BILL NUMBER: AB 1254	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 15, 2010
	AMENDED IN ASSEMBLY  JANUARY 25, 2010
	AMENDED IN ASSEMBLY  JANUARY 14, 2010
	AMENDED IN ASSEMBLY  JANUARY 4, 2010

INTRODUCED BY   Assembly Member Tom Berryhill

                        FEBRUARY 27, 2009

   An act to amend  Section 206   Sections 206,
2016, 3051, and 13104  of, and to repeal Section 2017 of, the
Fish and Game Code, relating to fish and wildlife.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1254, as amended, Tom Berryhill. Fish and Game Commission:
 hunting.   wildlife.  
   The 
    (1)     The  California Constitution
creates the Fish and Game Commission. Existing law establishes the
commission in the Natural Resources Agency to perform specified
functions. Existing law requires the commission to hold no fewer than
10 regular meetings per year, with no more than 2 regular meetings
to be held in Sacramento per year.
   This bill would require the commission to hold no fewer than
 8   10  meetings per year, if the
commission has adequate funding for related travel, including funding
for department travel. It would also require no more than 3, rather
than 2, regular meetings to be held in Sacramento per year. 
   Existing 
    (2)     Existing  law makes it
unlawful to take any mammal or bird or to discharge any firearm upon
any land where "PRIVATE PROPERTY NO HUNTING" signs are displayed as
prescribed.
   This bill would delete that provision. 
   (3) Existing law requires the Department of Fish and Game to
prescribe a minimum level of skill and knowledge to be required of
all hunter education instructors, and may limit the number of
students per instructor in all required classes.  
   This bill would require the department to offer special hunting
opportunities to qualified hunter education instructors by providing
a limited number of existing tags and other hunting opportunities.
 
   (4) Under existing law 1/2 of all fines and forfeitures imposed or
collected in any court of this state for violations of the Fish and
Game Code are deposited to the county in which the offense was
committed in a county fish and wildlife propagation fund to be
expended for the protection, conservation, propagation, and
preservation of fish and wildlife, in accordance with specified
requirements. Existing law authorizes the department to audit, or
require the county to audit, expenditures by the county from its fish
and wildlife propagation fund in order to determine compliance with
these requirements.  
   If, after reviewing the audit, the department determines that
expenditures are not in compliance with the requirements, the bill
would authorize the department to require that all expenditures from
the fund be temporarily suspended, or it may seek reimbursement of
funds that the audit determined were expended improperly, or both.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 206 of the Fish and Game Code is amended to
read:
   206.  (a) The commission shall hold no fewer than  eight
  10  regular meetings per calendar year, if the
commission has adequate funding for related travel, including funding
for department travel. The commission may also hold special meetings
or hearings to receive additional input from the department and the
public.
   (b) The commission shall announce the dates and locations of
meetings for the year by January 1 of that year, or 60 days prior to
the first meeting, whichever comes first. Meeting locations shall be
accessible to the public and located throughout the state, with no
more than three regular meetings to be held in Sacramento per year.
To the extent feasible, meetings shall be held in state facilities.
In setting the dates and locations for regular meetings, the
commission shall also consider the following factors:
   (1) Recommendations of the department.
   (2) Opening and closing dates of fishing and hunting seasons.
   (3) The schedules of other state and federal regulatory agencies
whose regulations affect the management of fish and wildlife of this
state.
   (c) The commission shall cause the notice of the schedule for
regular meetings, and notice of any change in the date and location
of a meeting, to be disseminated to the public in a manner that will
result in broad dissemination, including, but not limited to,
electronic distribution, mailings to interested parties, and
publication in local newspapers of affected communities.
   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 such 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.  Such   The
 signs may be of any size and 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   the  land is so
restricted.  Nothing in this section shall interfere with or
restrict the right of the public to use navigable waters as provided
under Section 4 of Article X of the California Constitution. 
   SEC. 2.   SEC. 3.   Section 2017 of the
Fish and Game Code is repealed.
   SEC. 4.    Section 3051 of the   Fish and
Game Code   is amended to read: 
   3051.  (a) The department shall provide for a course of
instruction in hunter education, principles of conservation, and
sportsmanship, and for this purpose may cooperate with any reputable
association or organization having as one of its objectives the
promotion of hunter safety, principles of conservation, and
sportsmanship.
   (b) The department may designate as a hunter education instructor
any person found by it to be competent to give instruction in the
courses required in this article. A person so appointed shall give
that course of instruction, and, upon completion thereof, shall issue
to the person instructed a certificate of completion as provided by
the department in hunter safety, principles of conservation, and
sportsmanship.
   (c) The department shall prescribe a minimum level of skill and
knowledge to be required of all hunter education instructors, and may
limit the number of students per instructor in all required classes.

   (d) The department may revoke the certificate of any instructor
when, in the opinion of the department, it is in the best interest of
the state to do so. 
   (e) (1) In order to recruit and retain hunter education
instructors, the department shall offer special hunting opportunities
to qualified hunter education instructors by providing a limited
number of existing tags and other hunting opportunities. The
department may provide these tags and hunting opportunities through
any of the following methods:  
   (A) The private lands management program described in Article 5
(commencing with Section 3400) of Chapter 2.  
   (B) The Shared Habitat Alliance for Recreational Enhancement
(SHARE) program described in Article 3 (commencing with Section 1570)
of Chapter 5 of Division 2.  
   (C) Entering into cooperative agreements with federal, state, and
local agencies that hold title to, or administer, lands or waters.
 
   (D) Entering into cooperative agreements with landowners or
tenants seeking depredation permits for game mammals as described in
Section 4188.  
   (E) Authorizing a minimum of two deer tags from the annual deer
tag quota, as determined by the department.  
   (2) Eligibility criteria for hunter education instructors seeking
hunting opportunities pursuant to this subdivision shall be
determined by the department. Hunter education instructors that meet
these criteria shall be selected for opportunities pursuant to this
subdivision only by random drawing. 
   SEC. 5.    Section 13104 of the   Fish and
Game Code   is amended to read: 
   13104.  The department may audit, or require the county to audit,
expenditures by the county from its fish and wildlife propagation
fund in order to determine compliance with this chapter.  If,
after reviewing the audit, the department determines that
expenditures are not in compliance with this chapter, the department
may require that all expenditures from the fund be temporarily
suspended, or it may seek reimbursement of funds that the audit
determined were expended improperly, or both.