Senate BillNo. 1081


Introduced by Senator Morrell

(Coauthor: Senator Nielsen)

(Coauthors: Assembly Members Achadjian, Bigelow, Brough, Lackey, Mathis, and Olsen)

February 17, 2016


An act to amend Sections 3033, 7150, and 7151 of, and to add Sections 3034 and 7150.5 to, the Fish and Game Code, relating to fish and wildlife.

LEGISLATIVE COUNSEL’S DIGEST

SB 1081, as introduced, Morrell. Hunting and sport fishing: free and reduced license fees: veterans.

(1) Under existing law, a hunting license grants the privilege to take birds and mammals. Existing law requires the Department of Fish and Wildlife to issue a hunting license for a term of one year, as provided, upon payment of a fee, to eligible residents and nonresidents. Existing law requires the department to issue a reduced fee hunting license for a term of one year, as provided, upon payment of a reduced fee, to a disabled veteran or recovering service member, as specified. Existing law requires these fees to be adjusted annually according to a specified index.

This bill would instead require the department to issue a free hunting license, upon application to the department, to a disabled veteran or recovering service member and would require the department, to issue a reduced fee hunting license, upon application and payment of a fee of $5, to a veteran of the Armed Forces of the United States who was honorably discharged. The bill would prohibit the reduced hunting license fee from being adjusted pursuant to the specified index.

(2) 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 sport fishing license for that purpose 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 the department to issue a sport fishing license for the period of a calendar year, as provided, upon payment of a specified fee, to eligible residents and nonresidents. Existing law requires the department to issue a reduced fee sport fishing license to for the period of a calendar year upon payment of a reduced fee to a disabled veteran or recovering service member, as specified. Existing law requires these fees to be adjusted annually according to a specified index.

This bill would instead require the department to issue a free sport fishing license, upon application to the department, to a disabled veteran or recovering service member and would require the department to issue a reduced fee sport fishing license, upon application and payment of a fee of $5, to a veteran of the Armed Forces of the United States who was honorably discharged. The bill would prohibit this reduced fishing license fee from being adjusted pursuant to the specified index.

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

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

P2    1

SECTION 1.  

Section 3033 of the Fish and Game Code is
2amended to read:

3

3033.  

(a) Pursuant to this section, the department shall issue
4to a disabled veteran or recovering service member who has not
5been convicted of a violation of this code abegin delete reduced feeend deletebegin insert freeend insert hunting
6license that authorizes the licensee to take a bird or mammal as
7authorized by this code and regulations adopted pursuant to this
8code.

begin delete

9(b) The base license fee for a reduced fee hunting license shall
10be four dollars ($4) for the hunting license year beginning on July
111, 1995, and, for the following years, this license fee may be
12annually reviewed and adjusted in accordance with Section 713.

end delete
begin insert

13(b) The license issued pursuant to this section shall be issued
14free of any charge or fee.

end insert

15(c) For the purposes of this section, the following terms have
16the following meanings:

P3    1(1) “Disabled veteran” means a person having a 50 percent or
2greater service-connected disability and an honorable discharge
3from military service.

4(2) “Recovering service member” means a member of the
5military who meets the definition of “recovering service member”
6in Section 1602(7) of the federal National Defense Authorization
7Act for Fiscal Year 2008 (Public Law 110-181).

8(d) A person applying for abegin delete reduced feeend deletebegin insert freeend insert hunting license
9shall submit to the department adequate documentation for the
10department to determine whether the person is, in fact, eligible for
11abegin delete reduced feeend deletebegin insert freeend insert hunting license. The department shall not issue
12abegin delete reduced feeend deletebegin insert freeend insert hunting license to a person unless it is satisfied
13that the person has provided adequate documentation of eligibility
14for that license.

15(e) A disabled veteran shall submit the following documentation:

16(1) Proof of an honorable discharge from military service.

17(2) Proof of the disability described in paragraph (1) of
18subdivision (c), either by certification from the United States
19Department of Veterans Affairs or by presentation of a license
20issued pursuant to this section in the preceding license year.

