BILL NUMBER: SB 470 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 31, 2011
AMENDED IN SENATE APRIL 26, 2011
AMENDED IN SENATE APRIL 5, 2011
INTRODUCED BY Senator Evans
FEBRUARY 17, 2011
An act to amend Section Sections 7861,
7861.1, and 7863 of the Fish and Game Code, relating to
commercial fishing, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 470, as amended, Evans. Commercial fishing: salmon stamp.
(1) Existing law prohibits specified persons from taking salmon
for commercial purposes unless the person has a commercial fishing
salmon stamp affixed to his or her commercial fishing license.
Existing law requires the Department of Fish and Game to issue a
commercial fishing salmon stamp, upon application for the stamp and
payment of a base fee of $85. That base fee is required to be
adjusted during specified commercial salmon seasons. However,
existing law prohibits the total fees, as adjusted, from exceeding
$260. Under existing law, fee revenues are deposited in the
Commercial Salmon Stamp Account in the Fish and Game Preservation
Fund, and the money in the account is continuously appropriated to
the department for new or expanded salmon restoration and enhancement
programs in the state that will serve to increase ocean salmon
landings. Existing law prohibits administrative
overhead costs charged to the account from exceeding 3.3% of the
annually expenditures from the account. These provisions of
existing law are repealed as of January 1, 2012.
This bill would delete the continuous appropriation, and, instead,
make the money in the account available to the department upon
appropriation by the Legislature. The bill would require the
department to post on its Internet Web site certain information
regarding projects funded by the account. The bill would prohibit the
expenditure of more than 15% of the funds expended for those
programs for administration. The bill would extend the operation of
these provisions until January 1, 2014.
This bill would extend the operation of these provisions until
January 1, 2014. Because the money in the account is continuously
appropriated to the department for new or expanded salmon restoration
and enhancement programs, this bill, by extending the operation of
these provisions, would make an appropriation.
(2) Existing law generally makes a violation of fish and game laws
a crime.
Because this bill would extend operation of the commercial salmon
fishing program and thereby the crimes imposed for a violation of
those provisions, the bill would create a state-mandated local
program by creating new crimes.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(4) This bill would include a change in state statute that would
result in a taxpayer paying a higher tax within the meaning of
Section 3 of Article XIII A of the California Constitution, and thus
would require for passage the approval of 2/3 of the membership of
each house of the Legislature.
Vote: 2/3. Appropriation: yes no .
Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7861 of the Fish and
Game Code is amended to read:
7861. (a) After deducting the administrative costs for issuing
the commercial fishing salmon stamps, the department shall deposit
the fees received pursuant to subdivision (b) of Section 7852.3 and
Section 7860 in the Commercial Salmon Stamp Account in the Fish and
Game Preservation Fund. Notwithstanding Section 13340 of the
Government Code, the money in the account is continuously
appropriated The money in the account shall be
available to the department , upon appropriation by the
Legislature, for new or expanded salmon restoration and
enhancement programs in the state that will serve to increase ocean
salmon landings. No money in this account shall be used in lieu of
other funds appropriated for salmon restoration and enhancement
programs authorized by law on or before January 1, 1988.
(b) (1) Thirty dollars ($30) of the fees
collected for each commercial fishing salmon stamp issued shall be
allocated by the department to be used for raising chinook salmon to
a yearling size, at which size they shall be released into state
waters. The amount of salmon stamp revenues expended for this purpose
in any fiscal year shall not exceed the amount expended by the
department for the same purpose during the same period from other
funds. The calculation of the amount expended by the department for
this purpose shall not include expenditures made by the department
for which reimbursements are received from state or federal agencies,
public utilities, or private entities for raising chinook salmon to
yearling size as part of a fish mitigation program instituted to
compensate for the adverse effect of a dam on natural salmon
production. If the department expends no funds other than moneys
collected from the sale of commercial fishing salmon stamps or moneys
for which reimbursements are received as part of an anadromous fish
mitigation program for the raising of chinook salmon to yearling size
within the period of a fiscal year, the fees prescribed in Section
7860 shall be reduced by an amount equivalent to that portion of the
commercial fishing salmon stamp program, as specified in this
subdivision.
If
(2) If the salmon stamps issued
pursuant to Section 7860 raise more money for the purpose of this
subdivision than is necessary to match the funds expended by the
department during any fiscal year from other funds, then the excess
salmon stamp revenue allocated pursuant to this subdivision shall be
carried over into the following fiscal year.
(c) The department shall post on its Internet Web site an
accounting of the projects undertaken with funds from the Commercial
Salmon Stamp Account and the costs incurred to administer the
program. At a minimum, the Internet Web site shall list the project
title, the applicant, a brief description of the project, the amount
approved, and the status of the project.
SEC. 2. Section 7861.1 of the Fish and
Game Code is amended to read:
7861.1. The Commercial Salmon Stamp Account in the Fish
and Game Preservation Fund shall not be charged administrative
overhead costs exceeding 3.3 percent of the annual expenditures from
the account. Not more than 15 percent of the funds
expended pursuant to Section 7861 may be used to pay the costs
incurred in the administration of the program. Interest derived
from the account Commercial Salmon Stamp
Account shall be deposited in the Fish and Game Preservation
Fund to help defray ongoing operational costs of the department.
SECTION 1. SEC. 3. Section 7863 of
the Fish and Game Code is amended to read:
7863. This article shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2014, deletes or extends that
date.
SEC. 2. SEC. 4. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.