BILL NUMBER: SB 1179	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 21, 2010
	AMENDED IN SENATE  JUNE 1, 2010
	AMENDED IN SENATE  APRIL 19, 2010
	AMENDED IN SENATE  MARCH 24, 2010

INTRODUCED BY   Senator Hollingsworth

                        FEBRUARY 18, 2010

   An act to add Section 3040 to the Fish and Game Code, relating to
hunting.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1179, as amended, Hollingsworth. Free hunting days.
   Existing law generally requires a license to take a bird or
mammal. Existing law requires the Department of Fish and Game to
issue hunting licenses, upon payment of a fee, to eligible California
residents and nonresidents, as specified.
   Existing law authorizes the Director of Fish and Game to designate
not more than 2 days a year as free sportfishing days during which
residents and nonresidents may, without having a sportfishing license
and without the payment of any fee, exercise the privileges of a
holder of a sportfishing license, subject to all of the limitations,
restrictions, conditions, laws, rules, and regulations applicable to
the holder of a sportfishing license.
   This bill would  authorize   require 
the director to establish 2 free hunting days per year. The bill
would authorize a California resident who has never previously held a
state hunting license to hunt during a free hunting day if
accompanied by a licensed hunter who meets prescribed requirements
and if the unlicensed hunter, while engaged in hunting activities,
remains in close visual and verbal contact with the licensed hunter
at all times. Under the bill, the unlicensed hunter would be subject
to all of the limitations, restrictions, conditions, statutes, rules,
and regulations applicable to the holder of a valid hunting license
 and all of the unlicensed hunter's take would be
attributable to the licensed hunter's take limits. The bill would
authorize the department to require an unlicensed hunter to
demonstrate the safe operation of the firearm he or she intends to
use prior to being authorized to participate in a free hunting day,
to prohibit unlicensed hunters from taking certain species, and to
adopt, by regulation, additional requirements or restrictions to
implement the bill   , except as specified, and would be
required to complete a prescribed online hunter's safety course
 .
   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.  The Legislature finds and declares the following:
   (a) Hunters and fishermen, as the stewards of California wildlife,
have a long tradition of supporting California's natural resources
and wildlife through their efforts to enhance habitat and protect
species.
   (b) Hunters and fishermen fund the Department of Fish and Game
through their purchase of hunting and fishing licenses.
   (c) Two free fishing days exist under California law, and it is
the intent of the Legislature that two free hunting days be
established to permit California residents to engage in hunting under
certain conditions.
  SEC. 2.  Section 3040 is added to the Fish and Game Code, to read:
   3040.  (a) Notwithstanding Section 3031, the director  may
  shall  designate two days per year as "Free
Hunting Days." One free hunting day  may   shall
 be established during the fall hunting season, and the other
free hunting day  may   shall  be
established during the winter hunting season. The department shall
publish the exact dates of the free hunting days in annual
publications of the department regarding current hunting regulations.

   (b) During a free hunting day, a California resident who has never
previously held a valid hunting license issued by the State of
California may hunt if accompanied by a hunter who holds a valid
hunting license issued by the State of California, has held a valid
hunting license for at least the last three consecutive years, and is
at least 18 years of age. While engaged in hunting activities, the
unlicensed hunter shall remain in close visual and verbal contact
with the licensed hunter at all times so that the licensed hunter is
able to provide adequate direction and immediately assume control of
a firearm from the unlicensed hunter at any time.
   (c) The department may require an unlicensed hunter, prior to
being authorized to participate in a free hunting day, to demonstrate
the safe operation of the firearm he or she intends to use. The
authorized individuals who may evaluate whether the unlicensed hunter
properly demonstrated the safe operation of a firearm are federally
licensed firearms dealers with a State Certificate of Eligibility, an
employee of such a federally licensed dealer, a Hunter Education
Instructor certified by the department, or a licensed hunter who has
held a valid hunting license for at least the last three consecutive
years. The department may accept a signed affidavit from any of the
authorized individuals as proof that the unlicensed hunter has
complied with this subdivision.
   (d) On free hunting days, the department may prohibit unlicensed
hunters hunting pursuant to this section from taking the following:
   (1) Any species that requires a draw or lottery to obtain a tag.
   (2) Any species that is subject to a federal stamp or reporting
requirement, unless federal law provides an applicable exemption.
   (e) An unlicensed hunter hunting pursuant to this section is
subject to all of the limitations, restrictions, conditions,
statutes, rules, and regulations applicable to the holder of a valid
hunting license  , except the requirement to possess a valid
hunting license  . 
   (f) All of the unlicensed hunter's take shall be attributable to
the supervising licensed hunter's take limits.  
   (g) The department may adopt regulations to implement this section
that include additional minimum requirements and restrictions for a
licensed hunter or unlicensed hunter participating in a free hunting
day pursuant to this section.  
   (f) An unlicensed hunter shall complete an online hunter's safety
course that is approved and referenced by the department's Internet
Web site.