BILL ANALYSIS
SB 1058
Page 1
Date of Hearing: June 15, 2010
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
SB 1058 (Harman) - As Amended: April 20, 2010
SENATE VOTE : 33-0
SUBJECT : 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 (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, to expand public hunting
opportunities, and for related public outreach.
2) Further provides that expenditures from the UGBA shall
include but not be limited to, trapping and relocating upland
game birds, establishing food plots, and enhancing upland game
bird habitat.
3) Authorizes DFG to use funds in the UGBA for contracts or
grants to nonprofit organizations, and for related reasonable
administrative and enforcement costs. Requires an advisory
committee, composed of nonprofit organizations representing
licensed hunters, to review and provide comments to DFG on all
proposed projects, and requires DFG to post information on its
Web site on all projects funded from the UGBA.
4) Establishes a Big Game Management Account (BGMA) 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 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, to expand
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public hunting opportunities, and for related public outreach.
5)Authorizes DFG to use funds in the BGMA for contracts or
grants to nonprofit organizations, and for related reasonable
administrative and enforcement costs. Requires an advisory
committee, composed of nonprofits representing licensed
hunters, to review and provide comments to DFG on all proposed
projects, and requires DFG to post information on its Web site
on all projects funded from the BGMA.
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
Natural 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 : Unknown
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
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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, and requires an advisory committee, composed of
nonprofits representing licensed hunters, to advise DFG on all
proposed project expenditures.
This bill also creates in statute an UGBA. Current law requires
DFG to maintain the 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, and requires an advisory
committee, composed of nonprofits representing licensed hunters,
to advise DFG on all proposed project expenditures.
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 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.
Related Legislation : This bill is substantially similar to SB
589 (Harman) of 2009 which was vetoed by the Governor, with a
couple of substantive differences. The Governor's veto message
on SB 589 stated:
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"This bill would establish two new dedicated accounts
within the Fish
and Game Preservation Fund; one for the deposit of revenues
generated
through the sale of big game tags, and one for funds
received from
the sale of upland game bird stamps. This bill would make
changes to
the way in which the Department of Fish and Game
(Department) may
spend the monies in the newly-created accounts and would
require the
Department to include a fund condition statement on its
website.
The creation of more dedicated accounts and reserving more
funds for
those accounts will only increase the complexity of the
Department's
fiscal management of these dollars, as well as reduce the
Department's
flexibility to appropriately administer hunting programs.
Additionally, the bill's requirement that the Department
post budget
information on its public website is redundant since the
Department
already does this for all of its accounts.
For these reasons, I am unable to sign this bill."
It should be noted that the redundant requirement in SB 589
referenced at the end of the Governor's veto message is not
included in SB 1058. Whether the removal of this provision
addresses all of the concerns raised in the Governor's veto
message is unknown.
New Language and proposed Committee amendments : This bill also
contains two substantive differences from SB 589, one of which
was added after this bill passed the Senate policy committee.
SB 589 authorized monies in the UGBA to be used by DFG for
contracts or grants to nonprofit organizations for related
habitat projects, and authorized monies in the BGMA to be used
by DFG for contracts or grants to nonprofit organizations for
related conservation projects. This language authorizing
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contracts or grants to nonprofits for related habitat and
conservation projects is not contained in SB 1058, though SB
1058 does recognize "enhancing upland game bird habitat" as an
authorized expenditure of funds from the UGBA. Committee staff
recommends that both Sections 3684 and 3953 be amended to
include language authorizing expenditure of funds for grants and
contracts for related habitat conservation projects as in SB
589.
This bill also adds new language not contained in SB 589
authorizing funds in the UGBA to be used for "trapping and
relocating upland game birds" and "establishing food plots."
Exactly what activities would be authorized to be funded by this
language is unclear, and without further definition could be
potentially in conflict with other existing provisions of law,
including, for example, Fish and Game Code Sections 3005 and
3005.5, which generally prohibit the taking of birds with traps,
and Fish and Game Commission regulations, such as Title 14,
California Code of Regulations, Section 257.5, which prohibits
the use of bait to hunt game birds. To the extent this language
refers to activities that are authorized under current law they
should already be authorized expenditures of the fund making
this language unnecessary. Committee staff therefore
recommends that this language be stricken.
REGISTERED SUPPORT / OPPOSITION :
Support
California Outdoor Heritage Alliance (sponsor)
California Bow Hunters/State Archery Association
California Chapter of the Foundation for North American Wild
Sheep
California Council of Land Trusts
California Deer Association
California Houndsmen for Conservation
California Rifle and Pistol Association, Inc.
California Waterfowl Association
Cougar Mountain Archers, Inc.
Delta Waterfowl Foundation
Lodi Bowmen
Lower Sherman Island Duck Hunters Association
Outdoor Sportsmen's Coalition of California
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Rocky Mountain Elk Foundation
Safari Club International
Safari Club International, Golden Gate Chapter
Suisun Resource Conservation District
The California Sportsman's Lobby, Inc.
The Mule Deer Foundation
U.S. Sportsmen's Alliance
Opposition
None on file
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096