Bill Text: CA SB805 | 2015-2016 | Regular Session | Introduced
Bill Title: Natural resources.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB805 Detail]
Download: California-2015-SB805-Introduced.html
BILL NUMBER: SB 805 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Natural Resources and Water (Senators
Pavley (Chair), Allen, Fuller, Hertzberg, Hueso, Jackson, Monning,
Stone, and Wolk)
APRIL 9, 2015
An act to amend Sections 205.1, 714, 1050.8, 1053.5, 1055.1, 1056,
1059, 1764, 3050, 7149.2, 7149.3, 7150, 7860, 12002.2.1, 12153, and
13005 of, and to repeal Sections 1053, 1055, 1055.4, 1055.5, 1060,
1070, 3682, 3700, 6596, 7149, 7149.4, 7181, 7182, 7183, 7184, and
7186 of, the Fish and Game Code, to amend Section 113 of the
Government Code, to amend Sections 741, 8301, and 30315 of, and to
repeal Section 30310.5 of, the Public Resources Code, relating to
natural resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 805, as introduced, Committee on Natural Resources and Water.
Natural resources.
(1) Existing law authorizes the Fish and Game Commission to
establish, by regulation, an automatic process to conform its sport
fishing regulations to federal regulations.
This bill would clarify that specified laws relating to
administrative regulations and rulemaking do not apply to the
conforming action implemented pursuant to the automatic process
described above.
An existing regulation defines the Automated License Data System
as an automated system that replaces the Department of Fish and
Wildlife's paper license inventory system. Existing law generally
prohibits a person from obtaining from the department more than one
license, permit, reservation, or other entitlement of the same class,
or more than the number of tags authorized by law, as provided,
except under certain conditions. Existing law authorizes a person, as
provided, to submit an application to the department, to be a
license agent to issue licenses, permits, reservations, tags, and
other entitlements. Existing law requires these authorized license
agents to remit to the department the specified fees for these
licenses, permits, reservations, tags, and other entitlements, as
provided. Exiting law authorizes the department to accept from any
authorized license agent an affidavit for settlement of its account
in lieu of licenses, permits, reservations, tags, and other
entitlements that have been lost or destroyed if the license agent
meets specified criteria. Existing law provides that the above
provisions and various other provisions apply only to those licenses,
permits, reservations, tags, or other entitlements that are not
issued through the Automated License Data System.
This bill would delete those provisions and would make conforming
changes.
(2) Existing law provides that the sovereignty and jurisdiction of
the state extends to all places within its boundaries, as
established by the constitution. Existing law provides that the
extent of the jurisdiction over places that have been or may be ceded
to, purchased, or condemned by the United States is qualified by the
terms of the cession or the laws under which the purchase or
condemnation is made. Existing law provides that the state has
accepted the retrocession of jurisdiction over certain lands,
including the Presidio in the City and County of San Francisco.
Existing law provides that the Legislature consents to the
retrocession of jurisdiction by the United States over land within
the state, subject to certain conditions, including that the State
Lands Commission holds a hearing to determine whether acceptance of
the retrocession is in the best interest of the state.
This bill would provide that the Legislature, acting through the
State Lands Commission, consents to the retrocession of jurisdiction
by the United States over land within the state subject to additional
conditions, including that a notice of the proposed retrocession has
been given to the clerk for the board of supervisors of the county
in which the federal lands are located, as provided, and that the
United States has agreed to bear all costs and expenses incurred by
the State Lands Commission in making the retrocession. The bill would
also require the acceptance of the retrocession to be made at a
publicly noticed meeting of the commission.
Existing law requires, among other things, the commission to make
rules and regulations governing the conditions and procedures of the
hearings on retrocession.
This bill would delete these requirements.
Existing law authorizes the Governor to convey certain state land
to the United States for the site of a lighthouse, beacon, or other
aid to navigation. Existing law provides that after the conveyance,
the United States has jurisdiction over the tract, subject to the
right of the state to have concurrent jurisdiction, as provided.
This bill would delete that provision.
(3) Existing law requires the State Board of Forestry and Fire
Protection to appoint a Range Management Advisory Committee and
requires 2 members on the board to be from the general public, as
provided, and for one member to be nominated by the Watershed Fire
Council of Southern California.
This bill would instead require 3 members to be from the general
public, as provided, and would delete the nomination from the
Watershed Fire Council of Southern California.
(4) Existing law requires the California Coastal Commission to
meet at least once a month at a place convenient to the public.
This bill would require the commission to instead meet at least 10
times annually.
Existing law provides that no law precludes or prevents the
appointment, as a public member, to the commission of any person who
is not a locally elected official.
This bill would delete that provision.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 205.1 of the Fish and Game Code is amended to
read:
205.1. (a) The commission may establish by regulation an
automatic process to conform its sport fishing regulations to federal
regulations.
(b) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code shall not apply to
conforming actions implemented pursuant to the automatic process
specified in subdivision (a).
(b)
(c) The department shall provide public notice of
any a conforming action implemented
pursuant to this section.
SEC. 2. Section 714 of the Fish and Game Code is amended to read:
714. (a) In addition to Section 3031, 3031.2, 7149,
7149.05, or 7149.2 and notwithstanding Section 3037, the
department shall issue lifetime sportsman's licenses pursuant to this
section. A lifetime sportsman's license authorizes the taking of
birds, mammals, fish, reptiles, or amphibia anywhere in this state in
accordance with 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 pursuant to this code. A lifetime sportsman's
license is not transferable. A lifetime sportsman's license does not
include any special tags, stamps, or other entitlements.
