BILL NUMBER: SB 1058 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Harman
FEBRUARY 16, 2010
An act to amend Sections 331, 332, 1528, 3686, 4332, 4656, 4751,
4902, and 4903 of, to add Section 3953 to, to repeal Section 3685 of,
and to repeal and add Sections 3684 and 4334 of, the Fish and Game
Code, relating to hunting.
LEGISLATIVE COUNSEL'S DIGEST
SB 1058, as introduced, Harman. Game hunting.
Existing law requires all money collected under the provisions of
the Fish and Game Code, including money received as a result of the
sale of licenses issued under the provisions of the code, to be
deposited into the Fish and Game Preservation Fund, unless otherwise
provided. Existing law requires the Department of Fish and Game to
operate wildlife management areas on a nonprofit basis for multiple
recreational uses. Existing law authorizes the department to issue an
annual wildlife area pass or a day use pass that authorizes the
bearer to enter and use facilities and programs on designated
department-managed lands. Existing law grants authority to the Fish
and Game Commission to issue tags, stamps, and licenses for the
hunting of antelope, elk, upland game birds, deer, wild pigs, bears,
and bighorn sheep upon payment of a fee, to be deposited into the
fund.
This bill would establish the Upland Game Bird Account within the
fund to permit separate accountability for the receipt and, subject
to appropriation, the prescribed expenditure of revenues from upland
game bird validations and stamps.
The bill would establish the Big Game Management Account within
the fund to permit separate accountability for the receipt and,
subject to appropriation, the prescribed expenditure of revenues from
antelope, elk, deer, wild pig, bear, and bighorn sheep tags.
The bill would exempt projects funded from the accounts from the
State Contract Act and from statutory provisions relating to the
Disabled Veteran Business Enterprise Program.
The bill would make various conforming changes relating to the
establishment of the accounts.
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. Section 331 of the Fish and Game Code is amended to
read:
331. (a) The commission may determine and fix the area or areas,
the seasons and hours, the bag and possession limit, and the sex and
total number of antelope (Antilocapra americana) that may be taken
under regulations that the commission may adopt from time to time.
Only a person possessing a valid hunting license, who has not
received an antelope tag under these provisions during a period of
time specified by the commission, may obtain a tag for the taking of
antelope.
(b) The department may issue a tag upon payment of a fee. The fee
for a tag shall be fifty-five dollars ($55) for a resident of the
state, as adjusted under Section 713. On or before July 1, 2007, the
commission shall, by regulation, fix the fee for a nonresident of the
state at not less than a fee of three hundred fifty dollars ($350),
as adjusted under Section 713. The fee shall be deposited in the
Fish and Big Game Preservation
Fund Management Account established in Section 3953
and, upon appropriation by the Legislature, shall be expended,
in addition to moneys budgeted for salaries of persons in the
department, for the expense of implementing this section.
department as set forth in Section 3953.
(c) The commission shall direct the department to annually
authorize not less than one antelope tag or more than 1 percent of
the total number of tags available for the purpose of raising funds
for programs and projects to benefit antelope. These tags may be sold
at auction to residents or nonresidents of the state or by another
method and are not subject to the fee limitation prescribed in
subdivision (b). All revenues from sales pursuant to this
subdivision shall be deposited in the Big Game Management Account
established in Section 3953 and, upon appropriation by the
Legislature, shall be expended as set forth in that
section.
(d) The commission shall direct the department to annually
authorize one antelope tag of the total number of tags available for
issuance to nonresidents of the state.
SEC. 2. Section 332 of the Fish and Game Code is amended to read:
332. (a) The commission may determine and fix the area or areas,
the seasons and hours, the bag and possession limit, and the number
of elk that may be taken under rules and regulations that the
commission may adopt from time to time. The commission may authorize
the taking of tule elk if the average of the department's statewide
tule elk population estimates exceeds 2,000 animals, or the
Legislature determines, pursuant to the reports required by Section
3951, that suitable areas cannot be found in the state to accommodate
that population in a healthy condition.
(b) Only a person possessing a valid hunting license may obtain a
tag for the taking of elk.
