BILL ANALYSIS
SB 589
Page 1
Date of Hearing: June 16, 2009
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
SB 589 (Harman) - As Amended: June 11, 2009
SENATE VOTE : 34-0
SUBJECT : Game Hunting
SUMMARY : Establishes an Upland Game Bird Account and a Big
Game Management Account within the Fish and Game Preservation
Fund (FGPF). Specifically, this bill :
1)Establishes an Upland Game Bird Account within the FGPF, and
requires that all funds from the sale of upland game bird
validations and stamps be deposited in the account to permit
separate accountability for the funds. Requires that these
funds be available for expenditure upon appropriation of the
Legislature to the Department of Fish and Game (DFG) solely
for acquisitions, projects and programs to benefit upland game
bird species and related public hunting opportunities and
public outreach. Authorizes DFG to also use these funds for
contracts or grants to nonprofit organizations for habitat
projects, and for related reasonable administrative and
enforcement costs. Requires an advisory committee to review
and provide comments to DFG on proposed projects, and requires
DFG to post information on its Web site on all projects funded
from the account.
2)Establishes a Big Game Management Account within the FGPF, and
requires that all revenues from the sale of antelope, elk,
deer, wild pig, bear, and sheep tags be deposited in the
account to permit separate accountability for the funds.
Requires that these funds be available for expenditure upon
appropriation of the Legislature to DFG solely for
acquisitions, projects and programs to benefit antelope, elk,
deer, wild pigs, bear, and sheep, and public hunting
opportunities and related public outreach. Authorizes DFG to
also use these funds for contracts or grants to nonprofit
organizations for related conservation projects, and for
related reasonable administrative and enforcement costs.
Requires an advisory committee to review and provide comments
to DFG on proposed projects, and requires DFG to post
information on its Web site on all projects funded from the
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account.
3)Requires DFG to maintain on its Web site, and to include in
the annual State Budget, a fund condition statement that
displays information on the condition of revenues and
expenditures both for dedicated and nondedicated revenue
sources.
EXISTING LAW :
1)Requires that revenues from the sale of upland game bird
stamps and hunting validations be deposited in the FGPF and
used to benefit upland game bird species and for related
hunting opportunities and public outreach. Requires DFG to
maintain internal accountability necessary to ensure
restrictions and requirements for expenditure of these funds
are met.
2)Requires that revenues from the sale of tags for the taking of
antelope, elk, deer, wild pig, bear and sheep be deposited in
the FGPF, and requires that revenues from the sales of tags
for each game species, with some exceptions, be used only for
programs related to that game species. Revenues from the sale
of deer tags are continuously appropriated for deer herd
management.
3)Requires the director of DFG and the Secretary of the
Resources Agency, with DFG's annual budget submittal to the
Legislature, to submit a report on the fund condition for all
accounts and subaccounts within the FGPF.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill establishes a new consolidated Big Game
Management Account within the FGPF. Proceeds from the sale of
tags to hunt antelope, elk, deer, wild pig, bear and sheep would
be deposited in the account and available, upon appropriation,
for use for programs benefiting these species. Currently,
revenue from each of these game species tag sales is deposited
in the FGPF, but the law requires that revenues from the sale of
tags for each species be used for expenditures related only to
that species. The aim of this bill is to both provide for
better accounting by requiring that the funds go into a
consolidated Big Game Management Account, and to provide for
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greater flexibility by allowing the pooling of these revenues
and use of the revenues on projects of benefit to more than just
one species. This bill also authorizes DFG to use the funds for
grants to nonprofits for related conservation projects, and
provides for an advisory committee to advise DFG on projects.
This bill also creates in statute an Upland Game Bird Account.
Current law requires that DFG maintain internal accountability
necessary to ensure that funds from the sale of upland game bird
stamps are used for programs, projects and acquisitions to
benefit upland game bird species and related hunting
opportunities and public outreach, but does not specifically
require that the funds be kept in a separate Upland Game Bird
Account. This bill also authorizes funds in the account to be
used for grants to nonprofit organizations for habitat projects,
and provides for an advisory committee to advise DFG on
projects.
Finally, this bill builds on existing law, which currently
requires DFG to report on the fund condition of all accounts and
subaccounts within the FGPF, by also requiring that DFG maintain
on its Web site and in the annual State Budget, a condition
statement showing revenues and expenditures for both dedicated
and nondedicated accounts.
The author states that this bill has been introduced to provide
greater transparency, government accountability and oversight,
and to ensure that hunting license tag and stamp funds are used
to benefit game species and their habitats.
Supporters state this bill will provide oversight to ensure that
revenues generated through hunting license tag and stamp sales
are spent for conservation of game species and their habitats.
They cite a 2006 Legislative Analyst's Office (LAO) report which
found that DFG had been addressing shortfalls in certain
accounts within the FGPF by shifting funds to other accounts,
and as a result some dedicated funds were being used for
purposes not authorized by statute. It should be noted that
the LAO has since indicated that DFG has taken steps to address
those problems and to provide better accounting. Supporters
assert this bill will help to more fully address this problem
over the long-term, and ensure the funds are used for their
intended purposes by requiring DFG to consult with nonprofit
groups on proposed projects, while also giving DFG greater
flexibility by consolidating funds and allowing revenues to be
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used to benefit all game species.
Arguments in Opposition: The Department of Finance (DOF)
opposed the prior version of this bill because it did not appear
to allow account funds to be used for indirect administration
such as accounting and information technology support. The
author has taken amendments to address these concerns but it is
unclear whether the amendments have removed their opposition.
Born Free USA opposes this bill because fees deposited into the
accounts would be used for hunting opportunities.
REGISTERED SUPPORT / OPPOSITION :
Support
California Outdoor Heritage Alliance (sponsor)
California Chapter Foundation of North American Wild Sheep
California Council of Land Trusts
California Rifle and Pistol Association
California Waterfowl Association
Lower Sherman Island Duck Hunter's Association
Safari Club International
The Mule Deer Foundation
Opposition
Born Free USA
Department of Finance (to prior version)
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096