(b) A lifetime sportsman's license may be issued to residents, as
follows:
(1) To a person 62 years of age or over upon payment of a base fee
of seven hundred thirty dollars ($730).
(2) To a person 40 years of age or over and less than 62 years of
age upon payment of a base fee of one thousand eighty dollars
($1,080).
(3) To a person 10 years of age or over and less than 40 years of
age upon payment of a base fee of one thousand two hundred dollars
($1,200).
(4) To a person less than 10 years of age upon payment of a base
fee of seven hundred thirty dollars ($730).
(c) This section does not require a person less than 16 years of
age to obtain a license to take fish, reptiles, or amphibia for
purposes other than profit or to obtain a license to take birds or
mammals, except as required by law.
(d) This section does not exempt an applicant for a license from
meeting other qualifications or requirements otherwise established by
law for the privilege of sport hunting or sport fishing.
(e) Upon payment of a base fee of four hundred forty-five dollars
($445), a person holding a lifetime hunting license or lifetime
sportsman's license shall be issued annually one deer tag application
pursuant to subdivision (a) of Section 4332 and five wild pig tags
issued pursuant to Section 4654. Lifetime privileges issued pursuant
to this subdivision are not transferable.
(f) Upon payment of a base fee of two hundred ten dollars ($210),
a person holding a lifetime hunting license or lifetime sportsman's
license shall be entitled annually to the privileges afforded to a
person holding a state duck stamp or validation issued pursuant to
Section 3700 or 3700.1 and an upland game bird
stamp or validation issued pursuant to Section 3682 or
3682.1. Lifetime privileges issued pursuant to this
subdivision are not transferable.
(g) The base fees specified in this section are applicable
commencing January 1, 2004, and shall be adjusted annually thereafter
pursuant to Section 713.
(h) The commission shall adjust the amount of the fees specified
in subdivision (g), as necessary, to fully recover, but not exceed,
all reasonable administrative implementation costs of the department
and the commission relating to those licenses.
SEC. 3. Section 1050.8 of the Fish and Game Code is amended to
read:
1050.8. (a) The department may issue collectible, commemorative
licenses to any person for purposes of promoting and supporting
licensed hunting, fishing, and resource conservation, subject to all
of the following:
(1) A commemorative license may be designed and produced as the
department may determine and shall be clearly marked and identified
as a commemorative license, rendering it invalid for the take of any
mammal, bird, fish, reptile, or amphibian.
(2) A commemorative license shall not confer any rights,
privileges, or other entitlements to any person purchasing or in
possession of such a license.
(3) Subdivision (a) of Section 1052, Section 1053,
1053.1, Article 2 (commencing with Section 3031)
of Chapter 1 of Part 1 of Division 4, and Article 3 (commencing with
Section 7145) of Chapter 1 of Part 2 of Division 6 do not apply to
the purchase of a commemorative license. A commemorative license
shall not qualify as evidence required in subdivision (a) of Section
3050.
(b) All funds derived from the sale of commemorative licenses
shall be deposited in the Fish and Game Preservation Fund.
SEC. 4. Section 1053 of the Fish and Game Code is repealed.
1053. (a) A person shall not obtain more than one license,
permit, reservation, or other entitlement of the same class, or more
than the number of tags authorized by statute or regulation for the
same license year, except under one of the following conditions:
(1) Nonresident hunting licenses issued pursuant to paragraphs (4)
and (5) of subdivision (a) of Section 3031, and short-term sport
fishing licenses issued pursuant to paragraphs (3), (4), and (5) of
subdivision (a) of Section 7149, and paragraphs (3), (4), and (5) of
subdivision (a) of Section 7149.05.
(2) The loss or destruction of an unexpired license, tag, permit,
reservation, or other entitlement, except a stamp or endorsement, as
certified by the applicant's signed affidavit and proof, as
determined by the department, that the original license, tag, permit,
reservation, or other entitlement was issued, and payment of a base
fee of five dollars ($5). The base fee shall be adjusted annually
pursuant to Section 713, not to exceed the fee for the original
entitlement, as follows:
(A) The adjustment shall apply to the hunting license years
commencing on or after July 1, 1996.
(B) The adjustment shall apply to the fishing license years
commencing on or after January 1, 1996.
(b) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
SEC. 5. Section 1053.5 of the Fish and Game Code is amended to
read:
1053.5. Applicants for hunting licenses pursuant to subdivision
(a) of Section 1053 1053.1 shall first
satisfactorily complete a hunter education equivalency examination
and obtain a certificate of equivalency as provided by regulations
adopted by the commission, or show proof of completion of a hunter
education training course, or show a previous year's hunting license.
SEC. 6. Section 1055 of the Fish and Game Code is repealed.
1055. (a) Any person, except a commissioner, officer, or employee
of the department, may submit an application to the department, to
be a license agent to issue licenses, permits, reservations, tags,
and other entitlements.
(b) A person shall only be authorized to be a license agent to
issue licenses, permits, reservations, tags, and other entitlements,
upon the written approval of the department.
(c) The department may consign licenses, permits, reservations,
tags, and other entitlements to authorized license agents.
