Senate BillNo. 805


Introduced by Committee on Natural Resources and Water (Senators Pavley (Chair), Allen, Fuller, Hertzberg, Hueso, Jackson, Monning, Stone, and Wolk)

April 9, 2015


An act to amend Sections 205.1, 714, 1050.8, 1053.5, 1055.1, 1056, 1059, 1764, 3050, 7149.2, 7149.3, 7150, 7860, 12002.2.1, 12153, and 13005 of, and to repeal Sections 1053, 1055, 1055.4, 1055.5, 1060, 1070, 3682, 3700, 6596, 7149, 7149.4, 7181, 7182, 7183, 7184, and 7186 of, the Fish and Game Code, to amend Section 113 of the Government Code, to amend Sections 741, 8301, and 30315 of, and to repeal Section 30310.5 of, the Public Resources Code, relating to natural resources.

LEGISLATIVE COUNSEL’S DIGEST

SB 805, as introduced, Committee on Natural Resources and Water. Natural resources.

(1) Existing law authorizes the Fish and Game Commission to establish, by regulation, an automatic process to conform its sport fishing regulations to federal regulations.

This bill would clarify that specified laws relating to administrative regulations and rulemaking do not apply to the conforming action implemented pursuant to the automatic process described above.

An existing regulation defines the Automated License Data System as an automated system that replaces the Department of Fish and Wildlife’s paper license inventory system. Existing law generally prohibits a person from obtaining from the department more than one license, permit, reservation, or other entitlement of the same class, or more than the number of tags authorized by law, as provided, except under certain conditions. Existing law authorizes a person, as provided, to submit an application to the department, to be a license agent to issue licenses, permits, reservations, tags, and other entitlements. Existing law requires these authorized license agents to remit to the department the specified fees for these licenses, permits, reservations, tags, and other entitlements, as provided. Exiting law authorizes the department to accept from any authorized license agent an affidavit for settlement of its account in lieu of licenses, permits, reservations, tags, and other entitlements that have been lost or destroyed if the license agent meets specified criteria. Existing law provides that the above provisions and various other provisions apply only to those licenses, permits, reservations, tags, or other entitlements that are not issued through the Automated License Data System.

This bill would delete those provisions and would make conforming changes.

(2) Existing law provides that the sovereignty and jurisdiction of the state extends to all places within its boundaries, as established by the constitution. Existing law provides that the extent of the jurisdiction over places that have been or may be ceded to, purchased, or condemned by the United States is qualified by the terms of the cession or the laws under which the purchase or condemnation is made. Existing law provides that the state has accepted the retrocession of jurisdiction over certain lands, including the Presidio in the City and County of San Francisco.

Existing law provides that the Legislature consents to the retrocession of jurisdiction by the United States over land within the state, subject to certain conditions, including that the State Lands Commission holds a hearing to determine whether acceptance of the retrocession is in the best interest of the state.

This bill would provide that the Legislature, acting through the State Lands Commission, consents to the retrocession of jurisdiction by the United States over land within the state subject to additional conditions, including that a notice of the proposed retrocession has been given to the clerk for the board of supervisors of the county in which the federal lands are located, as provided, and that the United States has agreed to bear all costs and expenses incurred by the State Lands Commission in making the retrocession. The bill would also require the acceptance of the retrocession to be made at a publicly noticed meeting of the commission.

Existing law requires, among other things, the commission to make rules and regulations governing the conditions and procedures of the hearings on retrocession.

This bill would delete these requirements.

Existing law authorizes the Governor to convey certain state land to the United States for the site of a lighthouse, beacon, or other aid to navigation. Existing law provides that after the conveyance, the United States has jurisdiction over the tract, subject to the right of the state to have concurrent jurisdiction, as provided.

This bill would delete that provision.

(3) Existing law requires the State Board of Forestry and Fire Protection to appoint a Range Management Advisory Committee and requires 2 members on the board to be from the general public, as provided, and for one member to be nominated by the Watershed Fire Council of Southern California.

This bill would instead require 3 members to be from the general public, as provided, and would delete the nomination from the Watershed Fire Council of Southern California.

(4) Existing law requires the California Coastal Commission to meet at least once a month at a place convenient to the public.

This bill would require the commission to instead meet at least 10 times annually.

Existing law provides that no law precludes or prevents the appointment, as a public member, to the commission of any person who is not a locally elected official.

This bill would delete that provision.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 205.1 of the Fish and Game Code is
2amended to read:

3

205.1.  

(a) The commission may establish by regulation an
4automatic process to conform its sport fishing regulations to federal
5regulations.

begin insert

6(b) Chapter 3.5 (commencing with Section 11340) of Part 1 of
7Division 3 of Title 2 of the Government Code shall not apply to
8conforming actions implemented pursuant to the automatic process
9specified in subdivision (a).

end insert
begin delete

P4    1(b)

end delete

2begin insert(c)end insert The department shall provide public notice ofbegin delete anyend deletebegin insert aend insert
3 conforming action implemented pursuant to this section.

4

SEC. 2.  

Section 714 of the Fish and Game Code is amended
5to read:

6

714.  

(a) In addition to Section 3031, 3031.2,begin delete 7149,end delete 7149.05,
7or 7149.2 and notwithstanding Section 3037, the department shall
8issue lifetime sportsman’s licenses pursuant to this section. A
9lifetime sportsman’s license authorizes the taking of birds,
10mammals, fish, reptiles, or amphibia anywhere in this state in
11accordance with law for purposes other than profit for the life of
12the person to whom issued unless revoked for a violation of this
13code or regulations adopted pursuant to this code. A lifetime
14sportsman’s license is not transferable. A lifetime sportsman’s
15license does not include any special tags, stamps, or other
16entitlements.

17(b) A lifetime sportsman’s license may be issued to residents,
18as follows:

19(1) To a person 62 years of age or over upon payment of a base
20fee of seven hundred thirty dollars ($730).

21(2) To a person 40 years of age or over and less than 62 years
22of age upon payment of a base fee of one thousand eighty dollars
23($1,080).

24(3) To a person 10 years of age or over and less than 40 years
25of age upon payment of a base fee of one thousand two hundred
26dollars ($1,200).

27(4) To a person less than 10 years of age upon payment of a
28base fee of seven hundred thirty dollars ($730).

29(c) This section does not require a person less than 16 years of
30age to obtain a license to take fish, reptiles, or amphibia for
31purposes other than profit or to obtain a license to take birds or
32mammals, except as required by law.

33(d) This section does not exempt an applicant for a license from
34meeting other qualifications or requirements otherwise established
35by law for the privilege of sport hunting or sport fishing.

36(e) Upon payment of a base fee of four hundred forty-five dollars
37($445), a person holding a lifetime hunting license or lifetime
38sportsman’s license shall be issued annually one deer tag
39application pursuant to subdivision (a) of Section 4332 and five
P5    1wild pig tags issued pursuant to Section 4654. Lifetime privileges
2issued pursuant to this subdivision are not transferable.

