BILL NUMBER: SB 1249 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Wolk
FEBRUARY 23, 2012
An act to amend Section 1528 of 13100 of,
and to add Chapter 7.4 (commencing with Section 1745) to Division 2
of, the Fish and Game Code, relating to fish and wildlife
resources , and making an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
SB 1249, as amended, Wolk. Department of Fish and Game: lands
: expenditures .
Existing
(1) Existing law requires the
Department of Fish and Game to operate lands, or lands and water,
acquired for public shooting grounds, state marine recreational
management areas, or wildlife management areas on a nonprofit basis
(collectively, department-operated lands). Existing law states that
multiple recreational use of wildlife management areas is desirable
and requires the Fish and Game Commission to encourage multiple
recreational use. Existing law authorizes the commission to determine
and fix the amount of, and authorizes the department to collect,
fees for any use privileges. Existing law restricts shooting permits
for department-operated lands to persons holding valid hunting
licenses. Existing law, except as expressly provided, makes any
violation of the Fish and Game Code, or any rule, regulation, or
order made or adopted under that code, a misdemeanor.
This bill would authorize the department to enter into contracts
or other agreements with nonprofit conservation groups , as
specified, for the management and operation of
department-managed lands, defined to include public shooting grounds,
state marine recreational management areas, ecological
reserves, and wildlife management areas. The bill would state
that hunting, fishing, wildlife viewing, wildlife photography,
conservation education, and fish and wildlife research are the
priority uses compatible with wildlife management areas
department-managed lands , and would
prohibit other uses in wildlife management areas unless specifically
authorized by regulations adopted by the commission. The bill would
authorize the commission to require the purchase of a special use
permit for those other uses in wildlife management areas as provided
in regulations adopted by the commission and subject to terms and
conditions imposed by the department allow the
department to authorize by regulation other public uses. The
bill would authorize the department to require the purchase of a
special use permit for those other public uses . The bill
, commencing January 1, 2014, would require the purchase of an
entry permit , as provided in regulations
adopted by the commission speci fied,
for access to department-managed lands for uses other than hunting
and fishing, as defined, except as provided.
The bill would require the failure to obtain a permit to be an
infraction, as specified. The bill would require moneys generated by
these provisions to be deposited in the Fish and Game Preservation
Fund and would continuously appropriate those funds for the
department to use for the management and operation of its lands,
thereby making an appropriation.
(2) Existing law requires specified fines and penalties paid to
and retained in the county treasury to be deposited in a county fish
and wildlife propagation fund and expended for the protection,
conservation, propagation, and preservation of fish and wildlife,
under the direction of the county board of supervisors. Existing law
limits expenditures from the fish and wildlife propagation fund of a
county for specified purposes.
This bill would require all proposed expenditures from a county
fish and wildlife propagation fund to be reviewed first at a regular
meeting of the county board of supervisors or its designated county
fish and game commission to ensure compliance with those specified
expenditure purposes. The bill would find and declare that these
provisions are an issue of statewide concern and not a municipal
affair, as specified. By imposing new duties on counties, this bill
would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program:
no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 7.4 (commencing with Section
1745) is added to Division 2 of the Fish and Game Code
, to read:
CHAPTER 7.4. DEPARTMENT-MANAGED LANDS
1745. (a) For purposes of this section, "department-managed lands"
includes lands, or lands and water, acquired for public shooting
grounds, state marine (estuarine) recreational management areas,
ecological reserves, and wildlife management areas.
(b) Department-managed lands shall be operated on a nonprofit
basis by the department. The department may enter into contracts or
other agreements with nonprofit conservation groups, recognized under
Section 501(c) of the Internal Revenue Code, for the management and
operation of department-managed lands. The agreements 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.
(c) Multiple recreational use of department-managed lands is
desirable and that use shall be encouraged by the commission. 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.
(d) 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. Only persons holding valid hunting licenses may apply for
or obtain shooting permits for department-managed lands.
