BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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                              UNFINISHED BUSINESS


          Bill No:  SB 1287
          Author:   Harman (R), et al.
          Amended:  6/15/12 
          Vote:     21

           
           SENATE NATURAL RESOURCES & WATER COMM. :  9-0, 4/24/12
          AYES:  Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe, 
            Padilla, Simitian, Wolk

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SENATE FLOOR  :  33-0, 5/25/12 (Consent)  
          AYES:  Alquist, Anderson, Berryhill, Blakeslee, Cannella, 
            Corbett, Correa, De León, DeSaulnier, Dutton, Emmerson, 
            Evans, Fuller, Gaines, Harman, Hernandez, Huff, La Malfa, 
            Leno, Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, 
            Pavley, Price, Rubio, Steinberg, Vargas, Walters, Wolk, 
            Wright, Yee
          NO VOTE RECORDED:  Calderon, Hancock, Kehoe, Runner, 
            Simitian, Strickland, Wyland

           ASSEMBLY FLOOR  :  79-0, 8/16/12 (Consent) - See last page 
            for vote


           SUBJECT  :    Sport fishing licenses

           SOURCE  :     Author


           DIGEST  :    This bill adds to the list of persons eligible 
          to receive a reduced-fee annual fishing license a 
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          recovering service member who provides to the Department of 
          Fish and Game (DFG) a letter from his or her commanding 
          officer or a military medical doctor stating the person's 
          status as a recovering service member. 

           Assembly Amendments  alter the period of license issuance 
          for full price annual fishing licenses from a calendar year 
          to a period of 12 consecutive months, and add co-authors.

           ANALYSIS :    

          Existing law:

          1.Requires DFG to issue a sport fishing license, upon 
            payment of a fee, to eligible California residents and 
            nonresidents, as specified.  

          2.Requires DFG to issue a reduced fee sport fishing 
            license, as specified, to a disabled veteran, as defined 
            that is valid for the calendar year of issue, or, if 
            issued after the beginning of the year, for the remainder 
            of the year.

          3.Establishes the lengths of time a sport fishing license 
            is valid, including for a period of one calendar year, 
            for anyone over 16 years of age, as provided.

          This bill requires DFG to issue a reduced fee sport fishing 
          license to active military personnel who are recovering 
          service members, as defined, and who demonstrate 
          eligibility, as prescribed.

          This bill provides that a reduced fee sport fishing license 
          is valid for one year as specified by existing law, and 
          adds coauthors.

           Background  

          In general, a sport fishing license is required to take 
          fish, mollusks, crustaceans, invertebrates, amphibians or 
          reptiles in inland or ocean waters.  Additional validations 
          and report cards are required for certain species and 
          areas.  Sport fishing licenses are acquired through DFG.


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          Existing law requires DFG to provide reduced fee sport 
          fishing licenses to disabled veterans and persons over 65 
          years of age whose total monthly income does not exceed the 
          amount listed in Welfare and Institutions Code Section 
          12200.

          Active military personnel who are recovering service 
          members are defined as a member of the Armed Forces, 
          including a member of the National Guard or a Reserve, who 
          is undergoing medical treatment, recuperation, or therapy 
          and is in an outpatient status while recovering from a 
          serious injury or illness related to the member's military 
          service (Section 1602 of the National Defense Authorization 
          Act for Fiscal Year 2008).

          Wounded Warrior programs are efforts by the U.S. Armed 
          Services to care for recovering service members during 
          their transition back to civilian life.  This system of 
          support and advocacy guides soldiers from evacuation 
          through treatment and rehabilitation until they return to 
          duty or leave the military.  Research on individuals with 
          physical disabilities shows participation in recreational 
          activities develops an enhanced sense of control in their 
          physical and social lives (Blinde and McClung 1997, 
          Enhancing the Physical and Social Self Through Recreational 
          Activity: Accounts of Individuals With Physical 
          Disabilities).  In the U.S. Marines Wounded Warrior 
          Regiment Strategic Plan for 2011-2012, under Goal 1, 
          objective 1.2, they list "Empower wounded, ill and injured 
          (WI&I) Marines and families by providing a variety of 
          leisure/recreation activities and sporting opportunities to 
          aid in their recovery process and to promote a healthy and 
          productive lifestyle."

          Several states currently offer reduced cost (Florida, 
          Michigan, Nevada, New Mexico, Virginia, Wisconsin) or free 
          fishing licenses (Colorado, Illinois, Texas, Vermont) for 
          active duty military personnel. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  8/16/12)


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          American Legion-Department of California
          AMVETS-Department of California
          California Association of County Veterans Service Officers 
          California State Commanders Veterans Council 
          California Waterfowl Association
          Military Order of the Purple Heart of the USA, Inc., 
          Department of California
          Newport Beach Sunrise Rotary
          Vietnam Veterans of America-California State Council

           OPPOSITION  :    (Verified  8/17/12)

          Department of Finance

           ARGUMENTS IN SUPPORT  :    The author's office states that a 
          significant part of the healing process for seriously 
          injured service members is enabling and encouraging them to 
          experience some of the recreational activities they enjoyed 
          prior to their injury or illness.  This bill allows service 
          members to enjoy California's natural resources as part of 
          their rehabilitative care at a discounted price.  Disabled 
          veterans are currently eligible for reduced fee fishing 
          licenses, however those in active service and are 
          participating in therapy for their injuries are currently 
          not covered by the present law.  This bill remedies that 
          disparity and allows DFG to recognize both disabled 
          veterans and wounded warriors equitably.

           ARGUMENTS IN OPPOSITION  :    The Department of Finance 
          (Finance) is opposed to this bill.  While the intent of the 
          bill is meritorious, this bill will result in a reduction 
          in revenue to the Fish and Game Preservation Fund (FGPF) 
          and the Hatchery and Inland Fisheries Fund (HIFF), both of 
          which are structurally imbalanced.

          Currently, the HIFF has a structural imbalance of 
          approximately $4.3 million and the FGPF has a structural 
          imbalance of approximately $17.7 million.

           
          ASSEMBLY FLOOR  : 79-0, 08/16/12
          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 

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            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, 
            Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 
            Knight, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, 
            Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, 
            Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, 
            Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, 
            Wagner, Wieckowski, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED: Lara


          CTW:RM:m  8/17/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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