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AB-1305 Junior hunting licenses: eligibility: age requirement.(2019-2020)

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Date Published: 06/18/2019 09:00 PM
AB1305:v98#DOCUMENT

Amended  IN  Senate  June 18, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1305


Introduced by Assembly Member Obernolte

February 22, 2019


An act to amend Section 17707.08 3031 of the Corporations Fish and Game Code, relating to limited liability companies. hunting.


LEGISLATIVE COUNSEL'S DIGEST


AB 1305, as amended, Obernolte. Limited liability companies. Junior hunting licenses: eligibility: age requirement.
Under existing law, a hunting license grants the privilege to take birds and mammals and is valid from July 1 to June 30 or, if issued after July 1, for the remainder of that term. Existing law requires the Department of Fish and Wildlife to issue various types of hunting licenses, including a discounted hunting license known as a junior hunting license, upon payment of a certain fee from an eligible applicant. Existing law provides that, until July 1, 2020, a person is eligible for a junior hunting license if the person is under 18 years of age on July 1 of the licensing year. Existing law provides that, on and after July 1, 2020, a person is eligible for a junior hunting license if the person is under 16 years of age on July 1 of the licensing year. Existing law makes conforming changes to certain other types of hunting licenses as a result of the age change for a junior hunting license.
This bill would extend the eligibility for a junior hunting license to a person who is under 18 years of age on July 1 of the licensing year until July 1, 2021.

The California Revised Uniform Limited Liability Company Act governs the formation, operation, and dissolution of limited liability companies. Existing law requires the managers, except as provided, of a limited liability company to file with the Secretary of State a certificate of dissolution of the limited liability company containing specified information upon the dissolution of the limited liability company.

Existing law requires the managers, except as provided, to file a certificate of cancellation with the Secretary of State upon the completion of the winding up the affairs of the limited liability company. Existing law requires, upon filing a certificate of cancellation, a limited liability company to be canceled and its powers, rights, and privileges be ceased. Existing law also provides for the limited existence of the limited liability company that has filed a certificate of cancellation for the purposes of winding up its affairs, prosecuting and defending actions by or against it in order to collect and discharge obligations, disposing of and conveying its property, and collecting and dividing its assets.

This bill would specify that the provision requiring a limited liability company that has filed a certificate of cancellation to be canceled and to cease all powers, rights, or privileges does not prevent the limited liability company from existing for the purpose of winding up its affairs.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 3031 of the Fish and Game Code, as amended by Section 5 of Chapter 295 of the Statutes of 2018, is amended to read:

3031.
 (a) A hunting license, granting the privilege to take birds and mammals, shall be issued to any of the following:
(1) A resident of this state, 18 years of age or older, upon the payment of a base fee of thirty-one dollars and twenty-five cents ($31.25).
(2) A resident or nonresident, who is under 18 years of age on July 1 of the licensing year, upon the payment of a base fee of eight dollars and twenty-five cents ($8.25), regardless of whether that person applies before or after July 1 of that year. A license issued pursuant to this paragraph shall be known as a junior hunting license and a person who holds one of these licenses shall be known as a junior hunter.
(3) A nonresident, 18 years of age or older, upon the payment of a base fee of one hundred eight dollars and fifty cents ($108.50).
(4) A nonresident, 18 years of age or older, valid only for two consecutive days upon payment of the fee set forth in paragraph (1). A license issued pursuant to this paragraph is valid only for taking resident and migratory game birds, resident small game mammals, fur-bearing mammals, and nongame mammals, as defined in this code or in regulations adopted by the commission.
(5) A nonresident, valid for one day and only for the taking of domesticated game birds and pheasants while on the premises of a licensed game bird club, or for the taking of domesticated migratory game birds in areas licensed for shooting those birds, upon the payment of a base fee of fifteen dollars ($15).
(b) The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(c) The commission shall adjust the amount of the fees specified in subdivision (b), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(d) A person who is 16 or 17 years of age, is in possession of a valid junior hunting license, and is issued an entry permit pursuant to Section 551 of Title 14 of the California Code of Regulations may hunt in the area described in the entry permit unaccompanied by a person over 18 years of age but shall not be accompanied by a person under 16 years of age.

(e)This section shall remain in effect only until July 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.

(e) This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed.

