) It is unlawful for a person to remove from a hunting
dog any collar, including an electronic or radio transmitting device,
without possessing written permission from the dog's owner allowing
the removal of the collar.
(b) As used in this section, "hunting dog" means a dog in the
field actively engaged in the taking of mammals or birds, or a dog
actively being trained for the taking of mammals or birds, that is
located in an area where mammals or birds can be taken, at that time
and place, in accordance with existing law.
(c) This section does not apply to a law enforcement officer or an
animal control officer in the performance of his or her duty, or to
a person who is assisting an injured dog when the collar is the cause
for the injury.
SEC. 2. Section 2016 of the Fish and Game Code is amended to read:
2016. It is unlawful to enter any lands under cultivation or
enclosed by a fence, belonging to, or occupied by, another, or to
enter any uncultivated or unenclosed lands, including lands
temporarily inundated by nonnavigable waters
flowing outside the established banks of a river, stream, slough, or
other waterway, where signs forbidding trespass are displayed at
intervals not less than one per one-third
three to the mile along all exterior boundaries and at all
roads and trails entering such lands, unless the display is
otherwise reasonably prohibited by an obstruction, including, but not
limited to, a river, stream, or roadway, in which case the sign
shall be placed as near as possible to the one-third mile mark, for
those lands, for the purpose of discharging any
firearm or taking or destroying any mammal or bird, including any
waterfowl, on such those lands without
having first obtained written permission from the owner of
such those lands, or his or her agent, or the
person in lawful possession thereof. The signs shall be at least 81/2
by 11 inches in size and may be of any wording, other than the
wording required for signs under Section 2017, which
that will fairly advise persons about to enter
the land that the use of such land is so restricted
the land is so restricted. This section shall not be
construed to authorize a landowner to place three signs immediately
adjacent to each other so as to comply with the posting requirements
described in this section .
SEC. 3. Section 3004 of the Fish and Game Code is amended to read:
3004. (a) It is unlawful for any person, other than the owner,
person in possession of the premises, or a person having the express
permission of the owner or person in possession of the premises, to
hunt or to discharge while hunting, any firearm or other deadly
weapon within 150 yards of any occupied dwelling house, residence, or
other building or any barn or other outbuilding used in connection
therewith. The 150-yard area is a "safety zone."
(b) It is unlawful for any person to intentionally discharge any
firearm or release any arrow or crossbow bolt over or across any
public road or other established way open to the public in an unsafe
manner.
SEC. 4. Section 3241 of the Fish and
Game Code is amended to read:
3241. The department may permit a commercial hunting club that
leases or rents more than one property for hunting purposes to submit
one application listing each of the properties for which
they are the club is seeking a license. The
department shall may assess a separate
license fee for each property to be licensed, except as otherwise
provided under this code.
SEC. 4. SEC. 5. 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.