Bill Text: CA SB286 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Department of Fish and Game: scientific collector's

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 346, Statutes of 2009. [SB286 Detail]

Download: California-2009-SB286-Amended.html

---

BILL NUMBER: SB 286	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 27, 2009

INTRODUCED BY   Senator Aanestad

                        FEBRUARY 24, 2009

   An act to add Section 1002.5 to the Fish and Game Code, relating
to the Department of Fish and Game.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 286, as amended, Aanestad. Department of Fish and Game:
scientific collector's permits.
   Existing law authorizes the Department of Fish and Game to issue
permits, subject to restrictions and regulations that the Fish and
Game Commission determines are desirable, to take or possess, in any
part of the state, for scientific, educational, or propagation
purposes, mammals, birds and the nests and eggs thereof, fish,
amphibians, reptiles, or any other form of plant or animal life.
Violation of these provisions is a crime.
   This bill would authorize the issuance of a permit, on the payment
of a specified fee, for scientific purposes to a
California-certified small business, an aquarium accredited by the
Association of Zoos and Aquariums, or other appropriate institution,
in the name of a principal scientific investigator or the permitted
entity. The bill would authorize the department to approve individual
temporary employees or volunteers to work under the permit, after
receiving notification from the permittee.  The bill would
authorize the amendment of the permit, including, but not limited to,
the addition or removal of individual temporary employees or
volunteers working under the permit, on the payment of a specified
fee.  The bill would make it a misdemeanor for a permittee to
allow a temporary employee or volunteer to work under a permit
without approval from the department, creating a new crime, and
thereby imposing a state-mandated local program.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 1002.5 is added to the Fish and Game Code, to
read:
   1002.5.  (a) The department may issue a permit for scientific
purposes pursuant to Section 1002 to a California-certified small
business, an aquarium accredited by the Association of Zoos and
Aquariums, or other appropriate institution, as determined by the
department, in the name of a principal scientific investigator or the
permitted entity.
   (b) The department may approve individual temporary employees or
volunteers to work under the permit, after receiving notification
from the permittee. The permittee shall have adequate supervision
over any temporary employees or volunteers approved to work under the
permit.
   (c) A permittee that allows a temporary employee or volunteer to
work under a permit without approval from the department in
accordance with this section is subject to Section 12000.
   (d) The department shall charge a fee pursuant to subdivision (b)
of Section 1002 for the issuance of  , or any subsequent
amendment to, the permit authorized by this section. A fee for an
amendment to a permit shall not be charged in an amount that is more
than the amount of the fee charged for the issuance of the permit
  a permit aut   horized by this section 
. If the department determines that the costs to issue a permit
authorized by this section are greater than the costs to issue a
permit pursuant to Section 1002, the department may charge a permit
fee in an amount that is greater than the amount imposed by
subdivision (b) of Section 1002 to recover those additional costs.

   (e) The department may amend a permit issued under this section,
including, but not limited to, the addition or removal of individual
temporary employees or volunteers working under the permit, on the
payment of a base fee of sixty dollars ($60), as adjusted under
Section 713. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.