(e) (1) Hunting, fishing, wildlife viewing, wildlife photography,
conservation education, and fish and wildlife research are the
priority uses compatible with department-managed lands.
(2) Public uses of department-managed lands not listed in
paragraph (1) shall be authorized by regulations adopted by the
department. The department may require the purchase of a special use
permit for these other uses.
(f) Commencing January 1, 2014, the purchase of an entry permit
through the Automated License Data System or other means, as
determined by the department, shall be required to access all
department-managed lands for uses other than hunting and fishing. The
user shall have the entry permit in his or her immediate possession
while on department-managed lands. Failure to obtain a permit for
uses listed in paragraph (1) of subdivision (e) or as required by
regulations adopted by the department pursuant to paragraph (2) of
subdivision (e) shall be an infraction as described in Section
12002.2.1. A person in possession of a valid hunting license, a sport
fishing license, or a trapping license shall be exempt from the
payment of an entry permit fee.
(g) Notwithstanding Section 13340 of the Government Code, the
moneys generated pursuant to this section shall be deposited in the
Fish and Game Preservation Fund, and are hereby continuously
appropriated to the department for the management and operation of
its lands.
(h) Notwithstanding subdivision (f), the department may continue
to allow free access to an area of department-managed lands if the
commission finds that the best interest of that area would be served
through not collecting the entrance fee.
SEC. 2. Section 13100 of the Fish and
Game Code is amended to read:
13100. (a) The amounts paid to and retained in the county
treasury pursuant to Sections 12009 and 13003 shall be deposited in a
county fish and wildlife propagation fund and expended for the
protection, conservation, propagation, and preservation of fish and
wildlife, under the direction of the board of supervisors, pursuant
to this chapter.
(b) All proposed expenditures from a county fish and wildlife
propagation fund shall be reviewed first at a regular meeting of the
county board of supervisors or its designated county fish and game
commission to ensure compliance with Section 13103.
SEC. 3. The Legislature finds and declares that
Section 2 of this bill is an issue of statewide concern and not a
municipal affair, as that term is used in Section 5 of Article XI of
the California Constitution.
SEC. 4. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 1528 of the Fish and Game
Code is amended to read:
1528. (a) As used in this section:
(1) "Department-managed lands" include lands, or lands and water,
acquired for public shooting grounds, state marine (estuarine)
recreational management areas, and wildlife management areas.
(2) "Hunting" and "fishing" together mean the take of any game
bird, game mammal, furbearer, fish, or nongame species in accordance
with this code and regulations adopted pursuant to this code.
(b) Department-managed lands shall be operated on a nonprofit
basis by the department. The department may enter into contracts or
other agreements with nonprofit conservation groups for the
management and operation of department-managed lands.
(c) Multiple recreational use of wildlife management areas is
desirable and that use shall be encouraged by the commission. 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.
(d) 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.
(e) (1) Hunting, fishing, wildlife viewing, wildlife photography,
conservation education, and fish and wildlife research are the
priority uses compatible with wildlife management areas.
(2) Uses not listed in paragraph (1) are prohibited in wildlife
management areas unless specifically authorized by regulations
adopted by the commission. The commission may require the purchase of
a special use permit for uses in wildlife management areas not
listed in paragraph (1), as provided in regulations adopted by the
commission and subject to terms and conditions imposed by the
department.
(f) The purchase of an entry permit as provided in regulations
adopted by the commission shall be required to access all
department-managed lands for uses other than hunting and fishing. The
user shall have the entry permit in his or her immediate possession
while on department-managed lands. A person in possession of a valid
hunting license, a sport fishing license, or a trapping license shall
be exempt from the payment of an entry permit fee.
(g) Notwithstanding subdivision (f), the commission may continue
to allow free access to an area of department-managed lands if the
commission finds that the best interest of that area would be served
through not collecting the entrance fee. This finding may be based
upon evidence, including, but not limited to, that the department
would actually lose money by charging the fee.
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