BILL NUMBER: SB 1148	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Pavley

                        FEBRUARY 21, 2012

   An act to amend Section 713, 714, 3031, 6596, 6596.1, 7149, and
7149.05 of the Fish and Game Code, and to amend Section 65042 of the
Government Code, relating to fish and wildlife resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1148, as introduced, Pavley. Fish and Game Commission.
   (1) Under existing law, the changes in the Implicit Price Deflator
for State and Local Government Purchases of Goods and Services is
used as the index to determine an annual rate of increase or decrease
in the fees for hunting and fishing licenses, stamps, permits, and
tags. Under existing law, the department issues lifetime sportsman's
licenses, hunting licenses, sport fishing ocean enhancement stamps,
commercial fishing ocean enhancement stamps, commercial fishing ocean
enhancement validations, sport fishing ocean enhancement
validations, and sport fishing licenses, and existing law establishes
base fees for those entitlements, adjusted annually pursuant to the
index.
    This bill would require the Fish and Game Commission to establish
base fees for lifetime sportsman's licenses, hunting licenses, sport
fishing ocean enhancement stamps and validations, commercial fishing
ocean enhancement stamps and validations, and sport fishing licenses
for the 2013 license year, and would require those fees to be
adjusted annually thereafter according to the index. The bill would
require the commission to issue lifetime sportsman's licenses.
   (2) Existing law relating to the Office of Planning and Research
requires every officer, agency, department, or instrumentality of
state government to cooperate in the preparation and maintenance of
the State Environmental Goals and Policy Report and to ensure that
their entity's functional plan is consistent with specified state
planning priorities and annually demonstrate, when requesting
infrastructure as specified, how the plans are consistent with those
priorities. Existing law requires those entities to comply with any
request for advice, assistance, information, or other material.
   This bill would specify that the subject entities include certain
trustee agencies.
   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) In 2010, the Legislature passed and the Governor signed
Assembly Bill 2376, which established a process to develop a
strategic vision for the Department of Fish and Game and the Fish and
Game Commission.
   (b) Pursuant to Assembly Bill 2376, the Natural Resources Agency
appointed an executive committee, a blue ribbon commission, and a
broad-based stakeholder group, and established a public process that
is focused on improving and enhancing the capacity of both the
department and the commission to protect and manage California's fish
and wildlife.
   (c) All groups and individuals with an interest in improving the
work of the department and the commission have been invited to
participate in the stakeholder group process. Numerous public
meetings have been held and extensive information on the process and
the comments received to date are available on the Internet Web site
of the Department of Fish and Game.
   (d) Assembly Member Huffman and Senator Pavley, as the policy
chairs in their respective houses of committees with subject matter
jurisdiction, will cooperate with proposed legislation that will
address many of the draft recommendations of the California Fish and
Wildlife Strategic Vision and other reforms necessary to satisfy the
mandate of Assembly Bill 2376. Some of the content of the proposed
legislation reflects suggestions contained in the draft interim
strategic vision report released by the department and the commission
on November 22, 2011. Each bill may be amended from time to time to
reflect additional recommendations.
   (e) It is the intent of the Legislature to focus more of the work
of the commission on the implementation of the state's hunting and
fishing and other wildlife-related regulations and the professional
administration of those laws. Several fees related to hunting and
fishing should therefore be reassigned from the department to the
commission. It is also the intent of the Legislature to enhance the
ability of the department to focus on the management and
administration of its lands, its enforcement responsibilities, the
conservation programs entrusted to it, and enhancing the scientific
basis of conservation decisions made in California.
  SEC. 2.  Section 713 of the Fish and Game Code is amended to read:
   713.  (a) The changes in the Implicit Price Deflator for State and
Local Government Purchases of Goods and Services, as published by
the United States Department of Commerce, shall be used as the index
to determine an annual rate of increase or decrease in the fees for
licenses, stamps, permits, tags, or other entitlements issued by the
department.
   (b)  (1)    The department shall determine the
change in the Implicit Price Deflator for State and Local Government
Purchases of Goods and Services, as published by the United States
Department of Commerce, for the quarter ending March 31 of the
current year compared to the quarter ending March 31 of the previous
year. The relative amount of the change shall be multiplied by the
current fee for each license, stamp, permit, tag, or other
entitlement issued by the department.  The 
    (2)     The  product shall be rounded
to the nearest twenty-five cents ($0.25), and the resulting amount
shall be added to the fee for the current year. The resulting amount
shall be the fee for the license year beginning on or after January 1
of the next succeeding calendar year for the license, stamp, permit,
tag, or other entitlement that is adjusted under this section.
   (c) Notwithstanding any other provision of law, the department may
recalculate the current fees charged for each license, stamp,
permit, tag, or other entitlement issued by the department, to
determine that all appropriate indexing has been included in the
current fees. This section shall apply to all licenses, stamps,
permits, tags, or other entitlements, that have not been increased
each year since the base year of the 1985-86 fiscal year. 
   (d) The commission, with respect to any license, stamp, permit,
tag, or other entitlement issued by the commission shall comply with
subdivisions (a) to (c), inclusive.  
   (d) 
    (e)  The calculations provided for in this section shall
be reported to the Legislature with the Governor's Budget Bill.

