SB 1081: Hunting and sport fishing: free and reduced license fees: veterans.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-03-28
(1)Under existing law, a hunting license grants the privilege to take birds and mammals. Existing law requires the Department of Fish and Wildlife to issue a hunting license for a term of one year, as provided, upon payment of a fee, to eligible residents and nonresidents. Existing law requires the department to issue a reduced fee hunting license for a term of one year, as provided, upon payment of a reduced fee, to a disabled veteran or recovering service member, as specified. Existing law requires these fees to be adjusted annually according to a specified index. Under existing law, the department issues tags, validations, and other entitlements upon payment of specified fees that are required in addition to a valid hunting license to take specified birds and mammals for purposes other than commercial purposes.
This bill would instead require the department to issue a free hunting license, upon application to the department, to a disabled veteran or recovering service member and would require the department, department to issue a reduced fee hunting license, upon application and payment of a fee of $5, to a veteran of the Armed Forces of the United States who was honorably discharged. The bill would prohibit the reduced hunting license fee from being adjusted pursuant to the specified index. The bill would require the department to reduce the fee required for a tag, validation, or other entitlement by 50% for a person who receives a reduced fee hunting license for veterans and would prohibit the department from charging a person who receives a free hunting license for disabled veterans or recovering service members a fee for these entitlements.
(2)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 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 the department to issue a sport fishing license for the period of a calendar year, as provided, upon payment of a specified fee, to eligible residents and nonresidents. Existing law requires the department to issue a reduced fee sport fishing license to for the period of a calendar year upon payment of a reduced fee to a disabled veteran or recovering service member, as specified. Existing law requires these fees to be adjusted annually according to a specified index. Under existing law, the department issues sport fishing report cards and validations upon payment of specified fees that authorize various activities relating to the taking and possession of amphibians, reptiles, and fish for purposes other than profit.
This bill would instead require the department to issue a free sport fishing license, upon application to the department, to a disabled veteran or recovering service member and would require the department to issue a reduced fee sport fishing license, upon application and payment of a fee of $5, to a veteran of the Armed Forces of the United States who was honorably discharged. The bill would prohibit this reduced fishing license fee from being adjusted pursuant to the specified index. The bill would require the department to reduce the fee required to obtain a sport fishing report card, validation, or other entitlement by 50% for a person who receives a reduced fee sport fishing license for veterans and would prohibit the department from charging a person who receives a free sport fishing license for disabled veterans or recovering service members a fee for these entitlements.
(1)Under existing law, a hunting license grants the privilege to take birds and mammals. Existing law requires the Department of Fish and Wildlife to issue a hunting license for a term of one year, as provided, upon payment of a fee, to eligible residents and nonresidents. Existing law requires the department to issue a reduced fee hunting license for a term of one year, as provided, upon payment of a reduced fee, to a disabled veteran or recovering service member, as specified. Existing law requires these fees to be adjusted annually according to a specified index.
This bill would instead require the department to issue a free hunting license, upon application to the department, to a disabled veteran or recovering service member and would require the department, to issue a reduced fee hunting license, upon application and payment of a fee of $5, to a veteran of the Armed Forces of the United States who was honorably discharged. The bill would prohibit the reduced hunting license fee from being adjusted pursuant to the specified index.
(2)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 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 the department to issue a sport fishing license for the period of a calendar year, as provided, upon payment of a specified fee, to eligible residents and nonresidents. Existing law requires the department to issue a reduced fee sport fishing license to for the period of a calendar year upon payment of a reduced fee to a disabled veteran or recovering service member, as specified. Existing law requires these fees to be adjusted annually according to a specified index.
This bill would instead require the department to issue a free sport fishing license, upon application to the department, to a disabled veteran or recovering service member and would require the department to issue a reduced fee sport fishing license, upon application and payment of a fee of $5, to a veteran of the Armed Forces of the United States who was honorably discharged. The bill would prohibit this reduced fishing license fee from being adjusted pursuant to the specified index.
(a)Pursuant to this section, the department shall issue to a disabled veteran or recovering service member who has not been convicted of a violation of this code a free hunting license that authorizes the licensee to take a bird or mammal as authorized by this code and regulations adopted pursuant to this code.
(b)The license issued pursuant to this section shall be issued free of any charge or fee.
(c)For the purposes of this section, the following terms have the following meanings:
(1)Disabled veteran means a person having a 50 percent or greater service-connected disability and an honorable discharge from military service.
(2)Recovering service member means a member of the military who meets the definition of recovering service member in Section 1602(7) of the federal National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181).
(d)A person applying for a free hunting license shall submit to the department adequate documentation for the department to determine whether the person is, in fact, eligible for a free hunting license. The department shall not issue a free hunting license to a person unless it is satisfied that the person has provided adequate documentation of eligibility for that license.
(e)A disabled veteran shall submit the following documentation:
(1)Proof of an honorable discharge from military service.
(2)Proof of the disability described in paragraph (1) of subdivision (c), either by certification from the United States Department of Veterans Affairs or by presentation of a license issued pursuant to this section in the preceding license year.
(f)A recovering service member shall submit a letter to the department stating that the person is a recovering service member as defined in subdivision (d), from either that persons commanding officer or a military medical doctor. The letter may be submitted either in hard copy form or online.
