Bill Text: CA AB1254 | 2019-2020 | Regular Session | Amended
Bill Title: Bobcats: take prohibition: hunting season: management plan.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2019-10-12 - Chaptered by Secretary of State - Chapter 766, Statutes of 2019. [AB1254 Detail]
Download: California-2019-AB1254-Amended.html
|
Amended
IN
Assembly
March 28, 2019 |
| Assembly Bill | No. 1254 |
| Introduced by Assembly Member Kamlager-Dove (Principal coauthor: Senator Allen) |
February 21, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Under existing law, if a work of fine art is sold and the seller resides in California or the sale takes place in California, the seller or the seller’s agent is required to pay to the artist of the work of fine art or to the artist’s agent 5 percent of the amount of the sale unless that right is waived by a written contract providing for a greater amount.
This bill would make nonsubstantive changes to those provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4152 of the Fish and Game Code is amended to read:4152.
(a) Except as provided in Section 4005, nongame mammals and black-tailed jackrabbits, muskrats, subspecies of red fox that are not the native Sierra Nevada red fox (Vulpes vulpes necator), and red fox squirrels that are found to be injuring growing crops or other property may be taken at any time or in any manner in accordance with this code and regulations adopted pursuant to this code by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant thereof. They may also be taken by officers or employees of the Department of Food and Agriculture or by federal, county, or city officers or employees when acting in their official capacities pursuant to the Food and Agricultural Code pertaining to pests, or pursuant to Article 6 (commencing with Section 6021) of Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code. Persons taking mammals in accordance with this section are exempt from Section 3007, except when providing trapping services for a fee. Raw furs, as defined in Section 4005, that are taken under this section, shall not be sold.SEC. 2.
Section 4153 of the Fish and Game Code is amended to read:4153.
(a) The department may enter into cooperative agreements with any agency of the state or the United States for the purpose of controlling harmful nongame mammals.The
SEC. 3.
Section 4154 of the Fish and Game Code is amended to read:4154.
(a) The department may enter into cooperative contracts with the United States Fish and Wildlife Service in the Department of the Interior in relation to the control of nongame mammals and for that purpose may expend any money made available to the department for expenditure for control or eradication of nongame mammals.SEC. 4.
Section 4155 of the Fish and Game Code is repealed.(a)Beginning January 1, 2014, it shall be unlawful to trap a bobcat, or attempt to do so, or to sell or export a bobcat taken in the area surrounding Joshua Tree National Park, defined as follows: East and South of State Highway 62 from the intersection of Interstate 10 to the intersection of State Highway 177; West of State Highway 177 from the intersection of State Highway 62 to the intersection with Interstate 10; North of Interstate 10 from State Highway 177 to State Highway 62.
(b)(1)Through the commission’s next regularly scheduled mammal hunting and trapping rulemaking process occurring after January 1, 2014, the commission shall amend its regulations to prohibit the trapping of bobcats
adjacent to the boundaries of each national or state park and national monument or wildlife refuge in which bobcat trapping is prohibited.
(2)Commencing January 1, 2016, the commission shall consider whether to prohibit bobcat trapping within, and adjacent to, preserves, state conservancies, and any additional public or private conservation areas identified to the commission by the public as warranting protection. The commission, as necessary, shall amend its regulations through its next subsequently scheduled mammal hunting and trapping rulemaking process to prohibit bobcat trapping in any area determined by the commission to warrant protection.
(3)The commission shall delineate the boundaries of an area in which bobcat trapping is prohibited pursuant to paragraph (1) or (2) using readily identifiable features, such as highways or other major roads, such as those delineated for
Joshua Tree National Park in subdivision (a).
(c)The prohibition on the trapping of bobcats in the areas designated pursuant to subdivisions (a) and (b) shall not apply to the taking of a bobcat by an employee of the department acting in an official capacity, to a taking in accordance with the conditions of a scientific, educational, or propagation permit pursuant to Section 1002 by the holder of that permit, or to the lawful taking of a bobcat found to be injuring crops or other property, pursuant to Section 4152, another provision of this code, or a regulation adopted pursuant to this code.
(d)Notwithstanding Section 2016 or any other provision of this code, on and after January 1, 2014, it shall be unlawful to trap a bobcat, or attempt to do so, on private land not belonging to the trapper without the express written consent of the owner of that property. The placing or
possession of a trap or the possession of a bobcat on land is prima facie evidence of a violation of this subdivision.
(e)Consistent with the requirements of subdivision (c) of Section 4006, the commission shall set trapping license fees and associated fees, including, but not limited to, shipping tags required pursuant to Section 479 of Chapter 6 of Subdivision 2 of Division 1 of Title 14 of the California Code of Regulations, for the 2014–15 season, and any subsequent seasons in which bobcat trapping is allowed, at the levels necessary to fully recover all reasonable administrative and implementation costs of the department and the commission associated with the trapping of bobcats in the state, including, but not limited to, enforcement costs.
(f)This section does not limit the ability of the department or the commission to impose additional requirements, restrictions, or
prohibitions related to the taking of bobcats, including a complete prohibition on the trapping of bobcats pursuant to this code.
SEC. 5.
Section 4181 of the Fish and Game Code is amended to read:4181.
