BILL ANALYSIS
AB 1052
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Date of Hearing: April 29, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1052 (Caballero) - As Introduced: February 27, 2009
Policy Committee: WPW Vote:12-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill repeals the sunset authorizing expenditures funds from
the Bay-Delta Sport Fishing Enhancement Stamp Account (stamp
account) and the Stamp Advisory Committee, and deletes
provisions requiring purchase of the Bay-Delta Sport Fishing
Enhancement Stamp. Specifically, this bill:
1)Repeals existing law that sunsets authorization to expend
funds from the stamp account for projects that benefit
Bay-Delta sport fisheries and that provide for the advisory
committee.
2)Retains provisions that sunset, as of January 1, 2010, the
requirement to purchase a Bay-Delta Sport Fishing Enhancement
(BDSFE) Stamp in order to fish in the Delta and other
specified areas.
3)Requires the Department of Fish and Game (DFG), in
consultation with the advisory committee, to implement
recommendations made in a State Auditor's audit of the stamp
program.
4)Requires DFG to report to the Legislature on compliance with
this bill and on its plan to expend stamp account revenues.
FISCAL EFFECT
1)Continued expenditure of $7 million remaining in the stamp
account, beyond the current sunset date of January 1, 2010,
that otherwise may revert to the General Fund or to some other
fund for the benefit of fish and game.
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2)Minor, absorbable costs to DFG to report to Legislature on
compliance with this bill.
COMMENTS
1)Rationale. The author's intent is to ensure that DFG
implements the recommendations made in a state auditor's
report of the fish stamp program. In addition, the author
wants to repeal the sunset date authorizing the expenditure of
funds in the stamp account to ensure there is the opportunity
to expend the $7 million remaining in the account on projects
that benefit Delta sport fish populations. The author further
believes it is inappropriate to continue to collect the stamp
fees absent a departmental plan to expend stamp account funds
on projects that benefit Delta sport fisheries.
2)Background. The BDSFE Stamp replaced the prior Striped Bass
Stamp in 2003. Sales of the stamp have generated over $8
million dollars of revenue intended for use on projects for
the long-term sustainable benefit of Bay-Delta sport
fisheries.
Current law requires, until January 1, 2010, the purchase of a
BDSFE Stamp to 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. Revenue from sale of the stamps is
deposited in a separate account within the Fish and Game
Preservation Fund to be spent for the long-term sustainable
benefit of the primary Bay-Delta sport fisheries.
Current law also requires the director of DFG to appoint a
Bay-Delta Sport Fishing Enhancement Stamp Fund Advisory
Committee consisting of nine members representing Bay-Delta
anglers. The advisory committee makes recommendations to DFG
about projects and budgets.
3)State Audit. In October of 2008, the State Auditor released
the results of an audit of DFG's administration of the BDSFE
Stamp program. Among other criticisms, the auditor stated that
DFG has made limited use of money collected from the BDSFE
Stamp, and that DFG and the advisory committee have been slow
to identify and approve projects. As a result, the program
account had a balance of $7, with just over $8 million
collected. In addition, the auditor faulted DFG's accounting
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practices and found its reports to the advisory committee to
be incomplete. Finally, the auditor found that, during fiscal
years 2005-06 through 2007-08, DFG spent an estimated $201,000
in stamp funds to pay costs unrelated to fish stamp program.
The state auditor made a number of recommendations for
administration of the fish stamp program consistent with the
requirements of this bill.
The Director of DFG, in a written statement, agreed with many
of the state auditor's findings and indicated that the
department was in the process of implementing needed changes.
It is unclear whether these changes have yet been implemented.
4)Disposition of Funds. Government Code Section 16346 states
that, absent language that identifies a successor fund, any
balance remaining in the Fish and Game Preservation Fund
(FGPF) upon abolishment shall be transferred to the General
Fund. The stamp account is a subaccount of the FGPF;
presumably, funds in the stamp account would revert to the
General Fund upon sunset of the provisions creating the stamp
account.
However, the Government Code seems to be in conflict with
Article XVI, Section 99 of the Constitution, which provides
that money collected under any state law relating to the
protection or propagation of fish and game shall be used for
those purposes. It is unclear, therefore, which account would
receive the funds remaining in the stamp account should the
existing sunset provisions take effect.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081