SEC. 2.

 Section 3031 of the Fish and Game Code, as amended by Section 6 of Chapter 295 of the Statutes of 2018, is amended to read:

3031.
 (a) A hunting license, granting the privilege to take birds and mammals, shall be issued to any of the following:
(1) A resident of this state, 16 years of age or older, upon the payment of a base fee of thirty-one dollars and twenty-five cents ($31.25).
(2) A resident or nonresident, who is under 16 years of age on July 1 of the licensing year, upon the payment of a base fee of eight dollars and twenty-five cents ($8.25), regardless of whether that person applies before or after July 1 of that year. A license issued pursuant to this paragraph shall be known as a junior hunting license and a person who holds one of these licenses shall be known as a junior hunter.
(3) A nonresident, 16 years of age or older, upon the payment of a base fee of one hundred eight dollars and fifty cents ($108.50).
(4) A nonresident, 16 years of age or older, valid only for two consecutive days upon payment of the fee set forth in paragraph (1). A license issued pursuant to this paragraph is valid only for taking resident and migratory game birds, resident small game mammals, fur-bearing mammals, and nongame mammals, as defined in this code or in regulations adopted by the commission.
(5) A nonresident, valid for one day and only for the taking of domesticated game birds and pheasants while on the premises of a licensed game bird club, or for the taking of domesticated migratory game birds in areas licensed for shooting those birds, upon the payment of a base fee of fifteen dollars ($15).
(b) The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(c) The commission shall adjust the amount of the fees specified in subdivision (b), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(d) A person who is 16 or 17 years of age, is in possession of a valid resident or nonresident hunting license, and is issued an entry permit pursuant to Section 551 of Title 14 of the California Code of Regulations may hunt in the area described in the entry permit unaccompanied by a person over 18 years of age but shall not be accompanied by a person under 16 years of age.
(e) This section shall become operative on July 1, 2020. 2021.

SECTION 1.Section 17707.08 of the Corporations Code is amended to read:
17707.08.

(a)(1)The managers shall sign and cause to be filed in the office of, and on a form prescribed by, the Secretary of State, a certificate of dissolution upon the dissolution of the limited liability company pursuant to this article, unless the event causing the dissolution is that specified in subdivision (c) of Section 17707.01, in which case the persons conducting the winding up of the limited liability company’s affairs pursuant to Section 17707.04 shall have the obligation to sign and cause to be filed the certificate of dissolution.

(2)The certificate of dissolution shall set forth all of the following:

(A)The name of the limited liability company and the Secretary of State’s file number.

(B)Any other information the persons filing the certificate of dissolution determine to include.

(C)The event listed in Section 17707.01 causing dissolution.

(3)If a dissolution pursuant to subdivision (b) of Section 17707.01 is made by the vote of all of the members and a statement to that effect is added to the certificate of cancellation of articles of organization pursuant to subdivision (b), the separate filing of a certificate of dissolution pursuant to this subdivision is not required.

(b)(1)The managers shall sign and cause to be filed in the office of, and on a form prescribed by, the Secretary of State, a certificate of cancellation of articles of organization upon the completion of the winding up of the affairs of the limited liability company pursuant to Section 17707.06, unless the event causing the dissolution is that specified in subdivision (c) of Section 17707.01, in that case the persons conducting the winding up of the limited liability company’s affairs pursuant to Section 17707.04 shall have the obligation to sign and cause to be filed the certificate of cancellation of articles of organization.

(2)The certificate of cancellation of articles of organization shall set forth all of the following:

(A)The name of the limited liability company and the Secretary of State’s file number.

(B)That a final franchise tax return, as described by Section 23332 of the Revenue and Taxation Code, or a final annual tax return, as described by Section 17947 of the Revenue and Taxation Code, has been or will be filed with the Franchise Tax Board, as required under Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code.

(C)That upon the filing of the certificate of cancellation, the limited liability company shall be canceled and its powers, rights, and privileges shall cease.

(D)Any other information the persons filing the certificate of cancellation of articles of organization determine to include.

(3)The Secretary of State shall notify the Franchise Tax Board of the filing.

(c)Upon filing a certificate of cancellation pursuant to subdivision (b), a limited liability company shall be canceled and its powers, rights, and privileges shall cease, except as provided in Section 17707.06.