California Senate Bill SB1473 Amended / Bill

 BILL NUMBER: SB 1473AMENDED BILL TEXT AMENDED IN SENATE MARCH 30, 2016 INTRODUCED BY Committee on Natural Resources and Water (Senators Pavley (Chair), Allen, Hertzberg, Hueso, Jackson, Monning, Stone, Vidak, and Wolk) FEBRUARY 29, 2016 An act to amend Sections 200, 460,  1053.5,  2076.5, and 7120 of, to amend the heading of Chapter 2 (commencing with Section 200) of Division 1 of, to amend the heading of Article 1 (commencing with Section 200) of Chapter 2 of Division 1 of, to amend and renumber Section 206 of, to add Chapter 3.5 (commencing with Section 399) to Division 1 of, to add Article 1.5 (commencing with Section 7110) to Chapter 1 of Part 2 of Division 6 of, to repeal and add Article 2 (commencing with Section 250) of Chapter 2 of Division 1 of, to repeal Sections 202, 204, 205.1, 207, 210, 211, 215, 217.5, 217.6, 218, 220, and 300 of, and to repeal Article 1.5 (commencing with Section 240) of Chapter 2 of Division 1 of, the Fish and Game Code, to amend Section 11343.4 of the Government Code,  and  to amend Section 131052 of the Health and Safety Code,  and to repeal Chapter 1700 of the Statutes of 1967,  relating to  fish and wildlife.   natural resources.  LEGISLATIVE COUNSEL'S DIGEST SB 1473, as amended, Committee on Natural Resources and Water.  Fish and Game Commission: procedures.   Natural resources.  The California Constitution provides for the delegation to the Fish and Game Commission of powers relating to the protection and propagation of fish and game. Existing statutory law delegates to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibia, and reptiles, except as provided. Existing law establishes procedures that are specific to regulations adopted by the commission pursuant to this authority. This bill would clarify that those procedures apply generally to any commission regulation that governs the take or possession of any bird, mammal, fish, amphibian, or reptile, except as provided. The bill would conform certain commission rulemaking procedures to the rulemaking procedures of the Administrative Procedure Act. The bill would delete obsolete and superfluous provisions, make organizational changes, delete obsolete cross references, and make other conforming changes.  Existing law confirms a 1946 grant of tidelands and submerged lands in trust to the City of Santa Monica, with the exception of certain described lands reserved to the state, subject to certain conditions. Existing law authorizes additional uses of those lands relating to the construction of transportation infrastructure and public facilities, authorizes the city to execute franchises and leases for terms not exceeding 99 years with respect to those lands, authorizes expenditure of revenues from the granted lands for specified purposes, and authorizes the city to sell its interest in portions of the granted lands to the state for freeway or park purposes. Existing law also grants certain tidelands and submerged lands in trust to the City of Los Angeles and the County of Los Angeles, subject to the same conditions and authorized uses. Under existing law, those provisions are not operative unless and until a specified master plan is reviewed by the State Lands Commission and approved by the Legislature. Existing law authorizes the City of Santa Monica, the City of Los Angeles, and the County of Los Angeles to enter into a joint exercise of powers agreement to accomplish their common purposes with respect to the granted lands, and requires the net revenues from the granted lands to be divided between the state and local jurisdictions, as provided. Existing law requires title to the granted lands to revert to the state if those lands are not improved in accordance with the master plan within 10 years after approval of the master plan, subject to the rights of any lessee, franchise holder, or holder of any security interest or other contractual privilege with respect to the lands.   This bill would repeal those provisions. As a result, the bill would restore the 1946 grant of tidelands and submerged lands in trust to the City of Santa Monica, subject to the terms and conditions of that grant, and, with respect to those tidelands and submerged lands granted to the City of Los Angeles and the County of Los Angeles, would restore jurisdiction over those lands to the State Lands Commission.  