21(f) A recovering service member shall submit a letter to the
22department stating that the person is a recovering service member
23as defined in subdivision (d), from either that person’s commanding
24officer or a military medical doctor. The letter may be submitted
25either in hard copy form or online.

begin insert

26(g) Notwithstanding subdivision (c) of Section 3031 and
27subdivision (f) of Section 3031.2, the commission shall not increase
28the fees required to obtain the licenses specified in Sections 3031
29and 3031.2 for a person not receiving the benefit pursuant to this
30section to recover the cost of providing the benefit.

end insert
31

SEC. 2.  

Section 3034 is added to the Fish and Game Code, to
32read:

33

3034.  

(a) Upon application pursuant to this section and
34payment of a fee of five dollars ($5), the department shall issue to
35a veteran of the Armed Forces of the United States, who was
36honorably discharged and who has not been convicted of a violation
37of this code, a reduced fee hunting license that authorizes the
38licensee to take a bird or mammal as authorized by this code and
39regulations adopted pursuant to this code.

P4    1(b) The license fee for a reduced fee hunting license shall be
2not be adjusted pursuant to Section 713.

3(c) A person applying for a reduced fee hunting license shall
4submit to the department adequate documentation for the
5department to determine whether the applicant is, in fact, eligible
6for a reduced fee hunting license. The department shall not issue
7a reduced fee hunting license to any person unless it is satisfied
8that the applicant has provided adequate documentation of
9eligibility for that license.

10(d) Notwithstanding subdivision (c) of Section 3031 and
11subdivision (f) of Section 3031.2, the commission shall not increase
12the fees required to obtain the licenses specified in Sections 3031
13and 3031.2 for a person not receiving the benefit pursuant to this
14section to recover the cost of providing the benefit.

15

SEC. 3.  

Section 7150 of the Fish and Game Code is amended
16to read:

17

7150.  

(a) Upon application to the department’s headquarters
18office in Sacramento and payment of a base fee of four dollars
19($4), as adjusted pursuant to Section 713,begin delete the following persons,
20who have not been convicted of any violation of this code,end delete
begin insert a person
21who meets the eligibility requirements specified in subdivision (b)end insert

22 shall be issued a reduced fee sport fishing license that is valid for
23one year as specified in paragraphs (1) and (2) of subdivision (a)
24of Section 7149.05 and that authorizes the licensee to take any
25fish, reptile, or amphibians anywhere in this state as otherwise
26authorized pursuant to this code and regulations adopted pursuant
27 thereto for purposes other thanbegin delete profit:end deletebegin insert profit.end insert

begin delete

28(1) A disabled veteran having a 50 percent or greater
29service-connected disability upon presentation of proof of an
30 honorable discharge from military service and proof of the
31disability. Proof of the disability shall be by certification from the
32United States Veterans Administration or by presentation of a
33license issued pursuant to this paragraph in the preceding license
34year.

35(2) A member of the military who is a “recovering service
36member” pursuant to Section 1602(7) of the federal National
37Defense Authorization Act for Fiscal Year 2008 (Public Law
38110-181). A person shall be eligible for a reduced fee sport fishing
39license pursuant to this paragraph upon the submission of a letter,
40online or in hardcopy, to the department from that person’s
P5    1commanding officer or from a military medical doctor stating that
2the person is a recovering service member.

end delete
begin delete

3(3)

end delete

4begin insert(end insertbegin insertb)end insert A person begin delete over 65 years of age who is a resident of this state
5and whose total monthly income from all sources, including any
6old age assistance payments, does not exceed the amount in effect
7on September 1 of each year contained in subdivision (c) of Section
812200 of the Welfare and Institutions Code for single persons or
9subdivision (d) of Section 12200 of the Welfare and Institutions
10Code combined income for married persons, as adjusted pursuant
11to that section. The amount in effect on September 1 of each year
12shall be the amount used to determine eligibility for a reduced fee
13license during the following calendar year.end delete
begin insert who meets the following
14requirements shall be eligible for a reduced fee license pursuant
15to this section:end insert

begin insert

16(1) The person has not been convicted of any violation of this
17code.

end insert
begin insert

18(2) The person is over 65 years of age.

end insert
begin insert

19(3) The person is a resident of this state.

