BILL NUMBER: SB 1081 INTRODUCED
BILL TEXT
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:
SECTION 1. Section 3033 of the Fish and Game Code is amended to
read:
3033. (a) Pursuant to this section, the department shall issue to
a disabled veteran or recovering service member who has not been
convicted of a violation of this code a reduced fee
free hunting license that authorizes the
licensee to take a bird or mammal as authorized by this code and
regulations adopted pursuant to this code.
(b) The base license fee for a reduced fee hunting license shall
be four dollars ($4) for the hunting license year beginning on July
1, 1995, and, for the following years, this license fee may be
annually reviewed and adjusted in accordance with Section 713.
(b) The license issued pursuant to this section shall be issued
free of any charge or fee.
(c) For the purposes of this section, the following terms have the
following meanings:
(1) "Disabled veteran" means a person having a 50 percent or
greater service-connected disability and an honorable discharge from
military service.
(2) "Recovering service member" means a member of the military who
meets the definition of "recovering service member" in Section 1602
(7) of the federal National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181).
(d) A person applying for a reduced fee
free hunting license shall submit to the department adequate
documentation for the department to determine whether the person is,
in fact, eligible for a reduced fee free
hunting license. The department shall not issue a
reduced fee free hunting license to a person
unless it is satisfied that the person has provided adequate
documentation of eligibility for that license.
(e) A disabled veteran shall submit the following documentation:
(1) Proof of an honorable discharge from military service.
(2) Proof of the disability described in paragraph (1) of
subdivision (c), either by certification from the United States
Department of Veterans Affairs or by presentation of a license issued
pursuant to this section in the preceding license year.
(f) A recovering service member shall submit a letter to the
department stating that the person is a recovering service member as
defined in subdivision (d), from either that person's commanding
officer or a military medical doctor. The letter may be submitted
either in hard copy form or online.
(g) Notwithstanding subdivision (c) of Section 3031 and
subdivision (f) of Section 3031.2, the commission shall not increase
the fees required to obtain the licenses specified in Sections 3031
and 3031.2 for a person not receiving the benefit pursuant to this
section to recover the cost of providing the benefit.
SEC. 2. Section 3034 is added to the Fish and Game Code, to read:
3034. (a) Upon application pursuant to this section and payment
of a fee of five dollars ($5), the department shall issue to a
veteran of the Armed Forces of the United States, who was honorably
discharged and who has not been convicted of a violation of this
code, a reduced fee hunting license that authorizes the licensee to
take a bird or mammal as authorized by this code and regulations
adopted pursuant to this code.
(b) The license fee for a reduced fee hunting license shall be not
be adjusted pursuant to Section 713.
(c) A person applying for a reduced fee hunting license shall
submit to the department adequate documentation for the department to
determine whether the applicant is, in fact, eligible for a reduced
fee hunting license. The department shall not issue a reduced fee
hunting license to any person unless it is satisfied that the
applicant has provided adequate documentation of eligibility for that
license.
(d) Notwithstanding subdivision (c) of Section 3031 and
subdivision (f) of Section 3031.2, the commission shall not increase
the fees required to obtain the licenses specified in Sections 3031
and 3031.2 for a person not receiving the benefit pursuant to this
section to recover the cost of providing the benefit.
SEC. 3. Section 7150 of the Fish and Game Code is amended to read:
7150. (a) Upon application to the department's headquarters
office in Sacramento and payment of a base fee of four dollars ($4),
as adjusted pursuant to Section 713, the following persons,
who have not been convicted of any violation of this code,
a person who meets the eligibility requirements specified in
subdivision (b) shall be issued a reduced fee sport fishing
license that is valid for one year as specified in paragraphs (1) and
(2) of subdivision (a) of Section 7149.05 and that authorizes the
licensee to take any fish, reptile, or amphibians anywhere in this
state as otherwise authorized pursuant to this code and regulations
adopted pursuant thereto for purposes other than profit:
profit.
(1) A disabled veteran having a 50 percent or greater
service-connected disability upon presentation of proof of an
honorable discharge from military service and proof of the
disability. Proof of the disability shall be by certification from
the United States Veterans Administration or by presentation of a
license issued pursuant to this paragraph in the preceding license
year.