3(f) Upon payment of a base fee of two hundred ten dollars
4($210), a person holding a lifetime hunting license or lifetime
5sportsman’s license shall be entitled annually to the privileges
6afforded to a person holding a state duck stamp or validation issued
7pursuant to Sectionbegin delete 3700 orend delete 3700.1 and an upland game bird stamp
8or validation issued pursuant to Sectionbegin delete 3682 orend delete 3682.1. Lifetime
9privileges issued pursuant to this subdivision are not transferable.

10(g) The base fees specified in this section are applicable
11commencing January 1, 2004, and shall be adjusted annually
12thereafter pursuant to Section 713.

13(h) The commission shall adjust the amount of the fees specified
14in subdivision (g), as necessary, to fully recover, but not exceed,
15all reasonable administrative implementation costs of the
16department and the commission relating to those licenses.

17

SEC. 3.  

Section 1050.8 of the Fish and Game Code is amended
18to read:

19

1050.8.  

(a) The department may issue collectible,
20commemorative licenses to any person for purposes of promoting
21and supporting licensed hunting, fishing, and resource conservation,
22subject to all of the following:

23(1) A commemorative license may be designed and produced
24as the department may determine and shall be clearly marked and
25identified as a commemorative license, rendering it invalid for the
26take of any mammal, bird, fish, reptile, or amphibian.

27(2) A commemorative license shall not confer any rights,
28privileges, or other entitlements to any person purchasing or in
29possession of such a license.

30(3) Subdivision (a) of Section 1052, Sectionbegin delete 1053,end deletebegin insert 1053.1,end insert
31 Article 2 (commencing with Section 3031) of Chapter 1 of Part 1
32 of Division 4, and Article 3 (commencing with Section 7145) of
33Chapter 1 of Part 2 of Division 6 do not apply to the purchase of
34a commemorative license. A commemorative license shall not
35qualify as evidence required in subdivision (a) of Section 3050.

36(b) All funds derived from the sale of commemorative licenses
37shall be deposited in the Fish and Game Preservation Fund.

38

SEC. 4.  

Section 1053 of the Fish and Game Code is repealed.

begin delete
39

1053.  

(a) A person shall not obtain more than one license,
40permit, reservation, or other entitlement of the same class, or more
P6    1than the number of tags authorized by statute or regulation for the
2same license year, except under one of the following conditions:

3(1) Nonresident hunting licenses issued pursuant to paragraphs
4(4) and (5) of subdivision (a) of Section 3031, and short-term sport
5fishing licenses issued pursuant to paragraphs (3), (4), and (5) of
6subdivision (a) of Section 7149, and paragraphs (3), (4), and (5)
7of subdivision (a) of Section 7149.05.

8(2) The loss or destruction of an unexpired license, tag, permit,
9 reservation, or other entitlement, except a stamp or endorsement,
10as certified by the applicant’s signed affidavit and proof, as
11determined by the department, that the original license, tag, permit,
12reservation, or other entitlement was issued, and payment of a base
13fee of five dollars ($5). The base fee shall be adjusted annually
14pursuant to Section 713, not to exceed the fee for the original
15entitlement, as follows:

16(A) The adjustment shall apply to the hunting license years
17commencing on or after July 1, 1996.

18(B) The adjustment shall apply to the fishing license years
19commencing on or after January 1, 1996.

20(b) This section does not apply to licenses, permits, reservations,
21tags, or other entitlements issued through the Automated License
22Data System.

end delete
23

SEC. 5.  

Section 1053.5 of the Fish and Game Code is amended
24to read:

25

1053.5.  

Applicants for hunting licenses pursuant to subdivision
26(a) of Sectionbegin delete 1053end deletebegin insert 1053.1end insert shall first satisfactorily complete a
27hunter education equivalency examination and obtain a certificate
28of equivalency as provided by regulations adopted by the
29commission, or show proof of completion of a hunter education
30training course, or show a previous year’s hunting license.

31

SEC. 6.  

Section 1055 of the Fish and Game Code is repealed.

begin delete
32

1055.  

(a) Any person, except a commissioner, officer, or
33employee of the department, may submit an application to the
34department, to be a license agent to issue licenses, permits,
35reservations, tags, and other entitlements.

36(b) A person shall only be authorized to be a license agent to
37issue licenses, permits, reservations, tags, and other entitlements,
38upon the written approval of the department.

39(c) The department may consign licenses, permits, reservations,
40tags, and other entitlements to authorized license agents.

P7    1(d) The department may provide licenses, permits, reservations,
2tags, or other entitlements to authorized license agents and shall
3collect prior to delivery an amount equal to the fees for all licenses,
4permits, reservations, tags, and other entitlements that are provided.
5Any license agent who pays the fees prior to delivery for licenses,
6permits, reservations, tags, or other entitlements is exempt from
7subdivisions (a) and (d) of Section 1055.5 and Sections 1056,
81057, and 1059. Any licenses, permits, reservations, tags, or other
9entitlements provided pursuant to this subdivision that remain
10unissued at the end of the license year may be returned to the
11department for refund or credit, or a combination thereof within
12six months of the item expiration date. No credit may be allowed
13after six months following the last day of the license year.

14(e) Licenses, permits, reservations, tags, and other entitlements
15may only be provided to authorized license agents that are in
16compliance with all laws, regulations, and policies governing the
17sale and reporting of licenses, permits, reservations, tags, and other
18entitlements.

19(f) Authorized license agents shall add a handling charge to the
20fees prescribed in this code or in regulations adopted pursuant to
21this code for licenses, permits, reservations, tags, and other
22entitlements issued by the license agent in an amount that is 5
23percent of the face value of the item rounded to the nearest five
24cents ($0.05).

25(g) The handling charge added pursuant to subdivision (f) shall
26be incorporated into the total amount collected for issuing any
27license, permit, reservation, tag, and other entitlement, but the
28handling charge may not be included when determining license
29fees in accordance with Section 713. License agents may issue
30any license, permit, reservation, tag, and other entitlement for any
31amount up to 10 percent less than the fee prescribed in this code
32or in regulations adopted pursuant to this code. The license agent
33shall remit to the department the full amount of the fees as
34prescribed in this code or in regulations adopted pursuant to this
35code for all licenses, permits, reservations, tags, and other
36entitlements issued.

37(h) The handling charge in subdivision (f) is the license agent’s
38only compensation for services. The license agent shall not be
39entitled to any other additional fee or charge for issuing licenses,
P8    1permits, reservations, tags, and other entitlements authorized
2pursuant to this section.

3(i) The department may designate a nonprofit organization,
4organized pursuant to the laws of this state, or the California
5chapter of a nonprofit organization, organized pursuant to the laws
6of another state, as a license agent for the sale of lifetime licenses
7issued pursuant to Sections 714, 3031.2, and 7149.2. These licenses
8may be sold by auction or by other methods and are not subject to
9the fee limitations prescribed in this code. An agent authorized to
10issue lifetime sport fishing licenses, lifetime hunting licenses, and
11lifetime sportsman’s licenses under this subdivision is exempt
12from subdivisions (f) and (h). The license agent shall remit to the
13department the fees from the sale of lifetime licenses, as defined
14in Sections 714, 3031.2, and 7149.2.