end insert
begin insert

20(4) The person’s total monthly income from all sources,
21including any old age assistance payments, does not exceed the
22amount in effect on September 1 of each year contained in
23subdivision (c) of Section 12200 of the Welfare and Institutions
24Code for single persons or subdivision (d) of Section 12200 of the
25Welfare and Institutions Code combined income for married
26persons, as adjusted pursuant to that section. The amount in effect
27on September 1 of each year shall be the amount used to determine
28eligibility for a reduced fee license during the following calendar
29year.

end insert
begin delete

30(b)

end delete

31begin insert(end insertbegin insertc)end insert A person applying for a reduced fee sport fishing license
32shall submit adequate documentation for the department to
33determine whether the applicant is, in fact, eligible for a reduced
34fee sport fishing license. The documentation shall be in the form
35of a letter or other document, as specified by the department, from
36a publicbegin delete agency, except as provided in paragraphs (1) and (2) of
37subdivision (a).end delete
begin insert agency.end insert The department shall not issue a reduced
38fee sport fishing license to any person unless it is satisfied that the
39applicant has provided adequate documentation of eligibility for
40that license.

begin delete

P6    1(c)

end delete

2begin insert(end insertbegin insertd)end insert The adjustment of the base fee pursuant to Section 713
3specified in subdivision (a) shall be applicable to the fishing license
4years beginning on or after January 1, 1996.

5

SEC. 4.  

Section 7150.5 is added to the Fish and Game Code,
6to read:

7

7150.5.  

(a) Upon application to the department’s headquarters
8office in Sacramento and payment of a fee of five dollars ($5), a
9veteran of the Armed Forces of the United States, who was
10honorably discharged and who has not been convicted of any
11violation of this code, shall be issued a reduced fee sport fishing
12license that is valid for one year as specified in paragraphs (1) and
13(2) of subdivision (a) of Section 7149.05 and that authorizes the
14licensee to take any fish, reptile, or amphibians anywhere in this
15state as otherwise authorized pursuant to this code and regulations
16adopted pursuant thereto for purposes other than profit.

17(b) A person applying for a reduced fee sport fishing license
18shall submit adequate documentation for the department to
19 determine whether the applicant is, in fact, eligible for a reduced
20fee sport fishing license. The documentation shall be in the form
21of a letter or other document, as specified by the department, from
22a public agency. The department shall not issue a reduced fee sport
23fishing license to any person unless it is satisfied that the applicant
24has provided adequate documentation of eligibility for that license.

25(c) The fee required pursuant to subdivision (a) shall not be
26adjusted pursuant to Section 713.

27(d) Notwithstanding subdivision (e) of Section 7149.05, the
28commission shall not increase the fees required to obtain the license
29specified in Section 7149.05 for a person not receiving the benefit
30pursuant to this section to recover the cost of providing the benefit.

31

SEC. 5.  

Section 7151 of the Fish and Game Code is amended
32to read:

33

7151.  

(a) Upon application to the department, the following
34persons, if they have not been convicted of any violation of this
35code, shall be issued, free of any charge or fee, a sport fishing
36license, that authorizes the licensee to take any fish, reptile, or
37amphibian anywhere in this state for purposes other than profit:

38(1) Any blind person upon presentation of proof of blindness.
39“Blind person” means a person with central visual acuity of 20/200
40or less in the better eye, with the aid of the best possible correcting
P7    1glasses, or central visual acuity better than 20/200 if the widest
2diameter of the remaining visual field is no greater than 20 degrees.
3Proof of blindness shall be by certification from a qualified licensed
4 optometrist or ophthalmologist or by presentation of a license
5issued pursuant to this paragraph in any previous license year.

6(2) Every resident Native American who, in the discretion of
7the department, is financially unable to pay the fee required for
8the license.

9(3) Any developmentally disabled person, upon presentation of
10certification of that disability from a qualified licensed physician,
11or the director of a state regional center for the developmentally
12disabled.