(g)Notwithstanding subdivision (c) of Section 3031 and subdivision (f) of Section 3031.2, the commission shall not increase the fees required to obtain the licenses specified in Sections 3031 and 3031.2 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit.
(h)(1)The department shall not charge a person who receives a free hunting license pursuant to this section a fee to obtain a tag, validation, or other entitlement required in addition to a valid hunting license to take a bird or mammal.
(2)Notwithstanding any other law, the commission shall not increase the fee required to obtain a tag, validation, or other entitlement for a person not receiving the discount pursuant to this subdivision to recover the cost of providing the discount.
SEC. 2.Section 3034 is added to the Fish and Game Code, to read:3034.(a)Upon application pursuant to this section and payment of a fee of five dollars ($5), the department shall issue to a veteran of the Armed Forces of the United States, who was honorably discharged and who has not been convicted of a violation of this code, a reduced fee hunting license that authorizes the licensee to take a bird or mammal as authorized by this code and regulations adopted pursuant to this code.
(b)The license fee for a reduced fee hunting license shall be not be adjusted pursuant to Section 713.
(c)A person applying for a reduced fee hunting license shall submit to the department adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee hunting license. The department shall not issue a reduced fee hunting license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license.
(d)Notwithstanding subdivision (c) of Section 3031 and subdivision (f) of Section 3031.2, the commission shall not increase the fees required to obtain the licenses specified in Sections 3031 and 3031.2 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit.
(e)(1)The department shall reduce the fee for a tag, validation, or other entitlement required in addition to a valid hunting license to take a bird or mammal by 50 percent for a person who receives a reduced fee hunting license pursuant to this section.
(2)Notwithstanding any other law, the commission shall not increase the fee required to obtain a tag, validation, or other entitlement for a person not receiving the discount pursuant to this subdivision to recover the cost of providing the discount.
SEC. 3.Section 7150 of the Fish and Game Code is amended to read:7150.(a)Upon application to the departments headquarters office in Sacramento and payment of a base fee of four dollars ($4), as adjusted pursuant to Section 713, a person who meets the eligibility requirements specified in subdivision (b) shall be issued a reduced fee sport fishing license that is valid for one year as specified in paragraphs (1) and (2) of subdivision (a) of Section 7149.05 and that authorizes the licensee to take any fish, reptile, or amphibians anywhere in this state as otherwise authorized pursuant to this code and regulations adopted pursuant thereto for purposes other than profit.
(b)A person who meets the following requirements shall be eligible for a reduced fee license pursuant to this section:
(1)The person has not been convicted of any violation of this code.
(2)The person is over 65 years of age.
(3)The person is a resident of this state.
(4)The persons total monthly income from all sources, including any old age assistance payments, does not exceed the amount in effect on September 1 of each year contained in subdivision (c) of Section 12200 of the Welfare and Institutions Code for single persons or subdivision (d) of Section 12200 of the Welfare and Institutions Code combined income for married persons, as adjusted pursuant to that section. The amount in effect on September 1 of each year shall be the amount used to determine eligibility for a reduced fee license during the following calendar year.
(c)A person applying for a reduced fee sport fishing license shall submit adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee sport fishing license. The documentation shall be in the form of a letter or other document, as specified by the department, from a public agency. The department shall not issue a reduced fee sport fishing license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license.
(d)The adjustment of the base fee pursuant to Section 713 specified in subdivision (a) shall be applicable to the fishing license years beginning on or after January 1, 1996.
SEC. 4.Section 7150.5 is added to the Fish and Game Code, to read:7150.5.(a)Upon application to the departments headquarters office in Sacramento and payment of a fee of five dollars ($5), a veteran of the Armed Forces of the United States, who was honorably discharged and who has not been convicted of any violation of this code, shall be issued a reduced fee sport fishing license that is valid for one year as specified in paragraphs (1) and (2) of subdivision (a) of Section 7149.05 and that authorizes the licensee to take any fish, reptile, or amphibians anywhere in this state as otherwise authorized pursuant to this code and regulations adopted pursuant thereto for purposes other than profit.
(b)A person applying for a reduced fee sport fishing license shall submit adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee sport fishing license. The documentation shall be in the form of a letter or other document, as specified by the department, from a public agency. The department shall not issue a reduced fee sport fishing license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license.
(c)The fee required pursuant to subdivision (a) shall not be adjusted pursuant to Section 713.
(d)Notwithstanding subdivision (e) of Section 7149.05, the commission shall not increase the fees required to obtain the license specified in Section 7149.05 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit.
(e)(1)The department shall reduce the fee for a sport fishing report card, validation, or other entitlement required in addition to a valid sport fishing license to take an amphibian, reptile, or fish by 50 percent for a person who receives a reduced fee sport fishing license pursuant to this section.
(2)Notwithstanding subdivision (g) of Section 6596.1, subdivision (c) of Section 7149.8, or any other law, the commission shall not increase the fee required to obtain a sport fishing report card, validation, or other entitlement for a person not receiving the discount pursuant to this subdivision to recover the cost of providing the discount.
SEC. 5.Section 7151 of the Fish and Game Code is amended to read:7151.(a)Upon application to the department, the following persons, if they have not been convicted of any violation of this code, shall be issued, free of any charge or fee, a sport fishing license, that authorizes the licensee to take any fish, reptile, or amphibian anywhere in this state for purposes other than profit:
(1)Any blind person upon presentation of proof of blindness. Blind person means a person with central visual acuity of 20/200 or less in the better eye, with the aid of the best possible correcting glasses, or central visual acuity better than 20/200 if the widest diameter of the remaining visual field is no greater than 20 degrees. Proof of blindness shall be by certification from a qualified licensed optometrist or ophthalmologist or by presentation of a license issued pursuant to this paragraph in any previous license year.