15(j) At any single business location, a license agent shall issue
16all items from a single book before commencing to issue licenses,
17permits, reservations, tags, or other entitlements of the same series
18from another book.

19(k) License agents that receive licenses, permits, reservations,
20tags, and other entitlements pursuant to subdivision (c) shall return
21all unissued and expired licenses, permits, reservations, tags, and
22other entitlements to the department within 20 days following the
23last day of the license year. Any unissued and expired license,
24permit, reservation, tag, or other entitlement that is not returned
25within 60 days following the last day of the license year shall be
26billed to the license agent. Licenses, permits, reservations, tags,
27and other entitlements may be returned for credit after the 60 days;
28however, the license agent shall pay interest and penalties on any
29sold licenses, permits, reservations, tags, and other entitlements
30as prescribed in subdivision (b) of Section 1059. No credit may
31be allowed after six months following the last day of the license
32year.

33(l) This section does not apply to licenses, permits, reservations,
34tags, or other entitlements issued through the Automated License
35Data System.

end delete
36

SEC. 7.  

Section 1055.1 of the Fish and Game Code is amended
37to read:

38

1055.1.  

(a) Any person, except a commissioner, officer, or
39employee of the department, may submit an application to the
P9    1department to be a license agent to issue licenses, permits,
2reservations, tags, or other entitlements.

3(b) A person shall only be authorized to be a license agent to
4issue licenses, permits, reservations, tags, and other entitlements,
5upon the written approval of the department.

6(c) The department may provide licenses, permits, reservations,
7tags, or other entitlements to authorized license agents and shall
8collect, prior to delivery, an amount equal to the fees for all
9licenses, permits, reservations, tags and other entitlements
10provided. Any license agent who pays the fees prior to delivery
11for licenses, permits, reservations, tags, or other entitlements is
12exempt frombegin delete subdivisions (a) and (e) of Section 1055.5 andend delete
13 Sections 1056, 1057, and 1059. Any licenses, permits, reservations,
14tags, or other entitlements provided pursuant to this subdivision
15that remain unissued at the end of the license year may be returned
16to the department for refund or credit, or a combination thereof,
17within six months of the item expiration date. No credit may be
18allowed after six months following the last day of the license year.

19(d) Authorized license agents shall add a handling charge to the
20fees prescribed in this code or in regulations adopted pursuant to
21this code for any license, permit, reservation, tag, and other
22entitlement issued by the license agent in an amount that is 5
23percent of the face value of the item rounded to the nearest five
24cents ($0.05).

25(e) The handling charge added pursuant to subdivision (d) shall
26be incorporated into the total amount collected for issuing the
27license, permit, reservation, tag, and other entitlement, but the
28handling charge shall not be included when determining license
29fees in accordance with Section 713. A license agent may issue
30any license, permit, reservation, tag, or other entitlement for any
31amount up to 10 percent less than the fee prescribed in this code
32or in regulations adopted pursuant to this code. The license agent
33shall remit to the department the full amount of the fees as
34prescribed in this code or in regulations adopted pursuant to this
35code for all licenses, permits, reservations, tags, and other
36entitlements issued.

37(f) The handling charge required by subdivision (d) is the license
38agent’s only compensation for services. The license agent shall
39not be entitled to any other additional fee or charge for issuing any
P10   1license, permit, reservation, tag, or other entitlement authorized
2pursuant to this section.

3(g) The department may designate a nonprofit organization,
4organized pursuant to the laws of this state, or the California
5chapter of a nonprofit organization, organized pursuant to the laws
6of another state, as a license agent for the sale of lifetime licenses
7issued pursuant to Sections 714, 3031.2, and 7149.2. These licenses
8may be sold by auction or by other methods and are not subject to
9the fee limitations prescribed in this code. An agent authorized to
10issue lifetime sport fishing licenses, lifetime hunting licenses, and
11lifetime sportsman’s licenses under this subdivision is exempt
12from subdivisions (d) and (f). The license agent shall remit to the
13department the fees from the sale of lifetime licenses as defined
14in Sections 714, 3031.2, and 7149.2.

15(h) This section applies only to licenses, permits, reservations,
16tags, and other entitlements issued through the Automated License
17Data System.

18

SEC. 8.  

Section 1055.4 of the Fish and Game Code is repealed.

begin delete
19

1055.4.  

Any person authorized pursuant to Section 1055 who
20submits a check or money order for payment of licenses, permits,
21reservations, tags, and other entitlements that is returned unpaid
22by the bank or financial institution it was drawn upon shall be
23required to pay a fee of thirty dollars ($30), plus any penalty and
24interest charges, as defined in Section 1059.

end delete
25

SEC. 9.  

Section 1055.5 of the Fish and Game Code is repealed.

begin delete
26

1055.5.  

(a) Except as provided in subdivision (b) or (c), each
27authorized license agent who receives licenses, permits,
28reservations, tags, and other entitlements, pursuant to subdivision
29(c) of Section 1055, shall remit to the department the fees
30prescribed in this code or in regulations adopted pursuant to this
31code for all licenses, permits, reservations, tags, and other
32entitlements issued in each calendar month not later than 20 days
33following the last day of that calendar month. The transmittal of
34the fees to the department shall be accompanied with an accounting
35report on forms provided by the department of all licenses, permits,
36reservations, tags, and other entitlements issued during the
37preceding month.

38(b) A license agent is not required to remit the fees for a book
39of licenses, permits, reservations, tags, or other entitlements in any
40month if, on the last day of the preceding month, all items in that
P11   1single book provided for issuance at a single business location are
2not issued or expired. If, however, all items in that book are issued
3or expired, the license agent shall remit the fees for that book and
4transmit the accounting report in accordance with the requirements
5of this section.

6(c) The license agent may retain not more than fifteen cents
7($0.15) of the fee received for each Colorado River special use
8stamp issued pursuant to Section 7180 as compensation for
9services. The license agent shall remit to the department the fees
10prescribed by Section 7180, less any amounts retained under this
11subdivision, for all Colorado River special use stamps issued. The
12license agent shall remit the net fees with an accounting report as
13prescribed in subdivision (a).

14(d) Except as provided in subdivision (c), any fee remittance
15and accounting report not transmitted to the department within 30
16days following the last day of each calendar month is delinquent,
17and fees due are subject to interest and penalties prescribed in
18subdivision (b) of Section 1059. Interest and penalties shall be
19computed beginning 21 days following the last day of the calendar
20month in which the fees were collected.

21(e) This section does not apply to licenses, permits, reservations,
22tags, or other entitlements issued through the Automated License
23Data System.

end delete
24

SEC. 10.  

Section 1056 of the Fish and Game Code is amended
25to read:

begin delete
26

1056.  

(a)  Authorized license agents who receive licenses,
27permits, reservations, tags, and other entitlements pursuant to
28subdivision (c) of Section 1055 may be required to execute, in
29favor of the department, a bond, payable to the department, in a
30sum determined by the department. The bond shall secure the
31accurate accounting and payment to the department of the funds
32collected and the performance of the duties imposed upon the
33license agent by this article.

