BILL ANALYSIS SB 1179 Page 1 SENATE THIRD READING SB 1179 (Hollingsworth) As Amended August 2, 2010 Majority vote SENATE VOTE :28-6 WATER, PARKS & WILDLIFE 12-0APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Huffman, Fuller, |Ayes:|Fuentes, Conway, | | |Anderson, Arambula, Tom | |Bradford, | | |Berryhill, Blumenfield, | |Huffman, Coto, Davis, De | | |Caballero, De La Torre, | |Leon, Gatto, Hall, | | |Fletcher, Gatto, Bonnie | |Harkey, Miller, Nielsen, | | |Lowenthal, Salas | |Norby, Skinner, Solorio, | | | | |Torlakson, Torrico | | | | | | ----------------------------------------------------------------- SUMMARY : Authorizes the Department of Fish and Game (DFG) to designate two free hunt days per year. Specifically, this bill : 1)Authorizes the Director of DFG to designate two free hunting days per year, one during the Fall hunt season and one during the winter season. Requires DFG to publish the dates of the free hunt days. 2)Authorizes a California resident to hunt during a free hunt day if accompanied by a licensed hunter who meets certain specified requirements, and requires that the unlicensed hunter stay in close visual and verbal contact with the licensed hunter at all times. Requires that the licensed supervising hunter be at least 21 years old, licensed to hunt for at least the last three consecutive years, and accompany only one unlicensed hunter in the field at a time. 3)Provides that an unlicensed hunter may only participate in the free hunting days for one license year, and requires that the unlicensed hunter complete a hunter education course approved by DFG and register with DFG prior to participating in a free hunting day. 4)Requires that an unlicensed hunter participating in a free hunting day must have in his or her possession a certificate SB 1179 Page 2 of completion of a hunter education course, and any required tags, report cards, federal entitlements, and required entry permits. 5)Provides that the unlicensed hunter shall be subject to all of the limitations, restrictions, conditions, statutes, rules and regulations applicable to licensed hunters, except the requirement to possess a valid hunting license. 6)Prohibits an unlicensed hunter participating in a free hunting day from taking any species that requires a draw or lottery to obtain a tag. 7)Authorizes DFG to adopt additional minimum requirements and restrictions for participating in a free hunting day. 8)Prohibits this bill from being implemented until DFG's Automated License Data System (ALDS) is fully operational for at least one year. 9)Makes legislative findings and declarations regarding the contributions of hunters and fishermen and the fact that the state allows for two free fishing days, and states legislative intent to similarly allow for two free hunting days. EXISTING LAW requires: 1)Possession of a hunting license to take birds or mammals in California. Provides for issuance of hunting licenses to residents and nonresidents upon payment of specified fees. 2)Completion of a hunting education course as a condition of obtaining a hunting license. Hunter education courses are a minimum of 10 hours and cover firearm safety and handling, sportsmanship and ethics, wildlife management and conservation, archery, black powder, wildlife identification, game care, first aid, and survival. 3)Possession of a fishing license to take fish. Authorizes DFG to designate 2 free fishing days per year. FISCAL EFFECT : 1)Potential annual costs to DFG of an unknown amount, but likely SB 1179 Page 3 around $125,000, to deploy additional enforcement staff on free hunting days, many of who will receive overtime pay (Fish and Game Preservation Fund (FGPF)). 2)Minor costs to DFG to administer the program and, if it chooses, to adopt additional minimum requirements for Free Hunting Days. 3)Potential annual loss in revenue to DFG of an unknown but likely minor amount to the extent residents participate in Free Hunting Days instead of purchasing hunting licenses (FGPF). COMMENTS : This bill authorizes DFG to designate two free hunting days per year, during which California residents who meet certain conditions would be allowed to hunt for free without obtaining a hunting license. Unlicensed hunters would be required to be accompanied by a licensed hunter who is at least 21 years of age, would be required to complete a hunting education course approved by DFG and would be required to register with DFG prior to participating in a free hunt day. The requirement in this bill for participants to first complete a hunter education course is consistent with prior policies established by the Legislature, which enacted hunting education requirements in order to ensure the health and safety of hunters and to reflect the Legislature's intent that hunters be aware of their responsibilities to others, towards wildlife, and toward the natural environment. Hunter education courses cover not only safe operation of firearms, but also include education on wildlife management and conservation, sportsmanship and ethics, and other related topics. The hunter education course requirement also serves as a quasi-age limit for hunters, since very young children are not generally capable of completing the course. The course includes both an online and an in-person component. According to DFG's Web site, hunting accidents of all types have declined substantially with the hunter education course requirement. Under the terms of this bill, implementation of the free hunt days is required to be delayed until DFG's ALDS system is fully operational. Currently, DFG has no way of tracking whether someone has previously participated in a free hunt day or whether a proposed supervising hunter has been continually SB 1179 Page 4 licensed for the prior three years and meets the eligibility criteria to be a supervisor. Supporters assert that this bill provides parity with fishing since DFG is already authorized to designate two free fishing days per year. They also contend that by allowing persons who have never hunted before to try it out before purchasing a license, this bill could introduce new hunters to the sport who may then elect to purchase licenses in the future. The author also cites statistics from the National Shooting Sports Foundation indicating that accidental firearms fatalities are at an all time low, the injury rate of hunting compared to other types of recreation, and the impact of the firearms industry on California's economy. Amendments adopted in the Assembly policy committee addressed opposition concerns. Analysis Prepared by : Diane Colborn / W., P. & W. / (916) 319-2096 FN: 0005993