(d) The department may provide licenses, permits, reservations,
tags, or other entitlements to authorized license agents and shall
collect prior to delivery an amount equal to the fees for all
licenses, permits, reservations, tags, and other entitlements that
are provided. Any license agent who pays the fees prior to delivery
for licenses, permits, reservations, tags, or other entitlements is
exempt from subdivisions (a) and (d) of Section 1055.5 and Sections
1056, 1057, and 1059. Any licenses, permits, reservations, tags, or
other entitlements provided pursuant to this subdivision that remain
unissued at the end of the license year may be returned to the
department for refund or credit, or a combination thereof within six
months of the item expiration date. No credit may be allowed after
six months following the last day of the license year.
(e) Licenses, permits, reservations, tags, and other entitlements
may only be provided to authorized license agents that are in
compliance with all laws, regulations, and policies governing the
sale and reporting of licenses, permits, reservations, tags, and
other entitlements.
(f) Authorized license agents shall add a handling charge to the
fees prescribed in this code or in regulations adopted pursuant to
this code for licenses, permits, reservations, tags, and other
entitlements issued by the license agent in an amount that is 5
percent of the face value of the item rounded to the nearest five
cents ($0.05).
(g) The handling charge added pursuant to subdivision (f) shall be
incorporated into the total amount collected for issuing any
license, permit, reservation, tag, and other entitlement, but the
handling charge may not be included when determining license fees in
accordance with Section 713. License agents may issue any license,
permit, reservation, tag, and other entitlement for any amount up to
10 percent less than the fee prescribed in this code or in
regulations adopted pursuant to this code. The license agent shall
remit to the department the full amount of the fees as prescribed in
this code or in regulations adopted pursuant to this code for all
licenses, permits, reservations, tags, and other entitlements issued.
(h) The handling charge in subdivision (f) is the license agent's
only compensation for services. The license agent shall not be
entitled to any other additional fee or charge for issuing licenses,
permits, reservations, tags, and other entitlements authorized
pursuant to this section.
(i) The department may designate a nonprofit organization,
organized pursuant to the laws of this state, or the California
chapter of a nonprofit organization, organized pursuant to the laws
of another state, as a license agent for the sale of lifetime
licenses issued pursuant to Sections 714, 3031.2, and 7149.2. These
licenses may be sold by auction or by other methods and are not
subject to the fee limitations prescribed in this code. An agent
authorized to issue lifetime sport fishing licenses, lifetime hunting
licenses, and lifetime sportsman's licenses under this subdivision
is exempt from subdivisions (f) and (h). The license agent shall
remit to the department the fees from the sale of lifetime licenses,
as defined in Sections 714, 3031.2, and 7149.2.
(j) At any single business location, a license agent shall issue
all items from a single book before commencing to issue licenses,
permits, reservations, tags, or other entitlements of the same series
from another book.
(k) License agents that receive licenses, permits, reservations,
tags, and other entitlements pursuant to subdivision (c) shall return
all unissued and expired licenses, permits, reservations, tags, and
other entitlements to the department within 20 days following the
last day of the license year. Any unissued and expired license,
permit, reservation, tag, or other entitlement that is not returned
within 60 days following the last day of the license year shall be
billed to the license agent. Licenses, permits, reservations, tags,
and other entitlements may be returned for credit after the 60 days;
however, the license agent shall pay interest and penalties on any
sold licenses, permits, reservations, tags, and other entitlements as
prescribed in subdivision (b) of Section 1059. No credit may be
allowed after six months following the last day of the license year.
( l ) This section does not apply to licenses,
permits, reservations, tags, or other entitlements issued through
the Automated License Data System.
SEC. 7. Section 1055.1 of the Fish and Game Code is amended to
read:
1055.1. (a) Any person, except a commissioner, officer, or
employee of the department, may submit an application to the
department to be a license agent to issue licenses, permits,
reservations, tags, or other entitlements.
(b) A person shall only be authorized to be a license agent to
issue licenses, permits, reservations, tags, and other entitlements,
upon the written approval of the department.
(c) The department may provide licenses, permits, reservations,
tags, or other entitlements to authorized license agents and shall
collect, prior to delivery, an amount equal to the fees for all
licenses, permits, reservations, tags and other entitlements
provided. Any license agent who pays the fees prior to delivery for
licenses, permits, reservations, tags, or other entitlements is
exempt from subdivisions (a) and (e) of Section 1055.5 and
Sections 1056, 1057, and 1059. Any licenses, permits,
reservations, tags, or other entitlements provided pursuant to this
subdivision that remain unissued at the end of the license year may
be returned to the department for refund or credit, or a combination
thereof, within six months of the item expiration date. No credit may
be allowed after six months following the last day of the license
year.
(d) Authorized license agents shall add a handling charge to the
fees prescribed in this code or in regulations adopted pursuant to
this code for any license, permit, reservation, tag, and other
entitlement issued by the license agent in an amount that is 5
percent of the face value of the item rounded to the nearest five
cents ($0.05).
(e) The handling charge added pursuant to subdivision (d) shall be
incorporated into the total amount collected for issuing the
license, permit, reservation, tag, and other entitlement, but the
handling charge shall not be included when determining license fees
in accordance with Section 713. A license agent may issue any
license, permit, reservation, tag, or other entitlement for any
amount up to 10 percent less than the fee prescribed in this code or
in regulations adopted pursuant to this code. The license agent shall
remit to the department the full amount of the fees as prescribed in
this code or in regulations adopted pursuant to this code for all
licenses, permits, reservations, tags, and other entitlements issued.
(f) The handling charge required by subdivision (d) is the license
agent's only compensation for services. The license agent shall not
be entitled to any other additional fee or charge for issuing any
license, permit, reservation, tag, or other entitlement authorized
pursuant to this section.
