BILL NUMBER: SB 1249 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 29, 2012
AMENDED IN SENATE APRIL 17, 2012
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Wolk
FEBRUARY 23, 2012
An act to amend Section 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.
(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 department-managed
lands, and would 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 2015
, would require the purchase of an entry permit, as specified,
for access to department-managed lands for uses other than hunting
and fishing, except as provided. The bill would make the failure to
obtain a permit an infraction, as specified. The bill would require
moneys generated by these provisions to be deposited in the
Native Species Conservation and Enhancement Account of the Fish
and Game Preservation Fund , and would
continuously appropriate those funds for
would be available, upon appropriation by the Legislature, to
the department to use for the management and operation of its
lands , thereby making an appropriation . The bill
would require , to the extent that the department is
able to identify the source of the fee revenue collected, the
department to provide no less than 35% of the funds generated by
these provisions to the department-managed lands from which the fee
revenues were collected.
(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: yes no
. Fiscal committee: yes. State-mandated local program: 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) (1) Department-managed lands shall be
operated on a nonprofit basis by the department. The
(2) The department may enter into
contracts or other agreements for the management and
operation of department-managed lands with nonprofit
conservation groups, recognized under Section 501(c) of the Internal
Revenue Code, for the management and operation of
department-managed lands or resource conservation
districts, as described in Chapter 3 (commencing with Section 9151)
of Division 9 of the Public Resources Code . The
(A) The contracts or other
agreements authorized pursuant to this section
paragraph 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.
(B) The contracts or other agreements authorized pursuant to this
paragraph shall adhere to the goals and objectives included in a
management plan approved pursuant to Section 1764 and shall be
consistent with the purpose for which the lands were acquired and
managed by the department. Any changes to the management plan shall
be subject to public review and comment.
(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) (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) or subdivision (c) shall be authorized by regulations
adopted by the department commission .
The department commission may require
the purchase of a special use permit for these other uses.
(e) (1) Except as provided in Section 1765
and paragraph (2) , 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.
(2) The commission may continue to allow free access to a
department-managed land if the commission finds that the best
interests of that area would be served by not fixing a fee for use
privileges.
(f) Commencing January 1, 2014 2015
, 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) (d) or as required by regulations
adopted by the department commission
pursuant to paragraph (2) of subdivision (e)
(d) 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 The moneys generated pursuant to
this section shall be deposited in the Native Species
Conservation and Enhancement Account within the Fish and Game
Preservation Fund, and are hereby continuously appropriated
shall be available, upon appropriation by the
Legislature, to the department for the management and operation
of its lands. The To the extent that the
department is able to identify the source of the fee revenue
collected, the department shall provide no less than 35 percent
of the funds generated pursuant to this section to the
department-managed lands from which the fee revenues were collected.
(h) Notwithstanding subdivision (f), the department may continue
to allow free access to an area of department-managed lands if the
department 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.