34(b) Any

end delete
35begin insert

begin insert1056.end insert  

end insert

begin insertAend insert license agent who fails to transmit the fees or
36accounting reports required by Sectionbegin delete 1055.5 orend delete 1055.6 not later
37than 60 days following the due date as specified by the department
38may be required tobegin delete provide a bond pursuant to subdivision (a) in
39order to continue as a license agent.end delete
begin insert execute, in favor of the
40department, a bond, payable to the department, in a sum
P12   1determined by the department in order to continue as a license
2agent. The bond shall secure the accurate accounting and payment
3to the department of the funds collected and the performance of
4the duties imposed upon the license agent by this article.end insert

5

SEC. 11.  

Section 1059 of the Fish and Game Code is amended
6to read:

7

1059.  

(a) The failure or refusal of any license agent to account
8for licenses, permits, reservations, tags, and other entitlements, or
9any fees received from their issuance as required by Sectionbegin delete 1055.5
10orend delete
1055.6 or upon demand by an authorized representative of the
11department is a misdemeanor.

12(b) In addition to subdivision (a), any license agent who fails
13to remit fees to the department on or before the date required by
14Sectionbegin delete 1055.5 orend delete 1055.6 shall pay interest and penalties prescribed
15for sales and use taxes and, except as otherwise provided in this
16code, the department shall collect amounts owing under the
17procedures prescribed for sales and use taxes provided in Chapter
185 (commencing with Section 6451) and Chapter 6 (commencing
19with Section 6701) of Part 1 of Division 2 of the Revenue and
20Taxation Code, insofar as they may be applicable, and for those
21purposes, “board” means the department.

22

SEC. 12.  

Section 1060 of the Fish and Game Code is repealed.

begin delete
23

1060.  

(a) The department may accept from any authorized
24license agent an affidavit for settlement on its account in lieu of
25licenses, permits, reservations, tags, and other entitlements that
26have been lost or destroyed if the license agent meets the following
27criteria:

28(1) Reports any losses of licenses, permits, reservations, tags,
29or other entitlements to the department on or before the end of the
30next business day of the department.

31(2) Submits the following items to the department not more than
3220 days following the last day of the calendar month in which the
33items were lost or destroyed:

34(A) An accounting report listing all licenses, permits,
35reservations, tags, and other entitlements that were lost or
36destroyed.

37(B) A signed and notarized affidavit that shows the value and
38type of the licenses, permits, reservations, tags, and other
39entitlements, their serial numbers, and the causes of loss or
40destruction.

P13   1(b) This section does not apply to licenses, permits, reservations,
2tags, or other entitlements that are issued through the Automated
3License Data System.

end delete
4

SEC. 13.  

Section 1070 of the Fish and Game Code is repealed.

begin delete
5

1070.  

The department shall transmit monthly to the Department
6of Finance, for review, a summary report of the fee remittances
7and accounting reports received under Section 1055.5 and a
8delinquency report containing the name and address of any person
9who failed or refused to fully comply with Section 1055.5. The
10summary fee remittance and accounting report and the delinquency
11report shall be transmitted to the Department of Finance not later
12than 45 days following the last day of the calendar month for which
13the fee remittances and accounting reports were due under Section
141055.5.

end delete
15

SEC. 14.  

Section 1764 of the Fish and Game Code is amended
16to read:

17

1764.  

(a) The director shall designate those particular areas
18of land managed by the department at which possession of a valid
19annual wildlife pass or day use pass shall be required. No
20designation shall be effective until a management plan for the area
21has been presented at a public meeting and the plan has been
22approved by the director.

23(b) No person shall enter the designated area unless that person
24possesses an annual wildlife area pass or a day use pass issued
25pursuant to Section 1765, a valid hunting license issued pursuant
26to Section 3031, a valid trapping license issued pursuant to Section
274006, or a valid sportfishing license issued pursuant to Section begin delete28 7149, 7149.1,end delete begin insert 7149.05,end insert 7150, or 7151, or that person is a member
29of a tour by an organized youth or school groupbegin delete whichend deletebegin insert thatend insert has
30been issued a day use pass.

31(c) Notwithstanding subdivision (b), possession of a license or
32pass shall not be required of any person who:

33(1) Is passing through the area on a public right-of-way.

34(2) Possesses authorization by the commission or the department
35to conduct scientific or educational research.

36(3) Is discharging duties in the course of employment, as
37specified by the department.

38(4) Possesses written authorization from the department to enter
39the area for a specific purpose.

P14   1

SEC. 15.  

Section 3050 of the Fish and Game Code is amended
2to read:

3

3050.  

(a) No hunting license may be issued to any person
4unless he or she presents to the person authorized to issue that
5license any of the following:

6(1) Evidence that he or she has held a hunting license issued by
7this state in a prior year.

8(2) Evidence that he or she holds a current hunting license, or
9a hunting license issued in either of the two previous hunting years
10by another state or province.

11(3) A certificate of completion of a course in hunter education,
12principles of conservation, and sportsmanship, as provided in this
13article. A hunter education instruction validation stamp shall be
14 permanently affixed to certificates of completion that have been
15issued before January 1, 2008.

16(4) A certificate of successful completion of a hunter education
17course in another state or province.

18(5) Evidence of completion of a course in hunter education,
19principles of conservation, and sportsmanship, which the
20commission may, by regulation, require.

21(b) The evidence required in subdivision (a) shall be forwarded
22to thebegin delete department with the license agent’s report of hunting license
23sales as required pursuant to Section 1055.5.end delete
begin insert department.end insert

24(c) Subdivision (a) does not apply to any person purchasing a
25hunting license under paragraph (5) of subdivision (a) of Section
263031. However, that license shall not qualify as evidence required
27in subdivision (a) of this section.

28

SEC. 16.  

Section 3682 of the Fish and Game Code is repealed.

begin delete
29

3682.  

(a) It is unlawful for any person, except a person licensed
30pursuant to paragraph (2) of subdivision (a) of Section 3031, to
31take any upland game bird species without first procuring an upland
32game bird stamp, and having the stamp permanently affixed to his
33or her valid hunting license.

34(b) Upland game bird stamps may be obtained from the
35department, or a licensed agent authorized pursuant to Section
361055, for a fee of six dollars and twenty-five cents ($6.25), adjusted
37pursuant to Section 713.

38(c) This section does not apply to licenses, permits, reservations,
39tags, or other entitlements issued through the Automated License
40Data System.

end delete
P15   1

SEC. 17.  

Section 3700 of the Fish and Game Code is repealed.

begin delete
2

3700.  

(a) It is unlawful for any person, except a person licensed
3pursuant to paragraph (2) of subdivision (a) of Section 3031, to
4take any migratory game bird, except jacksnipe, coots, gallinules,
5western mourning doves, white-winged doves, and band-tailed
6pigeons, without first procuring either an open edition or a
7Governor’s edition state duck stamp, as provided in subdivisions
8(b) and (c), and having the state duck stamp in his or her possession
9while taking those birds.

