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SB-187 Sport fishing licenses: duration.(2017-2018)

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Date Published: 05/03/2017 09:00 PM
SB187:v97#DOCUMENT

Amended  IN  Senate  May 03, 2017
Amended  IN  Senate  February 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 187


Introduced by Senator Berryhill
(Coauthors: Senators Anderson, Bates, Bradford, Fuller, Gaines, and Nielsen Nielsen, and Vidak)
(Coauthors: Assembly Members Acosta, Bigelow, Brough, Chávez, Gallagher, Harper, Lackey, Maienschein, Mathis, Mayes, Salas, Steinorth, Voepel, and Waldron)

January 25, 2017


An act to amend amend, add, and repeal Section 7149.05 of the Fish and Game Code, relating to fishing.


LEGISLATIVE COUNSEL'S DIGEST


SB 187, as amended, Berryhill. Sport fishing licenses: duration.
Existing law requires every person 16 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit to first obtain a sport fishing license for that purpose, with specified exceptions, and to have that license on his or her person or in his or her immediate possession when engaged in carrying out any activity authorized by the license. Existing law requires a resident or a nonresident, 16 years of age or older, upon payment of a specified fee, to be issued a sport fishing license for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof. Existing law also requires the issuance of shorter term licenses upon payment of a specified lesser fee. Existing law requires the Fish and Game Commission to adjust the amount of the fees, as prescribed, to fully recover, but not exceed, all reasonable administrative and implementation costs of the Department of Fish and Wildlife and the commission relating to those licenses. Existing law specifies that the requirements for issuance of a license only apply to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.
This bill would instead require a resident or a nonresident, 16 years of age or older, upon payment of the a specified fee, to be issued a sport fishing license for the period of 12 consecutive months beginning on the date specified on the license. license, instead of for the period of a calendar year, or the remainder thereof. The bill would require the commission to include, among the costs required to be recovered by an adjustment of the fee amount, transition costs related to the new licensing period. The bill would require the Department of Fish and Wildlife to collect all relevant and appropriate information necessary to justify the amount of the sport fishing license fees, including information about enforcement costs. The bill would require the department to submit to the Legislature a written report on the implementation of the new licensing period that also includes the information collected to justify the amount of the fees for licenses issued for the new licensing period. The bill would delete the provision specifying that the license issuance requirements only apply to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. The provisions of this bill would be operative beginning January 1, 2020, until January 1, 2025, except for the change regarding the Automated License Data System, which would be operative on January 1, 2018.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 7149.05 of the Fish and Game Code is amended to read:

7149.05.
 (a) A sport fishing license granting the privilege to take any fish, reptile, or amphibia amphibian anywhere in this state for purposes other than profit shall be issued to any of the following:
(1) A resident, 16 years of age or older, for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof, upon payment of a base fee of thirty-one dollars and twenty-five cents ($31.25).
(2) A nonresident, 16 years of age or older, for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof, upon payment of a base fee of eighty-four dollars ($84).
(3) A nonresident, 16 years of age or older older, for the period of 10 consecutive days beginning on the date specified on the license upon payment of the fee set forth in paragraph (1).
(4) A resident or nonresident, 16 years of age or older, for two designated days, upon payment of one-half the fee set forth in paragraph (1). Notwithstanding Section 1053, 1053.1, more than one single day license issued for different days may be issued to, or possessed by, a person at one time.
(5) A resident or nonresident, 16 years of age or older, for one designated day upon payment of a base fee of ten dollars ($10).
(b) California sport fishing license validations shall be issued by authorized license agents in the same manner as sport fishing licenses, and no compensation shall be paid to the authorized license agent for issuing the validations except as provided in Section 1055.1.

(c)This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.

(d)

(c) 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)

(d) The commission shall adjust the amount of the fees specified in subdivision (d), (c), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(e) This section shall become inoperative beginning January 1, 2020, through January 1, 2025.

SEC. 2.

 Section 7149.05 is added to the Fish and Game Code, to read:

7149.05.
 (a) A sport fishing license granting the privilege to take any fish, reptile, or amphibian anywhere in this state for purposes other than profit shall be issued to any of the following:
(1) A resident, 16 years of age or older, for the period of 12 consecutive months beginning on the date specified on the license, upon payment of a base fee of thirty-one dollars and twenty-five cents ($31.25).
(2) A nonresident, 16 years of age or older, for the period of 12 consecutive months beginning on the date specified on the license, upon payment of a base fee of eighty-four dollars ($84).
(3) A nonresident, 16 years of age or older, for the period of 10 consecutive days beginning on the date specified on the license upon payment of the fee set forth in paragraph (1).
(4) A resident or nonresident, 16 years of age or older, for two designated days, upon payment of one-half the fee set forth in paragraph (1). Notwithstanding Section 1053.1, more than one single day license issued for different days may be issued to, or possessed by, a person at one time.
(5) A resident or nonresident, 16 years of age or older, for one designated day upon payment of a base fee of ten dollars ($10).
(b) California sport fishing license validations shall be issued by authorized license agents in the same manner as sport fishing licenses, and no compensation shall be paid to the authorized license agent for issuing the validations except as provided in Section 1055.1.
(c) The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(d) (1) The commission shall adjust the amount of the fees specified in subdivision (c), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses. For licenses issued under paragraphs (1) and (2) of subdivision (a), administrative and implementation costs shall include all transition costs related to the new licensing periods that are reflected in those paragraphs as of the operative date of this section.
(2) The department shall collect all relevant and appropriate information necessary to justify the amount of the fees assessed pursuant to this section, including information about enforcement costs relating to licenses issued pursuant to this section.
(e) This section shall become operative on January 1, 2020.
(f) (1) On or before December 1, 2023, the department shall submit to the Legislature a written report on the implementation of the new licensing periods that are reflected in paragraphs (1) and (2) of subdivision (a). The report shall also include the information collected pursuant to paragraph (2) of subdivision (d) regarding fees assessed for licenses issued for the new licensing periods.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(g) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

SECTION 1.Section 7149.05 of the Fish and Game Code is amended to read:
7149.05.

(a)A sport fishing license granting the privilege to take any fish, reptile, or amphibian anywhere in this state for purposes other than profit shall be issued to any of the following:

(1)A resident, 16 years of age or older, for the period of 12 consecutive months beginning on the date specified on the license, upon payment of a base fee of thirty-one dollars and twenty-five cents ($31.25).

(2)A nonresident, 16 years of age or older, for the period of 12 consecutive months beginning on the date specified on the license, upon payment of a base fee of eighty-four dollars ($84).

(3)A nonresident, 16 years of age or older for the period of 10 consecutive days beginning on the date specified on the license upon payment of the fee set forth in paragraph (1).

(4)A resident or nonresident, 16 years of age or older, for two designated days, upon payment of one-half the fee set forth in paragraph (1). Notwithstanding Section 1053.1, more than one single day license issued for different days may be issued to, or possessed by, a person at one time.

(5)A resident or nonresident, 16 years of age or older, for one designated day upon payment of a base fee of ten dollars ($10).

(b)California sport fishing license validations shall be issued by authorized license agents in the same manner as sport fishing licenses, and no compensation shall be paid to the authorized license agent for issuing the validations except as provided in Section 1055.1.

(c)The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.

(d)The commission shall adjust the amount of the fees specified in subdivision (c), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.