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SB-410 Hunting and fishing guides.(2019-2020)

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Date Published: 02/20/2019 09:00 PM
SB410:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 410


Introduced by Senator Nielsen

February 20, 2019


An act to amend, repeal, and add Sections 2538, 2540, and 2541 of, and to add Section 2538.5 to, the Fish and Game Code, relating to fish and wildlife.


LEGISLATIVE COUNSEL'S DIGEST


SB 410, as introduced, Nielsen. 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. Existing law sets the fee for a guide license at $150 for a resident and $350 for a nonresident beginning in the 2004 license year and requires those fees to be adjusted annually pursuant to a specified index. Under existing law, a guide license is valid from February 1 to January 31 of the succeeding year or, if issued after February 1, for the remainder of the license year.
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 of Fish and Wildlife for any purpose, including obtaining a license pursuant to the Fish and Game Code or regulations adopted pursuant to the code.
This bill would change the valid period of a guide license to the period of a calendar year, as provided, and would make related conforming changes. The bill would increase the fee required for a guide license to an unspecified amount. The 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 sticker would be a crime, this bill would impose a state-mandated local program.
The bill would make these provisions operative on January 1, 2021.
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.

 It is the intent of the Legislature to increase the fees required for guide licenses issued by the Department of Fish and Wildlife and to require the increased revenue to be used by the department to verify compliance with requirements applicable to persons operating under those licenses, including increasing funding for in-field enforcement.

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, 2021, 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) Any other information that the department or the commission may require.
(b) This section shall become operative on January 1, 2021.

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, 2021.

SEC. 5.

 Section 2540 of the Fish and Game Code is amended to read:

2540.
 (a) The base fee for a guide license issued to a resident is one hundred fifty dollars ($150).
(b) The base fee for a guide license issued to a nonresident is three hundred fifty dollars ($350).

(c)A

(c) (1) Except as provided in paragraph (2), a guide license is valid for the license year beginning on February 1 and ending on January 31 of the succeeding year or, if issued after the beginning of the license year, for the remainder of that license year.
(2) For the license year beginning on February 1, 2020, a guide license is valid for the period beginning on February 1, 2020, and ending on December 31, 2020, or, if issued after the beginning of that period, for the remainder of that period.
(d) The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(e) The commission shall adjust the amount of the fees specified in subdivisions (a), (b), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(f) The department shall reduce the license fee required for a license that is valid for the period described in paragraph (2) of subdivision (c) by one-twelfth of the amount of the required license fee.
(g) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 6.

 Section 2540 is added to the Fish and Game Code, to read:

2540.
 (a) The base fee for a guide license issued to a resident is ____.
(b) The base fee for a guide license issued to a nonresident is ____.
(c) A guide license is valid for the period of a calendar year or, if issued after the beginning of the year, for the remainder of the year.
(d) The base fees specified in this section are applicable to the 2021 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(e) The commission shall adjust the amount of the fees specified in subdivisions (a), (b), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(f) This section shall become operative on January 1, 2021.

SEC. 7.

 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, 2021, and as of that date is repealed.

SEC. 8.

 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) 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 both of the following:
(1) Submit proof of holding a valid United States Coast Guard license.
(2) Submit proof of obtaining a United States Coast Guard certificate of inspection for the vessel if the vessel carries more than six passengers.
(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 and a Department of Justice criminal background check.
(d) A guide license shall not be issued to any applicant who does not submit proof of having complied with the requirements of this section.
(e) This section shall become operative on January 1, 2021.

SEC. 9.

 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.