Bill Text: CA AB817 | 2021-2022 | Regular Session | Amended

California Assembly Bill 817 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Sport fishing licenses: electronic display: 12-consecutive-month licenses.

Spectrum: Slight Partisan Bill (Republican 6-3)

Status: (Passed) 2021-10-07 - Chaptered by Secretary of State - Chapter 607, Statutes of 2021. [AB817 Detail]

Download: California-2021-AB817-Amended.html

Amended IN Assembly May 24, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 817

Introduced by Assembly Member Wood

February 16, 2021

An act to amend ~~Sections 7149.2 and 7150 of, to amend, repeal, and add Sections 1061, 6596.1, 7149.05, 7149.45, and 7151 of, and to add Section 1050.4 to,~~ Section 7149.05 of the Fish and Game Code, relating to sport fishing.

LEGISLATIVE COUNSEL'S DIGEST

AB 817, as amended, Wood. Sport fishing licenses: ~~electronic display:~~ 12-consecutive-month licenses.

(1)Existing law requires the Fish and Game Commission to determine the form of all licenses, permits, tags, reservations, and other entitlements issued pursuant to the Fish and Game Code and the method of carrying and displaying all licenses, except for those programs where the Department of Fish and Wildlife has fee-setting authority, in which case the department retains that authority. Existing law requires all licenses and tags to be exhibited upon demand to any person authorized by the department to enforce any law relating to the protection and conservation of fish.
This bill would require the department, on or before January 1, 2023, to provide an option to display a sport fishing license, validation, report card, or other sport fishing entitlement issued pursuant to the Fish and Game Code or regulations adopted pursuant to this code electronically on a mobile device, except as provided. The bill would provide that a person who displays a sport fishing entitlement electronically on a mobile device in accordance with this provision shall be deemed to be in compliance with any requirement to possess or affix the entitlement.
~~(2)Existing~~

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 their person or in their immediate possession when engaged in carrying out any activity authorized by the license. Existing law governs the issuance of calendar year and short-term sport fishing licenses, including the fees for those licenses. Under existing law, a calendar year license expires at the end of the calendar year, regardless of when issued. Existing law requires the ~~commission~~ Fish and Game Commission to adjust the amount of the fees for sport fishing licenses, as prescribed, to fully recover, but not exceed, all reasonable administrative and implementation costs of the ~~department~~ Department of Fish and Wildlife and the commission relating to those licenses.

This ~~bill, instead of~~ bill would authorize the Director of Fish and Wildlife to allow 12-consecutive-month licenses to be issued in addition to certain calendar year licenses, would require, beginning January 1, 2023, issuance of sport fishing licenses that expire 12 consecutive months after the date specified on the license. The bill would require the department, on or before January 1, 2023, to provide applicants for these licenses the option of signing up for automatic renewal of the license by electronic payment. The bill would require the department, on or before December 1, 2028, to submit to the Legislature a report on the implementation of these provisions. The bill would require the department to collect all relevant, appropriate, and sufficient data necessary to justify the amount of the fees for these licenses, as provided. The bill would also make nonsubstantive and conforming changes. licenses. The bill would require the director to provide the Legislature, on or before January 1, 2025, recommendations for increasing fees for all sport fishing licenses to levels that provide adequate resources to fund the department.

