BILL ANALYSIS
AB 1423
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1423 (Tom Berryhill)
As Amended September 3, 2009
Majority vote
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|ASSEMBLY: |73-4 |(June 2, 2009) |SENATE: |38-0 |(September 8, |
| | | | | |2009) |
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Original Committee Reference: W., P. & W.
SUMMARY : Modifies commercial hunting club licensure
requirements by adding several exemptions and adding a fee
schedule; modifies and requires implementation of the Shared
Habitat Alliance for Recreational Enhancement Program (SHARE
Program); and, makes it unlawful to interfere with a hunting dog
field trial or hunting dog training.
The Senate amendments :
1)Make clarifying changes to sections of existing law regarding
the SHARE Program, including that the Department of Fish and
Game (DFG) shall work cooperatively to implement the Program
in order to facilitate public access to private lands in a
voluntary and incentive-based manner.
2)Expand the types of entities DFG may issue grants to or enter
into agreements with under the SHARE Program to include
governmental entities and any other entities, in addition to
nonprofit organizations, if DFG determines the agreements are
necessary for carrying out the purposes of the SHARE Program.
3)Authorize DFG to reimburse a nonprofit organization, private
landowner, or other entity for costs related to implementation
of the SHARE Program.
4)Provide that specified protections or remedies under law and
releases of liability applied to private landowners shall also
apply to nonprofit organizations or other entities
participating in the program.
5)Provide that financial compensation offered to a private
landowner for providing public access for wildlife-dependent
recreational activities on their lands through the SHARE
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Program shall not exceed $30 per acre or $50 per public
participant per day.
6)Clarify that a person who violates the prohibition against
willful interference with lawful hunting activity shall be
guilty of either an infraction, punishable by a fine of not
less than $100 or more than $1,000, or of a misdemeanor.
Provide that a person convicted of willful interference with
lawful hunting activity within two years of a prior conviction
is guilty of a misdemeanor, punishable by not more than one
year in jail or a fine of not less than $100 and not to exceed
$1,000, or by both the jail time and fine.
EXISTING LAW :
1)Requires persons in control of property for which a fee is
collected for the privilege of hunting on the property to
obtain a commercial hunting club license. Exempts from this
requirement a hunting club licensed under another code
section, a landowner who rents or leases property to a
licensed hunt club who is not involved in operation of the
club, and any person who receives less than $50 per person and
less than $500 total per year in fees for hunting on the
property.
2)Allows a commercial hunting club that leases more than one
property for hunting to submit one application listing each
property, and requires DFG to assess a separate license fee
for each property, at a base fee of $165.
3)Requires DFG to work cooperatively with nonprofit conservation
and other interested nongovernmental organizations to plan and
develop a program, known as the SHARE Program, to facilitate
public access to private property for wildlife-dependant
recreational activities, including hunting, fishing, wildlife
observation, conservation education and related outdoor
activities. Requires the FGC to verify that sufficient
private landowner and participant interest has been shown to
support the program.
4)Authorizes DFG, as part of the SHARE Program, to enter
voluntary agreements with private landowners that provide for
compensation to the landowner for public use of the land, not
to exceed $30 per acre, or to facilitate public access to
adjacent public land. Requires DFG to give greatest priority
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to lands with the greatest wildlife habitat value, and to
include in the SHARE Program private lands on which hunting is
not allowed for participation of the nonhunting public.
5)Establishes the SHARE Account and requires the Department of
Finance to verify sufficient funds are in the account to start
the program. Requires the Fish and Game Commission to adopt
regulations and fees to cover costs of implementation and
management of the SHARE Program. Authorizes DFG to impose
user fees or to apply for grants, federal funds, or other
nongovernmental sources to fund the SHARE Program.
6)Prohibits any General Fund monies from being used for the
SHARE Program, and requires appropriation by the Legislature
before any other moneys are made available for the program.
7)Makes it unlawful to interfere with lawful hunting activities.
A violation of this prohibition is an infraction, punishable
by a fine of not less than $100 and not more than $500 for a
first violation, and not less than $100 and not more than
$1,000 for a second violation.
AS PASSED BY THE ASSEMBLY this bill provided exemptions from the
requirement to obtain a commercial hunting club license and
established a fee schedule for those licenses; required DFG to
implement the SHARE program, authorized use of Fish and Game
Preservation Funds for the program, and required funds from
other sources specifically designated for purposes of the SHARE
program to be deposited in the SHARE account. This bill also
expanded the prohibition on interference with lawful hunting
activities and specified penalties for violations.
FISCAL EFFECT : According to the Senate Appropriations
Committee, estimated costs of $50,000 per year for
implementation of the SHARE program, potentially offset by fees
or federal funds. Minor absorbable costs for enforcement of
hunting laws. Unknown potential revenues from commercial
hunting club license fees (Fish and Game Preservation Fund).
COMMENTS : This bill modifies commercial hunting club licensure
requirements and establishes a new license fee structure,
updates existing law relating to the SHARE Program, and expands
penalties for interfering with lawful hunting activities. The
Senate amendments are clarifying and consistent with the
Assembly action. The amendments add an additional penalty
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provision for a second conviction of interference with lawful
hunting activity, and make clarifying changes to the SHARE
program provisions.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0003028