(g) The department may designate a nonprofit organization,
organized pursuant to the laws of this state, or the California
chapter of a nonprofit organization, organized pursuant to the laws
of another state, as a license agent for the sale of lifetime
licenses issued pursuant to Sections 714, 3031.2, and 7149.2. These
licenses may be sold by auction or by other methods and are not
subject to the fee limitations prescribed in this code. An agent
authorized to issue lifetime sport fishing licenses, lifetime hunting
licenses, and lifetime sportsman's licenses under this subdivision
is exempt from subdivisions (d) and (f). The license agent shall
remit to the department the fees from the sale of lifetime licenses
as defined in Sections 714, 3031.2, and 7149.2.
(h) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
SEC. 8. Section 1055.4 of the Fish and Game Code is repealed.
1055.4. Any person authorized pursuant to Section 1055 who
submits a check or money order for payment of licenses, permits,
reservations, tags, and other entitlements that is returned unpaid by
the bank or financial institution it was drawn upon shall be
required to pay a fee of thirty dollars ($30), plus any penalty and
interest charges, as defined in Section 1059.
SEC. 9. Section 1055.5 of the Fish and Game Code is repealed.
1055.5. (a) Except as provided in subdivision (b) or (c), each
authorized license agent who receives licenses, permits,
reservations, tags, and other entitlements, pursuant to subdivision
(c) of Section 1055, shall remit to the department the fees
prescribed in this code or in regulations adopted pursuant to this
code for all licenses, permits, reservations, tags, and other
entitlements issued in each calendar month not later than 20 days
following the last day of that calendar month. The transmittal of the
fees to the department shall be accompanied with an accounting
report on forms provided by the department of all licenses, permits,
reservations, tags, and other entitlements issued during the
preceding month.
(b) A license agent is not required to remit the fees for a book
of licenses, permits, reservations, tags, or other entitlements in
any month if, on the last day of the preceding month, all items in
that single book provided for issuance at a single business location
are not issued or expired. If, however, all items in that book are
issued or expired, the license agent shall remit the fees for that
book and transmit the accounting report in accordance with the
requirements of this section.
(c) The license agent may retain not more than fifteen cents
($0.15) of the fee received for each Colorado River special use stamp
issued pursuant to Section 7180 as compensation for services. The
license agent shall remit to the department the fees prescribed by
Section 7180, less any amounts retained under this subdivision, for
all Colorado River special use stamps issued. The license agent shall
remit the net fees with an accounting report as prescribed in
subdivision (a).
(d) Except as provided in subdivision (c), any fee remittance and
accounting report not transmitted to the department within 30 days
following the last day of each calendar month is delinquent, and fees
due are subject to interest and penalties prescribed in subdivision
(b) of Section 1059. Interest and penalties shall be computed
beginning 21 days following the last day of the calendar month in
which the fees were collected.
(e) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
SEC. 10. Section 1056 of the Fish and Game Code is amended to
read:
1056. (a) Authorized license agents who receive licenses,
permits, reservations, tags, and other entitlements pursuant to
subdivision (c) of Section 1055 may be required to execute, in favor
of the department, a bond, payable to the department, in a sum
determined by the department. The bond shall secure the accurate
accounting and payment to the department of the funds collected and
the performance of the duties imposed upon the license agent by this
article.
(b) Any
1056. A license agent who fails to transmit
the fees or accounting reports required by Section 1055.5
or 1055.6 not later than 60 days following the due date as
specified by the department may be required to provide a
bond pursuant to subdivision (a) in order to continue as a license
agent. execute, in favor of the department, a bond,
payable to the department, in a sum determined by the
department in order to continue as a license agent. The bond shall
secure the accurate accounting and payment to the department of the
funds collected and the performance of the duties imposed upon the
license agent by this article.
SEC. 11. Section 1059 of the Fish and Game Code is amended to
read:
1059. (a) The failure or refusal of any license agent to account
for licenses, permits, reservations, tags, and other entitlements, or
any fees received from their issuance as required by Section
1055.5 or 1055.6 or upon demand by an authorized
representative of the department is a misdemeanor.
(b) In addition to subdivision (a), any license agent who fails to
remit fees to the department on or before the date required by
Section 1055.5 or 1055.6 shall pay interest and
penalties prescribed for sales and use taxes and, except as otherwise
provided in this code, the department shall collect amounts owing
under the procedures prescribed for sales and use taxes provided in
Chapter 5 (commencing with Section 6451) and Chapter 6 (commencing
with Section 6701) of Part 1 of Division 2 of the Revenue and
Taxation Code, insofar as they may be applicable, and for those
purposes, "board" means the department.
SEC. 12. Section 1060 of the Fish and Game Code is repealed.
1060. (a) The department may accept from any authorized license
agent an affidavit for settlement on its account in lieu of licenses,
permits, reservations, tags, and other entitlements that have been
lost or destroyed if the license agent meets the following criteria:
(1) Reports any losses of licenses, permits, reservations, tags,
or other entitlements to the department on or before the end of the
next business day of the department.
(2) Submits the following items to the department not more than 20
days following the last day of the calendar month in which the items
were lost or destroyed:
(A) An accounting report listing all licenses, permits,
reservations, tags, and other entitlements that were lost or
destroyed.
(B) A signed and notarized affidavit that shows the value and type
of the licenses, permits, reservations, tags, and other
entitlements, their serial numbers, and the causes of loss or
destruction.