10(b) State duck stamps, open edition, shall be sold for a fee of
11ten dollars ($10) by the department and by license agents, who are
12authorized by the department pursuant to Section 1055, in the same
13manner as hunting licenses.

14(c) State duck stamps, Governor’s edition, may be printed and
15sold on a bid basis, beginning at a minimum bid, as determined
16by the department or its representative.

17(d) The commission shall determine the form of the state duck
18stamp.

19(e) The department may prepare and sell artwork, posters, and
20other promotional materials related to the sale of duck stamps or
21waterfowl hunting and conservation.

22(f) This section does not apply to licenses, permits, reservations,
23tags, or other entitlements issued through the Automated License
24Data System.

end delete
25

SEC. 18.  

Section 6596 of the Fish and Game Code is repealed.

begin delete
26

6596.  

(a) In addition to a valid California sport fishing license
27and any other applicable license stamp issued pursuant to this code,
28a person taking fish from ocean waters south of a line extending
29due west from Point Arguello for purposes other than for profit
30shall have a valid sport fishing ocean enhancement stamp
31permanently affixed to his or her fishing license. A sport fishing
32ocean enhancement stamp shall be issued upon payment of a base
33fee of three dollars and fifty cents ($3.50). A sport fishing license
34issued pursuant to paragraph (4) or (5) of subdivision (a) of Section
357149 is not subject to this subdivision.

36(b) In addition to a valid California commercial passenger
37fishing boat license issued pursuant to Section 7920, the owner of
38any boat or vessel who, for profit, permits any person to fish
39therefrom, south of a line extending due west from Point Arguello,
P16   1shall have a valid commercial fishing ocean enhancement stamp
2issued for that vessel that has not been suspended or revoked.

3(c) Any person who takes, possesses aboard a boat, or lands any
4white sea bass for commercial purposes, south of a line extending
5due west from Point Arguello, shall have a valid commercial
6fishing ocean enhancement stamp issued to that person that has
7not been suspended or revoked.

8(d) The base fee for a commercial fishing ocean enhancement
9stamp is thirty-five dollars ($35).

10(e) This section does not apply to licenses, permits, reservations,
11tags, or other entitlements issued through the Automated License
12 Data System.

13(f) The base fees specified in this section are applicable to the
142004 license year, and shall be adjusted annually thereafter
15pursuant to Section 713.

16(g) The commission shall adjust the amount of the fees specified
17in subdivision (f), as necessary, to fully recover, but not exceed,
18all reasonable administrative and implementation costs of the
19department and the commission relating to those licenses.

end delete
20

SEC. 19.  

Section 7149 of the Fish and Game Code is repealed.

begin delete
21

7149.  

(a) A sport fishing license granting the privilege to take
22any fish, reptile, or amphibia anywhere in this state for purposes
23other than profit shall be issued to any of the following:

24(1) A resident, 16 years of age or older, for the period of a
25calendar year, or, if issued after the beginning of the year, for the
26remainder thereof, upon payment of a base fee of thirty-one dollars
27and twenty-five cents ($31.25).

28(2) A nonresident, 16 years of age or older, for the period of a
29calendar year, or, if issued after the beginning of the year, for the
30remainder thereof, upon payment of a base fee of eighty-four
31dollars ($84).

32(3) A nonresident, 16 years of age or older, for the period of 10
33consecutive days beginning on the date specified on the license
34upon payment of the fee set forth in paragraph (1).

35(4) A resident or nonresident, 16 years of age or older, for two
36consecutive designated calendar days, upon payment of one-half
37of the fee set forth in paragraph (1). Notwithstanding Section 1053,
38more than one two-day license issued for different two-day periods
39may be issued to, or possessed by, a person at one time.

P17   1(5) A resident or nonresident, 16 years of age or older, for one
2designated day, upon payment of a base fee of ten dollars ($10).

3(b) California sport fishing license stamps shall be issued by
4authorized license agents in the same manner as sport fishing
5licenses, and no compensation may be paid to the authorized
6license agent for issuing the stamps except as provided in Section
71055.

8(c) This section does not apply to licenses, permits, reservations,
9tags, or other entitlements issued through the Automated License
10Data System.

11(d) The base fees specified in this section are applicable to the
122004 license year, and shall be adjusted annually thereafter
13pursuant to Section 713.

14(e) The commission shall adjust the amount of the fees specified
15in subdivision (d), as necessary, to fully recover, but not exceed,
16all reasonable administrative and implementation costs of the
17department and the commission relating to those licenses.

end delete
18

SEC. 20.  

Section 7149.2 of the Fish and Game Code is
19amended to read:

20

7149.2.  

(a) In addition to Sectionsbegin delete 714, 7149,end deletebegin insert 714end insert and 7149.05,
21the department shall issue a lifetime sport fishing license under
22this section. A lifetime sport fishing license authorizes the taking
23of fish, amphibians, or reptiles anywhere in this state in accordance
24with the law for purposes other than profit for the life of the person
25to whom issued unless revoked for a violation of this code or
26regulations adopted under this code. A lifetime sport fishing license
27is not transferable. A lifetime sport fishing license does not include
28any special tags, stamps, or fees.

29(b) A lifetime sport fishing license may be issued to residents
30of this state, as follows:

31(1) To a person 62 years of age or over, upon payment of a base
32fee of three hundred sixty-five dollars ($365).

33(2) To a person 40 years of age or over and less than 62 years
34of age, upon payment of a base fee of five hundred forty dollars
35($540).

36(3) To a person 10 years of age or over and less than 40 years
37of age upon payment of a base fee of six hundred dollars ($600).

38(4) To a person less than 10 years of age upon payment of a
39base fee of three hundred sixty-five dollars ($365).

P18   1(c) Nothing in this section requires a person less than 16 years
2of age to obtain a license to take fish, amphibians, or reptiles for
3purposes other than profit.

4(d) Nothing in this section exempts a license applicant from
5meeting other qualifications or requirements otherwise established
6by law for the privilege of sport fishing.

7(e) Upon payment of a base fee of two hundred forty-five dollars
8($245), a person holding a lifetime sport fishing license or lifetime
9sportsman’s license shall be entitled annually to the privileges
10afforded to a person holding a second-rod stamp or validation
11issued pursuant to Sectionbegin delete 7149.4 orend delete 7149.45, a sport fishing ocean
12enhancement stamp or validation issued pursuant to paragraph (1)
13of subdivision (a) of Sectionbegin delete 6596 orend delete 6596.1, one steelhead trout
14report restoration card issued pursuant to Section 7380, begin delete a Bay-Delta
15sport fishing enhancement stamp or validation issued pursuant to
16Section 7360 or 7360.1,end delete
and one salmon punchcard issued pursuant
17to regulations adopted by the commission. Lifetime privileges
18issued pursuant to this subdivision are not transferable.

19(f) The base fees specified in this section are applicable
20commencing January 1, 2004, and shall be adjusted annually
21thereafter pursuant to Section 713.

22

SEC. 21.  

Section 7149.3 of the Fish and Game Code is
23amended to read:

24

7149.3.  