(a) Except as provided in Section 4181.1, any owner or tenant of land or property that is being damaged or destroyed or is in danger of being damaged or destroyed by elk, bear, bobcat, beaver, wild pig, wild turkeys, or gray squirrels, may apply to the department for a permit to kill the animals. Subject to the limitations in subdivisions (b) and (d), the department, upon satisfactory evidence of the damage or destruction, actual or immediately threatened, shall issue a revocable permit for the taking and disposition of the animals under regulations adopted by the commission. The permit shall include a statement of the penalties that may be imposed for a violation of the permit conditions. Animals so taken shall not be sold or shipped from the premises on which they are taken except under instructions from the department. No iron-jawed or steel-jawed or any type of metal-jawed trap shall be used to take any bear or bobcat pursuant to this section. No poison of any type may be used to take any gray squirrel or wild turkey pursuant to this section. The department shall designate the type of trap to be used to ensure the most humane method is used to trap gray squirrels. The department may require trapped squirrels to be released in parks or other nonagricultural areas. It is unlawful for any person to violate the terms of any permit issued under this section.SEC. 6.
Chapter 12 (commencing with Section 4950) is added to Part 3 of Division 4 of the Fish and Game Code, to read:CHAPTER 12. Bobcats
4950.
Except as provided in this chapter, and notwithstanding any other law, it is unlawful for a person to hunt, trap, or otherwise take a bobcat.4951.
The prohibitions of this chapter shall not apply to any of the following:4952.
(a) The department may adopt regulations to implement this chapter.SEC. 7.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 8.
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.(a)If a work of fine art is sold and the seller resides in California or the sale takes place in California, the seller or the seller’s agent shall pay to the artist of the work of fine art or to the
artist’s agent 5 percent of the amount of
the sale. The right of the artist to receive an amount equal to 5 percent of the amount of the sale may be waived only by a contract in writing providing for an amount in excess of 5 percent of the amount of the sale. An artist may assign the right to collect the royalty payment provided by this section to another individual or entity. However, the assignment shall not have the effect of creating a waiver prohibited by this subdivision.
(1)If
a work of fine art is sold at an auction or by a gallery, dealer, broker, museum, or other person acting as the agent for the seller, the agent shall withhold 5 percent of the amount of the sale, locate the artist, and pay the artist.
(2)If the seller or agent is unable to locate and pay the artist within 90 days, an amount equal to 5 percent of the amount of the sale shall be
transferred to the Arts Council.
(3)If a seller or the seller’s agent fails to pay an artist the amount equal to 5 percent of the sale of a work of fine art by the artist,
or fails to transfer that amount to the Arts Council, the artist may bring an action for damages within three years after the date of sale or one year after the discovery of the sale, whichever is longer. The prevailing party in any action brought under this paragraph shall be entitled to reasonable attorney fees, in an amount as determined by the court.
(4)Moneys received by the council pursuant to this section shall be deposited in an account in the Special Deposit Fund in the State Treasury.
(5)The Arts Council shall attempt to locate any artist for whom money is received pursuant to this section. If the council is unable to locate the artist and the artist does not
file a written claim for the money received by the council within seven years of the date of sale of the work of fine art, the right of the artist terminates and the money shall be transferred to the council for use in acquiring fine art pursuant to the Art in Public Buildings program set forth in Chapter 2.1 (commencing with Section 15813) of Part 10b of Division 3 of Title 2, of the Government Code.
(6)Any amounts of money held by a seller or agent for the payment of artists pursuant to this section shall be exempt from enforcement of a money judgment by
the creditors of the seller or agent.
(7)Upon the death of an artist, the rights and duties created under this section shall inure to their heirs, legatees, or personal representative, until the 20th anniversary of the death of the artist. The provisions of this paragraph shall be applicable only with respect to an artist who dies after January 1, 1983.
(b)Subdivision (a) shall not apply to any of the following:
(1)To the initial sale of a work of fine art
if legal title to the
work at the time of the initial sale is vested in the artist thereof.
(2)To the resale of a work of fine art for a gross sales price of less than one thousand dollars ($1,000).
(3)Except as provided in paragraph (7) of subdivision (a), to a resale after the death of the artist.
(4)To the resale of the work of fine art for a gross sales price less than the purchase price paid by the seller.
(5)To a transfer of a work of fine art
that is exchanged for one or more works of fine art or for a combination of cash, other property, and one or more works of fine art if the fair market value of the property exchanged is less than one thousand dollars ($1,000).
(6)To the resale of a work of fine art by an art dealer to a purchaser within 10 years of the initial sale of the work of fine art by the artist to an art dealer, provided all intervening resales are between art dealers.
(7)To a sale of a work of stained glass artistry
if the work has been permanently attached to real property and is sold as part of the sale of the real property to which it is attached.
(c)For purposes of this section, the following terms have the following meanings:
(1)“Artist” means the person who creates a work of fine art and who, at the time of resale, is a citizen of the United States, or a resident of the state who has resided in the state for a minimum of two years .
(2)“Fine art” means an original painting, sculpture, or drawing, or an original work of art in glass.
(3)“Art dealer” means a person who is actively and principally engaged in or conducting the business of selling works of fine art for which business
the person validly holds a sales tax permit.
(d)This section shall become operative on January 1, 1977, and shall apply to works of fine art created before and after its operative date.
(e)If any provision of this section or the application thereof to any person or circumstance is held invalid for any reason, that invalidity shall not affect any other provisions or applications of this section that can be effected, without the invalid provision or application, and to
this end the provisions of this section are severable.
(f)The amendments to this section enacted during the 1981–82 Regular Session of the Legislature shall apply to transfers of works of fine art, when created before or after January 1, 1983, that occur on or after that date.
