BILL NUMBER: AB 2132 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 20, 2008
PASSED THE ASSEMBLY AUGUST 28, 2008
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, 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, Houston. Wildlife: hunting.
(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.
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 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, instead, authorize the department to assess a
separate license fee for each property to be licensed.
(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.
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. (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 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 three to
the mile along all exterior boundaries and at all roads and trails
entering those lands, for the purpose of discharging any firearm or
taking or destroying any mammal or bird, including any waterfowl, on
those lands without having first obtained written permission from the
owner of 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, that will fairly advise persons about to
enter the land that the use of 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 the club is
seeking a license. The department may assess a separate license fee
for each property to be licensed, except as otherwise provided under
this code.
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.