California 2009-2010 Regular Session Status: Enacted

AB 1423 — Commercial hunting clubs: Shared Habitat Alliance for Recreational Enhancement program: interference with hunting.

Last action — Chaptered by Secretary of State - Chapter 394, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law establishes the Department of Fish and Game in the Natural Resources Agency. Existing law authorizes the department to regulate commercial hunting clubs. Existing law requires a person in possession or control of property who imposes or collects a fee for the privilege of taking birds or mammals on that property, or who imposes or collects a fee for any type of entry or use permit that includes the privilege of taking birds or mammals on that property, to obtain a commercial hunting club license from the department, as prescribed. Existing law requires that license to be issued to any person upon submission of a completed application on a form approved by the Fish and Game Commission and the payment of a fee, as specified. Existing law exempts from those provisions any hunting club or program licensed under other provisions of the Fish and Game Code and any person who receives less than $50 per entrant to the club and an annual total of fees that is less than $500. This bill would recast those provisions to establish a number of exemptions from the requirement to obtain a commercial hunting club license, including an exemption for property that is used in conjunction with the Shared Habitat Alliance for Recreational Enhancement (SHARE) program. The bill would require an application for a commercial hunting club license to be on a form furnished by the department. The bill would require the application to contain prescribed information. The bill would authorize the department to issue a license to any person upon submission of a completed application and payment of a fee, in accordance with a fee schedule based on the number of properties used by the club. (2) Existing law requires the Department of Fish and Game to establish the SHARE program to encourage private landowners to voluntarily make their land available to the public for wildlife-dependent recreational activities, as defined. Existing law establishes the SHARE Account in the Fish and Game Preservation Fund to be used for the program. This bill, among other changes, would require the department to adopt regulations for the management and control of wildlife-dependent recreational activities on land that is subject to the program, to report to the Fish and Game Commission annually on the status of the program, and to maintain data on the types of wildlife-dependent recreational activities preferred by users of the program. The department would be authorized to establish and impose user fees, use existing hunting and fishing license stamp or tag fees from the Fish and Game Preservation Fund, or apply for grants, federal funds, or other contributions from other sources. Money generated pursuant to this authorization, except as otherwise provided, would be deposited into the SHARE Account and would, upon appropriation by the Legislature, be available for expenditure by the department to fund the program. (3) Existing law prohibits a person from willfully interfering with the participation of any individual in the lawful activity of shooting, hunting, fishing, falconry, or trapping at the location where that activity is taking place. This bill would include in that list of actions hunting dog field trials and hunting dog training. The bill would authorize a violation of the prohibition above to be enforced as either an infraction or a misdemeanor, and would make a 2nd violation within 2 years of a prior violation punishable as a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 394, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 5 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 72. Noes 2. Page 3268.)

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time, passed, and to Assembly. (Ayes 38. Noes 0. Page 2290.)

  7. Read second time. To third reading.

  8. Read third time, amended. To second reading.

  9. Read second time. To third reading.

  10. From committee: Do pass. (Ayes 12. Noes 0.) (August 17).

  11. Read second time, amended, and re-referred to Com. on APPR.

  12. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 6).

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.

  14. Referred to Com. on N.R. & W.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time, passed, and to Senate. (Ayes 73. Noes 4. Page 1923.)

  17. Read second time. To third reading.

  18. From committee: Do pass. (Ayes 14. Noes 0.) (May 20).

  19. Re-referred to Com. on APPR.

  20. Read second time and amended.

  21. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (April 28).

  22. Re-referred to Com. on W.,P. & W.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on W.,P. & W. Read second time and amended.

  24. Referred to Com. on W.,P. & W.

  25. Read first time.

  26. From printer. May be heard in committee March 30.

  27. Introduced. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 84 Yea · 2 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 78206
Democratic 3000
Republican 3000
Total 84206
% of votes cast 91%2%0%7%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Charles — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Hagman — Yea
Hall — Yea
Saldana — Not Voting
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Krekorian — Not Voting
Lieu — Nay
Mendoza — Yea
Miller — Yea
Bass — Yea
Duvall — Not Voting
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Ammiano — Nay
Block — Yea
Blumenfield — Yea
Bradford — Not Voting
Brownley — Not Voting
Buchanan — Yea
Harkey — Yea
Huber — Yea
Knight — Not Voting
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Evans — Yea
DeVore — Yea
Fuller — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 39 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 36002
Democratic 2000
Republican 1000
Total 39002
% of votes cast 95%0%0%5%
How each member voted (41)
Member Party Vote
Yee — Yea
Cox — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Alquist — Yea
Ashburn — Yea
Benoit — Yea
Florez — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hancock — Yea
Harman — Yea
Ducheny — Yea
Dutton — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
McLeod — Yea
Pavley — Not Voting
Romero — Yea
Simitian — Yea
Walters — Yea
Wiggins — Yea
Wright — Yea
Aanestad — Yea
Hollingsworth — Yea
Leno — Not Voting
Maldonado — Yea
Oropeza — Yea
Price — Yea
Steinberg — Yea
Wolk — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Not Voting
Runner — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Walters — Yea
Oropeza — Yea
Wolk — Yea
Cox — Yea
Denham — Yea

