BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1254|
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UNFINISHED BUSINESS
Bill No: AB 1254
Author: Tom Berryhill (R)
Amended: 8/16/10 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 9-0, 6/29/10
AYES: Pavley, Cogdill, Hollingsworth, Huff, Kehoe,
Lowenthal, Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 72-1, 1/27/10 - See last page for vote
SUBJECT : Fish and Game Commission: wildlife
SOURCE : California Outdoor Heritage Alliance
DIGEST : This bill changes an incentive for hunter
education instructor recruitment to a maximum of 15 hunting
tags, and authorizes the Department of Fish and Game (DFG)
to adopt regulations to implement new hunter education
recruitment provisions.
Senate Floor Amendments of 8/16/10 restore existing law
prohibiting trespass while hunting, change proposed
incentives for hunter education instructor recruitment from
a minimum of two deer tags to a maximum of 15 deer tags,
and authorize DFG to adopt regulations to implement the
proposed new hunter education instructor recruitment
provisions.
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AB 1254
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ANALYSIS :
Existing law:
1. Makes it unlawful to enter any lands, including lands
temporarily inundated by waters, where signs forbidding
trespass are displayed, for the purpose of discharging
any firearm or taking or destroying any mammal or bird
without written permission from the landowner.
2. Makes it unlawful to take any mammal or bird or to
discharge any firearm on lands posted with "PRIVATE
PROPERTY NO HUNTING" signs meeting certain
specifications.
3. Requires the Fish and Game Commission (FGC) to hold no
fewer than 10 regular meetings per calendar year, no
more than two of which may be held in Sacramento.
4. Requires DFG to prescribe a minimum level of skill and
knowledge to be required of all hunter education
instructors, and may limit the number of students per
instructor in all required classes.
5. Authorizes DFG to audit, or require the county to audit,
expenditures by the county from its fish and wildlife
propagation fund in order to determine compliance with
these requirements. Under existing law half of all
fines and forfeitures imposed or collected in any court
of this state for violations of the Fish and Game Code
are deposited to the county in which the offense was
committed in a county fish and wildlife propagation fund
to be expended for the protection, conservation,
propagation, and preservation of fish and wildlife, in
accordance with specified requirements.
This bill:
1. Changes an incentive for hunter education instructor
recruitment to a maximum of 15 hunting tags, and
authorizes DFG to adopt regulations to implement new
hunter education recruitment provisions.
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2. Authorizes the FGC to hold no fewer than 10 regular
meetings per year if it has adequate funding for travel,
including for DFG travel, with no more than three
regular meetings to be held in Sacramento.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/16/10)
California Outdoor Heritage Alliance (source)
California Sportsman's Lobby
Outdoor Sportsmen's Coalition of California
ARGUMENTS IN SUPPORT : The California Outdoor Heritage
Alliance (COHA) is sponsoring this bill to (1) allow the
FGC to adjust its meeting schedule to address funding
shortfalls, (2) authorize DFG to issue hunting derby
permits to nonprofit organizations for fundraising
purposes, and (3) clarify Section 2016 of the Fish and Game
Code as it relates to nonnavigable waters. With regard to
the hunting derby provision, COHA states this bill merely
applies the current permit process for fishing derbies to
hunting derbies, providing an additional fundraising tool
to nonprofits for wildlife conservation. With regard to
the amendment to Section 2016, they note a former Attorney
General opinion concluded that section was unconstitutional
as applied to navigable waters.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Chesbro, Conway, Cook, Coto, Davis, De La
Torre, De Leon, DeVore, Emmerson, Eng, Evans, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Harkey, Hayashi, Hernandez,
Hill, Huber, Huffman, Jeffries, Jones, Knight, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez,
Portantino, Ruskin, Salas, Saldana, Silva, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torres,
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Torrico, Tran, Villines, Yamada
NOES: Feuer
NO VOTE RECORDED: Carter, Hall, V. Manuel Perez,
Torlakson, Bass
CTW:mw 8/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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