13(4) Any person who is a resident of the state and who is so
14severely physically disabled as to be permanently unable to move
15from place to place without the aid of a wheelchair, walker, forearm
16crutches, or a comparable mobility-related device. Proof of the
17disability shall be by certification from a licensed physician or
18surgeon or, by presentation of a license issued pursuant to this
19paragraph in any previous license year after 1996.

begin insert

20(5) A disabled veteran having a 50 percent or greater
21service-connected disability upon presentation of proof of an
22honorable discharge from military service and proof of the
23disability. Proof of the disability shall be by certification from the
24United States Veterans Administration or by presentation of a
25license issued pursuant to this paragraph in the preceding license
26year.

end insert
begin insert

27(6) A member of the military who is a “recovering service
28 member” pursuant to Section 1602(7) of the federal National
29Defense Authorization Act for Fiscal Year 2008 (Public Law
30110-181). A person shall be eligible for a free sport fishing license
31pursuant to this paragraph upon the submission of a letter, online
32or in hardcopy, to the department from that person’s commanding
33officer or from a military medical doctor stating that the person
34is a recovering service member.

end insert

35(b) Sport fishing licenses issued pursuant tobegin delete paragraph (2)end delete
36begin insert paragraphs (2), (5), and (6)end insert of subdivision (a) are valid for the
37calendar year of issue or, if issued after the beginning of the year,
38for the remainder thereof.

39(c) Sport fishing licenses issued pursuant to paragraphs (1), (3),
40and (4) of subdivision (a) are valid for five calendar years, or if
P8    1issued after the beginning of the first year, for the remainder
2thereof.

3(d) Upon application to the department, the department may
4issue, free of any charge or fee, a sport fishing license to groups
5of mentally or physically handicapped persons under the care of
6a certified federal, state, county, city, or private licensed care center
7that is a community care facility as defined in subdivision (a) of
8Section 1502 of the Health and Safety Code, to organizations
9exempt from taxation under Section 501(c)(3) of the federal
10Internal Revenue Code, or to schools or school districts. Any
11organization that applies for a group fishing license shall provide
12evidence that it is a legitimate private licensed care center,
13tax-exempt organization, school, or school district. The license
14shall be issued to the person in charge of the group and shall be in
15his or her possession when the group is fishing. Employees of
16private licensed care centers, tax-exempt organizations, schools,
17or school districts are exempt from Section 7145 only while
18assisting physically or mentally disabled persons fishing under the
19authority of a valid license issued pursuant to this section. The
20license shall include the location where the activity will take place,
21the date or dates of the activity, and the maximum number of
22people in the group. The licenseholder shall notify the local
23department office before fishing and indicate where, when, and
24how long the group will fish.

25(e) Upon application to the department, the department may
26issue, free of any charge or fee, a sport fishing license to a nonprofit
27organization for day-fishing trips that provide recreational
28rehabilitation therapy for active duty members of the United States
29military who are currently receiving inpatient care in a military or
30Veterans Administration hospital and veterans with
31service-connected disabilities. The license shall be valid for the
32calendar year of issue or, if issued after the beginning of the year,
33for the remainder of that year. The license shall be issued to the
34person in charge of the group, and shall be in the licenseholder’s
35possession when the group is fishing. The organization shall notify
36the local department office before fishing and indicate where,
37when, and how long the group will fish. To be eligible for a license
38under this subdivision, an organization shall be registered to do
39business in this state or exempt from taxation under Section 501(c)
40of the federal Internal Revenue Code.

P9    1(f) On January 15 of each year, the department shall determine
2the number of free sport fishing licenses in effect during the
3preceding year under subdivisions (a), (d), and (e).

4(g) There shall be appropriated from the General Fund a sum
5equal to two dollars ($2) per free sport fishing license in effect
6during the preceding license year under subdivisions (a) and (d),
7as determined by the department pursuant to subdivision (f). That
8sum may be appropriated annually in the Budget Act for transfer
9to the Fish and Game Preservation Fund and appropriated in the
10Budget Act from the Fish and Game Preservation Fund to the
11department for the purposes of this part.

begin insert

12(h) Notwithstanding subdivision (e) of Section 7149.05, the
13commission shall not increase the fees required to obtain the
14license specified in 7149.05 for a person not receiving the benefit
15pursuant to this section to recover the cost of providing the benefit.

end insert


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