SB 583 Senate Bill - INTRODUCED

BILL NUMBER: SB 583	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Berryhill

                        FEBRUARY 22, 2013

   An act to amend Sections 7149 and 7149.05 of the Fish and Game
Code, relating to sport fishing.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 583, as introduced, Berryhill. Sport fishing: licenses.
   Existing law requires every person 16 years of age or older who
takes any fish, reptile, or amphibian for any purpose other than
profit to first obtain a license for that purpose, with specified
exceptions, and to have that license on his or her person or in his
or her immediate possession when engaged in carrying out any activity
authorized by the license. Existing law requires a resident or a
nonresident, 16 years of age or older, upon payment of a specified
fee, to be issued a sport fishing license for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof. Existing law requires the Fish and Game
Commission to adjust the amount of the sport fishing license fees, as
prescribed, to fully recover, but not exceed, all reasonable
administrative and implementation costs of the Department of Fish and
Wildlife and the commission relating to those licenses.
   This bill would instead require a resident or a nonresident, 16
years of age or older, upon payment of a fee, to be issued a sport
fishing license for the period of 12 consecutive months beginning on
the date specified on the license. This bill would require the
department to determine the base fee for this license and would
prohibit the total fee for the license from exceeding the reasonable
regulatory costs incurred incident to the issuance of, and the
administration and enforcement duties relating to, the license.
   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.  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   12
consecutive months  beginning  of   on
 the  year, for   date specified on 
the  remainder thereof,   license,  upon
payment of a base fee  of thirty-one dollars and twenty-five
cents ($31.25)   determined by the department 
. The total fee for the license shall not exceed the reasonable
regulatory costs incurred incident to the issuance of, and the
administration and enforce   ment duties relating to, the
license  .
   (2) A nonresident, 16 years of age or older, for the period of
 a calendar year, or, if issued after the   12
consecutive months  beginning  of   on
 the  year, for   date specified on 
the  remainder thereof,   license,  upon
payment of a base fee  of eighty-four dollars ($84) 
 determined by the department. The total fee for the license
shall not exceed the reasonable regulatory costs incurred incident to
the issuance of, and the administration and enforcement duties
relating to, the license  .
   (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 one-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).
   (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 base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713.
   (e) The commission shall adjust the amount of the fees specified
in subdivision (d), as necessary, to fully recover, but not exceed,
all reasonable administrative and implementation costs of the
department and the commission relating to those licenses.
  SEC. 2.  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   12
consecutive months  beginning  of   on
 the  year, for   date specified on 
the  remainder thereof,   license  upon
payment of a base fee  of thirty-one dollars and twenty-five
cents ($31.25)   determined by the department  
. The total fee for the license shall not exceed the reasonable
regulatory costs incurred incident to the issuance of, and the
administration and enforcement duties relating to, the license .

   (2) A nonresident, 16 years of age or older, for the period of
 a calendar year, or, if issued after the   12
consecutive months  beginning  of   on
 the  year, for   date specified on 
the  remainder thereof,   license  upon
payment of a base fee  of eighty-four dollars ($84) 
 determined by the department   .   The total
fee for the license shall not exceed the reasonable regulatory costs
incurred incident to the issuance of, and the administration and
enforcement duties relating to, the license  .
   (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 one-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).
   (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 base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713.
   (e) The commission shall adjust the amount of the fees specified
in subdivision (d), as necessary, to fully recover, but not exceed,
all reasonable administrative and implementation costs of the
department and the commission relating to those licenses.