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California Sportsmans Lobby
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Legislative Update
July, 2006
July, 2006
By Kathryn A. Lynch, CSL Lobbyist
On June 30, 2006 Gov. Arnold Schwarzenegger signed a bipartisan budget that invests a record $55.1 billion in education - an increase of $3.1 billion this year and $8.3 billion over the last two years - and allocates $4.9 billion to create a fiscally responsible budget reserve and to pay down the state's debt early. Click here for more details.
The governor’s Press Release may be found at: http://gov.ca.gov/index.php/press-release/1296/ Click here to view it.
California game wardens are under paid and under funded. As a result, the states game warden staffing has declined to the same level it was in 1957 (192 total). However, since that time, California’s population and the duties and responsibilities imposed on game wardens by the state legislature have increased dramatically. Because game wardens starting pay is thousands of dollars below the starting pay of other state law enforcement officers, such as the California Highway Patrol, and because they have a higher mortality rate on the job, it is extremely difficult to recruit new wardens. In fact, there are game warden positions currently left open because the Department cannot get people to apply for them. CSL is helping game wardens to seek better funding through the legislative state budget process with the objective of giving them a compensation package that is competitive with other state law enforcement agencies and providing enough funds to effectively carry out their duties in the field.
Kathryn Lynch, legislative advocate for CSL, attended and testified at both the Assembly Budget Subcommittee No. 3 on Natural Resources and Environmental Protections and the Senate Budget and Fiscal Review Subcommittee No. 2 on Resources, Environmental Protection and Energy on behalf of CSL.
The Department of Justice has released an information bulletin that provides a brief summary of the new and amended firearms/weapons laws effective January 1, 2006. The bulletin can be found at: http://caag.state.ca.us/firearms/infobuls/index.html. Click here to view it.
James Kellogg was confirmed a member on May 24, 2006 as the Governor’s most recent Appointee as a Member of the Fish and Game Commission. The current Commission members are:
Executive Director Mr. John Carlson, Jr.,
President Michael Flores; term expires on January 15, 2007.
Vice President Bob Hattoy; term expires on January 15, 2009.
Member James Kellogg; term expires January 15, 2012.
Member Richard B. Rogers; term expires January 15, 2011.
Member Cindy Gustafson; term expires January 15, 2010.
A Group claiming to be composed of “responsible” hunters and biologists, and calling itself The Center for Biological Diversity and “Project Gutpile”, et al., is calling for stopping the use of bullets containing lead in California Condor territory, the majority of the state.
They allege condors eat gut piles and carcasses of animals shot by hunters, and flatly state that the decline of the California condor from lead poisoning is a direct result of hunting with lead containing bullets. Their proposed solutions range from stopping all hunting to requiring the use of bullets that do not contain lead such as the Barnes “X” bullets.
They have established a campaign, “Project Gutpile”, to get hunters to voluntarily stop using lead containing bullets. Project Gutpile also cites the toxicity of lead to other predator and scavenger species throughout the state which led to a second proposal for a statewide ban on all ammunition of any kind containing lead.
Project Gutpile, (The Center for Biological Diversity), made a presentation to the State Fish and Game Commission at its meeting in San Diego, in February of last year, and proposed regulations to stop the use of lead containing ammunition for hunting. The Commission voted 3-1 against passing such a regulation at this time but called for a study of the issues.
According to the State Department of Fish and Game, it is not supporting banning lead containing ammunition. It says it is aware, however, that this issue is also being discussed at the federal level with sportsmen groups, ammunition manufacturers, etc., in Washington, D.C. California sportsmen will strongly oppose any future proposed ban on lead containing ammunition. Activities related to this topic in California will continue to be monitored closely. Proposed state legislation banning lead ammunition has failed to pass twice (AB 1002 in 2005 and AB 2123 in 2006).
As a result of the failure of these bills, the supporters of banning lead containing ammunition have stated that they will take the issue back to the Fish and Game Commission seeking to ban lead ammunition in the mammal hunting regulations which the commission will revise in 2007, in accordance with its two year regulatory cycle. They have also threatened to place a state ballot initiative before the voters if the commission fails to act. In addition, on July 11, 2006, they announced their intention of filing a lawsuit to force the Fish and Game Commission to ban lead bullets.
