Amended in Senate April 21, 2014

Senate BillNo. 1434


Introduced by Senator Wolk

February 21, 2014


An act to add Section 711.1 to the Fish and Game Code, relating to fish and wildlife.

LEGISLATIVE COUNSEL’S DIGEST

SB 1434, as amended, Wolk. Funding of fish and wildlife programs.

Existing federal law imposes a sales tax on the sale of bows and arrows, ammunition, and certain firearms. Existing federal law, the Federal Aid in Wildlife Restoration Act, makes certain revenues collected from those taxes available to the states by requiring the Secretary of the Interior to apportion an amount available to each state according to a specified formula. The federal act authorizes a state, through its fish and wildlife department, to submit programs or projects for wildlife restoration and hunter safety education to the Secretary of the Interior for funding of up to 75% of the cost of those programs or projects from the amount apportioned to the state.

Existing law establishes the Department of Fish and Wildlife in the Natural Resources Agency, administeredbegin delete throughend deletebegin insert byend insert the Director of Fish and Wildlife. Existing law requires the department, with approval of the Fish and Game Commission, to perform acts as may be necessary to the conduct and establishment of cooperative wildlife-restoration projects, in compliance with the federal act and regulations adopted pursuant to the federal act. Under existing law, the Legislature has made findings that the costs of hunting programs shall be provided out of hunting revenues, reimbursements, and federal funds received for hunting programs, and from other funds appropriated by the Legislature for this purpose. The Legislature has also made findings that these revenues, reimbursements, and federal funds shall not be used to support commercial fishing programs, free hunting and fishing license programs, or nongame fish and wildlife programs.

This bill would require thebegin delete department to only apply for grant fundsend deletebegin insert expenditure of all federal grant moneys madeend insert available to the state under the federal act tobegin delete fund eligible projects that areend deletebegin insert beend insert consistent withbegin insert that act. The bill would declare the Legislature’s intent thatend insert the legislative findings described abovebegin delete and thatend deletebegin insert shall apply to the federal act and that the moneys expended under the actend insert fulfill one or more specified purposes. The bill would require the department to post a brief description of projects funded by moneys received from the federal act on its Internet Web site. The bill would require the department to consult with specified hunting advisory committees regarding any project funded by the federal act.begin delete The bill would prohibit any executive action from limiting statutory or other applicable authorizations for which the department receives funding exclusively from non-General Fund sources.end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 711.1 is added to the Fish and Game
2Code
, to read:

3

711.1.  

(a) Thebegin delete department shall only apply for grant fundsend delete
4begin insert expenditure of all federal grant moneys madeend insert available to the state
5pursuant to the Federal Aid in Wildlife Restoration Act (16 U.S.C.
6Sec. 669 et seq.) begin deleteto fund eligible projects under the act that areend delete
7begin insert shall beend insert consistent withbegin delete the legislative findingend deletebegin insert that act. It is the
8intent of the Legislature that the legislative findingsend insert
expressed in
9paragraph (3) of subdivision (a) of Section 711begin delete and that fulfill one
10or more of the following purposes:end delete
begin insert shall apply to this subdivision.end insert

begin insert

11(b) The expenditure of the moneys described in subdivision (a)
12shall fulfill one or more of the following purposes:

end insert

13(1) Management of the department’s wildlife areas or other
14lands open to the public for huntingbegin delete, or bothend deletebegin insert and other public
15priority uses listed in paragraph (1) of subdivision (d) of Section
161745end insert
.

P3    1(2) Conservation ofbegin insert, or scientific research concerning,end insert game
2species.

3(3) Support of the department’s hunting-related programs,
4including hunter education and target shooting.

begin delete

5(b)

end delete

6begin insert(c)end insert The department shall post a brief description of projects or
7programs funded by moneys received pursuant to the Federal Aid
8in Wildlife Restoration Act on its Internet Web site. The description
9shall include information about the budget of each project or
10program.

begin delete

11(c)

end delete

12begin insert(d)end insert The department shall consult with the advisory committees
13established pursuant to Sections 3684 and 3953 regarding any
14project funded by the Federal Aid in Wildlife Restoration Act.

begin delete

15(d) No executive action shall limit statutory and other applicable
16authorizations for which the department receives funding
17exclusively from non-General Fund sources.

end delete


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