(2)Every resident Native American who, in the discretion of the department, is financially unable to pay the fee required for the license.
(3)Any developmentally disabled person, upon presentation of certification of that disability from a qualified licensed physician, or the director of a state regional center for the developmentally disabled.
(4)Any person who is a resident of the state and who is so severely physically disabled as to be permanently unable to move from place to place without the aid of a wheelchair, walker, forearm crutches, or a comparable mobility-related device. Proof of the disability shall be by certification from a licensed physician or surgeon or, by presentation of a license issued pursuant to this paragraph in any previous license year after 1996.
(5)A disabled veteran having a 50 percent or greater service-connected disability upon presentation of proof of an honorable discharge from military service and proof of the disability. Proof of the disability shall be by certification from the United States Veterans Administration Department of Veterans Affairs or by presentation of a license issued pursuant to this paragraph in the preceding license year.
(6)A member of the military who is a recovering service member pursuant to Section 1602(7) of the federal National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181). A person shall be eligible for a free sport fishing license pursuant to this paragraph upon the submission of a letter, online or in hardcopy, to the department from that persons commanding officer or from a military medical doctor stating that the person is a recovering service member.
(b)Sport fishing licenses issued pursuant to paragraphs (2), (5), and (6) of subdivision (a) are valid for the calendar year of issue or, if issued after the beginning of the year, for the remainder thereof.
(c)Sport fishing licenses issued pursuant to paragraphs (1), (3), and (4) of subdivision (a) are valid for five calendar years, or if issued after the beginning of the first year, for the remainder thereof.
(d)Upon application to the department, the department may issue, free of any charge or fee, a sport fishing license to groups of mentally or physically handicapped persons under the care of a certified federal, state, county, city, or private licensed care center that is a community care facility as defined in subdivision (a) of Section 1502 of the Health and Safety Code, to organizations exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code, or to schools or school districts. Any organization that applies for a group fishing license shall provide evidence that it is a legitimate private licensed care center, tax-exempt organization, school, or school district. The license shall be issued to the person in charge of the group and shall be in his or her possession when the group is fishing. Employees of private licensed care centers, tax-exempt organizations, schools, or school districts are exempt from Section 7145 only while assisting physically or mentally disabled persons fishing under the authority of a valid license issued pursuant to this section. The license shall include the location where the activity will take place, the date or dates of the activity, and the maximum number of people in the group. The licenseholder shall notify the local department office before fishing and indicate where, when, and how long the group will fish.
(e)Upon application to the department, the department may issue, free of any charge or fee, a sport fishing license to a nonprofit organization for day-fishing trips that provide recreational rehabilitation therapy for active duty members of the United States military who are currently receiving inpatient care in a military or United States Department of Veterans Administration Affairs hospital and veterans with service-connected disabilities. The license shall be valid for the calendar year of issue or, if issued after the beginning of the year, for the remainder of that year. The license shall be issued to the person in charge of the group, and shall be in the licenseholders possession when the group is fishing. The organization shall notify the local department office before fishing and indicate where, when, and how long the group will fish. To be eligible for a license under this subdivision, an organization shall be registered to do business in this state or exempt from taxation under Section 501(c) of the federal Internal Revenue Code.
(f)On January 15 of each year, the department shall determine the number of free sport fishing licenses in effect during the preceding year under subdivisions (a), (d), and (e).
(g)There shall be appropriated from the General Fund a sum equal to two dollars ($2) per free sport fishing license in effect during the preceding license year under subdivisions (a) and (d), as determined by the department pursuant to subdivision (f). That sum may be appropriated annually in the Budget Act for transfer to the Fish and Game Preservation Fund and appropriated in the Budget Act from the Fish and Game Preservation Fund to the department for the purposes of this part.
(h)Notwithstanding subdivision (e) of Section 7149.05, the commission shall not increase the fees required to obtain the license specified in Section 7149.05 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit.
(i)(1)The department shall not charge a person who receives a free sport fishing license pursuant to paragraph (5) or (6) of subdivision (a) a fee to obtain a sport fishing report card, validation, or other entitlement required in addition to a valid sport fishing license to take an amphibian, reptile, or fish.
(2)Notwithstanding subdivision (g) of Section 6596.1, subdivision (c) of Section 7149.8, or any other law, the commission shall not increase the fee required to obtain a sport fishing report card, validation, or other entitlement for a person not receiving the discount pursuant to this subdivision to recover the cost of providing the discount.
(a)Pursuant to this section, the department shall issue to a disabled veteran or recovering service member who has not been convicted of a violation of this code a reduced fee free hunting license that authorizes the licensee to take a bird or mammal as authorized by this code and regulations adopted pursuant to this code.
(b)The base license fee for a reduced fee hunting license shall be four dollars ($4) for the hunting license year beginning on July 1, 1995, and, for the following years, this license fee may be annually reviewed and adjusted in accordance with Section 713.
(b)The license issued pursuant to this section shall be issued free of any charge or fee.
