BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1473|
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CONSENT
Bill No: SB 1473
Author: Committee on Natural Resources and Water
Amended: 3/30/16
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 4/12/16
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson,
Monning, Vidak, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Natural resources
SOURCE: Author
DIGEST: This bill makes technical changes to the Fish and Game
Code based on recommendations submitted by the California Law
Revision Commission. This bill also repeals an outdated statute
granting public trust lands to the County of Los Angeles.
ANALYSIS:
Existing law:
1)Provides that the Fish and Game Code sets out the laws
concerning fish and wildlife in California, including laws
regarding the conservation and management of fish and wildlife
resources, and laws governing the recreational and commercial
take of game and nongame species in the state.
2)Specifies the duties, responsibilities and authorities of the
Department of Fish and Wildlife and the Fish and Game
Commission (Commission) with regard to implementation of the
Fish and Game Code requirements.
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3)Grants public trust lands to the County of Los Angeles under
specific conditions, including submitting a land use plan to
the State Lands Commission (SLC).
This bill:
1)Makes numerous technical, nonsubstantive changes to the Fish
and Game Code based on recommendations from the California Law
Revision Commission (CLRC), including:
a) Generalizing the procedural provisions to expressly
apply to all Commission regulation of take and possession
of wild animals, excepting only subject matter the
Legislature has expressly excluded from the application of
those provisions;
b) Modernizing the statutes governing Commission rulemaking
at public meetings to make them consistent with the
Commission's current practice and APA requirements;
c) Repealing obsolete provisions (Fish and Game Code §
250); and
d) Making conforming revisions to accommodate the
reorganization.
2)Repeals Chapter 1700 of the Statutes of 1967, which granted
specific public trust lands to the County of Los Angeles
provided, among other conditions, that the County submit a
land use plan to the SLC.
Background
Rationale for the changes to the Fish and Game Code. The CLRC
is preparing draft legislation to recodify the Fish and Game
Code, in order to improve its organization and clarity, remove
obsolete or redundant material, and correct technical errors.
Because that work will involve the reorganization of the entire
code, the recodification legislation will not be ready for
presentation to the Legislature until the study is completed.
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However, some beneficial changes can be made more quickly. As
the larger study proceeds, the CLRC will make note of technical
corrections and minor substantive improvements that can be made
to the existing code, without waiting for completion of the
entire study. Such improvements will be periodically compiled
into recommendations for submission to the Legislature.
This recommendation is the second such proposal. It proposes a
largely non- substantive modernization and reorganization of
provisions of the Fish and Game Code relating to the regulatory
authority of the Commission.
Repealing outdated public trust lands grant. In 1967, the
California Legislature conditionally granted public trust lands
to the County of Los Angeles. To be operative, the grantee was
required to submit a land use plan to the SLC for approval. The
land use plan was not submitted and the land reverted back to
the State. It is currently under the SLC's jurisdiction. Senate
Natural Resources and Water Committee staff recommend sponsoring
legislation to repeal the granting statue to clarify
jurisdiction and lessen confusion when projects are proposed on
the land.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified4/25/16)
None received
OPPOSITION: (Verified4/25/16)
None received
Prepared by:Matthew Dumlao / N.R. & W. / (916) 651-4116
SB 1473
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