BILL ANALYSIS Ó
AB 2105
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2105 (Frazier)
As Amended July 2, 2014
Majority vote
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|ASSEMBLY: |77-0 |(April 21, |SENATE: |35-0 |(August 11, |
| | |2014) | | |2014) |
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Original Committee Reference: W., P. & W.
SUMMARY : Authorizes a nonprofit organization designated by the
Department of Fish and Wildlife (DFW) to assist in the sale of
big game mammal hunting tags to retain 5% of the amount of the
sale price of the tag as a vendor fee to cover administrative
costs, and raises the fee for a nonresident Nelson bighorn ram
tag.
The Senate amendments :
1)Delete authorization for the nonprofit organization to be
reimbursed for any credit card processing fees, in addition to
the 5% vendor fee.
2)Revise the legislative findings and declarations regarding the
amount of funds, from various sources, spent on
wildlife-dependent recreation, the contributions of such
expenditures to jobs and the state's economy, and regarding
Bighorn sheep hunting tags.
3)Make other clarifying changes regarding the method of
transmitting payments to the state.
EXISTING LAW :
1)Requires all revenues from the sale of antelope, elk, deer,
wild pig, bear, and sheep tags, including any fundraising
tags, to be deposited in the Big Game Management Account in
the Fish and Game Preservation Fund.
2)Establishes a state policy to encourage the preservation,
restoration, utilization and management of California's
bighorn sheep population. Requires DFW to determine the
status and trend of bighorn sheep populations by management
AB 2105
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units, and to develop a plan for each unit.
3)Authorizes the Fish and Game Commission (FGC) to adopt all
regulations necessary to provide for biologically sound
management of Nelson bighorn sheep. Authorizes the FGC to
authorize sport hunting of mature Nelson bighorn sheep rams,
but prohibits the FGC from authorizing the sport hunting in a
single year of more than 15% of the mature Nelson bighorn rams
in a management unit.
4)Requires the FGC to determine the fee for a tag to take a
Nelson bighorn ram, not to exceed $500. Requires the FGC to
direct the DFW annually to authorize not more than three of
the tags available for issuance that year to be sold at
auction for the purpose of raising funds for programs and
projects to benefit Nelson bighorn sheep. If more than one
tag is authorized for sale at auction the DFW shall designate
a nonprofit organization as the seller of not less than one of
the tags. Allows no more than 15% of the total number of tags
authorized to be issued to be sold at auction for higher
amounts.
AS PASSED BY THE ASSEMBLY , this bill authorized a nonprofit
organization, designated by the DFW to assist in the sale of
deer, elk, antelope, or bighorn sheep fundraising tags on behalf
of the DFW, to retain 5% of the amount of the sale price of the
tag, plus any applicable credit card fees, as a reasonable
vendor fee. This bill also clarified that with the exception of
such fees, all revenues from the sale of antelope, elk, deer,
wild pig, bear and sheep tags, including any fundraising tags,
shall be deposited in the Big Game Management Account within the
Fish and Game Preservation Fund. The nonprofit selling the tags
would be required within 30 days of the date of the sale to send
DFW a check for 95% of the total auction sale price of the tag,
with an itemized receipt showing the sale price and the 5%
reduction retained by the nonprofit as a vendor's fee. As
passed by the Assembly, this bill also clarified that if the
buyer of the tag paid with a credit card, the nonprofit could
also deduct the amount of the credit card fee from the selling
price, provided a documented accounting of the fee was provided.
The fee for a tag to take a Nelson bighorn ram was also set at
$400 for a resident of the state, adjusted annually to reflect
changes in the Implicit Price Deflator, and the FGC was required
by July 1, 2015, to fix the fee for a nonresident tag, by
regulation, at not less than $1,500, which fee would also be
adjusted annually to reflect changes in the Implicit Price
AB 2105
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Deflator.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill concerns the vendor fee that may be
retained by a nonprofit hunting organization that is authorized
by DFW to conduct an auction for the sale of big game hunting
tags. The nonprofit would be allowed to retain 5% of the sales
price as a reasonable vendor fee to cover administrative costs.
The main difference between the Senate version and the version
adopted by the Assembly is that the Assembly version allowed the
nonprofit to also retain an additional amount to cover any
credit card processing fee if the tag was purchased with a
credit card. The Senate amendments delete that authorization,
thereby requiring that the credit card fee, if any, be included
in the 5% vendor fee. The Senate amendments also made changes
to the uncodified legislative findings and declarations in this
bill.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0004254