(c)For the purposes of this section, the following terms have the following meanings:
(1)Disabled veteran means a person having a 50 percent or greater service-connected disability and an honorable discharge from military service.
(2)Recovering service member means a member of the military who meets the definition of recovering service member in Section 1602(7) of the federal National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181).
(d)A person applying for a reduced fee free hunting license shall submit to the department adequate documentation for the department to determine whether the person is, in fact, eligible for a reduced fee free hunting license. The department shall not issue a reduced fee free hunting license to a person unless it is satisfied that the person has provided adequate documentation of eligibility for that license.
(e)A disabled veteran shall submit the following documentation:
(1)Proof of an honorable discharge from military service.
(2)Proof of the disability described in paragraph (1) of subdivision (c), either by certification from the United States Department of Veterans Affairs or by presentation of a license issued pursuant to this section in the preceding license year.
(f)A recovering service member shall submit a letter to the department stating that the person is a recovering service member as defined in subdivision (d), from either that persons commanding officer or a military medical doctor. The letter may be submitted either in hard copy form or online.
(g)Notwithstanding subdivision (c) of Section 3031 and subdivision (f) of Section 3031.2, the commission shall not increase the fees required to obtain the licenses specified in Sections 3031 and 3031.2 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit.
SEC. 2.Section 3034 is added to the Fish and Game Code, to read:3034.(a)Upon application pursuant to this section and payment of a fee of five dollars ($5), the department shall issue to a veteran of the Armed Forces of the United States, who was honorably discharged and who has not been convicted of a violation of this code, a reduced fee hunting license that authorizes the licensee to take a bird or mammal as authorized by this code and regulations adopted pursuant to this code.
(b)The license fee for a reduced fee hunting license shall be not be adjusted pursuant to Section 713.
(c)A person applying for a reduced fee hunting license shall submit to the department adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee hunting license. The department shall not issue a reduced fee hunting license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license.
(d)Notwithstanding subdivision (c) of Section 3031 and subdivision (f) of Section 3031.2, the commission shall not increase the fees required to obtain the licenses specified in Sections 3031 and 3031.2 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit.
SEC. 3.Section 7150 of the Fish and Game Code is amended to read:7150.(a)Upon application to the departments headquarters office in Sacramento and payment of a base fee of four dollars ($4), as adjusted pursuant to Section 713, the following persons, who have not been convicted of any violation of this code, a person who meets the eligibility requirements specified in subdivision (b) shall be issued a reduced fee sport fishing license that is valid for one year as specified in paragraphs (1) and (2) of subdivision (a) of Section 7149.05 and that authorizes the licensee to take any fish, reptile, or amphibians anywhere in this state as otherwise authorized pursuant to this code and regulations adopted pursuant thereto for purposes other than profit: profit.
(1)A disabled veteran having a 50 percent or greater service-connected disability upon presentation of proof of an honorable discharge from military service and proof of the disability. Proof of the disability shall be by certification from the United States Veterans Administration or by presentation of a license issued pursuant to this paragraph in the preceding license year.
(2)A member of the military who is a recovering service member pursuant to Section 1602(7) of the federal National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181). A person shall be eligible for a reduced fee sport fishing license pursuant to this paragraph upon the submission of a letter, online or in hardcopy, to the department from that persons commanding officer or from a military medical doctor stating that the person is a recovering service member.
(3)
(b)A person over 65 years of age who is a resident of this state and whose total monthly income from all sources, including any old age assistance payments, does not exceed the amount in effect on September 1 of each year contained in subdivision (c) of Section 12200 of the Welfare and Institutions Code for single persons or subdivision (d) of Section 12200 of the Welfare and Institutions Code combined income for married persons, as adjusted pursuant to that section. The amount in effect on September 1 of each year shall be the amount used to determine eligibility for a reduced fee license during the following calendar year. who meets the following requirements shall be eligible for a reduced fee license pursuant to this section:
(1)The person has not been convicted of any violation of this code.
(2)The person is over 65 years of age.
(3)The person is a resident of this state.
(4)The persons total monthly income from all sources, including any old age assistance payments, does not exceed the amount in effect on September 1 of each year contained in subdivision (c) of Section 12200 of the Welfare and Institutions Code for single persons or subdivision (d) of Section 12200 of the Welfare and Institutions Code combined income for married persons, as adjusted pursuant to that section. The amount in effect on September 1 of each year shall be the amount used to determine eligibility for a reduced fee license during the following calendar year.
(b)
(c)A person applying for a reduced fee sport fishing license shall submit adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee sport fishing license. The documentation shall be in the form of a letter or other document, as specified by the department, from a public agency, except as provided in paragraphs (1) and (2) of subdivision (a). agency. The department shall not issue a reduced fee sport fishing license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license.
(c)
(d)The adjustment of the base fee pursuant to Section 713 specified in subdivision (a) shall be applicable to the fishing license years beginning on or after January 1, 1996.
SEC. 4.Section 7150.5 is added to the Fish and Game Code, to read:7150.5.(a)Upon application to the departments headquarters office in Sacramento and payment of a fee of five dollars ($5), a veteran of the Armed Forces of the United States, who was honorably discharged and who has not been convicted of any violation of this code, shall be issued a reduced fee sport fishing license that is valid for one year as specified in paragraphs (1) and (2) of subdivision (a) of Section 7149.05 and that authorizes the licensee to take any fish, reptile, or amphibians anywhere in this state as otherwise authorized pursuant to this code and regulations adopted pursuant thereto for purposes other than profit.
