BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1058
                                                                  Page  1

          Date of Hearing:   June 15, 2010

                   ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
                            Jared William Huffman, Chair
                    SB 1058 (Harman) - As Amended:  April 20, 2010

           SENATE VOTE  :   33-0
           
          SUBJECT  :   Hunting

           SUMMARY  :   Establishes an Upland Game Bird Account and a Big  
          Game Management Account within the Fish and Game Preservation  
          Fund (FGPF).  Specifically,  this bill  :

          1)  Establishes an Upland Game Bird Account (UGBA) within the  
            FGPF, and requires that all funds from the sale of upland game  
            bird validations and stamps be deposited in the UGBA to permit  
            separate accountability for the funds.  Requires that funds in  
            the UGBA be available for expenditure, upon appropriation of  
            the Legislature, to the Department of Fish and Game (DFG)  
            solely for acquisitions, projects and programs to benefit  
            upland game bird species, to expand public hunting  
            opportunities, and for related public outreach.

          2)  Further provides that expenditures from the UGBA shall  
            include but not be limited to, trapping and relocating upland  
            game birds, establishing food plots, and enhancing upland game  
            bird habitat.

          3)  Authorizes DFG to use funds in the UGBA for contracts or  
            grants to nonprofit organizations, and for related reasonable  
            administrative and enforcement costs.  Requires an advisory  
            committee, composed of nonprofit organizations representing  
            licensed hunters, to review and provide comments to DFG on all  
            proposed projects, and requires DFG to post information on its  
            Web site on all projects funded from the UGBA.

          4)  Establishes a Big Game Management Account (BGMA) within the  
            FGPF, and requires that all revenues from the sale of  
            antelope, elk, deer, wild pig, bear, and sheep tags be  
            deposited in the BGMA to permit separate accountability for  
            the funds.  Requires that funds in the BGMA be available for  
            expenditure, upon appropriation of the Legislature, to DFG  
            solely for acquisitions, projects and programs to benefit  
            antelope, elk, deer, wild pigs, bear, and sheep, to expand  








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            public hunting opportunities, and for related public outreach.  
             

          5)Authorizes DFG to use funds in the BGMA for contracts or  
            grants to nonprofit organizations, and for related reasonable  
            administrative and enforcement costs.  Requires an advisory  
            committee, composed of nonprofits representing licensed  
            hunters, to review and provide comments to DFG on all proposed  
            projects, and requires DFG to post information on its Web site  
            on all projects funded from the BGMA.
               
           EXISTING LAW  :

          1)  Requires that revenues from the sale of upland game bird  
            stamps and hunting validations be deposited in the FGPF and  
            used to benefit upland game bird species and for related  
            hunting opportunities and public outreach.  Requires DFG to  
            maintain internal accountability necessary to ensure  
            restrictions and requirements for expenditure of these funds  
            are met.

          2)  Requires that revenues from the sale of tags for the taking  
            of antelope, elk, deer, wild pig, bear and sheep be deposited  
            in the FGPF, and requires that revenues from the sales of tags  
            for each game species, with some exceptions, be used only for  
            programs related to that game species.  Revenues from the sale  
            of deer tags are continuously appropriated for deer herd  
            management.

          3)  Requires the director of DFG and the Secretary of the  
            Natural Resources Agency, with DFG's annual budget submittal  
            to the Legislature, to submit a report on the fund condition  
            for all accounts and subaccounts within the FGPF.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   This bill establishes a new consolidated BGMA within  
          the FGPF.  Proceeds from the sale of tags to hunt antelope, elk,  
          deer, wild pig, bear and sheep would be deposited in the BGMA  
          and available, upon appropriation, for use for programs  
          benefiting these species.  Currently, revenue from each of these  
          game species tag sales is deposited in the FGPF, but the law  
          requires that revenues from the sale of tags for each species be  
          used for expenditures related only to that species.  The aim of  
          this bill is to both provide for better accounting by requiring  








                                                                  SB 1058
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          that the funds go into a consolidated BGMA, and to provide for  
          greater flexibility by allowing the pooling and use of these  
          revenues on projects of benefit to more than just one species.   
          This bill also authorizes DFG to use the funds for grants to  
          nonprofits, and requires an advisory committee, composed of  
          nonprofits representing licensed hunters, to advise DFG on all  
          proposed project expenditures.

          This bill also creates in statute an UGBA.  Current law requires  
          DFG to maintain the internal accountability necessary to ensure  
          that funds from the sale of upland game bird stamps are used for  
          programs, projects and acquisitions to benefit upland game bird  
          species and related hunting opportunities, but does not  
          specifically require that the funds be kept in a separate UGBA.   
          This bill also authorizes funds in the account to be used for  
          grants to nonprofit organizations, and requires an advisory  
          committee, composed of nonprofits representing licensed hunters,  
          to advise DFG on all proposed project expenditures.