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. The heading of Chapter 2 (commencing with Section 200) of Division 1 of the Fish and Game Code is amended to read: CHAPTER 2. REGULATION OF TAKE AND POSSESSION GENERALLY SEC. 2. The heading of Article 1 (commencing with Section 200) of Chapter 2 of Division 1 of the Fish and Game Code is amended to read: Article 1. Authority SEC. 3. Section 200 of the Fish and Game Code is amended to read: 200. (a) There is hereby delegated to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibians, and reptiles. (b) No power is delegated to the commission by this section to regulate either of the following: (1) The taking, possessing, processing, or use of fish, amphibians, kelp, or other aquatic plants for commercial purposes. (2) The taking or possession of a spike buck or spotted fawn. "Spotted fawn" means a deer one year of age or less that has spotted pelage. "Spike buck" means a male deer with unbranched antlers on both sides that are more than three inches in length. (c) This section and any regulations adopted pursuant to this section have no effect on any provision of this code or any regulation adopted pursuant to this code that relates to a matter described in paragraph (1) of subdivision (b). SEC. 4. Section 202 of the Fish and Game Code is repealed. SEC. 5. Section 204 of the Fish and Game Code is repealed. SEC. 6. Section 205.1 of the Fish and Game Code is repealed. SEC. 7. Section 206 of the Fish and Game Code is amended and renumbered to read: 110. (a) The commission shall hold no fewer than eight regular meetings per calendar year, if the commission has adequate funding for related travel, including funding for department travel. The commission may also hold special meetings or hearings to receive additional input from the department and the public. (b) The commission shall announce the dates and locations of meetings for the year by January 1 of that year, or 60 days prior to the first meeting, whichever comes first. Meeting locations shall be accessible to the public and located throughout the state. To the extent feasible, meetings shall be held in state facilities. In setting the dates and locations for regular meetings, the commission shall also consider the following factors: (1) Recommendations of the department. (2) Opening and closing dates of fishing and hunting seasons. (3) The schedules of other state and federal regulatory agencies whose regulations affect the management of fish and wildlife of this state. (c) The commission shall cause the notice of the schedule for regular meetings, and notice of any change in the date and location of a meeting, to be disseminated to the public in a manner that will result in broad dissemination and that complies with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). SEC. 8. Section 207 of the Fish and Game Code is repealed. SEC. 9. Section 210 of the Fish and Game Code is repealed. SEC. 10. Section 211 of the Fish and Game Code is repealed. SEC. 11. Section 215 of the Fish and Game Code is repealed. SEC. 12. Section 217.5 of the Fish and Game Code is repealed. SEC. 13. Section 217.6 of the Fish and Game Code is repealed. SEC. 14. Section 218 of the Fish and Game Code is repealed. SEC. 15. Section 220 of the Fish and Game Code is repealed. SEC. 16. Article 1.5 (commencing with Section 240) of Chapter 2 of Division 1 of the Fish and Game Code is repealed. SEC. 17. Article 2 (commencing with Section 250) of Chapter 2 of Division 1 of the Fish and Game Code is repealed. SEC. 18. Article 2 (commencing with Section 250) is added to Chapter 2 of Division 1 of the Fish and Game Code, to read: Article 2. Procedure 250. (a) Except as provided in subdivision (b), this article applies to a commission regulation that governs the take or possession of any bird, mammal, fish, amphibian, or reptile. (b) This article does not apply to a regulation governed by subdivision (b) of Section 200 or Section 201. (c) Except as expressly provided, this article does not supersede any other applicable law that governs the adoption, amendment, or repeal of a regulation. 255. (a) When adopting, amending, or repealing a regulation governed by this article, the commission shall conduct the following steps at separate public meetings: (1) Approve the submission of a notice of proposed action to the Office of Administrative Law. (2) Consider public comment on the proposed action. The department shall participate in this process by reviewing and responding to all public comment. (3) Make a final decision on the proposed action. (b) The meetings required by this section may be regular or special meetings. (c) The meetings required by this section shall be duly noticed to the public in accordance with subdivision (c) of Section 110 and the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (d) Within 45 days after the commission makes a final decision to adopt, amend, or repeal a regulation governed by this article, the department shall publish and distribute the regulation to each county clerk, district attorney, and judge of the superior court in the state. 