BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1058
                                                                  Page  1

          Date of Hearing:   August 4, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    SB 1058 (Harman) - As Amended:  June 17, 2010 

          Policy Committee:                              Water, Parks and  
          Wildlife     Vote:                            11-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill establishes the Upland Game Bird Account (UGBA) and  
          the Big Game Management Account (BGMA) within the Fish and Game  
          Preservation Fund (FGPF).  Specifically, this bill:

          1)Establishes two accounts within the FGPF:  (a) the UGBA, to  
            receive all revenue from the sale of upland game bird  
            validations and stamps; and (b) the BGMA, to receive all  
            revenue from the sale of antelope, elk, deer, wild pig, bear,  
            and sheep tags.

          2)Makes funds in the UGBA available, upon appropriation of the  
            Legislature, to the Department of Fish and Game (DFG) for  
            acquisitions, projects and programs to benefit upland game  
            bird species and to expand public hunting opportunities.

          3)Makes funds in the BGMA available, upon appropriation, to DFG  
            for acquisitions, projects and programs to benefit antelope,  
            elk, deer, wild pigs, bear, and sheep and to expand public  
            hunting opportunities.

          4)Establishes two, separate stakeholder advisory committees to  
            review and comment on planned expenditures from the UGBA and  
            the BGMA, respectively.

          5)Requires DFG to post UGMA and BGMA budget information on its  
            Web site.

          6)Identifies hunting and fishing as particularly desirable uses  
            among the many uses of wildlife management areas to be  
            encouraged by the Fish and Game Commission. 








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           FISCAL EFFECT  

          1)Minor, absorbable one-time costs to establish UGBPA and BGMA  
            (FGPF.)

          2)Redirection of approximately $8.7 million in nondedicated  
            funds from the FGPF to the two subaccounts created by this  
            bill-about $7.2 million to the BGMA and about $1.5 million to  
            the UGBPA.

          3)Minor ongoing costs to DFG, likely less than $50,000 annually,  
            to administer funds and maintain required fund information on  
            its Web site.  (FGPF.)

           COMMENTS  

           1)Rationale  .  The author contends this bill allows greater  
            transparency and oversight to ensure hunting license tag and  
            stamp funds benefit bird and game species and their habitats.

           2)Background  .  

              a)   Hunting Regulation and Revenue.   Existing law  
               establishes hunting seasons, bag limits, and other  
               restrictions on hunting game in California, including the  
               requirement that hunters obtain a seasonal hunting license.  
               In addition, hunters may be required to purchase tags to  
               permit the hunting of specific animals, such as deer, elk,  
               bear, wild pigs, antelope, bighorn sheep, and upland game  
               birds.  Revenue from the sale of these licenses and tags is  
               deposited in the FGPF.  Some funds in the FGPF are  
               deposited in "dedicated accounts" and may be used only for  
               narrow purposes, such as species-specific habitat  
               restoration.   

               Other funds in the FGPF are "nondedicated" and may be used  
               for broader habitat benefit purposes.  For example, DFG may  
               use funds from the sale of bear hunting licenses for  
               projects that benefit wild pig habitat or that benefit game  
               habitat overall.  

              b)   History of Concern with Management of Fish and Game  
               Preservation Fund.   In 2005, a state audit of DFG's  
               administration of the FGPF criticized the department's use  








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               of those funds to cover deficits in other funds.   
               Similarly, in 2006, the Legislative Analyst's Office (LAO)  
               found "inappropriate budgeting practices" in regard to  
               DFG's management of the FGPF, including inappropriately  
               shifting money within the FGPF to cover deficits within the  
               fund and failing to provide key budget information to the  
               Legislature.

           3)Why Hunting and Fishing, in Particular  ?  "Wildlife management  
            areas" are lands managed by DFG to protect and enhance habitat  
            for wildlife and to provide for wildlife-related public uses.   
            Existing statute declares the desirability of "multiple  
            recreational use" of the state's wildlife management areas and  
            calls on the Fish and Game Commission to encourage that use.   
            This bill would modify existing statute in a way that elevates  
            the desirability of hunting and fishing in wildlife management  
            areas above other uses of those areas.  It is unclear what  
            purpose is served by this subtle, yet significant, change in  
            state policy concerning management of the state's wildlife  
            management areas.  Nor is it clear that a bill that concerns  
            DFG's accounting procedures is the appropriate vehicle for  
            such a policy change.  The committee may wish to amend the  
            bill so that it does not promote hunting and fishing over the  
            other, coequal uses of wildlife management areas.

           4)Related Legislation.  
           
              a)   SB 589 (Harman, 2009  ), similar to this bill, passed the  
               Assembly 73-0 and was vetoed by the governor.

              b)   SB 1535 (Kuehl, Chapter 667, Statutes of 2006)  adopted a  
               number of recommendations made by the LAO in its review of  
               DFG's management of the FGPF, including requiring the  
               Secretary for Resources to annually report on the fund  
               conditions accounts of the FGPF as part of the annual  
               budget process.

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081