(3)Existing law requires, in addition to a valid California sport fishing license and any other applicable license validation, a person taking fish from ocean waters south of a line extending due west from Point Arguello for purposes other than for profit to have a valid sport fishing ocean enhancement validation permanently affixed to their sport fishing license. Under existing law, it is unlawful for a person to fish with two rods without first obtaining a second-rod sport fishing validation, in addition to a valid California sport fishing license validation, and having that validation affixed to their valid sport fishing license.
This bill would specify that, beginning January 1, 2023, a sport fishing ocean enhancement validation and a second-rod sport fishing validation are valid for 12 consecutive months beginning on the date specified on the validation or until the expiration date of the sport fishing license, whichever is sooner.
(4)Existing law authorizes the department to allow a person to purchase a license voucher as a gift for a licensee when the licensee’s complete and accurate personal information is not provided by the license buyer at the time of purchase. Under existing law, a license purchase voucher expires and is considered void if not redeemed within the license year for which it was purchased.
This bill would require that, beginning January 1, 2023, a license purchase voucher for specified sport fishing licenses and specified sport fishing validations to expire and be considered void if not redeemed within 12 consecutive months from the date of purchase. The bill would require the sport fishing license or validation that is redeemed with a license purchase voucher to remain valid for 12 consecutive months from the date that the voucher is redeemed.
(5)Existing law requires the department to issue a lifetime sport fishing license, upon payment of a fee, to eligible California residents and grants certain lifetime sport fishing privileges to holders of those licenses. Under existing law, a lifetime sport fishing license is valid for a one-year period from January 1 through December 31 and may be renewed annually, regardless of any lapse of the license, at no additional cost to the licensee.
~~This bill would, beginning January 1, 2023, instead make lifetime sport fishing licenses valid for a period of 12 consecutive months beginning on the date specified on the license.~~
(6)Existing law requires the department to issue a reduced fee sport fishing license to specified applicants, including a resident of the state over 65 years of age if the person’s total monthly income from all sources does not exceed a specified amount.
This bill would instead make a resident over 65 years of age eligible for a reduced fee sport fishing license if the person receives benefits from specified state programs. The bill would, beginning January 1, 2023, make reduced fee sport licenses valid for a period of 12 consecutive months beginning on the date specified on the license.
(7)Existing law requires the department to issue free sport fishing licenses to specified applicants if certain requirements are met. Under existing law, these free sport fishing licenses are valid for a period of one or 5 calendar years, depending on the applicant.
~~This bill would, beginning January 1, 2023, instead make the free sport fishing licenses valid for a period of 12 consecutive months beginning on the date specified on the license.~~

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) 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,~~ of the year, upon payment of a base fee of thirty-one dollars and twenty-five cents ($31.25).

(B) The director may authorize the issuance of a license under subparagraph (A) that is valid for the period of 12 consecutive months beginning on the date specified on the license instead of only for the calendar year.