(b)A person applying for a reduced fee sport fishing license shall submit adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee sport fishing license. The documentation shall be in the form of a letter or other document, as specified by the department, from a public agency. The department shall not issue a reduced fee sport fishing license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license.
(c)The fee required pursuant to subdivision (a) shall not be adjusted pursuant to Section 713.
(d)Notwithstanding subdivision (e) of Section 7149.05, the commission shall not increase the fees required to obtain the license specified in Section 7149.05 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit.
SEC. 5.Section 7151 of the Fish and Game Code is amended to read:7151.(a)Upon application to the department, the following persons, if they have not been convicted of any violation of this code, shall be issued, free of any charge or fee, a sport fishing license, that authorizes the licensee to take any fish, reptile, or amphibian anywhere in this state for purposes other than profit:
(1)Any blind person upon presentation of proof of blindness. Blind person means a person with central visual acuity of 20/200 or less in the better eye, with the aid of the best possible correcting glasses, or central visual acuity better than 20/200 if the widest diameter of the remaining visual field is no greater than 20 degrees. Proof of blindness shall be by certification from a qualified licensed optometrist or ophthalmologist or by presentation of a license issued pursuant to this paragraph in any previous license year.
(2)Every resident Native American who, in the discretion of the department, is financially unable to pay the fee required for the license.
(3)Any developmentally disabled person, upon presentation of certification of that disability from a qualified licensed physician, or the director of a state regional center for the developmentally disabled.
(4)Any person who is a resident of the state and who is so severely physically disabled as to be permanently unable to move from place to place without the aid of a wheelchair, walker, forearm crutches, or a comparable mobility-related device. Proof of the disability shall be by certification from a licensed physician or surgeon or, by presentation of a license issued pursuant to this paragraph in any previous license year after 1996.
(5)A disabled veteran having a 50 percent or greater service-connected disability upon presentation of proof of an honorable discharge from military service and proof of the disability. Proof of the disability shall be by certification from the United States Veterans Administration or by presentation of a license issued pursuant to this paragraph in the preceding license year.
(6)A member of the military who is a recovering service member pursuant to Section 1602(7) of the federal National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181). A person shall be eligible for a free sport fishing license pursuant to this paragraph upon the submission of a letter, online or in hardcopy, to the department from that persons commanding officer or from a military medical doctor stating that the person is a recovering service member.
(b)Sport fishing licenses issued pursuant to paragraph (2) paragraphs (2), (5), and (6) of subdivision (a) are valid for the calendar year of issue or, if issued after the beginning of the year, for the remainder thereof.
(c)Sport fishing licenses issued pursuant to paragraphs (1), (3), and (4) of subdivision (a) are valid for five calendar years, or if issued after the beginning of the first year, for the remainder thereof.
(d)Upon application to the department, the department may issue, free of any charge or fee, a sport fishing license to groups of mentally or physically handicapped persons under the care of a certified federal, state, county, city, or private licensed care center that is a community care facility as defined in subdivision (a) of Section 1502 of the Health and Safety Code, to organizations exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code, or to schools or school districts. Any organization that applies for a group fishing license shall provide evidence that it is a legitimate private licensed care center, tax-exempt organization, school, or school district. The license shall be issued to the person in charge of the group and shall be in his or her possession when the group is fishing. Employees of private licensed care centers, tax-exempt organizations, schools, or school districts are exempt from Section 7145 only while assisting physically or mentally disabled persons fishing under the authority of a valid license issued pursuant to this section. The license shall include the location where the activity will take place, the date or dates of the activity, and the maximum number of people in the group. The licenseholder shall notify the local department office before fishing and indicate where, when, and how long the group will fish.
(e)Upon application to the department, the department may issue, free of any charge or fee, a sport fishing license to a nonprofit organization for day-fishing trips that provide recreational rehabilitation therapy for active duty members of the United States military who are currently receiving inpatient care in a military or Veterans Administration hospital and veterans with service-connected disabilities. The license shall be valid for the calendar year of issue or, if issued after the beginning of the year, for the remainder of that year. The license shall be issued to the person in charge of the group, and shall be in the licenseholders possession when the group is fishing. The organization shall notify the local department office before fishing and indicate where, when, and how long the group will fish. To be eligible for a license under this subdivision, an organization shall be registered to do business in this state or exempt from taxation under Section 501(c) of the federal Internal Revenue Code.
(f)On January 15 of each year, the department shall determine the number of free sport fishing licenses in effect during the preceding year under subdivisions (a), (d), and (e).
(g)There shall be appropriated from the General Fund a sum equal to two dollars ($2) per free sport fishing license in effect during the preceding license year under subdivisions (a) and (d), as determined by the department pursuant to subdivision (f). That sum may be appropriated annually in the Budget Act for transfer to the Fish and Game Preservation Fund and appropriated in the Budget Act from the Fish and Game Preservation Fund to the department for the purposes of this part.
(h)Notwithstanding subdivision (e) of Section 7149.05, the commission shall not increase the fees required to obtain the license specified in 7149.05 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit.