(2) A member of the military who is a "recovering service member"
pursuant to Section 1602(7) of the federal National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181). A person
shall be eligible for a reduced fee sport fishing license pursuant
to this paragraph upon the submission of a letter, online or in
hardcopy, to the department from that person's commanding officer or
from a military medical doctor stating that the person is a
recovering service member.
(3)
( b) A person over 65 years of age
who is a resident of this state and whose total monthly income from
all sources, including any old age assistance payments, does not
exceed the amount in effect on September 1 of each year contained in
subdivision (c) of Section 12200 of the Welfare and Institutions Code
for single persons or subdivision (d) of Section 12200 of the
Welfare and Institutions Code combined income for married persons, as
adjusted pursuant to that section. The amount in effect on September
1 of each year shall be the amount used to determine eligibility for
a reduced fee license during the following calendar year.
who meets the following requirements shall be eligible for a
reduced fee license pursuant to this section:
(1) The person has not been convicted of any violation of this
code.
(2) The person is over 65 years of age.
(3) The person is a resident of this state.
(4) The person's total monthly income from all sources, including
any old age assistance payments, does not exceed the amount in effect
on September 1 of each year contained in subdivision (c) of Section
12200 of the Welfare and Institutions Code for single persons or
subdivision (d) of Section 12200 of the Welfare and Institutions Code
combined income for married persons, as adjusted pursuant to that
section. The amount in effect on September 1 of each year shall be
the amount used to determine eligibility for a reduced fee license
during the following calendar year.
(b)
( c) A person applying for a reduced fee
sport fishing license shall submit adequate documentation for the
department to determine whether the applicant is, in fact, eligible
for a reduced fee sport fishing license. The documentation shall be
in the form of a letter or other document, as specified by the
department, from a public agency, except as provided in
paragraphs (1) and (2) of subdivision (a). agency.
The department shall not issue a reduced fee sport fishing
license to any person unless it is satisfied that the applicant has
provided adequate documentation of eligibility for that license.
(c)
( d) The adjustment of the base fee pursuant
to Section 713 specified in subdivision (a) shall be applicable to
the fishing license years beginning on or after January 1, 1996.
SEC. 4. Section 7150.5 is added to the Fish and Game Code, to
read:
7150.5. (a) Upon application to the department's headquarters
office in Sacramento and payment of a fee of five dollars ($5), a
veteran of the Armed Forces of the United States, who was honorably
discharged and who has not been convicted of any violation of this
code, shall be issued a reduced fee sport fishing license that is
valid for one year as specified in paragraphs (1) and (2) of
subdivision (a) of Section 7149.05 and that authorizes the licensee
to take any fish, reptile, or amphibians anywhere in this state as
otherwise authorized pursuant to this code and regulations adopted
pursuant thereto for purposes other than profit.
(b) A person applying for a reduced fee sport fishing license
shall submit adequate documentation for the department to determine
whether the applicant is, in fact, eligible for a reduced fee sport
fishing license. The documentation shall be in the form of a letter
or other document, as specified by the department, from a public
agency. The department shall not issue a reduced fee sport fishing
license to any person unless it is satisfied that the applicant has
provided adequate documentation of eligibility for that license.
(c) The fee required pursuant to subdivision (a) shall not be
adjusted pursuant to Section 713.
(d) Notwithstanding subdivision (e) of Section 7149.05, the
commission shall not increase the fees required to obtain the license
specified in Section 7149.05 for a person not receiving the benefit
pursuant to this section to recover the cost of providing the
benefit.
SEC. 5. Section 7151 of the Fish and Game Code is amended to read:
7151. (a) Upon application to the department, the following
persons, if they have not been convicted of any violation of this
code, shall be issued, free of any charge or fee, a sport fishing
license, that authorizes the licensee to take any fish, reptile, or
amphibian anywhere in this state for purposes other than profit:
(1) Any blind person upon presentation of proof of blindness.
"Blind person" means a person with central visual acuity of 20/200 or
less in the better eye, with the aid of the best possible correcting
glasses, or central visual acuity better than 20/200 if the widest
diameter of the remaining visual field is no greater than 20 degrees.
Proof of blindness shall be by certification from a qualified
licensed optometrist or ophthalmologist or by presentation of a
license issued pursuant to this paragraph in any previous license
year.
