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AB-2429 Hunting and fishing guides.(2019-2020)

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Date Published: 02/19/2020 09:00 PM
AB2429:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2429


Introduced by Assembly Member Irwin

February 19, 2020


An act to amend, repeal, and add Sections 2538 and 2541 of, and to add Section 2538.5 to, the Fish and Game Code, relating to fish and wildlife.


LEGISLATIVE COUNSEL'S DIGEST


AB 2429, as introduced, Irwin. Hunting and fishing guides.
Existing law requires a person who engages in the business of guiding or packing, or who acts as a guide for any consideration or compensation, to first obtain a guide license from the Department of Fish and Wildlife before engaging in those activities. Existing law requires an application for a guide license to contain specified information and requires an applicant to submit proof of having obtained a surety bond in the amount of not less than $1,000 as a condition of receiving a license.
A violation of any provision of the Fish and Game Code, or any rule, regulation, or order made or adopted under those provisions, is a misdemeanor, unless otherwise specified. An existing provision of the Fish and Game Code makes it a crime to submit, or conspire to submit, any false, inaccurate, or otherwise misleading information on any application or other document offered or otherwise presented to the department for any purpose, including obtaining a license pursuant to the Fish and Game Code or regulations adopted pursuant to the code.
This bill would increase the amount of the above-described surety bond to $2,500 and would require an applicant for a guide license to submit proof of compliance with various other requirements as a condition of receiving a guide license. Because submission of false, inaccurate, or otherwise misleading information in a guide application to the department pursuant to these provisions would be a crime, this bill would impose a state-mandated local program. The bill would require the Fish and Game Commission, in consultation with the department and licensed guides, to adopt a visual system of guide identification stickers, as specified, and would require a guide to use the guide identification sticker when providing guiding or packing services to a client. Because a violation of the requirement to use a guide identification sticker would be a crime, this bill would impose a state-mandated local program.
The bill would make these provisions operative on January 1, 2022.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 (a) It is the intent of the Legislature that professional guide services be provided at the highest possible standards to ensure the safety of the recreating public, compliance with applicable wildlife laws, and stewardship of California’s natural resources.
(b) It is the intent of the Legislature that persons offering services of licensed guides comply with all required statutory and regulatory requirements, including a background check, drug testing, surety bonds and commercial insurance, CPR and first aid training, and requirements to obtain valid licenses for operating motorized vehicles and powered vessels for transporting passengers, as applicable.
(c) It is the intent of the Legislature that any fee increase associated with the requirements of this act for guide and charter boat licenses will be used by the Department of Fish and Wildlife to verify compliance with requirements applicable to persons operating under those licenses. It is the intent of the Legislature that any surplus funds should be directed to increasing funding for in-field law enforcement purposes.

SEC. 2.

 Section 2538 of the Fish and Game Code is amended to read:

2538.
 (a) An application for a guide license shall be on a form furnished by the department on request. The application shall show all of the following:

(a)

(1) The name, date of birth, physical description, age, address, and telephone number, if any, of the applicant.

(b)

(2) The area or areas of the state in which the applicant proposes to operate.

(c)

(3) The type of guiding or packing in which the applicant proposes to engage.

(d)

(4) The experience which that qualifies the applicant for the type of guiding or packing he or she the applicant proposes to conduct.

(e)

(5) The type and amount of the equipment, vehicles, animals, and other property the applicant proposes to use in his or her their operations.

(f)

(6) Any other information that the department or the commission may require.
(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 3.

 Section 2538 is added to the Fish and Game Code, to read:

2538.
 (a) An application for a guide license shall be on a form furnished by the department on request. The application shall show all of the following:
(1) The name, date of birth, physical description, age, address, and telephone number, if any, of the applicant.
(2) The area or areas of the state in which the applicant proposes to operate.
(3) The type of guiding or packing in which the applicant proposes to engage.
(4) The experience that qualifies the applicant for the type of guiding or packing the applicant proposes to conduct.
(5) The type and amount of the equipment, vehicles, animals, and other property the applicant proposes to use in their operations.
(6) If the applicant proposes to transport clients in a motor vehicle, proof of a valid driver’s license that authorizes the applicant to operate the vehicle.
(7) If the applicant proposes to transport clients in a powered vessel in navigable waters, proof of compliance with the requirements specified in subdivision (b) of Section 2541.
(8) Any other information that the department or the commission may require.
(b) This section shall become operative on January 1, 2022.

SEC. 4.

 Section 2538.5 is added to the Fish and Game Code, to read:

2538.5.
 (a) In order to aid fish and game wardens in enforcement, the commission, in consultation with the department and guides licensed pursuant to this chapter, shall adopt a visual system of guide identification stickers using colors and geometric patterns modeled after identification systems used in other states.
(b) Upon the adoption of the system pursuant to subdivision (a), the commission shall require a guide to use the guide identification sticker when providing guiding or packing services to a client.
(c) The system adopted pursuant to this section shall become operative on January 1, 2022.

SEC. 5.

 Section 2541 of the Fish and Game Code is amended to read:

2541.
 (a) Each applicant for a guide license shall submit proof of having obtained a surety bond in the amount of not less than one thousand dollars ($1,000) which that shall insure faithful performance of the guide and his or her the guide’s agents or employees in fulfilling their responsibilities to their clients. No A guide license shall not be issued to any applicant who does not submit proof of having a bond which that is valid for the term of the license.
(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 6.

 Section 2541 is added to the Fish and Game Code, to read:

2541.
 (a) Each applicant for a guide license shall submit proof of having obtained all of the following:
(1) A surety bond in the amount of not less than two thousand five hundred dollars ($2,500) that is valid for the term of the license and that shall insure faithful performance of the guide and the guide’s agents or employees in fulfilling their responsibilities to their clients.
(2) A CPR certification that is valid for the term of the license.
(3) A certification demonstrating knowledge of first aid and basic rescue operations that is valid for the term of the license.
(4) Commercial liability insurance coverage for the operation of the guide or packing service that is valid for the term of the license in the amount of no less than one million dollars ($1,000,000).
(b) Each applicant for a guide license who proposes to carry passengers in a powered vessel in navigable waters shall do all of the following:
(1) Submit proof of holding a valid United States Merchant Mariner Credential or United States Coast Guard license.
(2) Submit proof of obtaining a valid United States Coast Guard certificate of inspection for the vessel if the vessel carries more than six passengers, in compliance with applicable United States Coast Guard standards.
(3) Certify that the vessel has the safety equipment required by the United States Coast Guard.
(c) Each applicant for a guide license shall submit proof of having passed a drug test within two years from the date of the application or be enrolled in a random drug testing program.
(d) (1) Each applicant for a guide license shall submit proof of a Department of Justice criminal background check taken within five years from the date of the application.
(2) An applicant who holds a valid United States Merchant Mariner Credential is exempt from the requirement imposed pursuant to paragraph (1).
(e) A guide license shall not be issued to any applicant who does not submit proof of having complied with the requirements of this section.
(f) This section shall become operative on January 1, 2022.

SEC. 7.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.