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Date
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Status
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| Feb 17, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Feb 18, 2016 | From printer. May be acted upon on or after March 19. |
| Feb 25, 2016 | Referred to Com. on N.R. & W. |
| Mar 9, 2016 | Set for hearing March 29. |
| Mar 28, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W. |
| Mar 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 3312.) (March 29). Re-referred to Com. on APPR. |
| Mar 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (March 29). Re-referred to Com. on APPR. |
| Apr 1, 2016 | Set for hearing April 11. |
| Apr 11, 2016 | April 11 hearing: Placed on APPR. suspense file. |
| May 20, 2016 | Set for hearing May 27. |
| May 27, 2016 | May 27 hearing: Held in committee and under submission. |
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Date
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Description
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Location
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Votes
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| Apr 11, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
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| Mar 29, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Natural Resources and Water |
Passed |
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Organization
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Position
|
Date
|
|---|---|---|
| American Legion - Department of California | ** Support | Mar 29, 2016 |
| AMVETS - Department of California | ** Support | Mar 29, 2016 |
| California Association Of County Veterans Service Officers | ** Support | Mar 29, 2016 |
| California Sportfishing League | ** Support | Mar 29, 2016 |
| California State Commanders Veterans Council | ** Support | Mar 29, 2016 |
| California Waterfowl Association | ** Support | Mar 29, 2016 |
| Military Officers Association Of America, California Council Of Chapters | ** Support | Mar 29, 2016 |
| Vietnam Veterans Of America, California State Council | ** Support | Mar 29, 2016 |
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1081 (Morrell) - Hunting and sport fishing: free and reduced license fees: veterans
Version: March 28, 2016 | Policy Vote: N.R. & W. 9 - 0 |
Urgency: No | Mandate: No |
Hearing Date: April 11, 2016 | Consultant: Mark McKenzie |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 1081 would require the Department of Fish and Wildlife (DFW) to issue free or reduced-cost hunting and sport fishing licenses, as well as other hunting and fishing tags, validations, report cards, and other entitlements, to veterans of the US Armed Forces, as specified.
Fiscal Impact:
- Estimated annual loss of approximately $3 million (Fish and Game Preservation Fund) related to provisions that provide free or reduced-cost hunting and sport fishing licenses to honorably discharged veterans, disabled veterans, and recovering service members. (see staff comments)
- Estimated annual revenue losses of approximately $500,000 (various special funds) related to provisions that provide free or reduced-cost hunting and fishing tags, validations, report cards, and other entitlements. (see staff comments)
- DFW administrative costs of approximately $226,000 in first year costs and approximately $385,000 in second year costs (Fish and Game Preservation Fund) for additional staff time necessary to verify veteran status. Ongoing costs are not expected to be significant since veteran status verification will only be necessary for the initial licensure period.
Background:
Under current law, DFW is responsible for managing hunting and sport fishing within the state. Current law requires DFW to issue hunting licenses to take birds or mammals and a sport fishing license to take fish, mollusks, crustaceans, invertebrates, reptiles, or amphibians in the state. In many cases, the license is the minimum level of certification a hunter or angler needs to take an animal, but additional tags, stamps, validations, and report cards are required for certain big game, birds, and aquatic animal species from specified areas.
Currently, annual hunting and sport fishing licenses each cost $47.01 for California residents, and nonresidents pay a fee of $163.65 for a hunting license and $126.36 for a sport fishing license. Under existing law, reduced fees for sport fishing licenses are provided to low income senior citizens, disabled veterans and recovering service members, as specified. The cost for a reduced-fee hunting or sport fishing license is currently $6.95. In addition, free sport fishing licenses are provided to low income Native Americans as well as to individuals who are blind, developmentally disabled, or mobility impaired. Hunting licenses are provided free-of-charge for specified mobility impaired individuals.
Hunting tags are issued for big game animals, including bear, elk, deer, antelope, bighorn sheep, and wild pigs. Tags are also issued for bobcats. Since demand for big game hunting tags exceeds the number of animals that can be killed sustainably each year, most hunting tags are given out through a drawing. Applying for an animal-specific tag drawing costs between $5.97 and $38.62. The tags themselves cost between $22.42 and $445.35. Furthermore, taking ducks and some upland game birds requires a separate validation ($20.52 and $9.46, respectively).
In addition to a sport fishing license, CDFW requires a report card for certain aquatic animals including abalone, sturgeon, North Coast salmon, steelhead, and spiny lobster. Report cards range from $6.22 to $22.42. Fishing with a second rod and fishing in certain ocean waters require a validation ($14.61 and $5.14, respectively).
Disabled veterans and recovering service members who qualify for a reduced fee hunting or sport fishing license must pay the full price of any tags, validations, report cards, and other entitlements.
Current law requires DFW to annually adjust the fees it charges for any license, tag, permit, stamp, and other entitlements by specified inflation factors.
Proposed Law:
SB 1081 would require DFW to issue free or reduced-cost hunting and sport fishing licenses, as well as other specified entitlements, to veterans of the US Armed Forces. Specifically, this bill would provide for the following:
- For all resident and nonresident honorably discharged veterans, this bill would:
- Establish a flat fee of $5.00 for a hunting or sport fishing license, and specify that this fee is not subject to annual inflationary adjustments in current law.
- Reduce the fee by 50 percent for a hunting tag, hunting tag drawing application, validation, sport fishing report card, stamp or other entitlement required in addition to a valid hunting or sport fishing license.
- For all resident and nonresident disabled veterans or recovering service members, this bill would:
- Provide hunting and sport fishing license free-of-charge.
