Bill Text: CA SB710 | 2009-2010 | Regular Session | Introduced

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Bill Title: Hunting and fishing guides.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB710 Detail]

Download: California-2009-SB710-Introduced.html

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BILL NUMBER: SB 710	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hollingsworth

                        FEBRUARY 27, 2009

   An act to amend Section 2536 of the Fish and Game Code, relating
to hunting and fishing guides.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 710, as introduced, Hollingsworth. Hunting and fishing guides.
   Existing law generally makes it unlawful for any person to engage
in the business of guiding or packing, or to act as a guide for any
consideration or compensation whatever, without first having secured
a guide license from the Department of Fish and Game. Existing law
exempts an employee of a licensee who acts as a guide only in
connection with, and within the scope of, his or her employment, and
a person who is licensed in another state to provide guide services
for the purposes of fishing, if certain conditions are met.
   This bill would make technical, nonsubstantive changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2536 of the Fish and Game Code is amended to
read:
   2536.  (a) It is unlawful for any person to engage in the business
of guiding or packing, or to act as a guide for any consideration or
compensation whatever, without first having secured a guide license
from the department.
   (b) An employee of a licensee who acts as a guide only in
connection with, and within the scope of, his or her employment is
exempt from the requirement of subdivision (a)  ,  if all of
the following conditions are met:
   (1) If the employment is subject to and the person is reported to
the carrier of the employer's workers' compensation insurance.
   (2) If the person is subject and reported to the state and federal
taxing authorities for withholding of income tax.
   (3) If the person is reported to the department, on forms provided
by the department, as an employee of the guide  prior to
  before  any contact with any person being guided,
and a registration fee has been paid. The base fee for an employee
guide registration for the 2004 license year shall be thirty-three
dollars ($33), which shall be adjusted annually thereafter pursuant
to Section 713.
   (c) A person who is licensed in another state to provide guide
services for the purposes of fishing is exempt from the requirements
of subdivision (a)  ,  if all of the following conditions
are met:
   (1) The state in which the person is licensed grants a similar
exemption to licensed guides who are residents of this state.
   (2) Evidence of a valid guide license is provided to the
department upon request.
   (3) The person is engaged in the business of guiding only in
conjunction with and during the term of a multistate fishing
tournament approved by the appropriate agency in each of the affected
states.
   (4) The tournament sponsor provides to the department any
information or documents necessary to administer and enforce this
paragraph, as determined by the department, including, but not
limited to, the identities of all guides participating in the
tournament, verification of another state's license exemption, and
information sufficient to determine the validity of another state's
guide licenses.
   (5) The tournament sponsor pays the department an amount,
determined by the department, to be sufficient to cover the
department's cost to administer and enforce this subdivision.
   (6) The net proceeds of the tournament are used for resource
management projects or habitat improvement projects, or both.