BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 589
                                                                  Page  1

          Date of Hearing:   July 1, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                    SB 589 (Harman) - As Amended:  June 11, 2009 

          Policy Committee:                              Water, Parks and  
          Wildlife     Vote:                            12-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill would establish two new accounts within the Fish and  
          Game Preservation Fund (FGPF): the Upland Game Bird Preservation  
          Account and the Big Game Management Account.  Specifically, this  
          bill:

          1)Establishes the Upland Game Bird Preservation Account (UGBPA)  
            within the FGPF to receive all funds from the sale of upland  
            game bird hunting validations and stamps.

          2)Establishes the Big Game Management Account (BGMA) within the  
            FGPF to receive all funds from the sale of tags for the  
            hunting of antelope, elk, deer, wild pig, bear and sheep.

          3)Requires the Department of Fish and Game (DFG) to use the  
            funds deposited into the UPBPA or the BGMA solely for  
            acquisitions, projects, and programs to benefit upland game  
            birds or big game, respectively, as well as reasonable  
            administrative and enforcement costs.

          4)Directs an UGBPA advisory committee and a BGMA advisory  
            committee to advise DFG on expenditures from the corresponding  
            account. 

          5)Requires the DFG to maintain on its Web site information on  
            projects funded from each account.

          6)Requires DFG to post on its Web site and include in the annual  
            State Budget fund condition statements for each account.

           FISCAL EFFECT  








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          1)Minor, absorbable one-time costs to establish UGBPA and BGMA.   
            (FGPF.)

          2)Redirection of approximately $9.5 million from the FGPF to the  
            two subaccounts created by this bill-about $8 million to the  
            BGMA and about $1.5 million to the UGBPA.  The department  
            indicates that creation of these subaccounts will not limit  
            its ability to manage the funds deposited into those accounts.

          3)Minor ongoing costs to DFG, likely less than $50,000 annually,  
            to administer funds and maintain required fund information on  
            its Web site.  (FGPF.)








































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           COMMENTS  

           1)Rationale  .  The author contends this bill will allow greater  
            transparency, accountability and oversight to ensure that  
            hunting license tag and stamp funds are used to benefit game  
            species and their habitats.

           2)Background  .  

              a)   Regulation of Hunting  .  Existing law establishes hunting  
               seasons, bag limits, and other restrictions on hunting game  
               in California, including the requirement that hunters  
               obtain a seasonal hunting license. In addition, hunters may  
               be required to purchase tags to permit the hunting of  
               specific animals, such as deer, elk, bear, wild pigs,  
               antelope, bighorn sheep, and upland game birds.  Revenue  
               from the sale of these licenses and tags is deposited in  
               the FGPF and is available for expenditure, upon  
               appropriation, for projects that benefit the animals from  
               which the funds were generated.  For example, DFG may  
               expend revenue from the sale of elk hunting tags for  
               projects that specifically benefit elk populations.

              b)   History of Concern with Management of Fish and Game  
               Preservation Fund.   In 2005, a state audit on DFG's  
               administration of the FGPF criticized the department's use  
               of those funds to cover deficits in other funds.   
               Similarly, in 2006, the Legislative Analyst's Office (LAO)  
               found "inappropriate budgeting practices" in regard to  
               DFG's management of the FGPF, including inappropriately  
               shifting money within the FGPF to cover deficits within the  
               fund and failing to provide key budget information to the  
               Legislature.

           3)Related Legislation.   SB 1535 (Kuehl, Chapter 667, Statutes of  
            2006) adopted a number of recommendations made by the LAO in  
            its review of DFG's management of the FGPF, including  
            requiring the Secretary for Resources to annually report on  
            the fund conditions accounts of the FGPF as part of the annual  
            budget process.

           4)Supporters  , including several hunting and game organizations,  
            as well as the California Council of Land Trusts, contend this  
            bill continues recent efforts to ensure that revenues from the  
            sale of hunting licenses and tags are used for game habitat  








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            improvements and conservation activities.  In addition,  
            supporters assert that combining revenues from the sale of  
            tags for a variety of game species allow DFG more flexibility  
            to undertake projects that provide broad habitat benefits.

           5)Opponents  , who object to hunting in general, object to the  
            bill because it dedicates funding to habitat for hunting.  The  
            Department of Finance (DOF) objected to an earlier version of  
            this bill that did not explicitly allow account funds to be  
            used for indirect administration, such as accounting and  
            information technology support.  The author took amendments  
            that appear to have addressed DOF's concerns; however, because  
            DOF has not completed its analysis of the current version of  
            the bill, it is unclear whether DOF remains opposed to the  
            bill.

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081