BILL NUMBER: AB 1052 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2009
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 to amend, renumber, and add Section 7362
of, to add Section 7364 to, and to repeal 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repealed as of January 1, 2010.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, 2015
2012 . The bill would require the department to
implement various provisions related to expenditures from the account
, and by 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 develop a grant program ,
as prescribed. The bill would prohibit expenditures from the
account for a project unless the department and a majority of the
members of the advisory committee approve the expenditure.
The department would be required to post on its Internet Web
site projects undertaken with funds from the account.
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,
2015 2012 .
SEC. 2. Section 7362 of the
Fish and Game Code , as amended by Section 1 of Chapter
637 of the Statutes of 2008, is amended and renumbered to read:
7362. 7363. (a) The director shall
appoint a Bay-Delta Sport Fishing Enhancement Stamp Fund Advisory
Committee, consisting of nine members. The committee members shall be
selected from names of persons submitted by anglers and associations
representing Bay-Delta anglers of this state and shall serve at the
discretion of the director for terms of not more than four years. The
director shall appoint persons to the committee who possess
experience in subjects with specific value to the committee and shall
attempt to balance the perspective of different anglers.
(b) The advisory committee shall recommend to the department
projects and budgets for the expenditure of revenue received pursuant
to Section 7360. The department shall give full consideration to the
committee's recommendations.
(c) The department shall submit to the advisory committee and the
Chief Clerk of the Assembly and the Secretary of the Senate for
distribution to the appropriate fiscal and policy committees of the
Legislature, at least annually, on or before January 10 of each year,
an accounting of funds derived from the Bay-Delta Sport Fishing
Enhancement Stamps and validations, including the number of stamps
and validations sold, funds generated and expended, and
administrative expenditures, and the status of programs funded
pursuant to this article. In addition, the department shall report,
at least annually, to the committee on the status of projects
undertaken with funds from that stamp or validation, including
reporting the department's reasoning in cases where committee
recommendations are not followed.
(d) The department shall post on its Internet Web site projects
undertaken with funds from the account established in Section 7361.
At a minimum, the Internet Web site shall list the project title,
applicant, a brief description of the project, the amount approved,
and the project's status.
SEC. 3. Section 7362 is added to the
Fish and Game Code , to read:
7362. (a) The department, in consultation with the advisory
committee created pursuant to Section 7363, shall develop a grant
program to support activities consistent with Section 7361.
(b) The department, in consultation with the advisory committee,
shall develop priority areas for funding under the grant program. The
department shall give the advisory committee 10 days to review any
draft public solicitation notice before that notice is finalized and
released to the public.
(c) The advisory committee shall assist the department in
providing outreach to encourage wide participation in the grant
program.
(d) The department shall provide the advisory committee a copy of
all grant applications. The advisory committee shall have a minimum
of 30 days to review projects and provide recommendations to the
department.
SEC. 2. SEC. 4. Section 7363 of the
Fish and Game Code is repealed.
SEC. 3. SEC. 5. Section
7363 7364 is added to the Fish and Game Code, to
read:
7363. 7364. (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 in a manner consistent with
the purposes described in Section 7361. The spending plan shall be
completed by January 31, 2010. Upon completion, a copy of the
spending plan shall be provided to the Legislature .
(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)
(3) Reimburse the department's general fund
appropriation for any lease payment charged to the department's
general fund appropriation on or before January 1, 2015
2010 that was eligible to be paid from the
account established in Section 7361.
(5)
(4) 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.