(2) (A) 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,~~ of the year, 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) 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 subdivision (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) (1) The director shall provide the Legislature, on or before January 1, 2025, recommendations for increasing fees for all sport fishing licenses to levels that provide adequate resources to fund the department.
(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code.
(3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SECTION 1.Section 1050.4 is added to the Fish and Game Code, to read:
1050.4.
(a)On or before January 1, 2023, the department shall provide an option to display a sport fishing license, validation, report card, or other sport fishing entitlement issued pursuant to this code or regulations adopted pursuant to this code electronically on a mobile device.
(b)A person who displays a sport fishing license, validation, report card, or other sport fishing entitlement electronically on a mobile device in accordance with this section shall be deemed to be in compliance with any requirement imposed pursuant to this code or regulation adopted pursuant to this code to possess or affix the entitlement.
~~(c)This section does not apply to a tag that is required to be affixed to a fish pursuant to this code or a regulation adopted pursuant to this code.~~
SEC. 2.Section 1061 of the Fish and Game Code is amended to read:
1061.
(a) The department may allow a person to purchase a license voucher as a gift for a licensee when the licensee’s complete and accurate personal information, as defined in regulation, is not provided by the license buyer at the time of purchase.
~~(b)A license purchase voucher entitles the holder of the voucher to redeem it for the specific license, permit, tag, or other privilege or entitlement, and license year for which it was purchased.~~
~~(c)A license purchase voucher shall expire and be considered void if not redeemed within the license year for which it was purchased.~~
~~(d)A license purchase voucher may be issued and redeemed by a person authorized by the department to issue licenses.~~
~~(e)The license agent handling fee, as provided under subdivisions (d), (e), and (f) of Section 1055.1, shall only apply to the sale of the license purchase voucher.~~
~~(f)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.~~
SEC. 3.Section 1061 is added to the Fish and Game Code, to read:
1061.
(a)The department may allow a person to purchase a license voucher as a gift for a licensee when the licensee’s complete and accurate personal information, as defined in regulation, is not provided by the license buyer at the time of purchase.
(b)(1)Except as provided in paragraph (2), a license purchase voucher entitles the holder of the voucher to redeem it for the specific license, permit, tag, or other privilege or entitlement, and license year for which it was purchased.
(2)A license or validation described in subdivision (a) of Section 6596.1, subdivision (a) of Section 7149.05, Section 7149.2, or Section 7149.45 that is redeemed with a license purchase voucher shall remain valid for 12 consecutive months from the date that the voucher is redeemed.
~~(c)(1)Except as provided in paragraph (2), a license purchase voucher shall expire and be considered void if not redeemed within the license year for which it was purchased.~~
(2)A license purchase voucher for a license or validation issued pursuant to subdivision (a) of Section 6596.1, subdivision (a) of Section 7149.05, Section 7149.2, or Section 7149.45 shall expire and be considered void if not redeemed within 12 consecutive months from the date of purchase of the voucher.
~~(d)A license purchase voucher may be issued and redeemed by a person authorized by the department to issue licenses.~~
~~(e)The license agent handling fee, as provided under subdivisions (d), (e), and (f) of Section 1055.1, shall only apply to the sale of the license purchase voucher.~~
~~(f)This section shall become operative on January 1, 2023.~~
SEC. 4.Section 6596.1 of the Fish and Game Code is amended to read:
6596.1.
(a)In addition to a valid California sport fishing license and any other applicable license validation issued pursuant to this code, a person taking fish from ocean waters south of a line extending due west from Point Arguello for purposes other than for profit shall have a valid sport fishing ocean enhancement validation permanently affixed to their sport fishing license. A sport fishing ocean enhancement validation shall be issued upon payment of a base fee of three dollars and fifty cents ($3.50). A sport fishing license issued pursuant to paragraph (4) or (5) of subdivision (a) of Section 7149.05 is not subject to this subdivision.
(b)In addition to a valid California commercial passenger fishing boat license issued pursuant to Section 7920, the owner of any boat or vessel who, for profit, permits any person to fish from that boat or vessel, south of a line extending due west from Point Arguello, shall have a valid commercial fishing ocean enhancement validation issued for that vessel that has not been suspended or revoked.
(c)Any person who takes, possesses aboard a boat, or lands any white sea bass for commercial purposes south of a line extending due west from Point Arguello, shall have a valid commercial fishing ocean enhancement validation issued to that person that has not been suspended or revoked.
~~(d)The base fee for a commercial ocean fishing enhancement validation is thirty-five dollars ($35).~~
~~(e)The base fees specified in this section are applicable to the 2004 license year and shall be adjusted annually thereafter pursuant to Section 713.~~
(f)The commission shall adjust the amount of the fees specified in subdivision (e), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
~~(g)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.~~
SEC. 5.Section 6596.1 is added to the Fish and Game Code, to read:
6596.1.