Notwithstanding Sectionbegin delete 7149,end deletebegin insert 7149.05,end insert a sport fishing
25license is not required forbegin delete anyend deletebegin insert aend insert resident to takebegin delete anyend deletebegin insert aend insert rattlesnake
26(genus Crotalus or Sistrurus).

27

SEC. 22.  

Section 7149.4 of the Fish and Game Code is
28repealed.

begin delete
29

7149.4.  

(a) It is unlawful for any person to fish with two rods
30without first obtaining a second-rod sport fishing stamp, in addition
31to a valid California sport fishing license and any applicable stamp
32issued pursuant to subdivision (a) of Section 7149, and having that
33stamp affixed to his or her valid sport fishing license. Any person
34who has a valid second-rod sport fishing stamp affixed to his or
35her valid sport fishing license may fish with two rods in inland
36waters in any sport fishery in which the regulations of the
37commission provide for the taking of fish by angling, except those
38waters in which only artificial lures or barbless hooks may be used.

39(b) The department or an authorized license agent shall issue a
40second-rod sport fishing stamp upon payment of a base fee of
P19   1seven dollars and fifty cents ($7.50) during the 1995 calendar year
2and subsequent years, as adjusted under Section 713.

3(c) This section does not apply to licenses, permits, reservations,
4tags, or other entitlements issued through the Automated License
5Data System.

end delete
6

SEC. 23.  

Section 7150 of the Fish and Game Code is amended
7to read:

8

7150.  

(a) Upon application to the department’s headquarters
9office in Sacramento and payment of a base fee of four dollars
10($4), as adjusted pursuant to Section 713, the following persons,
11who have not been convicted of any violation of this code, shall
12be issued a reduced fee sport fishing license that is valid for one
13year as specified in paragraphsbegin delete (1) and (2) of subdivision (a) of
14Section 7149 or paragraphsend delete
(1) and (2) of subdivision (a) of Section
157149.05 and that authorizes the licensee to take any fish, reptile,
16or amphibians anywhere in this state as otherwise authorized
17pursuant to this code and regulations adopted pursuant thereto for
18purposes other than profit:

19(1) A disabled veteran having a 50 percent or greater
20service-connected disability upon presentation of proof of an
21honorable discharge from military service and proof of the
22disability. Proof of the disability shall be by certification from the
23United States Veterans Administration or by presentation of a
24license issued pursuant to this paragraph in the preceding license
25year.

26(2) A member of the military who is a “recovering service
27member” pursuant to Section 1602(7) of the federal National
28Defense Authorization Act for Fiscal Year 2008 (Public Law
29110-181). A person shall be eligible for a reduced fee sport fishing
30license pursuant to this paragraph upon the submission of a letter,
31online or in hardcopy, to the department from that person’s
32commanding officer or from a military medical doctor stating that
33the person is a recovering service member.

34(3) A person over 65 years of age who is a resident of this state
35and whose total monthly income from all sources, including any
36old age assistance payments, does not exceed the amount in effect
37on September 1 of each year contained in subdivision (c) of Section
3812200 of the Welfare and Institutions Code for single persons or
39subdivision (d) of Section 12200 of the Welfare and Institutions
40Code combined income for married persons, as adjusted pursuant
P20   1to that section. The amount in effect on September 1 of each year
2shall be the amount used to determine eligibility for a reduced fee
3license during the following calendar year.

4(b) A person applying for a reduced fee sport fishing license
5shall submit adequate documentation for the department to
6determine whether the applicant is, in fact, eligible for a reduced
7fee sport fishing license. The documentation shall be in the form
8of a letter or other document, as specified by the department, from
9a public agency, except as provided in paragraphs (1) and (2) of
10subdivision (a). The department shall not issue a reduced fee sport
11fishing license to any person unless it is satisfied that the applicant
12has provided adequate documentation of eligibility for that license.

13(c) The adjustment of the base fee pursuant to Section 713
14specified in subdivision (a) shall be applicable to the fishing license
15years beginning on or after January 1, 1996.

16

SEC. 24.  

Section 7181 of the Fish and Game Code is repealed.

begin delete
17

7181.  

(a) A person fishing from the shore in the waters of the
18Colorado River located in Arizona or California shall have in his
19or her possession a valid sportfishing license issued by the state
20that has jurisdiction over that shore. That shoreline fishing does
21not require a Colorado River special use stamp as long as the
22fisherman remains on the shore and does not embark on the water.
23Any person, however, having in his or her possession a valid
24Arizona sportfishing license and a California special use stamp
25may fish from the shore in the waters of the Colorado River, or
26adjacent waters, except canals, drains, and ditches used to transport
27water used for irrigation or domestic purposes, located in
28California, without a sportfishing license issued by the State of
29California.

30(b) This section does not apply to licenses, permits, reservations,
31tags, or other entitlements issued through the Automated License
32Data System.

end delete
33

SEC. 25.  

Section 7182 of the Fish and Game Code is repealed.

begin delete
34

7182.  

(a) Arizona Colorado River special use stamps shall be
35issued by California authorized license agents under the supervision
36of the department in the same manner as sportfishing licenses are
37issued, and California sportfishing licenses and California Colorado
38River special use stamps shall be issued by Arizona license dealers
39under the supervision of the Arizona Game and Fish Commission.

P21   1(b) This section does not apply to licenses, permits, reservations,
2tags, or other entitlements issued through the Automated License
3Data System.

end delete
4

SEC. 26.  

Section 7183 of the Fish and Game Code is repealed.

begin delete
5

7183.  

(a) The Arizona Game and Fish Commission shall
6handle California sportfishing licenses and California special use
7stamps and issue them to Arizona license dealers. Prior to August
831 of each year, that commission shall make an audit report and
9send a remittance for those sales to the California Department of
10Fish and Game.

11(b) The California Department of Fish and Game shall handle
12Arizona special use stamps and issue them to California license
13dealers. Prior to August 31 of each year, that department shall
14make an audit report and send a remittance for those sales to the
15Arizona Game and Fish Commission.

16(c) This section does not apply to licenses, permits, reservations,
17tags, or other entitlements issued through the Automated License
18Data System.

end delete
19

SEC. 27.  

Section 7184 of the Fish and Game Code is repealed.

begin delete
20

7184.  

(a) An Arizona special use stamp is valid from January
211 to December 31, inclusive, of each year, to coincide with the
22period for which a California sportfishing license is issued.

23(b) A California special use stamp is valid for one year to
24coincide with the period for which an Arizona fishing license is
25issued.

26(c) This section does not apply to licenses, permits, reservations,
27tags, or other entitlements issued through the Automated License
28Data System.

end delete
29

SEC. 28.  

Section 7186 of the Fish and Game Code is repealed.

begin delete
30

7186.  

(a) When the director determines from the Secretary of
31State that copies of the law of the State of Arizona have been
32received by the Secretary of State which provides for an Arizona
33resident sportfishing license valid for a period of less than one
34year, a California special use stamp valid for the same period as
35the Arizona resident sportfishing license may be issued for a fee
36of one dollar ($1).