It is clear that this is an issue that is not going away, even though there is no conclusive scientific proof that it is hunter's ammunition that is responsible for the deaths of condors attributable to lead.
In an earlier form, SB 1032 (Hollingsworth) would have allowed the sale of license tags for antelope and elk to non-residents of California and would have taken the tags thus issued from the total number of tags available to the states own residents. Although viewed by its sponsors as simply reciprocity with other states that issue non-residents tags to Californian’s, the bill at that time did not take into account the extremely small number of total antelope and elk tags sold in California compared to the relatively large number of such tags sold in other states. SB 1032 would also have increased the number of DFG fund raising (auction) tags for deer from 10 to 100. The additional tags would have been taken from the number of tags available to the states general sportsmen, but the bill did not specify how the tags were to be allocated from the various deer hunting zones, or whether they would be good only for the season and zone from which taken, or for any season in any zone.
However, these problems in drafting were small when compared to what happened when SB 1032 was presented for its hearing before the Senate Appropriations Committee. A committee consultant discovered that, unlike other revenues to the state, the existing money received from the auction of bighorn sheep, elk and deer license tags could be spent directly by the Department of Fish and Game without first having it allocated (appropriated) through the regular state budget development process. The result was that many committee members were thinking about amending the bill to have the additional tag money it would generate, plus the existing money from bighorn sheep, elk and deer license tag auction sales, go through the state budget process. This would have placed all auction license tag revenues in severe jeopardy because special purpose money is often re-directed during the budget process to be used for other non-related purposes. A familiar example would be the practice of using gasoline tax money for social programs instead of road repairs.
To his great credit, Senator Hollingsworth, upon finding out what committee members were thinking of doing, amended the bill to remove all provisions relating to auction license tag sales, thus protecting both the proposed new money and the existing auction tag revenues from being used for non-wildlife management purposes. Later, he amended SB 1032 to deal only with very limited sales of nonresident antelope and elk tags (see SB 1032 below under “key legislation” for its current provisions). The unfortunate history of SB 1032 described above is a good example of what can happen when bill sponsors apparently are not fully informed about the perils and procedures of the legislative process. Senator Hollingsworth did a masterful job of preventing a disaster when all the facts became known to him.
CSL is currently tracking 91 bills.
AB 352 (Koretz) Firearms: microstamping – would expand the
definition of “unsafe handgun” to include semiautomatic pistols that are not designed and
equipped with a microscopic array of characters that identify the make, model, and serial
number of the pistol, and which characters are transferred by imprinting on each cartridge
case when the firearm is fired. This bill has been reactivated and will be voted upon on the
Senate Floor in early August.
Location: Removed from the Senate Floor inactive file, and will be voted upon in August Position: Oppose.
AB 647 (Koretz) Wild animals: domestic ferrets - would
allow domestic ferrets to be owned as pets without a permit if the owner of a ferret
maintains, and can produce, documentation showing that the ferret has been vaccinated against
rabies with a vaccine approved for use in ferrets by the United States Department of
Agriculture and administered in accordance with the recommendations of the vaccine
manufacturer and if the ferret is spayed or neutered, as specified
Location: Senate Appropriations Committee Suspense File Position: Watch.
AB 839 (Torrico) Gambling Control Act: nonprofit organization
fundraisers - would revise that act to permit a nonprofit organization to conduct
fundraisers using controlled games as a funding mechanism to further the purposes and mission
of the nonprofit organization. It would prohibit a nonprofit organization holding a
fundraiser from conducting more than 2 fundraisers per calendar year, require that each
fundraiser be limited to no more than 5 consecutive hours, and prohibit a nonprofit
organization from conducting more than one fundraiser per day. It would also prohibit cash
prizes or wagers from being awarded to participants, but would allow winners of controlled
games to receive prizes from those donated. At least 90% of revenue from fundraisers to go
directly to the nonprofit organization.