260. (a) The commission and the department may do anything that is deemed necessary and proper to publicize and distribute a regulation governed by this article so that persons likely to be affected will be informed of them. The failure of the commission to provide any notice of a regulation governed by this article, beyond what is required by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, does not impair the validity of the regulations. (b) Notwithstanding any other law, the commission and the department may contract with private entities to print regulations governed by this article, and other public information. The printing contract shall include criteria to ensure that the public information provided in the publication is easy to reference, read, and understand. (c) Printing contracts authorized by this section for which no state funds are expended are not subject to Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code, except for Article 2 (commencing with Section 10295) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code. (d) Material printed pursuant to subdivision (b) that contains advertisements shall meet all specifications prescribed by the department. The printed material shall not contain advertisements for tobacco products, alcohol, firearms, and devices prohibited pursuant to Section 32625 of the Penal Code, Article 2 (commencing with Section 30600) of Chapter 2 of Division 10 of Title 4 of Part 6 of the Penal Code, or any provision listed in Section 16590 of the Penal Code, or firearms not authorized by the commission as a legal method of sport hunting, political statements, solicitations for membership in organizations, or any other statement, solicitation, or product advertisement that is in conflict with the purposes for which the material is produced, as determined by the commission. (e) Neither the department nor the commission shall contract with private entities to print the materials described in subdivision (b) if the letting of those contracts will result in the elimination of civil service positions. (f) The department or the license agent may give a copy of the current applicable published regulations governed by this article to each person issued a license, at the time the license is issued. 265. A regulation governed by this article is not subject to the time periods for the adoption, amendment, or repeal of a regulation prescribed in Sections 11343.4, 11346.4, 11346.8, and 11347.1 of the Government Code. 270. The adoption, amendment, or repeal of a regulation governed by this article shall become effective at the time specified in the regulation, but not sooner than the date of the filing. 275. A regulation governed by this article shall remain in effect for the period specified in the regulation or until superseded by subsequent regulation of the commission or by statute. SEC. 19. Section 300 of the Fish and Game Code is repealed. SEC. 20. Chapter 3.5 (commencing with Section 399) is added to Division 1 of the Fish and Game Code, to read: CHAPTER 3.5. EMERGENCY REGULATIONS 399. Notwithstanding any other provision of this code, the commission, when adopting, amending, or repealing a regulation pursuant to authority vested in it by this code, may, after at least one hearing, adopt, amend, or repeal that regulation pursuant to Section 11346.1 of the Government Code, if it makes either of the following findings: (a) That the adoption, amendment, or repeal is necessary for the immediate conservation, preservation, or protection of birds, mammals, fish, amphibians, or reptiles, including, but not limited to, their nests or eggs. (b) That the adoption, amendment, or repeal is necessary for the immediate preservation of the public peace, health and safety, or general welfare. SEC. 21. Section 460 of the Fish and Game Code is amended to read: 460. Prior to each meeting of the commission at which the commission considers the regulation of deer and takes action pursuant to paragraph (1) of subdivision (a) of Section 255, the department shall recommend to the commission those deer herd units to be placed under a general deer hunting season. At the same time, the department shall recommend to the commission, subject to the provisions of Sections 458 and 459, whether any antlerless deer should be taken and in what deer herd units antlerless deer are to be taken. If in the judgment of the department there are deer herd units in which hunting pressure would adversely affect the deer herd, impair the hunting experience, or endanger the public safety, the department shall also recommend to the commission those deer herd units where hunter numbers should be restricted and which should be removed from the general deer hunting season designation. The department shall inform the commission of the condition of each deer herd unit. Upon receipt of the recommendations and information required in this section, the commission shall make that material known to the public and its determinations regarding proposed regulations. The recommendations of the department shall, in accordance with the provisions of Sections 458 and 459, include the number, if any, of antlerless deer that should be taken in deer herd units, whether the permits should be either-sex permits, the proposed dates for the taking, and the number of permits proposed for each deer herd unit. At the same time, the department shall recommend the establishment of any hunter-restricted quota units, if needed, and the number of the quota and manner in which the quota permits should be issued.  