(2) Every resident Native American who, in the discretion of the
department, is financially unable to pay the fee required for the
license.
(3) Any developmentally disabled person, upon presentation of
certification of that disability from a qualified licensed physician,
or the director of a state regional center for the developmentally
disabled.
(4) Any person who is a resident of the state and who is so
severely physically disabled as to be permanently unable to move from
place to place without the aid of a wheelchair, walker, forearm
crutches, or a comparable mobility-related device. Proof of the
disability shall be by certification from a licensed physician or
surgeon or, by presentation of a license issued pursuant to this
paragraph in any previous license year after 1996.
(5) A disabled veteran having a 50 percent or greater
service-connected disability upon presentation of proof of an
honorable discharge from military service and proof of the
disability. Proof of the disability shall be by certification from
the United States Veterans Administration or by presentation of a
license issued pursuant to this paragraph in the preceding license
year.
(6) A member of the military who is a "recovering service member"
pursuant to Section 1602(7) of the federal National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181). A person
shall be eligible for a free sport fishing license pursuant to this
paragraph upon the submission of a letter, online or in hardcopy, to
the department from that person's commanding officer or from a
military medical doctor stating that the person is a recovering
service member.
(b) Sport fishing licenses issued pursuant to paragraph
(2) paragraphs (2), (5), and (6) of subdivision
(a) are valid for the calendar year of issue or, if issued after the
beginning of the year, for the remainder thereof.
(c) Sport fishing licenses issued pursuant to paragraphs (1), (3),
and (4) of subdivision (a) are valid for five calendar years, or if
issued after the beginning of the first year, for the remainder
thereof.
(d) Upon application to the department, the department may issue,
free of any charge or fee, a sport fishing license to groups of
mentally or physically handicapped persons under the care of a
certified federal, state, county, city, or private licensed care
center that is a community care facility as defined in subdivision
(a) of Section 1502 of the Health and Safety Code, to organizations
exempt from taxation under Section 501(c)(3) of the federal Internal
Revenue Code, or to schools or school districts. Any organization
that applies for a group fishing license shall provide evidence that
it is a legitimate private licensed care center, tax-exempt
organization, school, or school district. The license shall be issued
to the person in charge of the group and shall be in his or her
possession when the group is fishing. Employees of private licensed
care centers, tax-exempt organizations, schools, or school districts
are exempt from Section 7145 only while assisting physically or
mentally disabled persons fishing under the authority of a valid
license issued pursuant to this section. The license shall include
the location where the activity will take place, the date or dates of
the activity, and the maximum number of people in the group. The
licenseholder shall notify the local department office before fishing
and indicate where, when, and how long the group will fish.
(e) Upon application to the department, the department may issue,
free of any charge or fee, a sport fishing license to a nonprofit
organization for day-fishing trips that provide recreational
rehabilitation therapy for active duty members of the United States
military who are currently receiving inpatient care in a military or
Veterans Administration hospital and veterans with service-connected
disabilities. The license shall be valid for the calendar year of
issue or, if issued after the beginning of the year, for the
remainder of that year. The license shall be issued to the person in
charge of the group, and shall be in the licenseholder's possession
when the group is fishing. The organization shall notify the local
department office before fishing and indicate where, when, and how
long the group will fish. To be eligible for a license under this
subdivision, an organization shall be registered to do business in
this state or exempt from taxation under Section 501(c) of the
federal Internal Revenue Code.
(f) On January 15 of each year, the department shall determine the
number of free sport fishing licenses in effect during the preceding
year under subdivisions (a), (d), and (e).
(g) There shall be appropriated from the General Fund a sum equal
to two dollars ($2) per free sport fishing license in effect during
the preceding license year under subdivisions (a) and (d), as
determined by the department pursuant to subdivision (f). That sum
may be appropriated annually in the Budget Act for transfer to the
Fish and Game Preservation Fund and appropriated in the Budget Act
from the Fish and Game Preservation Fund to the department for the
purposes of this part.
(h) Notwithstanding subdivision (e) of Section 7149.05, the
commission shall not increase the fees required to obtain the license
specified in 7149.05 for a person not receiving the benefit pursuant
to this section to recover the cost of providing the benefit.