Location: Failed to meet deadline for passage in Senate Governmental Organization
Committee. Position: Watch
AB 874 (Wolk) Avian flu wildlife surveillance – would
establish the Avian Flu Wildlife Surveillance Act that would require the State Resources
Agency to test and monitor birds and wildlife for avian influenza.
Location: Senate Appropriations Committee. Position: Watch.
AB 1912 (Maze) Employment rights - would prohibit an
employer from discharging or refusing to hire an employee or applicant on the basis that
the employee or applicant legally stores a firearm in his or her vehicle at the worksite,
locked up and out of public view.
Location: Failed passage in Assembly Labor and Employment Committee. Position: Support
AB 2096 (Parra) Sales and use taxes: exemptions: firearm safety
devices - would, for calendar years beginning on or after January 1, 2007,
exempt from state taxes the gross receipts derived from the sale of, and the storage,
use, or other consumption in this state of, a firearm safety device, gun safe, or long-gun
safe, as defined.
Location: Failed passage in the Assembly Appropriations Committee. Position: Oppose
unless amended. Acceptable
amendments were pending at the time of the bill's failure
AB 2110 (Hancock) Animal cruelty: dogs: field coursing -
would provide that any person who knowingly engages in "live field coursing" as defined, is
guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to
exceed 6 months, by a fine not to exceed $1,000, or by both that imprisonment and fine. It
would provide that nothing in its provisions shall prohibit the use of dogs in the management
of livestock or for hunting, the training of dogs, or the use of dogs to take animals
injuring growing crops or other property. Presently, field coursing is classified as a form
of hunting that requires a hunting license
Location: Failed passage on Assembly Appropriations Committee suspense file. Position: Oppose
AB 2123 (Nava) Ridley-Tree Condor Preservation Act - would
require the use of nonlead centerfire rifle and pistol ammunition when taking big game, as
defined by the department' s mammal hunting regulations, and coyote, within deer zones D11,
D13, and that part of zone A South located within Monterey County. It would require the
commission to establish, by regulation, by January 1, 2008, a public process to certify
centerfire rifle and pistol ammunition as nonlead ammunition. The bill would also require
the commission, to the extent funding is available, to provide hunters in these areas with
nonlead ammunition at no charge.
Location: Failed passage in Assembly Water, Parks and Wildlife Committee. Position: Oppose
AB 2146 (Canciamilla) Hunting or fishing: local regulation
- taking of fish and game unless the ordinnance is necessary to protect public health and
safety and has only an incidental effect upon the regulation of fish and game by the
Department of Fish and Game and the Fish and Game Commission. If an ordinance proposed by a
city or county does not meet these requirements, the bill would authorize the city or county,
upon consultation with the department, to petition the commission to adopt a regulation
concerning the matter set forth in the proposed ordinance. The bill would establish a process
for commission review of, and recommendations regarding, a proposed action by a state or
local agency that would significantly impede public access to navigable waters held in
public trust by the state, and thereby impact public hunting or fishing rights.
Location: Failed to meet deadline for passage in Senate Natural Resources and Water
Committee. Position: Support. Successfully negotiated amendments to make its application
statewide covering all lands, waters, wetlands and waterways. This bill will be reintroduced,
as amended, in 2007.
AB 2166 (La Suer) Mentored hunting program - would require,
on or before July 1, 2008, the Fish and Game Commission to formulate and adopt regulations
to create and implement a voluntary mentored hunting program, which would include specified
requirements. The bill would require the commission to assess a reasonable fee to all
apprentices who participate to recover the actual costs incurred in the establishment and
operation of the program.
Location: Failed to meet deadline for passage in Assembly Water, Parks and Wildlife
Committee. Position: Watch
AB 2268 (Saldana) Sportfishing: licenses: sportsfishing day trips
- would provide that any current active duuty member of the military who is presently
receiving in-patient medical care in a military or Veterans Administration hospital ,
and any resident or nonresident service-connected disabled veteran, as defined, may, without
having a sportfishing license and without the payment of any fee, exercise the privileges of
a holder of a sportfishing license for the duration of a sportfishing day trip operated by a
nonprofit organization organized for the purpose of providing recreational rehabilitation
therapy for disabled veterans, subject to all of the limitations, restrictions, conditions,
laws, rules, and regulations applicable to the holder of a sportfishing license.