SEC. 22.   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 1053.1  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. 22.   SEC. 23.  Section 2076.5 of the Fish and Game Code  , as added by Section 6 of Chapter 1162 of the Statutes of 1984,  is amended to read: 2076.5. Notwithstanding Sections 2071 to 2075.5, inclusive, the commission may adopt a regulation that adds a species to the list of endangered species or to the list of threatened species as an emergency regulation pursuant to Chapter 3.5 (commencing with Section 399) of Division 1 if the commission finds that there is any emergency posing a significant threat to the continued existence of the species. The commission shall notify affected or interested persons of the adoption of the emergency regulation pursuant to the methods described in Section 2074.4.  SEC. 23.   SEC. 24.  Article 1.5 (commencing with Section 7110) is added to Chapter 1 of Part 2 of Division 6 of the Fish and Game Code, to read: Article 1.5. Sport Fishing Regulations 7110. (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 does not apply to conforming actions implemented pursuant to the automatic process specified in subdivision (a). (c) The department shall provide public notice of a conforming action implemented pursuant to this section. 7115. (a) The department shall identify property it owns or manages that includes areas for sport fishing accessible to persons with disabilities. (b) Commencing with the booklet of sport fishing regulations published by the commission in 1986, the availability of sport fishing areas, identified by the department as accessible to persons with disabilities under subdivision (a), shall be noted in the booklet of regulations, together with telephone numbers and instructions for obtaining a list of those areas from regional department offices. (c) Commencing with the booklet of sportfishing regulations published in 1987, the booklet shall also contain any human health advisories relating to fish that are formally issued by the State Department of Public Health, or summaries of those human health advisories. The summaries shall be prepared in consultation with the State Department of Public Health.  SEC. 24.   SEC. 25.  Section 7120 of the Fish and Game Code is amended to read: 7120. It is unlawful for any person to possess more than one daily bag limit of any fish taken under a license issued pursuant to Section 714 or Article 3 (commencing with Section 7145) unless authorized by regulations adopted by the commission.  SEC. 25.   SEC. 26.  Section 11343.4 of the Government Code is amended to read: 11343.4. (a) Except as otherwise provided in subdivision (b), a regulation or an order of repeal required to be filed with the Secretary of State shall become effective on a quarterly basis as follows: (1) January 1 if the regulation or order of repeal is filed on September 1 to November 30, inclusive. (2) April 1 if the regulation or order of repeal is filed on December 1 to February 29, inclusive. (3) July 1 if the regulation or order of repeal is filed on March 1 to May 31, inclusive. (4) October 1 if the regulation or order of repeal is filed on June 1 to August 31, inclusive. (b) The effective dates in subdivision (a) shall not apply in all of the following: (1) The effective date is specifically provided by the statute pursuant to which the regulation or order of repeal was adopted, in which event it becomes effective on the day prescribed by the statute. (2) A later date is prescribed by the state agency in a written instrument filed with, or as part of, the regulation or order of repeal. (3) The agency makes a written request to the office demonstrating good cause for an earlier effective date, in which case the office may prescribe an earlier date. (4) (A) A regulation adopted by the Fish and Game Commission that is governed by Article 2 (commencing with Section 250) of Chapter 2 of Division 1 of the Fish and Game Code. (B) A regulation adopted by the Fish and Game Commission that requires a different effective date in order to conform to a federal regulation.  SEC. 26.   SEC. 27.  