(b) This section does not apply to licenses, permits,
reservations, tags, or other entitlements that are issued through the
Automated License Data System.
SEC. 13. Section 1070 of the Fish and Game Code is repealed.
1070. The department shall transmit monthly to the Department of
Finance, for review, a summary report of the fee remittances and
accounting reports received under Section 1055.5 and a delinquency
report containing the name and address of any person who failed or
refused to fully comply with Section 1055.5. The summary fee
remittance and accounting report and the delinquency report shall be
transmitted to the Department of Finance not later than 45 days
following the last day of the calendar month for which the fee
remittances and accounting reports were due under Section 1055.5.
SEC. 14. Section 1764 of the Fish and Game Code is amended to
read:
1764. (a) The director shall designate those particular areas of
land managed by the department at which possession of a valid annual
wildlife pass or day use pass shall be required. No designation shall
be effective until a management plan for the area has been presented
at a public meeting and the plan has been approved by the director.
(b) No person shall enter the designated area unless that person
possesses an annual wildlife area pass or a day use pass issued
pursuant to Section 1765, a valid hunting license issued pursuant to
Section 3031, a valid trapping license issued pursuant to Section
4006, or a valid sportfishing license issued pursuant to Section
7149, 7149.1, 7149.05, 7150, or 7151,
or that person is a member of a tour by an organized youth or school
group which that has been issued a day
use pass.
(c) Notwithstanding subdivision (b), possession of a license or
pass shall not be required of any person who:
(1) Is passing through the area on a public right-of-way.
(2) Possesses authorization by the commission or the department to
conduct scientific or educational research.
(3) Is discharging duties in the course of employment, as
specified by the department.
(4) Possesses written authorization from the department to enter
the area for a specific purpose.
SEC. 15. Section 3050 of the Fish and Game Code is amended to
read:
3050. (a) No hunting license may be issued to any person unless
he or she presents to the person authorized to issue that license any
of the following:
(1) Evidence that he or she has held a hunting license issued by
this state in a prior year.
(2) Evidence that he or she holds a current hunting license, or a
hunting license issued in either of the two previous hunting years by
another state or province.
(3) A certificate of completion of a course in hunter education,
principles of conservation, and sportsmanship, as provided in this
article. A hunter education instruction validation stamp shall be
permanently affixed to certificates of completion that have been
issued before January 1, 2008.
(4) A certificate of successful completion of a hunter education
course in another state or province.
(5) Evidence of completion of a course in hunter education,
principles of conservation, and sportsmanship, which the commission
may, by regulation, require.
(b) The evidence required in subdivision (a) shall be forwarded to
the department with the license agent's report of hunting
license sales as required pursuant to Section 1055.5.
department.
(c) Subdivision (a)
does not apply to any person purchasing a hunting license under
paragraph (5) of subdivision (a) of Section 3031. However, that
license shall not qualify as evidence required in subdivision (a) of
this section.
SEC. 16. Section 3682 of the Fish and Game Code is repealed.
3682. (a) It is unlawful for any person, except a person licensed
pursuant to paragraph (2) of subdivision (a) of Section 3031, to
take any upland game bird species without first procuring an upland
game bird stamp, and having the stamp permanently affixed to his or
her valid hunting license.
(b) Upland game bird stamps may be obtained from the department,
or a licensed agent authorized pursuant to Section 1055, for a fee of
six dollars and twenty-five cents ($6.25), adjusted pursuant to
Section 713.
(c) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
SEC. 17. Section 3700 of the Fish and Game Code is repealed.
3700. (a) It is unlawful for any person, except a person licensed
pursuant to paragraph (2) of subdivision (a) of Section 3031, to
take any migratory game bird, except jacksnipe, coots, gallinules,
western mourning doves, white-winged doves, and band-tailed pigeons,
without first procuring either an open edition or a Governor's
edition state duck stamp, as provided in subdivisions (b) and (c),
and having the state duck stamp in his or her possession while taking
those birds.
(b) State duck stamps, open edition, shall be sold for a fee of
ten dollars ($10) by the department and by license agents, who are
authorized by the department pursuant to Section 1055, in the same
manner as hunting licenses.
(c) State duck stamps, Governor's edition, may be printed and sold
on a bid basis, beginning at a minimum bid, as determined by the
department or its representative.
(d) The commission shall determine the form of the state duck
stamp.
(e) The department may prepare and sell artwork, posters, and
other promotional materials related to the sale of duck stamps or
waterfowl hunting and conservation.
(f) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
SEC. 18. Section 6596 of the Fish and Game Code is repealed.
6596. (a) In addition to a valid California sport fishing license
and any other applicable license stamp 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 stamp permanently
affixed to his or her fishing license. A sport fishing ocean
enhancement stamp 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
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 therefrom,
south of a line extending due west from Point Arguello, shall have a
valid commercial fishing ocean enhancement stamp 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 stamp issued to that person that has not been
suspended or revoked.
(d) The base fee for a commercial fishing ocean enhancement stamp
is thirty-five dollars ($35).
(e) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
(f) The base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713.
(g) The commission shall adjust the amount of the fees specified
in subdivision (f), as necessary, to fully recover, but not exceed,
all reasonable administrative and implementation costs of the
department and the commission relating to those licenses.
SEC. 19. Section 7149 of the Fish and Game Code is repealed.
7149. (a) A sport fishing license granting the privilege to take
any fish, reptile, or amphibia anywhere in this state for purposes
other than profit shall be issued to any of the following:
(1) A resident, 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee of thirty-one dollars
and twenty-five cents ($31.25).
