BILL NUMBER: SB 1179	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 2, 2010
	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  require   authorize 
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, except as specified, and would be
required to  complete a prescribed online hunter's safety
course.   meet specified requirements. The bill would
prohibit the above   provisions from being implemented until
the department's Automated License Data System is fully operational
for at least one year. 
   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 
shall   may  designate two days per year as "Free
Hunting Days." One free hunting day  shall   may
 be established during the fall hunting season, and the other
free hunting day  shall   may  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  
21  years of age  ,   and accompanies only one
unlicensed hunter in the field at a time  .  An unlicensed
hunter shall participate in the free hunting days for only one
license year and shall complete a hunter education course approved by
the department and register with the department, or an agent of the
department, prior to participating in a free hunting day.  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.
 
   (c) An unlicensed hunter who participates in a free hunting day
shall have in his or her possession all of the following:  
   (1) A certificate of completion of a course in hunter education as
required in paragraph (3) of subdivision (a) of Section 3050. 

   (2) Any required tags or report cards.  
   (3) Any required federal entitlements.  
   (4) Any required entry permits.  
   (d) Unlicensed hunters participating in free hunting days shall
not take any species that requires a draw or lottery to obtain a tag.

   (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) An unlicensed hunter shall complete an online hunter's safety
course that is approved and referenced by the department's Internet
Web site.  
   (f) The department may adopt additional minimum requirements and
restrictions for a licensed hunter or unlicensed hunter participating
in a free hunting day pursuant to this section.  
   (g) This section shall not be implemented until the department's
Automated License Data System is fully operational for at least one
year.