BILL ANALYSIS
SB 589
Page 1
SENATE THIRD READING
SB 589 (Harman)
As Amended June 11, 2009
Majority vote
SENATE VOTE :34-0
WATER, PARKS & WILDLIFE 12-0
APPROPRIATIONS 15-0
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|Ayes:|Huffman, Fuller, |Ayes:|De Leon, Nielsen, |
| |Arambula, | |Ammiano, Coto, Davis, |
| |Tom Berryhill, | |Duvall, Fuentes, Hall, |
| |Blumenfield, Caballero, | |Harkey, Miller, John A. |
| |Fletcher, Krekorian, | |Perez, Skinner, Solorio, |
| |Bonnie Lowenthal, John A. | |Audra Strickland, |
| |Perez, Salas, Yamada | |Torlakson |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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 (UGBA) within the
FGPF, and requires that all funds from the sale of upland game
bird validations and stamps be deposited in the UGBA to permit
separate accountability for the funds. Requires that funds in
the UGBA 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.
2)Authorizes DFG to use funds in the UGBA 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
UGBA.
3)Establishes a Big Game Management Account (BGMA) within the
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FGPF, and requires that all revenues from the sale of
antelope, elk, deer, wild pig, bear, and sheep tags be
deposited in the BGMA to permit separate accountability for
the funds. Requires that funds in the BGMA 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.
4)Authorizes DFG to use funds in the BGMA 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 BGMA.
5)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 requires:
1)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)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)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
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subaccounts within the FGPF.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor, absorbable one-time costs to establish UGBA
and BGMA (FGPF). Redirection of approximately $9.5 million from
the FGPF to the two accounts created by this bill, with about $8
million to the BGMA and about $1.5 million to the UGBA. Minor
ongoing costs to DFG, likely less than $50,000 annually, to
administer funds and maintain required fund information on its
Web site (FGPF).
COMMENTS : This bill establishes a new consolidated BGMA within
the FGPF. Proceeds from the sale of tags to hunt antelope, elk,
deer, wild pig, bear and sheep would be deposited in the BGMA
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 BGMA, and to provide for
greater flexibility by allowing the pooling and use of these
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 UGBA. 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, but does not
specifically require that the funds be kept in a separate UGBA.
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.
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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 assert 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. Supporters cite to 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. According
to the LAO, DFG has taken steps since that report was released
to address those problems and to provide better accounting.
Supporters believe 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 used to benefit all game species.
The Department of Finance opposed the prior version of this bill
because it did not appear to allow account funds to be used for
indirect administration costs such as accounting and information
technology support. The author has taken amendments to address
those concerns. Born Free USA opposes this bill because fees
deposited into the accounts would be used for hunting
opportunities.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0001766