- Provide free-of-charge a hunting tag, hunting tag drawing application, validation, sport fishing report card or other entitlement required in addition to a valid hunting license or sport fishing license.
In addition, this bill would prohibit DFW from raising the fees on all other hunters or anglers in order to recover the cost of the benefits provided pursuant to this bill.
Related Legislation:
AB 1844 (Gallagher), currently pending in the Assembly Committee on Veterans Affairs, would require DFW to reduce the fees for hunting and sport fishing licenses, lifetime licenses, and any sport fishing report card, validation, or other entitlement required in addition to a sport fishing license, by 25% for California residents who are honorably-discharged veterans. The bill would also require DFW to reduce the fees for any sport fishing report card, validation, or other entitlement required in addition to a sport fishing license by 50% for disabled veterans, as specified.
Staff Comments:
The DFW reports that in 2015, California issued approximately 14,174 disabled veteran sport fishing licenses, which are issued on a calendar year basis. For hunting licenses, which are issued on a fiscal year basis, DFW indicates that, approximately 3,500 disabled veteran hunting licenses were issued in 2014-15. DFW also indicates that fewer than 50 recovering service member licenses have been issued each year since that program began in 2013. According to the Department of Veteran Affairs, there are approximately 1.8 million veterans living in California, with 331,645 receiving monthly disability compensation as of 2014. Veterans currently represent approximately 6.19 percent of California’s adult population.
This bill would allow disabled veterans and recovering service members to apply for hunting and fishing licenses, as well as any associated tags, stamps, validations, report cards, and other entitlements, free of charge. Currently this population can acquire hunting and fishing licenses for a reduced fee of $6.95, but applicants must still pay full price for any associated tags, stamps, validations, report cards, and entitlements. Based upon recent data on the number of hunting and fishing licenses issued to disabled veterans, DFW anticipates that provisions of the bill that provide enhanced benefits to disabled veterans and recovering service members would be approximately $288,000.
SB 1081 would also reduce the fees that resident and nonresident honorably-discharged veterans pay for hunting and fishing licenses to a flat fee of $5, and reduce the fees for any associated tags, stamps, validations, report cards, and other entitlements by 50 percent. As noted in the background above, residents currently pay $47.01 for annual hunting and sport fishing licenses and nonresidents pay fees of $126.36 and $163.65 for fishing and hunting licenses, respectively. Using the assumption that the proportion of veterans in the adult population is the same as the proportion of veterans who purchase hunting and fishing licenses, DFW estimates that reducing licensing fees to a flat rate of $5 would result in a reduction of approximately $2.4 million in sport fishing license and $497,000 in hunting license revenues. In addition, reducing the fees for hunting and fishing tags, stamps, validations, report cards, and other entitlements by 50 percent would result in an estimated annual reductions of fishing related entitlement revenues by approximately $178,000, and hunting related entitlement revenues by approximately $167,000, respectively.
The actual fiscal impacts are not quantifiable, particularly relative to provisions of the bill that provide new benefits to honorably-discharged veterans, since directly-applicable data is unavailable and behavior is difficult to predict. For instance, the author and proponents are hopeful that the bill will encourage more veterans, as well as their families and friends, to participate in hunting and fishing, which would increase sales of licenses and other entitlements, to the extent those individuals are not currently hunting or fishing in California. While increased sales may partially mitigate revenue losses, they unlikely to fully offset fiscal impacts. With respect to sport fishing licenses issued to honorably-discharged veterans, for example, DFW would need to issue over 51,000 new full-fee licenses to offset the anticipated $2.4 million in revenue losses. The above estimates also cannot account for instances in which veterans who may currently purchase short-term one- or two-day resident or ten-day nonresident licenses (at a cost of $15.12, $23.50, and $47.01, respectively) opt to purchase the annual $5 license, which would exacerbate losses. In addition, the conditions surrounding big game hunting tag demand and the lottery system make those revenue impacts impossible to quantify.
SB 1081 prohibits the DFW from increasing the fees for hunting and fishing licenses tags, validations, report cards, and other entitlements sold to nonveterans to offset any revenue losses resulting from the sales of free and discounted licenses and entitlements to veterans. The bill also prohibits DFW from adjusting the flat fees charged to veterans to account for inflation. According to DFW, 17.1% percent of the department’s total budget comes from sales of sport fishing and hunting licenses. Any reductions in Fish and Game Preservation Fund revenues will put negative pressure on the department’s operating funds, and may create cost pressure to transfer funds from other sources.
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SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: SB 1081 Hearing Date: March 29, 2016
Author: | |||
Version: |
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Urgency: | Fiscal: | ||
Consultant: | |||
Subject: Hunting and sport fishing: free and reduced license fees: veterans
BACKGROUND AND EXISTING LAW
The California Department of Fish and Wildlife (CDFW) is responsible for managing hunting and sport fishing within the state. Current law requires CDFW to issue hunting licenses to take birds or mammals and a fishing license to take fish, reptiles, or amphibians. In many cases, the license is the minimum level of certification a hunter or angler needs to take an animal. For some birds and mammals, CDFW issues tags to allow hunters to take specific animals from certain areas. Each year, the total number of tags issued by CDFW for each animal as well as the number of tags each licensee is eligible to receive is restricted. Similarly, CDFW requires report cards, stamps, or validations for certain fish and regions.
