BILL NUMBER: SB 1249	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 22, 2012
	AMENDED IN ASSEMBLY  AUGUST 20, 2012
	AMENDED IN ASSEMBLY  JULY 3, 2012
	AMENDED IN SENATE  MAY 29, 2012
	AMENDED IN SENATE  APRIL 17, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Wolk
   (Principal coauthor: Assembly Member Huffman)

                        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.


	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, 2015,  would require the
purchase of an entry permit if the department makes certain findings,
as specified, for nonconsumptive uses of department-managed lands,
except as provided. The bill would make the failure to obtain a
permit an infraction, as specified, and provide that a person in
possession of a valid hunting license, sport fishing license, or
trapping license is exempt from a requirement to obtain a permit. 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 those funds would be
available, upon appropriation by the Legislature, to the department
to use for the management and operation of its lands. 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: 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, the following terms have
the following meanings:
   (1) "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.
   (2) "Nonconsumptive uses" means compatible uses other than hunting
and fishing.
   (b) (1) Department-managed lands shall be operated on a nonprofit
basis by the department.
   (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, or resource conservation districts, as
described in Chapter 3 (commencing with Section 9151) of Division 9
of the Public Resources Code.
   (A) The contracts or other agreements authorized pursuant to this
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 an
approved management plan 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 described in
paragraph (1), or subdivision (c) or (f), shall be authorized by
regulations adopted by the commission. The commission may require the
purchase of a special use permit for these other uses.
   (e) Except as provided in Section 1765 and subdivision (h), 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.
   (f)  The   Commencing January 1, 2015, the
 department shall require the purchase of an entry permit for
nonconsumptive uses of department-managed lands if the department
finds that it is practical and would be cost-effective for the state
to collect entry permit fees.
   (g) The following shall apply if the department requires the
purchase of an entry permit pursuant to subdivision (f):
   (1) The department shall require the purchase of an entry permit
for nonconsumptive uses of a department-managed land only if a sign
providing notice of the requirement has been posted at the
department-managed land.
   (2) To the extent feasible, the department shall allow
nonconsumptive users to purchase an entry permit onsite.
   (3) The department shall use the Automated License Data System to
sell an entry permit.
   (4) A nonconsumptive user shall have an entry permit in his or her
immediate possession while on department-managed lands.
   (h) Failure to obtain a permit as required pursuant to this
section shall be an infraction as described in Section 12002.2.1. A
person in possession of a valid hunting license, sport fishing
license, or trapping license shall be exempt from a requirement to
obtain a permit.
   (i) 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 shall be available,
upon appropriation by the Legislature, to the department for the
management and operation of its lands. 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.
   (j) The commission and department may continue to allow free
access to a department-managed land if the commission or department
finds the best interests of that area would be served by not fixing a
fee for use privileges.
  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.