(a)In addition to a valid California sport fishing license and any other applicable license validation issued pursuant to this code, a person taking fish from ocean waters south of a line extending due west from Point Arguello for purposes other than for profit shall have a valid sport fishing ocean enhancement validation permanently affixed to their sport fishing license. A sport fishing ocean enhancement validation shall be issued upon payment of a base fee of three dollars and fifty cents ($3.50). A sport fishing license issued pursuant to paragraph (4) or (5) of subdivision (a) of Section 7149.05 is not subject to this subdivision. A sport fishing ocean enhancement validation is valid for the period of 12 consecutive months beginning on the date specified on the validation or until the expiration date of the sport fishing license, whichever is sooner.
(b)In addition to a valid California commercial passenger fishing boat license issued pursuant to Section 7920, the owner of any boat or vessel who, for profit, permits any person to fish from that boat or vessel, south of a line extending due west from Point Arguello, shall have a valid commercial fishing ocean enhancement validation issued for that vessel that has not been suspended or revoked.
(c)Any person who takes, possesses aboard a boat, or lands any white sea bass for commercial purposes south of a line extending due west from Point Arguello, shall have a valid commercial fishing ocean enhancement validation issued to that person that has not been suspended or revoked.
~~(d)The base fee for a commercial ocean fishing enhancement validation is thirty-five dollars ($35).~~
~~(e)The base fees specified in this section are applicable to the 2004 license year and shall be adjusted annually thereafter pursuant to Section 713.~~
(f)The commission shall adjust the amount of the fees specified in subdivision (e), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
~~(g)This section shall become operative on January 1, 2023.~~
SEC. 6.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 a calendar year, or, if issued after the beginning of the year, for the remainder of the year, 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 of the year, 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)On or before January 1, 2023, the department shall provide applicants the option to sign up for automatic renewal of a sport fishing license issued pursuant to paragraph (1) or (2) of subdivision (a) by automatic credit card or debit card payment or other electronic payment. The department shall provide a person who signs up for automatic renewal with advance notice of renewal, including the date of the scheduled renewal fee charge.
~~(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)(1)The commission shall adjust the amount of the fees specified in subdivision (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.
(2)The department shall collect all relevant, appropriate, and sufficient data necessary to justify the amount of the fees assessed pursuant to paragraphs (1) and (2) of subdivision (a), including information about data collection and enforcement costs. Data collection efforts undertaken pursuant to this subdivision shall avoid duplication and use data collected for other purposes, as feasible.
~~(f)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.~~
SEC. 7.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 department shall provide applicants the option to sign up for automatic renewal of a sport fishing license issued pursuant to paragraph (1) or (2) of subdivision (a) by automatic credit card or debit card payment or other electronic payment. The department shall provide a person who signs up for automatic renewal with advance notice of renewal, including the date of the scheduled renewal fee charge.
~~(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)(1)The commission shall adjust the amount of the fees specified in subdivision (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.
(2)The department shall collect all relevant, appropriate, and sufficient data necessary to justify the amount of the fees assessed pursuant to paragraphs (1) and (2) of subdivision (a), including information about data collection and enforcement costs. Data collection efforts undertaken pursuant to this subdivision shall avoid duplication and use data collected for other purposes, as feasible.
(f)(1)On or before December 1, 2028, the department shall submit to the Legislature a written report on the implementation of the 12-month licensing periods that are reflected in paragraphs (1) and (2) of subdivision (a) and the implementation of the requirement imposed by subdivision (c). The report shall include information collected pursuant to paragraph (2) of subdivision (e).
~~(2)The requirement for submitting a report imposed under paragraph (1) is inoperative on December 1, 2032, pursuant to Section 10231.5 of the Government Code.~~
~~(3)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 become operative on January 1, 2023.~~
SEC. 8.Section 7149.2 of the Fish and Game Code is amended to read:
7149.2.
(a)In addition to Section 7149.05, the department shall issue a lifetime sport fishing license under this section. A lifetime sport fishing license authorizes the taking of fish, amphibians, or reptiles anywhere in this state in accordance with the law for purposes other than profit for the life of the person to whom issued unless revoked for a violation of this code or regulations adopted under this code. A lifetime sport fishing license is valid for one year as specified in paragraph (1) of subdivision (a) of Section 7149.05, and may be renewed annually, regardless of any lapse of the license, at no additional cost to the licensee. A lifetime sport fishing license is not transferable. A lifetime sport fishing license does not include any special tags, stamps, or fees.
~~(b)A lifetime sport fishing license may be issued to residents of this state, as follows:~~
~~(1)To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).~~
~~(2)To a person 40 years of age or over and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).~~
~~(3)To a person 10 years of age or over and less than 40 years of age upon payment of a base fee of six hundred dollars ($600).~~