Location: Senate Appropriations Committee. Position: Support
AB 2273 (Maze) Mountain lions: compensation for injury -
would permit any person who has been injured by a mountain lion, or the spouse or dependent
child of any person who has been killed by a mountain lion, as verified by a warden of the
Department of Fish and Game, to apply to the Government Claims Program within the California
Victim Compensation and Government Claims Board for all reasonable medical, physical, and
psychological costs incurred by that injured person, to be paid out of the Wildlife
Restoration Fund. The bill would make an appropriation by expanding the purposes for which
these continuously appropriated funds may be expended to include the reimbursement of claims
made to the Government Claims Program.
Location: Failed passage in Assembly Business and Professions Committee. Position: Support
AB 2467 (Maze) Mountain lions: memorandum of understanding
- would require the Department of Fish andd Game to enter into a memorandum of understanding
with the United States Fish and Wildlife Service to set forth the protocol for responding to
mountain lion attacks and to grant the United States Fish and Wildlife Service the authority
to issue depredation permits to take mountain lions in the state.
Location: Failed to meet deadline for passage in Assembly Water, Parks and Wildlife Committee.
Position: Watch
AB 2497 (Laird) Department of Fish and Game: funding -
would modify legislative funding intent language to declare that the Department of Fish and
Game should be funded by user fees for programs that directly benefit user groups, and that
programs that are of broad public benefit should be paid out of the General Fund.
Location: Senate Appropriations Committee. Position: Watch
AB 2521 (Jones) Firearms - would remove the current option
allowing federally licensed firearms dealers to show proof of exemption from local licensing
requirements instead of a DOJ issued verification number for purposes of transferring
firearms, if applicable, and require them to instead obtain a verification number, regardless
of their exemption. The bill would require the use of the verification number whenever an
exempt dealer takes delivery of a firearm from a wholesaler or other transferor to assure
that the transfer is lawful. Violation of these provisions by a dealer would be punishable as
a misdemeanor.
Location: Senate Appropriations Committee. Position: Watch
AB 2714 (Torrico) Ammunition - originally would have
provided that, regardless of a customers age, no ammunition or reloaded ammunition
(including components) may be delivered pursuant to a retail transaction unless the
purchaser personally presents bona fide evidence of his or her identity and age, as
specified, to the seller of the ammunition. Bona fide evidence is defined to mean a
government issued picture identification such as a drivers license. Violation of these
provisions by an ammunition retailer would be a misdemeanor on a first offense and a
possible felony on a second or subsequent offense. It was recently amended, however, to
instead require that the common or contract carrier delivering retail internet, catalog or
mail order handgun ammunition to a purchaser check the persons identification to verify age
and identity. As now amended, it does not impact retail sales made in person such as in
stores. It does not affect wholesale sales or deliveries such as those made to dealers.
Location: Senate Appropriations Committee. Position: Originally opposed, neutral as
amended.
AB 2728 (Klehs) Firearms - originally would have provided that the Department of Justice or local agency responsible for inspections of firearms dealers may, at their discretion, verify dealer compliance with existing law by completing a compliance inspection of the business premises before the dealer first opens for business. It would also provide that any dealer who fails to meet the applicable requirements would be granted at least 30 days from notice of inspection findings to make corrections as necessary, and then be given a subsequent inspection to provide evidence of compliance. This bill would also have provided that the department may immediately seek an interim suspension order, as specified, or temporarily remove from the dealers list any person who knowingly or with gross negligence violates specified provisions of law regulating firearms dealers in a manner that places public health and safety in imminent danger. The bill would also have provided that lesser violations would be subject to notices for corrective action and fines, and that removal from the centralized list of dealers would be in accordance with the Administrative Procedures Act, as specified.