Official roll call →

Passed 85 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 80402
Democratic 3000
Republican 2001
Total 85403
% of votes cast 92%4%0%3%
How each member voted (92)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Eng — Yea
Feuer — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Fuentes — Yea
Furutani — Yea
Charles — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Adams — Yea
Beall — Yea
Duvall — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Krekorian — Yea
Lieu — Nay
Mendoza — Yea
Bass — Yea
Monning — Yea
Nava — Not Voting
Nestande — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Ammiano — Nay
Anderson — Yea
Blakeslee — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Nay
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Logue — Yea
Ma — Yea
Miller — Yea
Nielsen — Yea
Skinner — Nay
Solorio — Yea
Torrico — Yea
Emmerson — Yea
Coto — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Fuller — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 19 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 17002
Democratic 1000
Republican 1000
Total 19002
% of votes cast 90%0%0%10%
How each member voted (21)
Member Party Vote
Hall — Yea
Harkey — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Duvall — Yea
Nielsen — Yea
Price — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Not Voting
Miller — Not Voting
Skinner — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13001
Democratic 3000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Fuller — Yea
Tom — Yea
Berryhill — Yea
Fletcher — Yea
Bonnie — Yea
John — Yea
A. — Yea
Perez — Yea
Salas — Yea
Krekorian — Not Voting
Anderson — Yea
Blumenfield — Yea
Huffman — Yea
Yamada — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Lowenthal, Josh Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 1423 do?
(1) Existing law establishes the Department of Fish and Game in the Natural Resources Agency. Existing law authorizes the department to regulate commercial hunting clubs. Existing law requires a person in possession or control of property who imposes or collects a fee for the privilege of taking birds or mammals on that property, or who imposes or collects a fee for any type of entry or use permit that includes the privilege of taking birds or mammals on that property, to obtain a commercial hunting club license from the department, as prescribed. Existing law requires that license to be issued to any person upon submission of a completed application on a form approved by the Fish and Game Commission and the payment of a fee, as specified. Existing law exempts from those provisions any hunting club or program licensed under other provisions of the Fish and Game Code and any person who receives less than $50 per entrant to the club and an annual total of fees that is less than $500. This bill would recast those provisions to establish a number of exemptions from the requirement to obtain a commercial hunting club license, including an exemption for property that is used in conjunction with the Shared Habitat Alliance for Recreational Enhancement (SHARE) program. The bill would require an application for a commercial hunting club license to be on a form furnished by the department. The bill would require the application to contain prescribed information. The bill would authorize the department to issue a license to any person upon submission of a completed application and payment of a fee, in accordance with a fee schedule based on the number of properties used by the club. (2) Existing law requires the Department of Fish and Game to establish the SHARE program to encourage private landowners to voluntarily make their land available to the public for wildlife-dependent recreational activities, as defined. Existing law establishes the SHARE Account in the Fish and Game Preservation Fund to be used for the program. This bill, among other changes, would require the department to adopt regulations for the management and control of wildlife-dependent recreational activities on land that is subject to the program, to report to the Fish and Game Commission annually on the status of the program, and to maintain data on the types of wildlife-dependent recreational activities preferred by users of the program. The department would be authorized to establish and impose user fees, use existing hunting and fishing license stamp or tag fees from the Fish and Game Preservation Fund, or apply for grants, federal funds, or other contributions from other sources. Money generated pursuant to this authorization, except as otherwise provided, would be deposited into the SHARE Account and would, upon appropriation by the Legislature, be available for expenditure by the department to fund the program. (3) Existing law prohibits a person from willfully interfering with the participation of any individual in the lawful activity of shooting, hunting, fishing, falconry, or trapping at the location where that activity is taking place. This bill would include in that list of actions hunting dog field trials and hunting dog training. The bill would authorize a violation of the prohibition above to be enforced as either an infraction or a misdemeanor, and would make a 2nd violation within 2 years of a prior violation punishable as a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 1423?
AB 1423 is sponsored by Bill Berryhill.
What is the current status of AB 1423?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1423?
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