(2) A nonresident, 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee of eighty-four dollars
($84).
(3) A nonresident, 16 years of age or older, 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
consecutive designated calendar days, upon payment of one-half of the
fee set forth in paragraph (1). Notwithstanding Section 1053, more
than one two-day license issued for different two-day periods 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 stamps shall be issued by
authorized license agents in the same manner as sport fishing
licenses, and no compensation may be paid to the authorized license
agent for issuing the stamps except as provided in Section 1055.
(c) This section does not apply to licenses, permits,
reservations, tags, or 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.
SEC. 20. Section 7149.2 of the Fish and Game Code is amended to
read:
7149.2. (a) In addition to Sections 714, 7149,
714 and 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 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 or lifetime
sportsman's license shall be entitled annually to the privileges
afforded to a person holding a second-rod stamp or validation issued
pursuant to Section 7149.4 or 7149.45, a sport
fishing ocean enhancement stamp or validation issued pursuant to
paragraph (1) of subdivision (a) of Section 6596 or
6596.1, one steelhead trout report restoration card issued
pursuant to Section 7380, a Bay-Delta sport fishing
enhancement stamp or validation issued pursuant to Section 7360 or
7360.1, and one salmon punchcard 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. 21. Section 7149.3 of the Fish and Game Code is amended to
read:
7149.3. Notwithstanding Section 7149,
7149.05, a sport fishing license is not required for
any a resident to take any
a rattlesnake (genus Crotalus or Sistrurus).
SEC. 22. Section 7149.4 of the Fish and Game Code is repealed.
7149.4. (a) It is unlawful for any person to fish with two rods
without first obtaining a second-rod sport fishing stamp, in addition
to a valid California sport fishing license and any applicable stamp
issued pursuant to subdivision (a) of Section 7149, and having that
stamp affixed to his or her valid sport fishing license. Any person
who has a valid second-rod sport fishing stamp affixed to his or her
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.
(b) The department or an authorized license agent shall issue a
second-rod sport fishing stamp 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 does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
SEC. 23. 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 or 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:
(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 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 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.
(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. 24. Section 7181 of the Fish and Game Code is repealed.
7181. (a) A person fishing from the shore in the waters of the
Colorado River located in Arizona or California shall have in his or
her possession a valid sportfishing license issued by the state that
has jurisdiction over that shore. That shoreline fishing does not
require a Colorado River special use stamp as long as the fisherman
remains on the shore and does not embark on the water. Any person,
however, having in his or her possession a valid Arizona sportfishing
license and a California special use stamp may fish from the shore
in the waters of the Colorado River, or adjacent waters, except
canals, drains, and ditches used to transport water used for
irrigation or domestic purposes, located in California, without a
sportfishing license issued by the State of California.
(b) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
SEC. 25. Section 7182 of the Fish and Game Code is repealed.
7182. (a) Arizona Colorado River special use stamps shall be
issued by California authorized license agents under the supervision
of the department in the same manner as sportfishing licenses are
issued, and California sportfishing licenses and California Colorado
River special use stamps shall be issued by Arizona license dealers
under the supervision of the Arizona Game and Fish Commission.
(b) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
SEC. 26. Section 7183 of the Fish and Game Code is repealed.
7183. (a) The Arizona Game and Fish Commission shall handle
California sportfishing licenses and California special use stamps
and issue them to Arizona license dealers. Prior to August 31 of each
year, that commission shall make an audit report and send a
remittance for those sales to the California Department of Fish and
Game.
(b) The California Department of Fish and Game shall handle
Arizona special use stamps and issue them to California license
dealers. Prior to August 31 of each year, that department shall make
an audit report and send a remittance for those sales to the Arizona
Game and Fish Commission.
(c) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
SEC. 27. Section 7184 of the Fish and Game Code is repealed.
7184. (a) An Arizona special use stamp is valid from January 1 to
December 31, inclusive, of each year, to coincide with the period
for which a California sportfishing license is issued.
(b) A California special use stamp is valid for one year to
coincide with the period for which an Arizona fishing license is
issued.
(c) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
SEC. 28. Section 7186 of the Fish and Game Code is repealed.
7186. (a) When the director determines from the Secretary of
State that copies of the law of the State of Arizona have been
received by the Secretary of State which provides for an Arizona
resident sportfishing license valid for a period of less than one
year, a California special use stamp valid for the same period as the
Arizona resident sportfishing license may be issued for a fee of one
dollar ($1).
(b) If Arizona issues a resident sportfishing license for a term
less than one year for the purpose of changing to a calendar year
license from a fiscal year license, that license shall be deemed to
be a license upon substantially the same terms and conditions as are
provided for the issuance of California licenses to licensees of the
State of Arizona for the purposes of Section 7185.
(c) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
SEC. 29. Section 7860 of the Fish and Game Code is amended to
read:
7860. (a) Except as provided in subdivision (f) or (g), no person
who is 18 years of age or more and less than 70 years of age, on or
before April 1 of the current license year, shall take salmon for
commercial purposes or be on board a vessel on which salmon are taken
for commercial purposes while salmon are being taken or transported
unless that person has a commercial fishing salmon stamp issued
pursuant to this section affixed to his or her commercial fishing
license.