(c) The department may issue an elk tag upon payment of a fee. The
fee for a tag shall be one hundred sixty-five dollars ($165) for a
resident of the state, as adjusted under Section 713. On or before
July 1, 2007, the commission shall, by regulation, fix the fee for a
nonresident of the state at not less than one thousand fifty dollars
($1,050), as adjusted under Section 713. The fees shall be deposited
in the Fish and Big Game
Preservation Fund Management Account established in
Section 3953 and, upon appropriation by the Legislature, shall
be expended, in addition to moneys budgeted for salaries of the
department, for the expenses of implementing this section
and department as set forth in Section
3951. 3953.
(d) The commission shall annually direct the department to
authorize not more than three elk hunting tags for the purpose of
raising funds for programs and projects to benefit elk. These tags
may be sold at auction to residents or nonresidents of the state or
by another method and are not subject to the fee limitation
prescribed in subdivision (c). All revenues from sales pursuant
to this subdivision shall be deposited in the Big Game Management
Account established in Section 3953 and, upon appropriation by the
Legislature, shall be expended as set forth in that section.
(e) The commission shall direct the department to annually
authorize one elk tag of the total number of tags available for
issuance to nonresidents of the state.
SEC. 3. Section 1528 of the Fish and Game Code is amended to read:
1528. (a) Lands, or lands and water, acquired for public
shooting grounds, state marine (estuarine) recreational management
areas, or wildlife management areas shall be operated on a nonprofit
basis by the department. Multiple recreational use of wildlife
management areas, particularly the traditional use of hunting and
fishing, is desirable and that use shall be encouraged by the
commission.
Lands, or lands and water, acquired for public shooting grounds,
state marine (estuarine) recreational management areas, or wildlife
management areas shall be operated on a nonprofit basis by the
department. Multiple recreational use of wildlife management areas is
desirable and that use shall be encouraged by the commission. Except
(b) Except for hunting and
fishing purposes, only minimum facilities to permit other forms of
multiple recreational use, such as camping, picnicking, boating, or
swimming, shall be provided. Except as provided in Section 1765, and
to defray the costs associated with multiple use, the commission may
determine and fix the amount of, and the department shall collect,
fees for any use privileges. However, tours by organized youth and
school groups are exempt from the payment of those fees.
Only persons holding valid hunting licenses may apply for or obtain
shooting permits for public shooting grounds, state marine
(estuarine) recreational management areas, or wildlife management
areas.
(c) Only persons holding valid hunting licenses may apply for or
obtain shooting permits for public shooting grounds, state marine
(estuarine) recreational management areas, or wildlife management
areas.
SEC. 4. Section 3684 of the Fish and Game Code is repealed.
3684. All funds derived from the sale of upland game bird hunting
validations and upland game bird stamps shall be deposited in the
Fish and Game Preservation Fund and shall be expended solely for the
purposes specified in Section 3685. The department shall maintain the
internal accountability necessary to ensure that all restrictions
and requirements pertaining to the expenditure of revenues received
pursuant to this section are met.
SEC. 5. Section 3684 is added to the Fish and Game Code, to read:
3684. (a) The Upland Game Bird Account is hereby established
within the Fish and Game Preservation Fund.
(b) All funds derived from the sale of upland game bird hunting
validations and upland game bird stamps shall be deposited in the
Upland Game Bird Account to permit separate accountability for the
receipt and expenditure of these funds.
(c) Funds deposited in the Upland Game Bird Account shall be
available for expenditure upon appropriation by the Legislature to
the department. These funds shall be expended solely for the purpose
of acquiring land, completing projects and implementing programs to
benefit the upland game bird species, and expanding public hunting
opportunities and related public outreach. The department may also
use these funds to enter into contracts or to award grants to
reimburse, upon completion of the projects, nonprofit organizations
described in Section 501(c)(3) of the Internal Revenue Code (26
U.S.C. Sec. 501(c)(3)) for related habitat projects. Any land
acquired with funds from the Upland Game Bird Account shall be
acquired in fee title or protected with a conservation easement and,
to the extent possible, be open or provide access to the public for
upland game bird hunting. The department may also use funds from the
Upland Game Bird Account to pay for administrative and enforcement
costs of the programs and activities described in this section. The
amount allocated from the account for administrative costs shall be
limited to the reasonable costs associated with administration of the
programs and activities described in this section.