AB 2728 was recently amended to totally remove all of its provisions and to substitute,
instead, some revisions streamlining DOJ`s administration of the assault weapons laws and to
provide a civil procedure that can be used in lieu of criminal prosecution for those who are
found to be in the illegal possession of an assault weapon.
Location: Senate Appropriations Committee. Position: Originally opposed; position
pending with new amendments.
ACR 73 (McCarthy) Firearms statutes - would request
the California Law Revision Commission to re-write California`s voluminous, complex and
convoluted firearms laws to make them more understandable for firearms owners and law
enforcement officers.
Location: Senate Public Safety Committee. Position: Watch
SB 59 (Lowenthal) Firearms – would make it an infraction
not to report the loss or theft of a firearm to Law Enforcement, and would treat a frame or
receiver as a complete firearm for purposes of this reporting requirement. This legislation
has been introduced in past years by various legislators with misdemeanor penalties.
They have failed because a misdemeanor is a crime and there has been a reluctance to
criminalize failure to comply with the reporting requirement. As an infraction, it could
receive more serious attention from the Legislature. It is now on the “inactive file”.
Location: Assembly Floor. Position: Oppose
SB 357 (Dunn) Ammunition: serialized handgun ammunition -
would establish a program requiring serialization of handgun ammunition, as defined, to be
enforced by the Department of Justice. It would require, commencing January 1, 2009, that
handgun ammunition be serialized. The bill would specify the nature of the serialization and
provide various exceptions to certain prohibitions in the bill. Manufacture and transfer,
of nonserialized handgun ammunition after that date would be an offense, as specified.
Possession of nonserialized ammunition, subject to exceptions, after January 1, 2016, would
be an infraction or a misdemeanor. The bill would require ammunition vendors and
manufacturers to register with the Department of Justice, as specified. The bill would
require specified information in connection with handgun ammunition transactions be recorded
and maintained by the vendor and manufacturer. Willful failure to comply with certain record
requirements by a vendor would be an offense. Provision of false information to a vendor by
a prospective ammunition purchaser would be an offense. The bill would impose a fee of $.005
per bullet or round of ammunition, and a $50 annual registration fee for handgun ammunition
vendors. The Department of Justice would be authorized to adopt regulations relating to
assessing and collecting those fees. The fees would be deposited in the Serialize Handgun
Ammunition Fund, which would be established by the bill. Manufacturers who fail to comply
with certain registry and recordkeeping requirements would be liable for civil penalties, as
specified. Persons who obliterate the serialization on assembled ammunition or bullets would
be guilty of an offense.
Location: Assembly Appropriations Committee; has until August to be passed. Position: Oppose
SB 1032 (Hollingsworth) Antelope and elk hunting - would
authorize any person generally, without regard to residency, to obtain an antelope or elk
license tag if certain requirements are met. The bill would also require the commission on or
before July 1, 2007, and by regulation, to fix the antelope license tag fee for a nonresident
of the state at not less than $350 and to fix the elk license tag fee for a nonresident of
the state at not less than $1050. The bill would limit the total number of tags issued
annually to nonresidents to one antelope tag and one elk tag.
Location: Assembly Appropriations Committee. Position: Watch
SB 1033 (Hollingsworth) Deer management - existing law
provides for the management of deer, and requires the Department of Fish and Game to develop
plans for deer herd management units. Existing law also requires the department not later
than December 15 of each year to notify the Board of Supervisors of each specified county as
to the department's recommendations for an antlerless deer hunt. Existing law allows the
Board of Supervisors of each specified county, by resolution, to elect not to have antlerless
deer hunts in that county. This bill would delete the provision of law permitting the Board
of Supervisors of any specified county to prohibit antlerless deer hunts in the county, thus
giving the Department the ability to fully manage the states deer herds.
Location: Failed to meet deadline for passage in Senate Natural Resources & Wildlife Committee.
Position: Watch.
SB 1200 (Hollingsworth) Hunting: commercial hunting club licenses -
would require a person operating a commercial hunting club to which sportsmen pay a fee or
dues for the privilege of taking birds or mammals to obtain a commercial hunting club license.