(b) Except as provided in subdivision (f) or (g), the operator of
a vessel on which salmon are taken for commercial purposes shall not
permit a person on board that vessel while salmon are being taken or
transported unless that person was less than 18 years of age or 70
years of age or more on April 1 of the current license year or that
person has a commercial fishing salmon stamp affixed to the person's
commercial fishing license.
(c) Except as provided in this subdivision, the department shall
issue a commercial fishing salmon stamp upon application therefor and
payment of the fee of eighty-five dollars ($85). For any commercial
salmon season preceded by a commercial salmon season in which the
commercial troll salmon landings in this state equal or exceed
3,000,000 pounds dressed weight, as determined by the department, the
fee shall be increased by twelve dollars and fifty cents ($12.50)
for every 250,000 pounds over 3,000,000 pounds of dressed weight
landings, except that the total fees as adjusted shall not exceed two
hundred sixty dollars ($260).
(d) A commercial fishing salmon stamp is valid during the
commercial salmon season of the year in which it was issued.
(e) Notwithstanding Section 1053, upon
Upon application and payment of an additional fee equal to that
prescribed in subdivision (c), the department may issue an
additional commercial fishing salmon stamp for a crewmember to the
owner or operator of a vessel who holds a commercial fishing salmon
stamp.
(f) Notwithstanding subdivision (a), one crewmember of a vessel
for which a commercial fishing salmon stamp is issued pursuant to
subdivision (e) may be aboard that vessel and take salmon for
commercial purposes as a crewmember on that vessel without obtaining
a commercial fishing salmon stamp under the following conditions:
(1) The crewmember is designated by name and commercial fishing
license number on a form furnished by the department before salmon
are taken on the vessel when that crewmember is aboard.
(2) The crewmember has a valid commercial fishing license issued
under Section 7850.
(3) The commercial fishing salmon stamp for the crewmember is
affixed to the form prescribed in paragraph (1) on which the vessel
registration number of the vessel is entered and on which the
crewmember who is exempted by this subdivision is designated by the
last entered name and commercial fishing license number.
(g) Persons who are exempt from the license requirements, or who
are not required to be licensed, pursuant to Section 7850, are exempt
from the requirements of this section.
SEC. 30. Section 12002.2.1 of the Fish and Game Code is amended to
read:
12002.2.1. (a) Notwithstanding any other provision of law, a
violation of any of the following is an infraction, punishable by a
fine of not less than fifty dollars ($50), or more than two hundred
fifty dollars ($250), for a first offense:
(1) Subdivision (a) of Section 6596.
(2)
(1) Subdivision (a) of Section 6596.1.
(3) Subdivision (a) of Section 7149.4.
(4)
(2) Subdivision (a) of Section 7149.45.
(5)
(3) Subdivision (b) of Section 7180.
(6)
(4) Subdivision (b) of Section 7180.1.
(7) Subdivision (a) of Section 7360.
(8)
(5) Section 1.18 of Title 14 of the California Code of
Regulations.
(b) If a person is convicted of a violation of any of the sections
listed in subdivision (a) within five years of a separate offense
resulting in a conviction of a violation of any of those sections,
that person shall be punished by a fine of not less than one hundred
dollars ($100) or more than five hundred dollars ($500).
(c) If a person convicted of a violation of any of the sections
listed in subdivision (a) produces in court the applicable sport
fishing ocean enhancement stamp, sport fishing ocean enhancement
validation, second rod sport fishing stamp, second rod sport fishing
validation, Colorado River special use stamp, Colorado River special
use validation, Bay-Delta Sport Fishing Enhancement Stamp or
Bay-Delta Sport Fishing Enhancement validation issued pursuant to
this code and valid at the time of the person's arrest, and if the
taking was otherwise lawful with respect to season, limit, time, and
area, the court may reduce the fine imposed for the violation to
twenty-five dollars ($25).
SEC. 31. Section 12153 of the Fish and Game Code is amended to
read:
12153. Any A commercial fishing
license is forfeited for the violation of any of the
provisions of Sections 1050 1050.1
to 1060, inclusive, or 2012 of this code,
Section 2012, or of any of the provisions of this code
relating to the use of nets.
SEC. 32. Section 13005 of the Fish and Game Code is amended to
read:
13005. (a) Notwithstanding Section 13001, the fees collected from
lifetime sportsman's licenses and privileges issued pursuant to
Section 714, lifetime hunting licenses and privileges issued pursuant
to Section 3031.2, and lifetime sport fishing licenses and
privileges issued pursuant to Section 7149.2 shall be deposited as
follows:
(1) Twenty dollars ($20) from the initial issuance of each
lifetime license shall be deposited in the Fish and Game Preservation
Fund for use in accordance with Section 711.
(2) The balance of the fees collected shall be deposited in the
Lifetime License Trust Account which is hereby created in the Fish
and Game Preservation Fund. Except as provided in this section, that
principal amount of the money in the account from the fee for a
lifetime license shall not be used, except for investment.
(b) The money in the Lifetime License Trust Account may be
transferred and invested through the Surplus Money Investment Fund
and all interest shall accrue to the account pursuant to subdivision
(g) of Section 16475 of the Government Code.
(c) Upon issuance of a lifetime license or lifetime privilege
issued pursuant to Section 714, 3031.2, or 7149.2, the department
shall transfer the following amounts from the Lifetime License Trust
Account to the Fish and Game Preservation Fund:
(1) Twenty-nine dollars and twenty-five cents ($29.25) for an
annual resident hunting license or an annual resident sport fishing
license.
(2) Seven dollars and twenty-five cents ($7.25) for a junior
hunting license.
