BILL NUMBER: AB 1423	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Tom Berryhill

                        FEBRUARY 27, 2009

   An act to amend Section 3240.5 of, and to repeal and add Sections
3241 and 3242 of, the Fish and Game Code, relating to fish and
wildlife.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1423, as introduced, Tom Berryhill. Commercial hunting clubs.
   Existing law establishes the Department of Fish and Game in the
Natural Resources Agency. Existing law authorizes the department to
regulate commercial hunting clubs. Existing law requires a person in
possession or control of property who imposes or collects a fee for
the privilege of taking birds or mammals on that property, or who
imposes or collects a fee for any type of entry or use permit that
includes the privilege of taking birds or mammals on that property,
to obtain a commercial hunting club license from the department, as
prescribed. Existing law requires that license to be issued to any
person upon submission of a completed application on a form approved
by the Fish and Game Commission and the payment of a fee, as
specified. Existing law exempts from the application of these
provisions any hunting club or program licensed under other
provisions of the Fish and Game Code and any person who receives less
than $50 per entrant to the club and an annual total of fees that is
less than $500.
   This bill would recast those provisions to establish a number of
exemptions from having to obtain a commercial hunting club license.
The bill would require an application for a commercial hunting club
license to be on a form furnished by the department. The bill would
require the application to contain prescribed information. The bill
would require the department to issue a license to any person upon
submission of a completed application and payment of a fee, in
accordance with a fee schedule based on the number of properties used
by the club.
   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 3240.5 of the Fish and Game Code is amended to
read:
   3240.5.  (a) A person, including, but not limited to, a renter or
lessee, in possession or control of property on or with respect to
which a fee for the privilege of taking birds or mammals is imposed
or collected, or on or with respect to which a fee for any type of
entry or use permit that includes the privilege of taking birds or
mammals on the property is imposed or collected, is maintaining a
commercial hunting club if birds or mammals are taken on the
property, and shall procure a "commercial hunting club 
license."   license" before birds or mammals are taken.

   (b) This article does not apply to any of the following:
   (1) Any  landowner who rents or leases his or her property to
a  hunting club  or program licensed under other
provisions of this code   that is licensed in accordance
with this article and is not involved in the operation of the club
 . 
   (2) Any person who receives less than fifty dollars ($50) per
entrant and receives less than a total of five hundred dollars ($500)
between July 1 and the following June 30 for permission, entry
access, or use fees that include the privilege of hunting on property
in his or her possession or control.  
   (3) Any landowner who rents or leases his or her property to a
commercial hunting club and is not involved in the operation of the
club.  
   (2) Any property otherwise enrolled in a hunting or
conservation-related program licensed or authorized under this code
or regulations adopted pursuant to this code.  
   (3) Any officially sanctioned field dog trial event held pursuant
to regulations adopted by the department.  
   (4) Any property under a state or federal conservation or
agricultural easement.  
   (5) Any hunting club that, or person who, receives less than two
hundred dollars ($200) per entrant, and less than a total of two
thousand dollars ($2,000) between July 1 and the following June 30
for permission, entry access, or use fees that include the privilege
of hunting on property in the possession or control of that hunting
club or person.  
   (c) As used in this article, "property" means one or more
contiguous or adjacent legal parcels held by a common owner or
combination of owners and held out for a common purpose. 
  SEC. 2.  Section 3241 of the Fish and Game Code is repealed.

   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
seeking a license. The department shall assess a separate license fee
for each property to be licensed, except as otherwise provided under
this code. 
  SEC. 3.  Section 3241 is added to the Fish and Game Code, to read:
   3241.  (a) An application for a commercial hunting club license
shall be submitted on a form furnished by the department. The
application, which shall set forth all of the exemptions and
conditions established in Section 3240.5, shall require the applicant
to include all of the following information:
   (1) The name of the club and the ownership.
   (2) The business telephone number and mailing address of the club.

   (3) The number of properties used by the club and the general
physical location of each property.
   (4) The total acreage of the club property.
   (5) A list of all species of game hunted on the club property.
   (6) Information as to whether the club owner owns any of the
properties used by the club.
   (7) The name and address of each property owner, if the property
owner is substantially involved in the operation of the club, but
does not own the club.
   (8) The signature and title of the applicant.
   (9) Any other information the department may require.
   (b) The department shall allow a commercial hunting club that
leases or rents more than one property for hunting purposes to submit
a single application listing each of the properties for which the
club is seeking a license, if all of the information required for
each property is submitted in a format approved by the department.
  SEC. 4.  Section 3242 of the Fish and Game Code is repealed.

   3242.  Upon submission of a completed application on a form
approved by the commission, a commercial hunting club license shall
be issued to any person upon the payment of a base fee of one hundred
sixty-five dollars ($165), as adjusted under Section 713. 
  SEC. 5.  Section 3242 is added to the Fish and Game Code, to read:
   3242.  (a) The department shall issue a commercial hunting club
license to any person upon submission of a completed application and
payment of the required fee, according to the number of properties
used by the club, as follows:
   (1) The fee for one property shall be two hundred dollars ($200).
   (2) The fee for two to five properties shall be five hundred
dollars ($500).
   (3) The fee for six to 10 properties shall be one thousand dollars
($1,000).
   (4) The fee for 11 or more properties shall be two thousand
dollars ($2,000).
   (b) The fees specified in this section are applicable to the 2010
license year, and shall be adjusted annually thereafter pursuant to
Section 713.