Amended in Senate March 28, 2016

Senate Bill No. 1081

Introduced by Senator Morrell

begin delete

(Coauthor: Senator Nielsen)

end delete begin insert

(Coauthors: Senators Bates, Fuller, Nielsen, and Runner)

end insert

(Coauthors: Assembly Members Achadjian, Bigelow, Brough, begin insert Chang, Gallagher, end insert Lackey, Mathis, begin delete and Olsen end delete begin insert Olsen, and Wagner end insert )

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 amended, 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. begin insert Under existing law, the department issues tags, validations, and other entitlements upon payment of specified fees that are required in addition to a valid hunting license to take specified birds and mammals for purposes other than commercial purposes. end insert

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 begin delete department, end delete begin insert department end insert 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. begin insert The bill would require the department to reduce the fee required for a tag, validation, or other entitlement by 50% for a person who receives a reduced fee hunting license for veterans and would prohibit the department from charging a person who receives a free hunting license for disabled veterans or recovering service members a fee for these entitlements. end insert

(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 begin delete to end delete 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. begin insert Under existing law, the department issues sport fishing report cards and validations upon payment of specified fees that authorize various activities relating to the taking and possession of amphibians, reptiles, and fish for purposes other than profit. end insert

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. begin insert The bill would require the department to reduce the fee required to obtain a sport fishing report card, validation, or other entitlement by 50% for a person who receives a reduced fee sport fishing license for veterans and would prohibit the department from charging a person who receives end insert begin insert a free sport fishing license for disabled veterans or recovering service members a fee for these entitlements end insert begin insert . end insert

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 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 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 free hunting license shall submit to
the department adequate documentation for the department to
determine whether the person is, in fact, eligible for a free hunting
license. The department shall not issue a 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.

begin insert

(h) (1) The department shall not charge a person who receives
a free hunting license pursuant to this section a fee to obtain a
tag, validation, or other entitlement required in addition to a valid
hunting license to take a bird or mammal.

end insert begin insert

(2) Notwithstanding any other law, the commission shall not
increase the fee required to obtain a tag, validation, or other
entitlement for a person not receiving the discount pursuant to this
subdivision to recover the cost of providing the discount.

end insert

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.

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(e) (1) The department shall reduce the fee for a tag, validation,
or other entitlement required in addition to a valid hunting license
to take a bird or mammal by 50 percent for a person who receives
a reduced fee hunting license pursuant to this section.

end insert begin insert

(2) Notwithstanding any other law, the commission shall not
increase the fee required to obtain a tag, validation, or other
entitlement for a person not receiving the discount pursuant to this
subdivision to recover the cost of providing the discount.

end insert

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, 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.

(b) A person 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.

(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. 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.

(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.

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(e) (1) The department shall reduce the fee for a sport fishing
report card, validation, or other entitlement required in addition
to a valid sport fishing license to take an amphibian, reptile, or
fish by 50 percent for a person who receives a reduced fee sport
fishing license pursuant to this section.

end insert begin insert

(2) Notwithstanding subdivision (g) of Section 6596.1,
subdivision (c) of Section 7149.8, or any other law, the commission
shall not increase the fee required to obtain a sport fishing report
card, validation, or other entitlement for a person not receiving
the discount pursuant to this subdivision to recover the cost of
providing the discount.

end insert

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 begin delete Veterans Administration end delete begin insert Department of Veterans
Affairs end insert 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 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
begin insert United States Department of end insert Veterans begin delete Administration end delete begin insert Affairs end insert
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 begin insert Section end insert 7149.05 for a person not receiving the benefit
pursuant to this section to recover the cost of providing the benefit.

begin insert

(i) (1) The department shall not charge a person who receives
a free sport fishing license pursuant to paragraph (5) or (6) of
subdivision (a) a fee to obtain a sport fishing report card,
validation, or other entitlement required in addition to a valid
sport fishing license to take an amphibian, reptile, or fish.

end insert begin insert

(2) Notwithstanding subdivision (g) of Section 6596.1,
subdivision (c) of Section 7149.8, or any other law, the commission
shall not increase the fee required to obtain a sport fishing report
card, validation, or other entitlement for a person not receiving
the discount pursuant to this subdivision to recover the cost of
providing the discount.

end insert