Amended in Senate April 22, 2014

Amended in Senate April 21, 2014

Senate BillNo. 1434


Introduced by Senator Wolk

February 21, 2014


An act to addbegin delete Sectionend deletebegin insert Sectionsend insert 711.1begin insert and 3702.1end insert to the Fish and Game Code, relating to fish and wildlife.

LEGISLATIVE COUNSEL’S DIGEST

SB 1434, as amended, Wolk. Funding of fish and wildlifebegin delete programs.end deletebegin insert programs: State Duck Stamp Account advisory committee.end insert

begin delete

Existing

end delete

begin insert(1)end insertbegin insertend insertbegin insertExistingend insert 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, administered by 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 the expenditure of all federal grant moneys made available to the state under the federal act to be consistent with that act. The bill wouldbegin delete declare the Legislature’s intent that the legislative findings described above shall apply to the federal act andend deletebegin insert requireend insert that the moneys expended under the act 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 regardingbegin delete anyend deletebegin insert a relevantend insert project funded by the federal act.

begin insert

(2) Under existing law, funds derived from state duck hunting validations, state duck stamps, and certain related items are required to be deposited in the State Duck Stamp Account in the Fish and Game Preservation Fund. Existing law provides that moneys in the account are to be used, among other things, for projects or endowments approved by the Fish and Game Commission for the purpose of protecting, preserving, restoring, enhancing, and developing migratory waterfowl breeding and wintering habitat, evaluating habitat projects, and conducting waterfowl resource assessments and other waterfowl related research.

end insert
begin insert

This bill would require an advisory committee, as determined by the department, to review and provide comments to the department on all proposed projects funded by the State Duck Stamp Account to help ensure that specified requirements pertaining to the State Duck Stamp Account have been met.

end insert

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:

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711.1.  

(a) The expenditure of all federal grant moneys made
2available to the state pursuant to the Federal Aid in Wildlife
3Restoration Act (16 U.S.C. Sec. 669 et seq.) shall be consistent
4with that act.begin delete It is the intent of the Legislature that the legislative
5findings expressed in paragraph (3) of subdivision (a) of Section
6711 shall apply to this subdivision.end delete

7(b) The expenditure of the moneys described in subdivision (a)
8shall fulfill one or more of the following purposes:

9(1) Management of the department’s wildlife areas or other
10lands open to the public for hunting and other public priority uses
11listed in paragraph (1) of subdivision (d) of Section 1745.

12(2) Conservation of, or scientific research concerning,begin delete game
13species.end delete
begin insert wildlife.end insert

14(3) Support of the department’s hunting-related programs,
15including hunterbegin delete educationend deletebegin insert education, public access,end insert and target
16shooting.

17(c) The department shall post a brief description of projects or
18programs funded by moneys received pursuant to the Federal Aid
19in Wildlife Restoration Act on its Internet Web site. The description
20shall include information about the budget of each project or
21program.

22(d) The department shall consult withbegin insert any ofend insert the advisory
23committees established pursuant to Sectionsbegin delete 3684end deletebegin insert 3684, 3702.1,end insert
24 and 3953 regardingbegin delete anyend deletebegin insert aend insert project funded by the Federal Aid in
25Wildlife Restoration Actbegin insert that is relevant to the committee or
26committeesend insert
.

27begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 3702.1 is added to the end insertbegin insertFish and Game Codeend insertbegin insert,
28to read:end insert

begin insert
29

begin insert3702.1.end insert  

An advisory committee, as determined by the
30department, that includes interested nonprofit organizations that
31have goals and objectives directly related to the management and
32conservation of waterfowl species and primarily represent the
33interests of persons licensed pursuant to Section 3031 shall review
34and provide comments to the department on all proposed projects
35funded from the State Duck Stamp Account to help ensure that the
36requirements of Sections 3702, 3703, and 3704 have been met.

end insert


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