37(b) If Arizona issues a resident sportfishing license for a term
38less than one year for the purpose of changing to a calendar year
39license from a fiscal year license, that license shall be deemed to
40be a license upon substantially the same terms and conditions as
P22   1are provided for the issuance of California licenses to licensees of
2the State of Arizona for the purposes of Section 7185.

3(c) This section does not apply to licenses, permits, reservations,
4tags, or other entitlements issued through the Automated License
5Data System.

end delete
6

SEC. 29.  

Section 7860 of the Fish and Game Code is amended
7to read:

8

7860.  

(a) Except as provided in subdivision (f) or (g), no
9person who is 18 years of age or more and less than 70 years of
10age, on or before April 1 of the current license year, shall take
11salmon for commercial purposes or be on board a vessel on which
12salmon are taken for commercial purposes while salmon are being
13taken or transported unless that person has a commercial fishing
14salmon stamp issued pursuant to this section affixed to his or her
15commercial fishing license.

16(b) Except as provided in subdivision (f) or (g), the operator of
17a vessel on which salmon are taken for commercial purposes shall
18not permit a person on board that vessel while salmon are being
19taken or transported unless that person was less than 18 years of
20age or 70 years of age or more on April 1 of the current license
21year or that person has a commercial fishing salmon stamp affixed
22to the person’s commercial fishing license.

23(c) Except as provided in this subdivision, the department shall
24issue a commercial fishing salmon stamp upon application therefor
25and payment of the fee of eighty-five dollars ($85). For any
26commercial salmon season preceded by a commercial salmon
27season in which the commercial troll salmon landings in this state
28equal or exceed 3,000,000 pounds dressed weight, as determined
29by the department, the fee shall be increased by twelve dollars and
30fifty cents ($12.50) for every 250,000 pounds over 3,000,000
31pounds of dressed weight landings, except that the total fees as
32adjusted shall not exceed two hundred sixty dollars ($260).

33(d) A commercial fishing salmon stamp is valid during the
34commercial salmon season of the year in which it was issued.

35(e) begin deleteNotwithstanding Section 1053, upon end deletebegin insertUpon end insertapplication and
36payment of an additional fee equal to that prescribed in subdivision
37(c), the department may issue an additional commercial fishing
38salmon stamp for a crewmember to the owner or operator of a
39vessel who holds a commercial fishing salmon stamp.

P23   1(f) Notwithstanding subdivision (a), one crewmember of a vessel
2for which a commercial fishing salmon stamp is issued pursuant
3to subdivision (e) may be aboard that vessel and take salmon for
4commercial purposes as a crewmember on that vessel without
5obtaining a commercial fishing salmon stamp under the following
6conditions:

7(1) The crewmember is designated by name and commercial
8fishing license number on a form furnished by the department
9before salmon are taken on the vessel when that crewmember is
10aboard.

11(2) The crewmember has a valid commercial fishing license
12issued under Section 7850.

13(3) The commercial fishing salmon stamp for the crewmember
14is affixed to the form prescribed in paragraph (1) on which the
15vessel registration number of the vessel is entered and on which
16the crewmember who is exempted by this subdivision is designated
17by the last entered name and commercial fishing license number.

18(g) Persons who are exempt from the license requirements, or
19who are not required to be licensed, pursuant to Section 7850, are
20exempt from the requirements of this section.

21

SEC. 30.  

Section 12002.2.1 of the Fish and Game Code is
22amended to read:

23

12002.2.1.  

(a) Notwithstanding any other provision of law, a
24violation of any of the following is an infraction, punishable by a
25fine of not less than fifty dollars ($50), or more than two hundred
26fifty dollars ($250), for a first offense:

begin delete

27(1) Subdivision (a) of Section 6596.

end delete
begin delete

28(2) 

end delete

29begin insert(1)end insertbegin insertend insert Subdivision (a) of Section 6596.1.

begin delete

30(3) Subdivision (a) of Section 7149.4.

end delete
begin delete

31(4)

end delete

32begin insert(2)end insert Subdivision (a) of Section 7149.45.

begin delete

33(5)

end delete

34begin insert(3)end insert Subdivision (b) of Section 7180.

begin delete

35(6)

end delete

36begin insert(4)end insert Subdivision (b) of Section 7180.1.

begin delete

37(7) Subdivision (a) of Section 7360.

end delete
begin delete

38(8)

end delete

39begin insert(5)end insert Section 1.18 of Title 14 of the California Code of
40Regulations.

P24   1(b) If a person is convicted of a violation of any of the sections
2listed in subdivision (a) within five years of a separate offense
3resulting in a conviction of a violation of any of those sections,
4that person shall be punished by a fine of not less than one hundred
5dollars ($100) or more than five hundred dollars ($500).

6(c) If a person convicted of a violation of any of the sections
7listed in subdivision (a) produces in court the applicable sport
8fishing ocean enhancement stamp, sport fishing ocean enhancement
9validation, second rod sport fishing stamp, second rod sport fishing
10validation, Colorado River special use stamp, Colorado River
11special use validation, Bay-Delta Sport Fishing Enhancement
12Stamp or Bay-Delta Sport Fishing Enhancement validation issued
13pursuant to this code and valid at the time of the person’s arrest,
14and if the taking was otherwise lawful with respect to season, limit,
15time, and area, the court may reduce the fine imposed for the
16violation to twenty-five dollars ($25).

17

SEC. 31.  

Section 12153 of the Fish and Game Code is amended
18to read:

19

12153.  

begin deleteAny end deletebegin insertA end insertcommercial fishing license is forfeited for the
20violation ofbegin delete any of the provisions ofend delete Sectionsbegin delete 1050end deletebegin insert 1050.1end insert to 1060,
21inclusive, orbegin delete 2012 of this code,end deletebegin insert Section 2012,end insert or of any of the
22provisions of this code relating to the use of nets.

23

SEC. 32.  

Section 13005 of the Fish and Game Code is amended
24to read:

25

13005.  

(a) Notwithstanding Section 13001, the fees collected
26from lifetime sportsman’s licenses and privileges issued pursuant
27to Section 714, lifetime hunting licenses and privileges issued
28pursuant to Section 3031.2, and lifetime sport fishing licenses and
29privileges issued pursuant to Section 7149.2 shall be deposited as
30follows:

31(1) Twenty dollars ($20) from the initial issuance of each
32lifetime license shall be deposited in the Fish and Game
33Preservation Fund for use in accordance with Section 711.

34(2) The balance of the fees collected shall be deposited in the
35Lifetime License Trust Account which is hereby created in the
36Fish and Game Preservation Fund. Except as provided in this
37section, that principal amount of the money in the account from
38the fee for a lifetime license shall not be used, except for
39investment.

P25   1(b) The money in the Lifetime License Trust Account may be
2transferred and invested through the Surplus Money Investment
3Fund and all interest shall accrue to the account pursuant to
4subdivision (g) of Section 16475 of the Government Code.

5(c) Upon issuance of a lifetime license or lifetime privilege
6issued pursuant to Section 714, 3031.2, or 7149.2, the department
7shall transfer the following amounts from the Lifetime License
8Trust Account to the Fish and Game Preservation Fund:

9(1) Twenty-nine dollars and twenty-five cents ($29.25) for an
10annual resident hunting license or an annual resident sport fishing
11license.