The bill would additionally exempt from having to obtain a commercial hunting club license
any landowner who rents or leases his or her property to a commercial hunting club and is
not involved in the operation of the club.
Location: Assembly Floor. Position: Support
SB 1239 (Hollingsworth) Firearms: transactions - would
prohibit copies of DROS forms given to the buyer or seller in a private party firearms
sales transaction conducted through a licensed firearms dealer from containing personal
information regarding the other party to the transaction.
Location: Signed by Governor; takes effect January 1, 2007. Position: Support
SB 1535 (Kuehl) Fish and game – would recognize currently
existing practice by permitting the Fish and Game Commission to employ a staff, including
an executive director, to assist the commission in conducting its operations. It would
require the commission to adopt and approve a conflict of interest code, and would prohibit
a former commissioner from acting as an agent or attorney for any person relative to issues
covered by the commission for a period of 12 months after leaving office. The bill would
delete the requirement that the commission hold specified meetings relating to commission
regulations as to fish, amphibians, reptiles, mammals, and resident game birds, and instead
would require the commission to hold no fewer than 10 regular meetings per calendar year. The
bill would permit the commission to hold special meetings or hearings to receive additional
input from the Department of Fish and Game and the public. The bill would require the
commission to consider and adopt specified regulations relating to birds, mammals, fish,
amphibia, and reptiles at a series of no fewer than 3 meetings, as provided.
Location: Assembly Appropriations Committee. Position: Watch
SB 1538 (Scott) Firearms - would provide that any person
who is prohibited from possessing a firearm who knowingly furnishes a fictitious name or
address or knowingly furnishes any incorrect information or knowingly omits any information
required to be provided for the register (DROS form) in order to obtain a firearm would be
punished by imprisonment in a county jail not exceeding one year or imprisonment in the state
prison.
Location: Assembly Appropriations Committee. Position: Watch
SB 1578 (Lowenthal) Dogs: tethering prohibition – would,
with some exceptions, prohibit a person from tethering, fastening, chaining, tying, or
restraining a dog to a dog house, tree, fence, or other stationary object.
Location: Assembly Appropriations Committee. Position: Watch. Successfully obtained amendments that
exempt licensed sportsmens activities.
SB 1686 (Kuehl) Wildlife conservation - would authorize
the Wildlife Conservation Board, when it prioritizes the use of available funds for proposed
wildlife habitat acquisitions, to consider and take into account the potential of forestlands
that are proposed as an acquisition to beneficially reduce or sequester greenhouse gas
emissions.
Location: Assembly Appropriations Committee. Position: Watch
SB 1806 (Figueroa) Animals: abuse - would increase
penalties for leaving or confining companion animals unattended in a motor vehicle under
conditions that endanger the health or well-being of an animal due to heat, cold, lack of
adequate ventilation, or lack of food or water, or other circumstances that could reasonably
be expected to cause suffering, disability, or death to the animal.
Location: Assembly Appropriations Committee. Position: Watch. Successfully obtained
amendments that would delete provisions that could affect sportsmen while engaged in hunting
or dog training, or while going to or from these activities.
July 1 is the beginning of new fiscal year.
July 7 Summer Recess for the Legislature
August 7 the Legislature reconvenes
August 18 Last day for Fiscal Committees to meet and report bills to the Floor
August 21 through August 31 Floor Sessions only. No committees, other than Committee on
Rules or Conference Committees may meet for any other purpose.
August 25 Last day to amend bills to the floor
August 31 Last day for each House to pass bills
August 31 Final Recess begins
September 30 Last Day for Governor to sign or veto bills.
November 7, 2006 is California’s General Election
Click here to locate your legislator.
Click here to view the tentative legislative calendar for 2006.
*** The list of key bills in this report represents only some of the many bills that Lynch and Associates is engaged in for CSL.
Bills are subject to change as they progress through the legislature. We will try to keep you up to date on some of the key bills under "CSL News".
Send comments to:
California Sportsman's Lobby, Inc.
P.O. Box 1527Sacramento, CA 95812-1527
Phone: (916) 441-7563 Fax: (916) 441-6490
E-mail to: csl@calwildlife.org
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