BILL NUMBER: SB 1179	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 19, 2010
	AMENDED IN SENATE  MARCH 24, 2010

INTRODUCED BY   Senator Hollingsworth

                        FEBRUARY 18, 2010

   An act to add Section 3040 to the Fish and Game Code, relating to
hunting.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1179, as amended, Hollingsworth. Free hunting days.
   Existing law generally requires a license to take a bird or
mammal. Existing law requires the Department of Fish and Game to
issue hunting licenses, upon payment of a fee, to eligible California
residents and nonresidents, as specified.
   Existing law authorizes the Director of Fish and Game to designate
not more than 2 days a year as free sportfishing days during which
residents and nonresidents may, without having a sportfishing license
and without the payment of any fee, exercise the privileges of a
holder of a sportfishing license, subject to all of the limitations,
restrictions, conditions, laws, rules, and regulations applicable to
the holder of a sportfishing license.
   This bill would require the department to establish 2 free hunting
days per year. The bill would permit a California resident who does
not possess a hunting license to hunt if accompanied by a 
person who holds a valid hunting license   licensed
hunter who meets prescribed requirements  and if the unlicensed
hunter  remains in the field of vision   is
under the direct visual supervision  of the licensed hunter at
all times. The bill would authorize the department to require  an
unlicensed hunter  to demonstrate the safe operation of the
firearm he or she intends to use prior to being authorized to
participate in a free hunting day. The bill would authorize the
department to prohibit unlicensed hunters hunting pursuant to these
provisions from taking certain species.
   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.  The Legislature finds and declares the following:
   (a) Hunters and fishermen, as the stewards of California wildlife,
have a long tradition of supporting California's natural resources
and wildlife through their efforts to enhance habitat and protect
species.
   (b) Hunters and fishermen fund the Department of Fish and Game
through their purchase of hunting and fishing licenses.
   (c) Two free fishing days exist under California law, and it is
the intent of the Legislature that two free hunting days be
established to permit California residents to engage in hunting under
certain conditions.
  SEC. 2.  Section 3040 is added to the Fish and Game Code, to read:
   3040.  (a) The commission, in consultation with the department,
shall designate two days per year as "Free Hunting Days." One free
hunting day shall be established during the fall hunting season, and
the other free hunting day shall be established during the winter
hunting season. The department shall publish the exact dates of the
free hunting days in annual publications of the department regarding
current hunting regulations.
   (b) During a free hunting day, a California resident who does not
possess a valid hunting license may hunt if accompanied by a hunter
who holds a valid hunting license issued by the State of California
 , has   held a valid hunting license for at least the
last three consecutive years, and is at least 18 years of age  ,
provided that the unlicensed hunter is under the direct visual
supervision of the licensed hunter at all times. A licensed hunter
may accompany more than one unlicensed hunter.
   (c) The department may require an unlicensed hunter, prior to
being authorized to participate in a free hunting day, to demonstrate
the safe operation of the firearm he or she intends to use. The
authorized individuals who may evaluate whether the unlicensed hunter
properly demonstrated the safe operation of a firearm are federally
licensed firearms dealers with a State Certificate of Eligibility, an
employee of such a federally licensed dealer, a Hunter Education
Instructor certified by the department, or a licensed hunter who has
held a valid hunting license for at least the last three consecutive
years. The department may accept a signed affidavit from any of the
authorized individuals as proof that the unlicensed hunter has
complied with this subdivision.
   (d) On free hunting days, the department may prohibit unlicensed
hunters hunting pursuant to this section from taking the following:
   (1) Any species that requires a draw or lottery to obtain a tag.
   (2) Any species that is subject to a federal stamp or reporting
requirement, unless federal law provides an applicable exemption.