~~(4)To a person less than 10 years of age upon payment of a base fee of three hundred sixty-five dollars ($365).~~
~~(c)Nothing in this section requires a person less than 16 years of age to obtain a license to take fish, amphibians, or reptiles for purposes other than profit.~~
~~(d)Nothing in this section exempts a license applicant from meeting other qualifications or requirements otherwise established by law for the privilege of sport fishing.~~
(e)Upon payment of a base fee of two hundred forty-five dollars ($245), a person holding a lifetime sport fishing license shall be entitled annually to the privileges afforded to a person holding a second-rod stamp or validation issued pursuant to Section 7149.45, a sport fishing ocean enhancement stamp or validation issued pursuant to subdivision (a) of Section 6596.1, one steelhead trout report restoration card issued pursuant to Section 7380, and one salmon report card issued pursuant to regulations adopted by the commission. Lifetime privileges issued pursuant to this subdivision are not transferable.
~~(f)The base fees specified in this section are applicable commencing January 1, 2004, and shall be adjusted annually thereafter pursuant to Section 713.~~
SEC. 9.Section 7149.45 of the Fish and Game Code is amended to read:
7149.45.
(a)It is unlawful for a person to fish with two rods without first obtaining a second-rod sport fishing validation, in addition to a valid California sport fishing license validation, and having that validation affixed to their valid sport fishing license. A person who has a valid second-rod sport fishing validation affixed to their valid sport fishing license may fish with two rods in inland waters in a sport fishery in which the regulations of the commission provide for the taking of fish by angling, except those waters in which only artificial lures or barbless hooks may be used and the waters of the Smith River in Del Norte County.
(b)The department or an authorized license agent shall issue a second-rod sport fishing validation upon payment of a base fee of seven dollars and fifty cents ($7.50) during the 1995 calendar year and subsequent years, as adjusted under Section 713.
~~(c)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.~~
SEC. 10.Section 7149.45 is added to the Fish and Game Code, to read:
7149.45.
(a)It is unlawful for any person to fish with two rods without first obtaining a second-rod sport fishing validation, in addition to a valid California sport fishing license validation, and having that validation affixed to their valid sport fishing license. Any person who has a valid second-rod sport fishing validation affixed to their valid sport fishing license may fish with two rods in inland waters in any sport fishery in which the regulations of the commission provide for the taking of fish by angling, except those waters in which only artificial lures or barbless hooks may be used and the waters of the Smith River in Del Norte County.
(b)The department or an authorized license agent shall issue a second-rod sport fishing validation upon payment of a base fee of seven dollars and fifty cents ($7.50) during the 1995 calendar year and subsequent years, as adjusted under Section 713.
(c)A second-rod sport fishing validation is valid for the period of 12 consecutive months beginning on the date specified on the validation or until the expiration date of the sport fishing license, whichever is sooner.
~~(d)This section shall become operative on January 1, 2023.~~
SEC. 11.Section 7150 of the Fish and Game Code is amended to read:
7150.
(a)Upon application to the department’s 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, 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 amphibian anywhere in this state as otherwise authorized pursuant to this code and regulations adopted pursuant to this code for purposes other than 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 paragraph (7) of Section 1602 of the federal National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. Sec. 1071 note). 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 person’s commanding officer or from a military medical doctor stating that the person is a recovering service member.
~~(3)A person over 65 years of age who is a resident of this state and who receives benefits pursuant to one of the following:~~
~~(A)Section 12200 of the Welfare and Institutions Code.~~
~~(B)The Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (Chapter 10.3 (commencing with Section 18937) of Part 6 of Division 9 of the Welfare and Institutions Code).~~
(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, except as provided in paragraphs (1) and (2) of subdivision (a). 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 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. 12.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.
~~(b)Sport fishing licenses issued pursuant to paragraph (2) 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 their 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 licenseholder’s 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)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.~~
SEC. 13.Section 7151 is added to the Fish and Game Code, 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.
~~(b)Sport fishing licenses issued pursuant to subdivision (a) are valid for a period of 12 consecutive months beginning on the date specified on the license.~~
(c)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 their 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.
(d)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 12 consecutive months beginning on the date specified on the license. The license shall be issued to the person in charge of the group, and shall be in the licenseholder’s 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.
~~(e)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), (c) and (d).~~
(f)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 (c), as determined by the department pursuant to subdivision (e). 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.
~~(g)This section shall become operative on January 1, 2023.~~