BILL NUMBER: SB 583 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2013
INTRODUCED BY Senator Berryhill
( Coauthors: Assembly Members
Hagman and Mansoor )
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 amended, 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
specified fee, to be issued a sport fishing license for the
period of 12 consecutive months beginning on the date specified on
the license , as prescribed . 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
12 consecutive months a calendar year, or, if
issued after the beginning on the date specified on
of the year, for the license
remainder thereof , upon payment of a base fee
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 of thirty-one dollars and
twenty-five cents ($31.25) .
(2) A resident, 16 years of age or older, for the period of 12
consecutive months beginning on the date specified on the license,
upon payment of a base fee of forty-seven dollars and fifty cents
($47.50).
(2)
(3) A nonresident, 16 years of age or older, for the
period of 12 consecutive months beginning on the date
specified on the license a calendar year, or, if
issued after the beginning of the year, for the remainder
thereof , upon payment of a base fee 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
of eighty-four dollars ($84) .
(4) A nonresident, 16 years of age or older, for the period of 12
consecutive months beginning on the date specified on the license,
upon payment of a base fee of one hundred nineteen dollars and
twenty-five cents ($119.25).
(3)
( 5) 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)
( 6) 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)
( 7) 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) (1) The base fees specified in this
section are applicable to the 2004 license year, and shall be
adjusted annually thereafter pursuant to Section 713.
(2) Notwithstanding paragraph (1), the base fees specified in
paragraphs (2) and (4) of subdivision (a) are applicable to the 2013
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
12 consecutive months beginning on the date specified on the
license a calendar year, or, if issued after the
beginning of the year, for the remainder thereof, upon payment
of a base fee 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 of
thirty-one dollars and twenty-five cents ($31.25) .
(2) A resident, 16 years of age or older, for the period of 12
consecutive months beginning on the date specified on the license,
upon payment of a base fee of forty-seven dollars and fifty cents
($47.50).
(2)
(3) A nonresident, 16 years of age or older, for the
period of 12 consecutive months beginning on the date
specified on the license a calendar year, or, if
issued after the beginning of th e year, for the remainder
thereof, upon payment of a base fee 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
of eighty-four dollars ($84) .
(4) A nonresident, 16 years of age or older, for the period of 12
consecutive months beginning on the date specified on the license,
upon payment of a base fee of one hundred nineteen dollars and
twenty-five cents ($119.25).
(3)
(5) 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)
(6) 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)
(7) 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) (1) The base fees specified in this
section are applicable to the 2004 license year, and shall be
adjusted annually thereafter pursuant to Section 713.
(2) Notwithstanding paragraph (1), the base fees specified in
paragraphs (2) and (4) of subdivision (a) are applicable to the 2013
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.