   (e) 
    (f)  The Legislature finds that all revenues generated
by fees for licenses, stamps, permits, tags, and other entitlements,
computed under this section and used for the purposes for which they
were imposed, are not subject to Article XIII B of the California
Constitution. 
   (f) 
    (g)  The department  and the commission  shall,
at least every five years, analyze all fees for licenses, stamps,
permits, tags, and other entitlements issued by it to ensure the
appropriate fee amount is charged. Where appropriate, the department
shall recommend to the Legislature or the commission that fees
established by the commission or the Legislature be adjusted to
ensure that those fees are appropriate.
  SEC. 3.  Section 714 of the Fish and Game Code is amended to read:
   714.  (a)  In addition to Section 3031, 3031.2, 7149,
7149.05, or 7149.2 and notwithstanding Section 3037, the department
  The commission    shall issue lifetime
sportsman's licenses pursuant to this section. A lifetime sportsman's
license authorizes the taking of birds, mammals, fish, reptiles, or
amphibia anywhere in this state in accordance with law for purposes
other than profit for the life of the person to whom issued unless
revoked for a violation of this code or regulations adopted pursuant
to this code. A lifetime sportsman's license is not transferable. A
lifetime sportsman's license does not include any special tags,
stamps, or other entitlements.
   (b) A lifetime sportsman's license may be issued to residents, as
follows:
   (1) To a person 62 years of age or over upon payment of a base fee
 of seven hundred thirty dollars ($730)   as
determined pursuant to subdivision (g)  .
   (2) To a person 40 years of age or over and less than 62 years of
age upon payment of a base fee  of one thousand eighty
dollars ($1,080)   as determined pursuant to subdivision
(g)  .
   (3) To a person 10 years of age or over and less than 40 years of
age upon payment of a base fee  of one thousand two hundred
dollars ($1,200)   as determined pursuant to subdivision
(g)  .
   (4) To a person less than 10 years of age upon payment of a base
fee  of seven hundred thirty dollars ($730)   as
determined pursuant to subdivision (g)  .
   (c) This section does not require a person less than 16 years of
age to obtain a license to take fish, reptiles, or  amphibia
  amphibians  for purposes other than profit or to
obtain a license to take birds or mammals, except as required by law.

   (d) This section does not exempt an applicant for a license from
meeting other qualifications or requirements otherwise established by
law for the privilege of sport hunting or sport fishing.
   (e) Upon payment of a base fee  of four hundred forty-five
dollars ($445)   as determined pursuant to subdivision
(g)  , a person holding a lifetime hunting license or lifetime
sportsman's license shall be issued annually one deer tag application
pursuant to subdivision (a) of Section 4332 and five wild pig tags
issued pursuant to Section 4654. Lifetime privileges issued pursuant
to this subdivision are not transferable.
   (f) Upon payment of a base fee  of two hundred ten dollars
($210)   as determined pursuant to subdivision (g)
 , a person holding a lifetime hunting license or lifetime
sportsman's license shall be entitled annually to the privileges
afforded to a person holding a state duck stamp or validation issued
pursuant to Section 3700 or 3700.1 and an upland game bird stamp or
validation issued pursuant to Section 3682 or 3682.1. Lifetime
privileges issued pursuant to this subdivision are not transferable.
   (g)  The commission shall establish base fees for  
lifetime sportsman's licenses described in this section in an amount
sufficient to recover all reasonable administrative and
implementation costs of the department and commission relating to
those licenses.  The base fees specified in this section are
applicable commencing January 1,  2004   2013
 , and shall be adjusted annually thereafter pursuant to Section
713.
  SEC. 4.  Section 3031 of the Fish and Game Code is amended to read:

