BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1254
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1254 (Tom Berryhill)
          As Amended  August 16, 2010
          Majority vote
           
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          |ASSEMBLY:  |72-1 |(January 27,    |SENATE: |34-0 |(August 18,    |
          |           |     |2010)           |        |     |2010)          |
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           Original Committee Reference:    W., P. & W.

          SUMMARY  :  Modifies requirements for annual Fish and Game  
          Commission (FGC) meetings; requires the Department of Fish and  
          Game (DFG) to offer special hunting opportunities as incentives to  
          hunter education instructors; and, authorizes DFG to temporarily  
          suspend or seek reimbursement of county expenditures of fish and  
          wildlife propagation fund monies if it determines pursuant to an  
          audit that the county's expenditures are not in compliance with  
          fish and game laws. 

           The Senate amendments  :

          1)Restore the requirement that the FGC hold no fewer than 10  
            regular meetings per calendar year.

          2)Strike an Assembly-approved provision that would have repealed a  
            section of law prohibiting hunting on private property where  
            signs are displayed of specified size and location that say  
            PRIVATE PROPERTY NO HUNTING, leaving that section as is under  
            current law.  

          3)Require DFG to offer special hunting opportunities to qualified  
            hunter education instructors in order to recruit and retain such  
            instructors.  Specify the methods through which DFG may provide  
            a limited number of existing tags and other hunting  
            opportunities to hunter education instructors, including through  
            the private lands management program, the Shared Habitat  
            Alliance program, cooperative agreements with federal, state or  
            local agencies, cooperative agreements with landowners or  
            tenants seeking depredation permits for game animals, and  
            authorizing a maximum of 15 tags from the annual tag quota, as  
            determined by DFG.

          4)Provide that DFG shall determine eligibility criteria for hunter  
            education instructors seeking hunting opportunities, and require  







                                                                  AB 1254
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            that DFG select instructors meeting those criteria to receive  
            the hunting opportunities only by random drawing.

          5)Authorize DFG to adopt regulations to implement the hunter  
            education instructor special hunting opportunities.

          6)Authorize DFG, if it determines through exercise of its existing  
            auditing authority that a county's expenditure of funds from its  
            fish and wildlife propagation fund are not in compliance with  
            requirements of the Fish and Game Code, to require that  
            expenditures from the fund be temporarily suspended, or to seek  
            reimbursement of funds DFG determines were expended improperly  
            based on the audit, or both.

           EXISTING LAW  :

          1)Makes it unlawful to enter any lands, including lands  
            temporarily inundated by waters, where signs forbidding trespass  
            are displayed, for the purpose of discharging any firearm or  
            taking or destroying any mammal or bird without written  
            permission from the landowner.

          2)Makes it unlawful to take any mammal or bird or to discharge any  
            firearm on lands posted with "PRIVATE PROPERTY NO HUNTING" signs  
            meeting certain specifications.

          3)Requires completion of a hunter education course to obtain a  
            hunting license and provides for certification of hunter  
            education instructors.

          4)Requires the FGC to hold no fewer than 10 regular meetings per  
            calendar year, no more than two of which may be held in  
            Sacramento.

           AS PASSED BY THE ASSEMBLY  , this bill repealed an existing statute  
          making it unlawful to hunt on private property that is posted with  
          PRIVATE PROPERTY NO HUNTING signs in specified sizes and  
          locations, and authorized the FGC to hold no fewer than eight  
          regular meetings per year if it has adequate funding for travel,  
          including for DFG travel, with no more than three regular meetings  
          to be held in Sacramento.

           FISCAL EFFECT  :  According to the Senate Appropriations Committee,  
          pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  This bill allows the FGC to adjust its meeting schedule  







                                                                  AB 1254
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          to address funding shortfalls, requires DFG to provide incentives  
          in the form of special hunting opportunities to help recruit and  
          retain hunter education instructors, and authorizes DFG to take  
          actions to address unauthorized county expenditures of fish and  
          game fine moneys.  

          Completion of a hunter education course offered by a certified  
          hunter education instructor is a precondition to obtaining a  
          hunting license.  DFG has had difficulty recruiting hunter  
          education instructors.  The author and sponsors of this bill hope  
          that by providing special hunting opportunities, which would be  
          awarded to qualified hunter education instructors through a random  
          drawing, this will help with recruitment and retention of  
          instructors.

          Amendments added in the Senate also authorize DFG to take actions  
          to address unauthorized county expenditures of fish and game fine  
          moneys based on an audit showing that the expenditures were not in  
          compliance with the law.  Under existing law, one-half of all  
          fines and forfeitures collected for violations of fish and game  
          laws go to the county were the offense was committed, and are  
          required to be expended by the county for specified purposes  
          related to protection, conservation, propagation and preservation  
          of fish and wildlife.  DFG is authorized to audit county  
          expenditures of these funds to ensure compliance with these  
          expenditure requirements.  This bill, as amended in the Senate,  
          authorizes DFG, if it determines through an audit that a county's  
          expenditures of these funds are not in compliance with the law, to  
          temporarily suspend expenditures from the fund, or to seek  
          reimbursement of the funds that were improperly expended, or both.  
                   



           Analysis Prepared by  :    Diane Colborn / W., P. & W. / (916)  
          319-2096


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