(d) An advisory committee, as determined by the department, that
includes interested nonprofit organizations that have goals and
objectives directly related to the management and conservation of
game bird species and primarily represent the interests of persons
licensed pursuant to Section 3031 shall review and provide comments
to the department on all proposed projects funded from the Upland
Game Bird Account to help ensure that the requirements of this
section have been met. The department shall post budget information
and a brief description on its Internet Web site for all projects
funded from the Upland Game Bird Account.
(e) Upland game bird projects authorized pursuant to this section
are not subject to Part 2 (commencing with Section 10100) of Division
2 of the Public Contract Code or Article 6 (commencing with Section
999) of Chapter 6 of Division 4 of the Military and Veterans Code.
(f) The department shall maintain the internal accountability
necessary to ensure compliance with the collection, deposit, and
expenditure of funds specified in this section.
SEC. 6. Section 3685 of the Fish and Game Code is repealed.
3685. Funds received pursuant to Section 3684 shall be annually
available for appropriation by the Legislature for programs,
projects, and land acquisitions to benefit upland game bird species,
and for related hunting opportunities and public outreach.
This section shall become operative on July 1, 1993.
SEC. 7. Section 3686 of the Fish and Game Code is amended to read:
3686. Projects authorized pursuant to Section 3685
3684 shall be governed by Section 1501.5. With
the approval of the entity in control of property affected by a
project, the department may make grants to, or enter into contracts
with, nonprofit organizations for the accomplishment of those
projects, or the department may reimburse the controlling entity for
its costs of accomplishing the project.
This section shall become operative on July 1, 1993.
SEC. 8. Section 3953 is added to the Fish and Game Code, to read:
3953. (a) The Big Game Management Account is hereby established
within the Fish and Game Preservation Fund.
(b) All revenues from the sale of antelope, elk, deer, wild pig,
bear, and sheep tags, including any fundraising tags, shall be
deposited in the Big Game Management Account to permit separate
accountability for the receipt and expenditure of these funds.
(c) Funds deposited in the Big Game Management Account shall be
available for expenditure upon appropriation by the Legislature to
the department. These funds shall be expended solely for the purposes
set forth in this section and Sections 3951 and 3952, and Chapter 5
(commencing with Section 450) of Division 1, Chapter 7 (commencing
with Section 4650), and Chapter 11 (commencing with Section 4900),
including acquiring land, completing projects, and implementing
programs to benefit antelope, elk, deer, wild pigs, bear, and sheep,
and expanding public hunting opportunities and related public
outreach. The department may also use these funds to enter into
contracts or to award grants to reimburse, upon completion of the
projects, nonprofit organizations described in Section 501(c)(3) of
the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) for related
conservation projects. Any land acquired with funds from the Big Game
Management Account shall be acquired in fee title or protected with
a conservation easement and, to the extent possible, be open or
provide access to the public for antelope, elk, deer, wild pig, bear,
or sheep hunting. The department may also use funds from the Big
Game Management Account to pay for administrative and enforcement
costs of the programs and activities described in this section. The
amount allocated from the account for administrative costs shall be
limited to the reasonable costs associated with administration of the
programs and activities described in this section.
(d) The department may make grants or enter into contracts with
nonprofit organizations for the use of the funds from the Big Game
Management Account when it finds that the contracts are necessary for
carrying out the purposes of this article.
(e) An advisory committee, as determined by the department, that
includes interested nonprofit organizations that have goals and
objectives directly related to the management and conservation of big
game species and primarily represent the interests of persons
licensed pursuant to Section 3031 shall review and provide comments
to the department on all proposed projects funded from the Big Game
Management Account to help ensure that the requirements of this
section have been met. The department shall post budget information
and a brief description on an Internet Web site for all projects
funded from the Big Game Management Account.
(f) Big game projects authorized pursuant to this section are not
subject to Part 2 (commencing with Section 10100) of Division 2 of
the Public Contract Code or Article 6 (commencing with Section 999)
of Chapter 6 of Division 4 of the Military and Veterans Code.
(g) The department shall maintain the internal accountability
necessary to ensure compliance with the collection, deposit, and
expenditure of funds specified in this section.