          The author states that this bill has been introduced to provide  
          greater transparency, government accountability and oversight,  
          and to ensure that hunting license tag and stamp funds are used  
          to benefit game species and their habitats.   

          Supporters assert this bill will provide oversight to ensure  
          that revenues generated through hunting license tag and stamp  
          sales are spent for conservation of game species and their  
          habitats.  Supporters cite a 2006 Legislative Analyst's Office  
          (LAO) report which found that DFG had been addressing shortfalls  
          in certain accounts within the FGPF by shifting funds to other  
          accounts, and as a result some dedicated funds were being used  
          for purposes not authorized by statute.   According to the LAO,  
          DFG has taken steps since that report was released to address  
          those problems and to provide better accounting.  Supporters  
          believe this bill will help to more fully address this problem  
          over the long-term, and ensure the funds are used for their  
          intended purposes by requiring DFG to consult with nonprofit  
          groups on proposed projects, while also giving DFG greater  
          flexibility by consolidating funds and allowing revenues to be  
          used to benefit all game species.

           Related Legislation  :  This bill is substantially similar to SB  
          589 (Harman) of 2009 which was vetoed by the Governor, with a  
          couple of substantive differences.  The Governor's veto message  
          on SB 589 stated:








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               "This bill would establish two new dedicated accounts  
               within the Fish
               and Game Preservation Fund; one for the deposit of revenues  
               generated
               through the sale of big game tags, and one for funds  
               received from
               the sale of upland game bird stamps. This bill would make  
               changes to
               the way in which the Department of Fish and Game  
               (Department) may
               spend the monies in the newly-created accounts and would  
               require the
               Department to include a fund condition statement on its  
               website.

               The creation of more dedicated accounts and reserving more  
               funds for
               those accounts will only increase the complexity of the  
               Department's
               fiscal management of these dollars, as well as reduce the  
               Department's
               flexibility to appropriately administer hunting programs.
               Additionally, the bill's requirement that the Department  
               post budget
               information on its public website is redundant since the  
               Department
               already does this for all of its accounts.

               For these reasons, I am unable to sign this bill."

          It should be noted that the redundant requirement in SB 589  
          referenced at the end of the Governor's veto message is not  
          included in SB 1058.  Whether the removal of this provision  
          addresses all of the concerns raised in the Governor's veto  
          message is unknown.

           New Language and proposed Committee amendments  :  This bill also  
          contains two substantive differences from SB 589, one of which  
          was added after this bill passed the Senate policy committee.   
          SB 589 authorized monies in the UGBA to be used by DFG for  
          contracts or grants to nonprofit organizations for related  
          habitat projects, and authorized monies in the BGMA to be used  
          by DFG for contracts or grants to nonprofit organizations for  
          related conservation projects.  This language authorizing  








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          contracts or grants to nonprofits for related habitat and  
          conservation projects is not contained in SB 1058, though SB  
          1058 does recognize "enhancing upland game bird habitat" as an  
          authorized expenditure of funds from the UGBA.  Committee staff  
          recommends that both Sections 3684 and 3953 be amended to  
          include language authorizing expenditure of funds for grants and  
          contracts for related habitat conservation projects as in SB  
          589.

          This bill also adds new language not contained in SB 589  
          authorizing funds in the UGBA to be used for "trapping and  
          relocating upland game birds" and "establishing food plots."  
          Exactly what activities would be authorized to be funded by this  
          language is unclear, and without further definition could be  
          potentially in conflict with other existing provisions of law,  
          including, for example, Fish and Game Code Sections 3005 and  
          3005.5, which generally prohibit the taking of birds with traps,  
          and Fish and Game Commission regulations, such as Title 14,  
          California Code of Regulations, Section 257.5, which prohibits  
          the use of bait to hunt game birds.  To the extent this language  
          refers to activities that are authorized under current law they  
          should already be authorized expenditures of the fund making  
          this language unnecessary.   Committee staff therefore  
          recommends that this language be stricken.  



           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Outdoor Heritage Alliance (sponsor)
          California Bow Hunters/State Archery Association
          California Chapter of the Foundation for North American Wild  
          Sheep
          California Council of Land Trusts
          California Deer Association
          California Houndsmen for Conservation
          California Rifle and Pistol Association, Inc.
          California Waterfowl Association
          Cougar Mountain Archers, Inc.
          Delta Waterfowl Foundation
          Lodi Bowmen
          Lower Sherman Island Duck Hunters Association
          Outdoor Sportsmen's Coalition of California








                                                                  SB 1058
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          Rocky Mountain Elk Foundation
          Safari Club International
          Safari Club International, Golden Gate Chapter
          Suisun Resource Conservation District
          The California Sportsman's Lobby, Inc.
          The Mule Deer Foundation
          U.S. Sportsmen's Alliance
           
            Opposition 
           
          None on file

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