(3) Nine dollars and twenty-five cents ($9.25) for one second-rod
stamp or validation issued pursuant to Section 7149.4 or
Section 7149.45.
(4) Two dollars and fifty cents ($2.50) for one sport fishing
ocean enhancement stamp or validation issued pursuant to subdivision
(a) of Section 6596 or subdivision (a) of Section 6596.1.
(5) Three dollars and fifty cents ($3.50) for one Bay-Delta sport
fishing enhancement stamp or validation issued pursuant to
Section 7360 or Section 7360.1.
(6) Three dollars and seventy-five cents ($3.75) for one steelhead
trout catch report-restoration card issued pursuant to Section 7380.
(7) One dollar ($1) for one salmon punchcard issued pursuant to
regulations adopted by the commission.
(8) Nineteen dollars and twenty-five cents ($19.25) for a deer tag
application issued pursuant to subdivision (a) of Section 4332.
(9) Eight dollars and seventy-five cents ($8.75) for five wild pig
tags issued pursuant to Section 4654.
(10) Ten dollars ($10) for one state duck stamp or validation
issued pursuant to Section 3700 or 3700.1.
(11) Six dollars and twenty-five cents ($6.25) for one upland game
bird stamp or validation issued pursuant to Section 3682 or 3682.1.
SEC. 33. Section 113 of the Government Code is amended to read:
113. The Legislature of California
Legislature, acting through the State Lands Commission, hereby
consents to the retrocession of jurisdiction by the United States
of over land within this state upon and
subject to each and all of the following express conditions:
(a) The United States must in writing have requested state
acceptance of the retrocession, and unless there is an
officer of the United States empowered by a United States statute to
cede retrocede jurisdiction, the
request shall be by the act of Congress. The retrocession may return
all jurisdiction to the state or may provide for concurrent
jurisdiction.
(b) When the conditions of subdivision (a) have been found and
declared to have occurred and to exist, by the State Lands
Commission, the commission shall hold a hearing to determine whether
acceptance of the retrocession is in the best interests of the state.
Notice of the hearing shall be published pursuant to Section 6061 in
each county in which the land or any part of the land is situated
and a copy of the notice shall be personally served upon the clerk of
the board of supervisors of each such county. The State Lands
Commission shall make rules and regulations governing the conditions
and procedure of the hearings.
(b) The proposed retrocession is in the best interest of the
state.
(c) A notice of the proposed retrocession has been given to the
clerk for the board of supervisors of each county in which the
federal lands are located at least 15 days before the proposed
retrocession is considered by the State Lands Commission.
(d) The United States has agreed to bear all costs and expenses
incurred by the State Lands Commission in making the retrocession.
(c) The
(e) The acceptance of the retrocession
shall be made at a publicly noticed meeting of the State Lands
Commission. The determination of the State Lands Commission
shall be final and the retrocession of jurisdiction
accepted shall become effective when certified copies of its orders
or resolutions have been recorded in the office of the county
recorder of each county in which any part of the land is situated.
The State Lands Commission shall keep copies of its orders or
resolutions and make them available to the public upon request.
SEC. 34. Section 741 of the Public Resources Code is amended to
read:
741. (a) The board shall appoint a Range Management Advisory
Committee and shall consult with the advisory committee on rangeland
resource issues under consideration by the board.
(b) The advisory committee shall consist of 11 members, who shall
be selected as follows:
(1) Two Three members of the general
public, who have an interest and background in the conservation of
range resources or special knowledge in the protection of range and
brushland soils and watersheds.
(2) One member nominated by the Watershed Fire Council of Southern
California.
(3)
(2) One member nominated by the California Association
of Resource Conservation Districts.
(4)
(3) Seven members nominated by organizations
representing owners of range and brushlands.
(c) Members of the advisory committee shall serve without
compensation.
(d) The Secretary of the Natural Resources Agency, the
Secretary for Environmental Protection, and the Secretary of Food and
Agriculture shall notify the advisory committee of, and are
encouraged to consult with the advisory committee on, rangeland
resource issues that are under consideration by the Natural
Resources Agency, the California Environmental Protection
Agency, and the Department of Food and Agriculture, respectively.
SEC. 35. Section 8301 of the Public Resources Code is amended to
read:
8301. The Governor, on application therefor by a duly authorized
agent, may convey to the United States any a
tract of land not exceeding that does
not exceed 10 acres, belonging to the State
state and covered by navigable waters, for the site of a
lighthouse, beacon, or other aid to navigation. After
conveyance, the United States shall have jurisdiction over the tract,
subject to the right of the State to have concurrent jurisdiction so
far that all process, civil or criminal, issued under authority of
the State may be executed by the proper officers thereof within the
tract, upon any person amenable thereto, in like manner and with like
effect as if the conveyance had not been made.
SEC. 36. Section 30310.5 of the Public Resources Code is repealed.
30310.5. This division or any other law, including any doctrine
of common law, shall not preclude or prevent the appointment, as a
public member, to the commission of a person who is not a locally
elected official.
SEC. 37. Section 30315 of the Public Resources Code is amended to
read:
30315. (a) The commission shall meet at
least once a month 10 times annually at
a place convenient to the public. All meetings of the commission
shall be open to the public.
A
(b) A majority of the total
appointed membership of the commission shall constitute a quorum.
Any An action taken by the commission
under this division requires a majority vote of the members present
at the meeting of the commission, with a quorum being present, unless
otherwise specifically provided for in this division.