   3031.  (a) A hunting license, granting the privilege to take birds
and mammals, shall be issued to any of the following:
   (1) A resident of this state, 16 years of age or older, upon the
payment of a base fee  of thirty-one dollars and twenty-five
cents ($31.25)   as determined pursuant to subdivision
(b)  .
   (2) A resident or nonresident, who is under 16 years of age on
July 1 of the licensing year, upon the payment of a base fee 
of eight dollars and twenty-five cents ($8.25)   as
determined pursuant to subdivision (b)  , regardless of whether
that person applies before or after July 1 of that year.
   (3) A nonresident, 16 years of age or older, upon the payment of a
base fee  of one hundred eight dollars and fifty cents
($108.50)   as determined pursuant to subdivision (b)
 .
   (4) A nonresident, 16 years of age or older, valid only for two
consecutive days upon payment of the fee set forth in paragraph (1).
A license issued pursuant to this paragraph is valid only for taking
resident and migratory game birds, resident small game mammals,
fur-bearing mammals, and nongame mammals, as defined in this code or
in regulations adopted by the commission.
   (5) A nonresident, valid for one day and only for the taking of
domesticated game birds and pheasants while on the premises of a
licensed game bird club, or for the taking of domesticated migratory
game birds in areas licensed for shooting those birds, upon the
payment of a base fee  of fifteen dollars ($15) 
 as determined pursuant to subdivision (b)  .
   (b)  The commission shall establish base fees for hunting
licenses described in subdivision (a) in an amount sufficient to
recover all reasonable administrative and implementation costs of the
department and commission relating to t   hose licenses.
 The base fees specified in this section are applicable to the
 2004   2013  license year, and shall be
adjusted annually thereafter pursuant to Section 713.
  SEC. 5.  Section 6596 of the Fish and Game Code is amended to read:

   6596.  (a) In addition to a valid California sport fishing license
and any other applicable license stamp issued pursuant to this code,
a person taking fish from ocean waters south of a line extending due
west from Point Arguello for purposes other than for profit shall
have a valid sport fishing ocean enhancement stamp permanently
affixed to his or her fishing license. A sport fishing ocean
enhancement stamp shall be issued upon payment of a base fee 
of three dollars and fifty cents ($3.50)   established
by the commission in an amount sufficient to recover all reasonable
administrative and implementation costs of the department and 
 commission relating to the stamp  . A sport fishing license
issued pursuant to paragraph (4) or (5) of subdivision (a) of
Section 7149 is not subject to this subdivision.
   (b) In addition to a valid California commercial passenger fishing
boat license issued pursuant to Section 7920, the owner of any boat
or vessel who, for profit, permits any person to fish therefrom,
south of a line extending due west from Point Arguello, shall have a
valid commercial fishing ocean enhancement stamp issued for that
vessel that has not been suspended or revoked.
   (c) Any person who takes, possesses aboard a boat, or lands any
white sea bass for commercial purposes, south of a line extending due
west from Point Arguello, shall have a valid commercial fishing
ocean enhancement stamp issued to that person that has not been
suspended or revoked. 
   (d) The base fee for a commercial fishing ocean enhancement stamp
is thirty-five dollars ($35).  
   (d) The commission shall establish a base fee for a commercial
fishing ocean enhancement stamp in an amount sufficient to recover
all reasonable administrative and implementation costs of the
department and commission relating to the stamp. 
   (e) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
   (f) The base fees specified in this section are applicable to the
 2004   2013  license year, and shall be
adjusted annually thereafter pursuant to Section 713.
  SEC. 6.  Section 6596.1 of the Fish and Game Code is amended to
read:
   6596.1.  (a) In addition to a valid California sport fishing
license and any other applicable license validation issued pursuant
to this code, a person taking fish from ocean waters south of a line
extending due west from Point Arguello for purposes other than for
profit shall have a valid sport fishing ocean enhancement validation
permanently affixed to his or her fishing license. A sport fishing
ocean enhancement validation shall be issued upon payment of a base
fee  of three dollars and fifty cents ($3.50)  
established by the commission in an amount sufficient to recover all
reasonable administrative and implementation costs of the  
department and commission relating to the validation  . A sport
fishing license issued pursuant to paragraph (4) or (5) of
subdivision (a) of Section 7149.05 is not subject to this
subdivision.
   (b) In addition to a valid California commercial passenger fishing
boat license issued pursuant to Section 7920, the owner of any boat
or vessel who, for profit, permits any person to fish therefrom,
south of a line extending due west from Point Arguello, shall have a
valid commercial fishing ocean enhancement validation issued for that
vessel that has not been suspended or revoked.
   (c) Any person who takes, possesses aboard a boat, or lands any
white sea bass for commercial purposes south of a line extending due
west from Point Arguello, shall have a valid commercial fishing ocean
enhancement validation issued to that person that has not been
suspended or revoked. 
   (d) The base fee for a commercial ocean fishing enhancement
validation is thirty-five dollars ($35).  
   (d) The commission shall establish a base fee for a commercial
fishing ocean enhancement validation in an amount sufficient to
recover all reasonable administrative and implementation costs of the
department and commission relating to the validation. 
   (e) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
   (f) The base fees specified in this section are applicable to the
 2004   2013  license year, and shall be
adjusted annually thereafter pursuant to Section 713.
  SEC. 7.  Section 7149 of the Fish and Game Code is amended to read:

   7149.  (a) A sport fishing license granting the privilege to take
any fish, reptile, or amphibia anywhere in this state for purposes
other than profit shall be issued to any of the following:
   (1) A resident 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee  of thirty-one
dollars and twenty-five cents ($31.25)   as determined
pursuant to subdivision (d)  .
   (2) A nonresident, 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee  of
eighty-four dollars ($84)   as determined pursuant to
subdivision (d)  .
   (3) A nonresident, 16 years of age or older, for the period of 10
consecutive days beginning on the date specified on the license upon
payment of the fee set forth in paragraph (1).
   (4) A resident or nonresident, 16 years of age or older, for two
consecutive designated calendar days, upon payment of half of the fee
set forth in paragraph (1). Notwithstanding Section 1053, more than
one two-day license issued for different two-day periods may be
issued to, or possessed by, a person at one time.
   (5) A resident or nonresident, 16 years of age or older, for one
designated day, upon payment of a base fee  of ten dollars
($10)   as determined pursuant to subdivision (d) 
.
   (b) California sport fishing license stamps shall be issued by
authorized license agents in the same manner as sport fishing
licenses, and no compensation may be paid to the authorized license
agent for issuing the stamps except as provided in Section 1055.
   (c) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
   (d)  The commission shall establish base fees for sport
fishing licenses described in subdivision (a) in an amount sufficient
to recover all reasonable administrative and implementation costs of
the department and commission relating to those licenses.  The
base fees specified in this section are applicable to the 
2004   2013  license year, and shall be adjusted
annually thereafter pursuant to Section 713.
  SEC. 8.  Section 7149.05 of the Fish and Game Code is amended to
read:
   7149.05.  (a) A sport fishing license granting the privilege to
take any fish, reptile, or amphibia anywhere in this state for
purposes other than profit shall be issued to any of the following:
   (1) A resident, 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee  of thirty-one
dollars and twenty-five cents ($31.25)   as determined
pursuant to subdivision (d)  .
   (2) A nonresident, 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee  of
eighty-four dollars ($84)   as determined pursuant to
subdivision (d)  .
   (3) A nonresident, 16 years of age or older for the period of 10
consecutive days beginning on the date specified on the license upon
payment of the fee set forth in paragraph (1).
   (4) A resident or nonresident, 16 years of age or older, for two
designated days, upon payment of half the fee set forth in paragraph
(1). Notwithstanding Section 1053, more than one single day license
issued for different days may be issued to, or possessed by, a person
at one time.
   (5) A resident or nonresident, 16 years of age or older, for one
designated day upon payment of a base fee  of ten dollars
($10)   as determined pursuant to subdivision (d) 
.
   (b) California sport fishing license validations shall be issued
by authorized license agents in the same manner as sport fishing
licenses, and no compensation shall be paid to the authorized license
agent for issuing the validations except as provided in Section
1055.1.
   (c) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
   (d)  The commission shall establish base fees for sport
fishing licenses described in subdivision (a) in an amount sufficient
to recover all reasonable administrative and implementation costs of
the department and commission relating to those   licenses.
 The base fees specified in this section are applicable to the
 2004   2013  license year, and shall be
adjusted annually thereafter pursuant to Section 713.
  SEC. 9.  Section 65042 of the Government Code is amended to read:
   65042.  Every officer, agency, department, or instrumentality of
state government  , including, but not limited to, all trustee
agencies as defined in Section 21070 of the Public Resources Code,
 shall do all of the following:
   (a) Cooperate in the preparation and maintenance of the State
Environmental Goals and Policy Report.
   (b) By January 1, 2005, ensure that their entity's functional plan
is consistent with the state planning priorities specified pursuant
to Section 65041.1 and annually demonstrate to the office, and to the
Department of Finance when requesting infrastructure pursuant to
subdivision (a) of Section 13102, how the plans are consistent with
those priorities.
   (c) Comply with any request for advice, assistance, information or
other material.