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 doga 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 nonnavigablewaters 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-thirdthree 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, forthose lands, for the purpose of discharging any firearm or taking or destroying any mammal or bird, including any waterfowl, on suchthose lands without having first obtained written permission from the owner of suchthose 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, whichthat will fairly advise persons about to enter the land that the use of such land is so restrictedthe 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 arethe club is seeking a license. The department shallmay 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.