SEC. 9. Section 4332 of the Fish and Game Code is amended to read:
4332. (a) Any resident of this state, 12 years of age or over,
who possesses a valid hunting license, may procure one tag for the
taking of one deer by one person during the current license year,
upon payment of the base fee of ten dollars ($10) for the license
year beginning July 1, 1986, and the base fee as adjusted under
Section 713 for subsequent license years.
(b) Any nonresident of this state, 12 years of age or over, who
possesses a valid hunting license, may procure one tag for the taking
of one deer by one person during the current license year, upon
payment of the base fee of one hundred dollars ($100) for the license
year beginning July 1, 1986, and the base fee as adjusted under
Section 713 for subsequent license years.
(c) If provided in regulations adopted by the commission under
Section 200, any resident of this state, 12 years of age or over, who
possesses a deer tag may procure one additional deer tag for the
taking of one additional deer during the current license season, upon
payment of the base fee of twelve dollars and fifty cents ($12.50)
for the license years beginning July 1, 1986, and the base fee as
adjusted under Section 713 for subsequent license years.
(d) If provided in regulations adopted by the commission under
Section 200, any nonresident of this state, 12 years of age or over,
who possesses a deer tag may procure one additional deer tag for the
taking of one additional deer during the current license season, upon
payment of the base fee of one hundred dollars ($100) for the
license year beginning July 1, 1986, and the base fee as adjusted
under Section 713 for subsequent license years.
(e) The revenue received All revenues
pursuant to this section shall be deposited in the
Fish and Big Game Preservation Fund,
and, notwithstanding Management Account established in
Section 13340 of 3953 and, upon
appropriation by the Government Code, 54 percent of
the amount deposited Legislature, shall be expended as
set forth in that fund pursuant to this section each
year is hereby continuously appropriated to the department for
expenditure for the purpose of implementing the deer herd management
plans prepared pursuant to Chapter 5 (commencing with Section 450) of
Division 1. section.
The amount appropriated for implementation of deer herd management
plans by this subdivision is intended to be in addition to, and not
a replacement for, the funds budgeted in that year or the previous
year to the department from the Fish and Game Preservation Fund for
deer management.
SEC. 10. Section 4334 of the Fish and Game Code is repealed.
4334. The commission shall annually direct the department to
authorize, pursuant to Sections 1054.6 and 1054.8, the sale of not
more than 10 deer tags solely for the purpose of raising funds for
programs and projects to benefit deer. These tags may be sold to
residents or nonresidents of the State of California at auction or by
any other method and are not subject to the fees prescribed by
Section 4332. Notwithstanding Section 13340 of the Government Code,
all funds derived from the sale of these tags is hereby continuously
appropriated to the department to be used for the Deer Herd
Management Plan Implementation Program. These funds shall augment,
not supplant, any other funds appropriated to the department for the
preservation, restoration, utilization, and management of deer. All
revenues derived from the sale of these tags shall be remitted to the
department by the seller.
SEC. 11. Section 4334 is added to the Fish and Game Code, to read:
4334. (a) The commission shall annually direct the department to
authorize, pursuant to Section 1054.8, the sale of not more than 10
deer tags for the purpose of raising funds for programs and projects
as set forth in Section 3953. All revenue from the sale of tags
pursuant to this section shall be deposited in the Big Game
Management Account established in Section 3953 and, upon
appropriation by the Legislature, shall be expended as set forth in
that section.
(b) These tags may be sold to residents or nonresidents of the
State of California at auction or by any other method and are not
subject to the fees prescribed by Section 4332.
(c) These funds shall augment, not supplant, any other funds
appropriated to the department for the preservation, restoration,
utilization, and management of deer. All revenues derived from the
sale of these tags shall be remitted to the department by the seller.
SEC. 12. Section 4656 of the Fish and Game Code is amended to
read:
4656. Revenues received pursuant to this chapter shall be
deposited in the Fish and Big Game
Preservation Fund. Management Account
established in Section 3953. These funds shall be available for
expenditure by the department solely for wild pig
management. as set forth in Section 3953. The
department shall maintain all internal accounting measures necessary
to ensure that all restrictions on these funds are met.