Currently, hunting and sport fishing licenses each cost $47.01 for California residents.
Under existing law, certain groups are provided hunting and sport fishing licenses for free or a reduced fee.
Reduced fees for sport fishing licenses are provided to low income senior citizens, disabled veterans and recovering service members. A disabled veteran is defined as a person having a 50 percent or greater service-connected disability. Currently, the cost for a reduced-fee hunting or sport fishing license is $6.95.
Free sport fishing licenses are provided to low income Native Americans as well as to individuals who are blind, developmentally disabled, or mobility impaired. Hunting licenses are provided free-of-charge for mobility impaired individuals.
Hunting tags are issued for big game animals, including bear, elk, deer, antelope, bighorn sheep, and wild pigs. Tags are also issued for bobcats. Since demand for big game hunting tags exceeds the number of animals that can be killed sustainably each year, most hunting tags are given out through a drawing. Applying for an animal-specific tag drawing costs between $5.97 and $38.62. The tags themselves cost between $22.42 and $445.35. Furthermore, taking ducks and some upland game birds requires a separate validation ($20.52 and $9.46, respectively).
In addition to a sport fishing license, CDFW requires a report card for certain fish including abalone, sturgeon, North Coast salmon, steelhead, and spiny lobster. Report cards range from $6.22 to $22.42. Fishing with a second rod and fishing in certain ocean waters require a validation ($14.61 and $5.14, respectively).
PROPOSED LAW
For all resident and nonresident honorably discharged veterans, this bill would
- Establish a flat fee of $5.00 for a hunting or sport fishing license.
- Reduce the fee by 50 percent for a hunting tag, hunting tag drawing application, validation, sport fishing report card, stamp or other entitlement required in addition to a valid hunting or sport fishing license.
For all resident and nonresident disabled veterans or recovering service members, this bill would
- Provide hunting and sport fishing license free-of-charge.
- Provide free-of-charge a hunting tag, hunting tag drawing application, validation, sport fishing report card or other entitlement required in addition to a valid hunting license or sport fishing license.
In addition, this bill would prohibit raising the fees on all other hunters or anglers in order to recover the cost of the benefits provided pursuant to this bill.
ARGUMENTS IN SUPPORT
According to the author, “there are only limited reductions for sport fishing and hunting licenses for the men and women who have devoted their lives to the service of their country.” The author went further saying “this will allow those who devoted their lives to the service of our country to more easily participate in fishing and hunting in California.”
California Sportfishing League, the sponsor of this bill, stated that “this legislation intends to remove barriers to participation for American veterans so that they too can enjoy the great outdoors with their friends and family, especially during a time of physical rehabilitation.”
According to the California Waterfowl Association, the “high financial cost of hunting and fishing, which includes not only license related fees buts also equipment, travel, and access to land expenses can be a barrier to hunting and fishing participation. SB 1081 would help to address this cost issue for a well-deserving segment of our population.”
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
- Creates a new category receiving a benefit: Under existing law, groups eligible for reduced fees have either a disability (including disabled veterans and recovering service members) or meet certain low income requirements. This bill would make a new category – honorably discharged veterans – eligible for reduced fees.
- Fiscal impact of reduced fees: The money collected through license, tags, stamps and other fees go into supporting CDFW’s programs. Many of the hunting tags and stamps provide revenue for dedicated accounts. This bill does not provide direction for how to recoup the reduction in revenue.
According to information provided by CDFW, veterans make up approximately 6.24% of the California population, and if a similar percentage is applied to all hunting and fishing licenses, the loss of revenue to CDFW would be approximately $3 million. Furthermore, approximately 17,500 resident and nonresident disabled veterans currently take advantage of reduced-fee licenses. Making licenses free-of-charge to disabled service members may reduce revenue on the order of $118,000. Recovering service members are a small group (less than 50 individuals since the law went into effect in 2013) and the benefits conferred to them by this bill would likely have very little fiscal impact. These estimates do not include the reductions in fees for hunting tags, fishing report cards, stamps, and other entitlements. The full fiscal impact, therefore, is likely to be higher.
- Assembly Bill 1844 (Gallagher): AB 1844 is a related bill, but it does not conflict or overlap with SB 1081. While SB 1081 reduces annual fees, AB 1844 reduces fees for lifetime licenses and certain lifetime report cards, validations and other fees. Specifically, AB 1844 would reduce the lifetime fishing license or lifetime hunting license fee by 25 percent for all honorably discharged veterans. The fee for sport fishing report cards, validations, or other entitlements would be reduced for all honorably discharged veterans by 25 percent; for veterans who also have a service-connected disability, the fees would be reduced by 50 percent.
- Federal Duck Stamp: SB 1081 would not alter the cost of the Federal Duck Stamp, which is administered by the United States Fish and Wildlife Service. All hunters who take migratory waterfowl are required to purchase a Federal Duck Stamp, which currently costs $25. The majority of money raised through the Federal Duck Stamp Program goes into buying or leasing wetland habitat on national wildlife refuges.
SUGGESTED AMENDMENTS
None.
SUPPORT
California Sportfishing League (Sponsor)
California Waterfowl Association
American Legion – Department of California
AMVETS – Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
Military Officers Association of America, California Council of Chapters
Vietnam Veterans of America, California State Council
OPPOSITION
None Received
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Discussed in Hearing
8MIN
Senate Standing Committee on Appropriations
15MIN
