BILL NUMBER: SB 1179	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 19, 2010
	PASSED THE ASSEMBLY  AUGUST 17, 2010
	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, 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 the director to establish 2 free hunting
days per year. The bill would authorize a California resident 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 meet specified additional 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.


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
designate two days per year as "Free Hunting Days." One free hunting
day may be established during the fall hunting season, and the other
free hunting day 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 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, is at least 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) 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) 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.