SEC. 13. Section 4751 of the Fish and Game Code is amended to
read:
4751. (a) Any resident of this state, 12 years of age or over,
who possesses a valid hunting license, may procure the number of bear
tags corresponding to the number of bear that may legally be taken
by one person during the current license year, upon payment of a base
fee of fifteen dollars ($15), as adjusted under Section 713, for
each bear tag. Fee revenues pursuant to this subdivision shall
be deposited in the Big Game Management Account established in
Section 3953 and, upon appropriation by the Legislature, shall be
expended as set forth in that section.
(b) Any nonresident of this state, 12 years of age or over, who
possesses a valid California hunting license, may procure the number
of bear tags corresponding to the number of bear that may be legally
taken by one person during the current license year upon payment of
the base fee of one hundred five dollars ($105), as adjusted under
Section 713, for each bear tag. Fee revenues pursuant to this
subdivision shall be deposited in the Big Game Management Account
established in Section 3953 and, upon appropriation by the
Legislature, shall be expended as set forth in that section.
SEC. 14. Section 4902 of the Fish and Game Code is amended to
read:
4902. (a) The commission may adopt all regulations necessary to
provide for biologically sound management of Nelson bighorn sheep
(subspecies Ovis canadensis nelsoni).
(b) (1) After the plans developed by the department pursuant to
Section 4901 for the management units have been submitted, the
commission may authorize sport hunting of mature Nelson bighorn rams.
Before authorizing the sport hunting, the commission shall take into
account the Nelson bighorn sheep population statewide, including the
population in the management units designated for hunting.
(2) Notwithstanding Section 219, the commission shall not,
however, adopt regulations authorizing the sport hunting in a single
year of more than 15 percent of the mature Nelson bighorn rams in a
single management unit, based on the department's annual estimate of
the population in each management unit.
(c) The fee for a tag to take a Nelson bighorn ram may be
determined by the commission, but shall not exceed five hundred
dollars ($500). Fee revenues shall be deposited in the Big Game
Management Account established in Section 3953 and, upon
appropriation by the Legislature, shall be expended as set forth in
that section.
(d) The commission shall annually direct the department to
authorize not more than three of the tags available for issuance that
year to take Nelson bighorn rams for the purpose of raising funds
for programs and projects to benefit Nelson bighorn sheep. These tags
may be sold to residents or nonresidents of the State of California
at auction or by another method and shall not be subject to the fee
limitation prescribed in subdivision (c). Commencing with tags sold
for the 1993 hunting season, if more than one tag is authorized, the
department shall designate a nonprofit organization organized
pursuant to the laws of this state, or the California chapter of a
nonprofit organization organized pursuant to the laws of another
state, as the seller of not less than one of these tags. The number
of tags authorized for the purpose of raising funds pursuant to this
subdivision, if more than one, shall not exceed 15 percent of the
total number of tags authorized pursuant to subdivision (b). All
revenue from the sale of tags pursuant to this subdivision shall be
deposited in the Big Game Management Account established in Section
3953 and, upon appropriation by the Legislature, shall be
expended as set forth in that section.
(e) No tag issued pursuant to this section shall be valid unless
and until the licensee has successfully completed a prehunt hunter
familiarization and orientation and has demonstrated to the
department that he or she is familiar with the requisite equipment
for participating in the hunting of Nelson bighorn rams, as
determined by the commission. The orientation shall be conducted by
the department at convenient locations and times preceding each
season, as determined by the commission.
SEC. 15. Section 4903 of the Fish and Game Code is amended to
read:
4903. Revenue from the fees authorized by this chapter shall be
deposited in the Fish and Big Game
Preservation Fund and shall be expended solely for purposes
of the bighorn sheep program. Notwithstanding Sections 711 and 13004,
this revenue, Management Account established in
Section 3953 and, upon appropriation by the Legislature, shall
be available for expenditure by the department solely for
programs and projects to benefit bighorn sheep and for the direct
costs and administrative overhead incurred solely
expended as set forth in carrying out the department's
bighorn sheep activities. that section.
Administrative overhead shall be limited to the reasonable costs
associated with the direct administration of the program. These funds
shall be used to augment, and not to replace, moneys appropriated
from existing funds available to the department for the preservation,
restoration, utilization, and management of bighorn sheep. The
department shall maintain internal accountability necessary to ensure
that all restrictions on the expenditure of these funds are met.