BILL ANALYSIS
SB 1179
Page 1
SENATE THIRD READING
SB 1179 (Hollingsworth)
As Amended August 2, 2010
Majority vote
SENATE VOTE :28-6
WATER, PARKS & WILDLIFE 12-0APPROPRIATIONS 17-0
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|Ayes:|Huffman, Fuller, |Ayes:|Fuentes, Conway, |
| |Anderson, Arambula, Tom | |Bradford, |
| |Berryhill, Blumenfield, | |Huffman, Coto, Davis, De |
| |Caballero, De La Torre, | |Leon, Gatto, Hall, |
| |Fletcher, Gatto, Bonnie | |Harkey, Miller, Nielsen, |
| |Lowenthal, Salas | |Norby, Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
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SUMMARY : Authorizes the Department of Fish and Game (DFG) to
designate two free hunt days per year. Specifically, this bill :
1)Authorizes the Director of DFG to designate two free hunting
days per year, one during the Fall hunt season and one during
the winter season. Requires DFG to publish the dates of the
free hunt days.
2)Authorizes a California resident to hunt during a free hunt
day if accompanied by a licensed hunter who meets certain
specified requirements, and requires that the unlicensed
hunter stay in close visual and verbal contact with the
licensed hunter at all times. Requires that the licensed
supervising hunter be at least 21 years old, licensed to hunt
for at least the last three consecutive years, and accompany
only one unlicensed hunter in the field at a time.
3)Provides that an unlicensed hunter may only participate in the
free hunting days for one license year, and requires that the
unlicensed hunter complete a hunter education course approved
by DFG and register with DFG prior to participating in a free
hunting day.
4)Requires that an unlicensed hunter participating in a free
hunting day must have in his or her possession a certificate
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of completion of a hunter education course, and any required
tags, report cards, federal entitlements, and required entry
permits.
5)Provides that the unlicensed hunter shall be subject to all of
the limitations, restrictions, conditions, statutes, rules and
regulations applicable to licensed hunters, except the
requirement to possess a valid hunting license.
6)Prohibits an unlicensed hunter participating in a free hunting
day from taking any species that requires a draw or lottery to
obtain a tag.
7)Authorizes DFG to adopt additional minimum requirements and
restrictions for participating in a free hunting day.
8)Prohibits this bill from being implemented until DFG's
Automated License Data System (ALDS) is fully operational for
at least one year.
9)Makes legislative findings and declarations regarding the
contributions of hunters and fishermen and the fact that the
state allows for two free fishing days, and states legislative
intent to similarly allow for two free hunting days.
EXISTING LAW requires:
1)Possession of a hunting license to take birds or mammals in
California. Provides for issuance of hunting licenses to
residents and nonresidents upon payment of specified fees.
2)Completion of a hunting education course as a condition of
obtaining a hunting license. Hunter education courses are a
minimum of 10 hours and cover firearm safety and handling,
sportsmanship and ethics, wildlife management and
conservation, archery, black powder, wildlife identification,
game care, first aid, and survival.
3)Possession of a fishing license to take fish. Authorizes DFG
to designate 2 free fishing days per year.
FISCAL EFFECT :
1)Potential annual costs to DFG of an unknown amount, but likely
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around $125,000, to deploy additional enforcement staff on
free hunting days, many of who will receive overtime pay
(Fish and Game Preservation Fund (FGPF)).
2)Minor costs to DFG to administer the program and, if it
chooses, to adopt additional minimum requirements for Free
Hunting Days.
3)Potential annual loss in revenue to DFG of an unknown but
likely minor amount to the extent residents participate in
Free Hunting Days instead of purchasing hunting licenses
(FGPF).
COMMENTS : This bill authorizes DFG to designate two free
hunting days per year, during which California residents who
meet certain conditions would be allowed to hunt for free
without obtaining a hunting license. Unlicensed hunters would
be required to be accompanied by a licensed hunter who is at
least 21 years of age, would be required to complete a hunting
education course approved by DFG and would be required to
register with DFG prior to participating in a free hunt day.
The requirement in this bill for participants to first complete
a hunter education course is consistent with prior policies
established by the Legislature, which enacted hunting education
requirements in order to ensure the health and safety of hunters
and to reflect the Legislature's intent that hunters be aware of
their responsibilities to others, towards wildlife, and toward
the natural environment. Hunter education courses cover not
only safe operation of firearms, but also include education on
wildlife management and conservation, sportsmanship and ethics,
and other related topics. The hunter education course
requirement also serves as a quasi-age limit for hunters, since
very young children are not generally capable of completing the
course. The course includes both an online and an in-person
component. According to DFG's Web site, hunting accidents of
all types have declined substantially with the hunter education
course requirement.
Under the terms of this bill, implementation of the free hunt
days is required to be delayed until DFG's ALDS system is fully
operational. Currently, DFG has no way of tracking whether
someone has previously participated in a free hunt day or
whether a proposed supervising hunter has been continually
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licensed for the prior three years and meets the eligibility
criteria to be a supervisor.
Supporters assert that this bill provides parity with fishing
since DFG is already authorized to designate two free fishing
days per year. They also contend that by allowing persons who
have never hunted before to try it out before purchasing a
license, this bill could introduce new hunters to the sport who
may then elect to purchase licenses in the future. The author
also cites statistics from the National Shooting Sports
Foundation indicating that accidental firearms fatalities are at
an all time low, the injury rate of hunting compared to other
types of recreation, and the impact of the firearms industry on
California's economy.
Amendments adopted in the Assembly policy committee addressed
opposition concerns.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0005993