Section 131052 of the Health and Safety Code is amended to read: 131052. In implementing the transfer of jurisdiction pursuant to this article, the State Department of Public Health succeeds to and is vested with all the statutory duties, powers, purposes, responsibilities, and jurisdiction of the former State Department of Health Services as they relate to public health as provided for or referred to in all of the following provisions of law: (1) Sections 550, 555, 650, 680, 1241, 1658, 2221.1, 2248.5, 2249, 2259, 2259.5, 2541.3, 2585, 2728, 3527, 4017, 4027, 4037, 4191, 19059.5, 19120, 22950, 22973.2, and 22974.8 of the Business and Professions Code. (2) Sections 56.17, 1812.508, and 1812.543 of the Civil Code. (3) Sections 8286, 8803, 17613, 32064, 32065, 32066, 32241, 49030, 49405, 49414, 49423.5, 49452.6, 49460, 49464, 49565, 49565.8, 49531.1, 56836.165, and 76403 of the Education Code. (4) Sections 405, 6021, 6026, 18963, 30852, 41302, and 78486 of the Food and Agricultural Code. (5) Sections 307, 355, 422, 7572, 7574, 8706, 8817, and 8909 of the Family Code. (6) Sections 1786, 4011, 5671, 5674, 5700, 5701, 5701.5, 7115, 7715, and 15700 of the Fish and Game Code. (7) Sections 855, 51010, and 551017.1 of the Government Code. For purposes of subdivision (s) of Section 6254 of the Government Code, the term "State Department of Health Services" is hereby deemed to refer to the State Department of Public Health. (8) (A) Sections 475, 1180.6, 1418.1, 1422.1, 1428.2, 1457, 1505, 1507.1, 1507.5, 1570.7, 1599.2, 1599.60, 1599.75, 1599.87, 2002, 2804, 11362.7, 11776, 11839.21, 11839.23, 11839.24, 11839.25, 11839.26, 11839.27, 11839.28, 11839.29, 11839.30, 11839.31, 11839.32, 11839.33, 11839.34, 17920.10, 17961, 18897.2, 24185, 24186, 24187, 24275, 26101, 26122, 26134, 26155, 26200, and 26203. (B) Chapters 1, 2, 2.05, 2.3, 2.35, 2.4, 3.3, 3.9, 3.93, 3.95, 4, 4.1, 4.5, 5, 6, 6.5, 8, 8.3, 8.5, 8.6, 9, and 11 of Division 2. (C) Articles 2 and 4 of Chapter 2, Chapter 3, and Chapter 4 of Part 1, Part 2 and Part 3 of Division 101. (D) Division 102, including Sections 102230 and 102231. (E) Division 103, including Sections 104145, 104181, 104182, 104182.5, 104187, 104191, 104192, 104193, 104316, 104317, 104318, 104319, 104320, 104321, 104324.2, 104324.25, 104350, 105191, 105251, 105255, 105280, 105340, and 105430. (F) Division 104, including Sections 106615, 106675, 106770, 108115, 108855, 109282, 109910, 109915, 112155, 112500, 112650, 113355, 114460, 114475, 114650, 114710, 114850, 114855, 114985, 115061, 115261, 115340, 115736, 115880, 115885, 115915, 116064, 116183, 116270, 116365.5, 116366, 116375, 116610, 116751, 116760.20, 116825, 117100, 117924, and 119300. (G) Division 105, including Sections 120262, 120381, 120395, 120440, 120480, 120956, 120966, 121155, 121285, 121340, 121349.1, 121480, 122410, and 122420. (H) Part 1, Part 2 excluding Articles 5, 5.5, 6, and 6.5 of Chapter 3, Part 3 and Part 5 excluding Articles 1 and 2 of Chapter 2, Part 7, and Part 8 of Division 106. (9) Sections 799.03, 10123.35, 10123.5, 10123.55, 10123.10, 10123.184, and 11520 of the Insurance Code. (10) Sections 50.8, 142.3, 144.5, 144.7, 147.2, 4600.6, 6307.1, 6359, 6712, 9009, and 9022 of the Labor Code. (11) Sections 4018.1, 5008.1, 7501, 7502, 7510, 7511, 7515, 7518, 7530, 7550, 7553, 7575, 7576, 11010, 11174.34, and 13990 of the Penal Code. (12) Section 4806 of the Probate Code. (13) Sections 15027, 25912, 28004, 30950, 41781.1, 42830, 43210, 43308, 44103, and 71081 of the Public Resources Code. (14) Section 10405 of the Public Contract Code. (15) Sections 883, 1507, and 7718 of the Public Utilities Code. (16) Sections 18833, 18838, 18845.2, 18846.2, 18847.2, 18863, 30461.6, 43010.1, and 43011.1 of the Revenue and Taxation Code. (17) Section 11020 of the Unemployment Insurance Code. (18) Sections 22511.55, 23158, 27366, and 33000 of the Vehicle Code. (19) Sections 5326.9, 5328, 5328.15, 14132, 16902, and 16909, and Division 24 of the Welfare and Institutions Code. Payment for services provided under the Family Planning, Access, Care, and Treatment (Family PACT) Waiver Program pursuant to subdivision (aa) of Section 14132 and Division 24 shall be made through the State Department of Health Care Services. The State Department of Public Health and the State Department of Health Care Services may enter into an interagency agreement for the administration of those payments. This paragraph, to the extent that it applies to the Family PACT Waiver Program, shall become inoperative on June 30, 2012. (20) Sections 13176, 13177.5, 13178, 13193, 13390, 13392, 13392.5, 13393.5, 13395.5, 13396.7, 13521, 13522, 13523, 13528, 13529, 13529.2, 13550, 13552.4, 13552.8, 13553, 13553.1, 13554, 13554.2, 13816, 13819, 13820, 13823, 13824, 13825, 13827, 13830, 13834, 13835, 13836, 13837, 13858, 13861, 13862, 13864, 13868, 13868.1, 13868.3, 13868.5, 13882, 13885, 13886, 13887, 13891, 13892, 13895.1, 13895.6, 13895.9, 13896, 13896.3, 13896.4, 13896.5, 13897, 13897.4, 13897.5, 13897.6, 13898, 14011, 14012, 14015, 14016, 14017, 14019, 14022, 14025, 14026, 14027, and 14029 of the Water Code.  SEC. 28.   Chapter 1700 of the Statutes of 1967 is repealed.