BILL NUMBER: SB 1058 CHAPTERED
BILL TEXT
CHAPTER 408
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2010
APPROVED BY GOVERNOR SEPTEMBER 28, 2010
PASSED THE SENATE AUGUST 26, 2010
PASSED THE ASSEMBLY AUGUST 19, 2010
AMENDED IN ASSEMBLY AUGUST 16, 2010
AMENDED IN ASSEMBLY JUNE 17, 2010
AMENDED IN SENATE APRIL 20, 2010
AMENDED IN SENATE MARCH 22, 2010
INTRODUCED BY Senator Harman
(Coauthor: Senator Denham)
(Coauthors: Assembly Members Chesbro, DeVore, and Nielsen)
FEBRUARY 16, 2010
An act to amend Sections 331, 332, 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, Harman. Hunting and fishing.
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 grants authority to the department 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.
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 Big
Game 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 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 Big Game 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 as set forth in
Section 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 3684 of the Fish and Game Code is repealed.
SEC. 4. 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 upland game bird species, and expanding public hunting
opportunities and related public outreach, including, but not limited
to, enhancing upland game bird habitat. 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) The department may make grants to, reimburse, or enter into
contracts or other agreements as defined in subdivision (a) of
Section 1571 with, nonprofit organizations for the use of the funds
from the Upland Game Bird Account to carry out the purposes of this
section, including related habitat conservation projects.
(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
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.
(f) 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.
(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. 5. Section 3685 of the Fish and Game Code is repealed.
SEC. 6. Section 3686 of the Fish and Game Code is amended to read:
3686. Projects authorized pursuant to Section 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.
SEC. 7. 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. 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 to, reimburse, or enter into
contracts or other agreements as defined in subdivision (a) of
Section 1571 with, nonprofit organizations for the use of the funds
from the Big Game Management Account to carry out the purposes of
this section, including related habitat conservation projects.
(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. 8. 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) All revenues 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.
SEC. 9. Section 4334 of the Fish and Game Code is repealed.
SEC. 10. 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. 11. Section 4656 of the Fish and Game Code is amended to
read:
4656. Revenues received pursuant to this chapter shall be
deposited in the Big Game Management Account established in Section
3953. These funds shall be available for expenditure by the
department 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. 12. 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. 13. 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. 14. 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 Big Game Management Account established in Section
3953 and, upon appropriation by the Legislature, shall be expended as
set forth in 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.