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 SB 1058 Page 2 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 Page 3 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: SB 1058 Page 4 "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 SB 1058 Page 5 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 Page 6 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