BILL NUMBER: AB 1052 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 17, 2009
INTRODUCED BY Assembly Member Caballero
FEBRUARY 27, 2009
An act to amend Section 7360 of, and to repeal and add Section
7363 of, the Fish and Game Code, relating to sport fishing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1052, as amended, Caballero. Bay-Delta Sport Fishing
Enhancement Stamp.
Existing law prohibits a person from sport fishing in the tidal
waters of the San Francisco Bay Delta and the main stem of the
Sacramento and San Joaquin Rivers, including major tributaries, below
the most downstream dam, unless he or she first obtains a Bay-Delta
Sport Fishing Enhancement Stamp or validation and affixes that stamp
or validation to a valid sport fishing license. Existing law requires
the Department of Fish and Game or an authorized license agent to
issue a Bay-Delta Sport Fishing Enhancement Stamp or validation upon
payment of a prescribed fee. Existing law requires the funds
generated by the imposition of these fees to be deposited in a
separate account in the Fish and Game Preservation Fund, to be used
solely for the long-term, sustainable benefit of the primary
Bay-Delta sport fisheries, as specified. Existing law requires the
director to appoint a 9 member Bay-Delta Sport Fishing Enhancement
Stamp Fund Advisory Committee to recommend to the department projects
and budgets for the expenditure of fee revenue. Those provisions are
repealed as of January 1, 2010.
This bill would delete that repeal, and, instead, make the stamp
or validation requirement inoperative as of January 1, 2010
2015 . The bill would require the department to
implement various provisions related to expenditures from the
account, and by an unspecified date January 1,
2011 , to prepare and submit to the Legislature a report on
the steps taken by the department to comply with those provisions.
The bill would require the department, in consultation with the
advisory committee, to determine appropriate projects for expenditure
of the balance of funds in the account, as prescribed. The bill
would prohibit expenditures from the account for a projec
t unless the department and a majority of the members of the
advisory committee approve the expenditure.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7360 of the Fish and Game Code is amended to
read:
7360. (a) A person shall not sport fish in the tidal waters of
the San Francisco Bay Delta and the main stem of the Sacramento and
San Joaquin Rivers, including major tributaries, below the most
downstream dam, unless he or she first obtains, in addition to a
valid California sport fishing license and any applicable stamp or
validation issued pursuant to Section 7149 or 7149.05, a Bay-Delta
Sport Fishing Enhancement Stamp or validation and affixes that stamp
or validation to his or her valid California sport fishing license.
Any person issued a sport fishing license pursuant to paragraph (4)
or (5) of subdivision (a) of Section 7149 or paragraph (4) or (5) of
subdivision (a) of Section 7149.05 is not subject to this division.
(b) The commission may modify, by regulation, the geographic
parameters specified in subdivision (a).
(c) The department or an authorized license agent shall issue a
Bay-Delta Sport Fishing Enhancement Stamp or validation upon payment
of a base fee of five dollars ($5), in the 2004 license year, which
shall be adjusted annually thereafter pursuant to Section 713.
(d) This section is inoperative on and after January 1,
2010 2015 .
SEC. 2. Section 7363 of the Fish and Game Code is repealed.
SEC. 3. Section 7363 is added to the Fish and Game Code, to read:
7363. (a) The department shall do all of the following:
(1) In consultation with the advisory committee, develop a
spending plan that focuses on identifying and funding viable projects
and monitoring revenues to assist the department in effectively
expending available stamp revenues.
(2) Track and report the costs of projects funded pursuant to this
article by doing both of the following:
(A) Improve the tracking of individual project expenditures by
assigning a separate account to each project within the department's
accounting system.
(B) Require a project manager to approve all expenditures directly
related to the manager's projects, periodically reconcile records
for each project with accounting records, and report expenditures to
staff responsible for preparing advisory committee reports.
(3) (A) Annually provide the advisory committee with a written
report containing all of the following information:
(i) Actual project expenditures.
(ii) Detailed information on the status of each project
(iii) Total administrative expenditures.
(B) The department shall ensure the accuracy of the information
described in subparagraph (A).
(4) Reimburse the department's general fund appropriation for any
lease payment charged to the department's general fund appropriation
on or before January 1, 2010, 2015 that
was eligible to be paid from the account established in Section
7361.
(5) Ensure that employees of the department appropriately charge
their time to projects funded pursuant to this article by providing
guidelines to employees concerning when to charge activities to the
account established in Section 7361.
(b) The department shall not charge payroll costs to the account
established in Section 7361 for employee activities that are not
related to the implementation of this article. The department shall
determine whether any other expenditure has been inappropriately
charged to the account established in Section 7361 and shall make all
necessary accounting adjustments.
(c) By ____ January 1, 2011 , the
department shall prepare and submit to the Legislature a report on
the steps taken by the department to comply with subdivisions (a) and
(b), including, but not limited to, a plan for expenditure of
available stamp revenues.
(d) In consultation with the advisory committee appointed pursuant
to Section 7362, the department shall determine appropriate projects
for expenditure of the balance of funds in the account established
in Section 7361 that will provide for long-term, sustainable benefit
to Bay-Delta sport fisheries, including, but not limited to, salmon,
and that are consistent with the purposes described in Section 7361.
(e) Moneys in the account established in Section 7361 shall not be
expended for a project unless the expenditure has been approved by
both the department and a majority of the members of the advisory
committee.