12(2) Seven dollars and twenty-five cents ($7.25) for a junior
13hunting license.

14(3) Nine dollars and twenty-five cents ($9.25) for one second-rod
15stamp or validation issued pursuant tobegin delete Section 7149.4 orend delete Section
167149.45.

17(4) Two dollars and fifty cents ($2.50) for one sport fishing
18ocean enhancement stamp or validation issued pursuant to
19subdivision (a) of Section 6596 or subdivision (a) of Section
206596.1.

21(5) Three dollars and fifty cents ($3.50) for one Bay-Delta sport
22fishing enhancement stamp or validation issued pursuant tobegin delete Section
237360 orend delete
Section 7360.1.

24(6) Three dollars and seventy-five cents ($3.75) for one steelhead
25trout catch report-restoration card issued pursuant to Section 7380.

26(7) One dollar ($1) for one salmon punchcard issued pursuant
27to regulations adopted by the commission.

28(8) Nineteen dollars and twenty-five cents ($19.25) for a deer
29tag application issued pursuant to subdivision (a) of Section 4332.

30(9) Eight dollars and seventy-five cents ($8.75) for five wild
31pig tags issued pursuant to Section 4654.

32(10) Ten dollars ($10) for one state duck stamp or validation
33issued pursuant to Section 3700 or 3700.1.

34(11) Six dollars and twenty-five cents ($6.25) for one upland
35game bird stamp or validation issued pursuant to Section 3682 or
363682.1.

37

SEC. 33.  

Section 113 of the Government Code is amended to
38read:

39

113.  

Thebegin delete Legislature of Californiaend deletebegin insert Legislature, acting through
40the State Lands Commission,end insert
hereby consents to the retrocession
P26   1of jurisdiction by the United Statesbegin delete ofend deletebegin insert overend insert land within this state
2upon and subject to each and all of the following express
3conditions:

4(a) The United States must in writing have requested state
5acceptance ofbegin insert theend insert retrocession, and unless there is an officer of the
6United States empowered by a United States statute tobegin delete cedeend delete
7begin insert retrocedeend insert jurisdiction, the request shall be by the act of Congress.
8The retrocession may return all jurisdiction to the state or may
9provide for concurrent jurisdiction.

begin delete

10(b) When the conditions of subdivision (a) have been found and
11declared to have occurred and to exist, by the State Lands
12Commission, the commission shall hold a hearing to determine
13whether acceptance of the retrocession is in the best interests of
14the state. Notice of the hearing shall be published pursuant to
15Section 6061 in each county in which the land or any part of the
16land is situated and a copy of the notice shall be personally served
17upon the clerk of the board of supervisors of each such county.
18The State Lands Commission shall make rules and regulations
19governing the conditions and procedure of the hearings.

end delete
begin insert

20(b) The proposed retrocession is in the best interest of the state.

end insert
begin insert

21(c) A notice of the proposed retrocession has been given to the
22clerk for the board of supervisors of each county in which the
23federal lands are located at least 15 days before the proposed
24retrocession is considered by the State Lands Commission.

end insert
begin insert

25(d) The United States has agreed to bear all costs and expenses
26incurred by the State Lands Commission in making the
27retrocession.

end insert
begin delete

28(c) The

end delete

29begin insert(e)end insertbegin insertend insertbegin insertThe acceptance of the retrocession shall be made at a
30publicly noticed meeting of the State Lands Commission. Theend insert

31 determination of the State Lands Commission shall be final and
32begin insert the retrocession ofend insert jurisdiction accepted shall become effective
33when certified copies of its orders or resolutions have been
34recorded in the office of the county recorder of each county in
35which any part of the land is situated. The State Lands Commission
36shall keep copies of its orders or resolutions and make them
37available to the public upon request.

38

SEC. 34.  

Section 741 of the Public Resources Code is amended
39to read:

P27   1

741.  

(a) The board shall appoint a Range Management
2Advisory Committee and shall consult with the advisory committee
3on rangeland resource issues under consideration by the board.

4(b) The advisory committee shall consist of 11 members, who
5shall be selected as follows:

6(1) begin deleteTwo end deletebegin insertThree end insertmembers of the general public, who have an
7interest and background in the conservation of range resources or
8special knowledge in the protection of range and brushland soils
9and watersheds.

begin delete

10(2) One member nominated by the Watershed Fire Council of
11Southern California.

end delete
begin delete

12(3)

end delete

13begin insert(2)end insert One member nominated by the California Association of
14Resource Conservation Districts.

begin delete

15(4)

end delete

16begin insert(3)end insert Seven members nominated by organizations representing
17owners of range and brushlands.

18(c) Members of the advisory committee shall serve without
19compensation.

20(d) The Secretary of thebegin insert Naturalend insert Resources Agency, the
21Secretary for Environmental Protection, and the Secretary of Food
22and Agriculture shall notify the advisory committee of, and are
23encouraged to consult with the advisory committee on, rangeland
24resource issues that are under consideration by thebegin insert Naturalend insert
25 Resources Agency, the California Environmental Protection
26Agency, and the Department of Food and Agriculture, respectively.

27

SEC. 35.  

Section 8301 of the Public Resources Code is
28amended to read:

29

8301.  

The Governor, on application therefor by a duly
30authorized agent, may convey to the United Statesbegin delete anyend deletebegin insert aend insert tract of
31landbegin delete not exceedingend deletebegin insert that does not exceedend insert 10 acres, belonging to the
32begin delete Stateend deletebegin insert stateend insert and covered by navigable waters, for the site of a
33 lighthouse, beacon, or other aid to navigation.begin delete After conveyance,
34the United States shall have jurisdiction over the tract, subject to
35the right of the State to have concurrent jurisdiction so far that all
36process, civil or criminal, issued under authority of the State may
37be executed by the proper officers thereof within the tract, upon
38any person amenable thereto, in like manner and with like effect
39as if the conveyance had not been made.end delete

P28   1

SEC. 36.  

Section 30310.5 of the Public Resources Code is
2repealed.

begin delete
3

30310.5.  

This division or any other law, including any doctrine
4of common law, shall not preclude or prevent the appointment, as
5a public member, to the commission of a person who is not a
6locally elected official.

end delete
7

SEC. 37.  

Section 30315 of the Public Resources Code is
8amended to read:

9

30315.  

begin insert(a)end insertbegin insertend insertThe commission shall meet at leastbegin delete once a monthend delete
10begin insert 10 times annuallyend insert at a place convenient to the public. All meetings
11of the commission shall be open to the public.

begin delete

12 A

end delete

13begin insert(b)end insertbegin insertend insertbegin insertAend insert majority of the total appointed membership of the
14commission shall constitute a quorum.begin delete Anyend deletebegin insert Anend insert action taken by the
15commission under this division requires a majority vote of the
16members present at the meeting of the commission, with a quorum
17being present, unless otherwise specifically provided for in this
18division.



O

    99