BILL NUMBER: SB 1166 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 1, 2012
AMENDED IN SENATE APRIL 18, 2012
INTRODUCED BY Senator Berryhill
FEBRUARY 22, 2012
An act to amend Sections 3953, 4334, and 4902 of, and to add
Sections 715 and 715.1 to, the Fish and Game Code, relating to
wildlife resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 1166, as amended, Berryhill. Department of Fish and Game: Big
Game Management Account funds.
Existing law requires all money collected under the provisions of
the Fish and Game Code, including money received as a result of the
sale of licenses issued under the provisions of the code, to be
deposited into the Fish and Game Preservation Fund, unless otherwise
provided. Existing law grants authority to the Department of Fish and
Game to issue tags, stamps, and licenses for the hunting of
antelope, elk, upland game birds, deer, wild pigs, bears, and bighorn
sheep upon payment of a fee, to be deposited into the fund. Existing
law establishes the Big Game Management Account within the fund to
permit separate accountability for the receipt and, subject to
appropriation, the prescribed expenditure of revenues from antelope,
elk, deer, wild pig, bear, and bighorn sheep tags, including
fundraising tags.
This bill would require the department to permit a nonprofit
organization that is designated by the department and that is
associated with the sale of deer or bighorn sheep tags that are
sold on behalf of the department for the purpose of raising funds
for specified programs and projects to retain the lesser of that
organization's administrative costs of selling the tag or 10% of the
amount for which the tag is sold.
Existing law requires that funds deposited in the account be
available for expenditure upon appropriation to the department, as
specified.
This bill would limit those specifications to the purposes defined
in the statute that creates the fund, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 715 is added to the Fish and Game Code, to
read:
715. The Legislature hereby finds and declares all of the
following:
(a) The National Survey of Fishing, Hunting, and
Wildlife-Associated Recreation has been conducted since 1955 and is
one of the oldest and most comprehensive continuing recreation
surveys.
(b) The 2006 National Survey of Fishing, Hunting, and
Wildlife-Associated Recreation found all of the following:
(1) Eighty-seven million five hundred thousand United States
residents 16 years of age and older participated in
wildlife-dependent recreation.
(2) Individuals participating in wildlife-dependent recreation
spent $122.3 billion in 2006 on their activities, which equated to 1
percent of the gross domestic product.
(3) Hunters and anglers spent $76.6 billion, while wildlife
viewers spent $45.7 billion.
(4) Seven million four hundred thousand California residents and
nonresidents 16 years of age and older fished, hunted, or viewed
wildlife in this state.
(5) State residents and nonresidents spent $8 billion on
wildlife-dependent recreation in this state.
(c) The Department of Fish and Game reported that, in 2006,
hunters and anglers spent seventy-eight million dollars ($78,000,000)
on licenses, stamps, tags, and access fees.
(d) Revenue generated by wildlife-dependent recreational
activities plays an exceedingly important role in California's
economy.
(e) Revenue generated by hunters is critical to the department's
ability to protect, enhance, and manage wildlife habitat.
SEC. 2. Section 715.1 is added to the Fish and Game Code, to read:
715.1. (a) The department shall permit a nonprofit organization
that is desi gnated by the department and that is
associated with the sale of deer or bighorn sheep tags that are
sold on behalf of the department for the purpose of raising funds
for specified programs and projects pursuant to subdivision (a) of
Section 4334 and subdivision (d) of Section 4902 to retain the lesser
of that organization's administrative costs of selling the tag or 10
percent of the amount for which the tag is sold.
(b) The total amount retained from a sale pursuant to subdivision
(a) shall not exceed the lesser of the administrative costs of that
sale or 10 percent of the amount of the sale.
SEC. 3. Section 3953 of the Fish and Game Code is amended to read:
3953. (a) The Big Game Management Account is hereby established
within the Fish and Game Preservation Fund.
(b) Notwithstanding Section 715.1, all revenues from the sale of
antelope, elk, deer, wild pig, bear, and sheep tags, including any
fundraising tags, shall be deposited in the Big Game Management
Account to permit separate accountability for the receipt
and expenditure with the receipt and expenditure
of these funds accounted for separately .
(c) (1) Funds deposited in the Big Game Management Account shall
be available for expenditure upon appropriation by the Legislature to
the department solely for the purposes described in this section. As
the primary purpose of the Big Game Management Account, the
department shall expend these funds for the purposes set forth in
Sections 3951 and 3952, and Chapter 5 (commencing with Section 450)
of Division 1, Chapter 7 (commencing with Section 4650), and Chapter
11 (commencing with Section 4900), including acquiring land,
completing projects, and implementing programs to benefit antelope,
elk, deer, wild pigs, bear, and sheep, and expanding public hunting
opportunities and related public outreach. Any land acquired with
funds from the Big Game Management Account shall be acquired in fee
title or protected with a conservation easement and, to the extent
possible, be open or provide access to the public for antelope, elk,
deer, wild pig, bear, or sheep hunting.
(2) As a secondary purpose, the department may also use funds from
the Big Game Management Account to pay for administrative and
enforcement costs of the programs and activities described in this
section. The amount allocated from the account for administrative and
enforcement costs shall be limited to the reasonable costs
associated with the direct administration and enforcement of the
programs and activities described in this section.
(d) The department may make grants to, reimburse, or enter into
contracts or other agreements as defined in subdivision (a) of
Section 1571 with, nonprofit organizations for the use of the funds
from the Big Game Management Account to carry out the purposes of
this section, including related habitat conservation projects.
(e) An advisory committee, as determined by the department, that
includes interested nonprofit organizations that have goals and
objectives directly related to the management and conservation of big
game species and primarily represent the interests of persons
licensed pursuant to Section 3031 shall review and provide comments
to the department on all proposed projects, and administrative and
enforcement expenditures funded from the Big Game Management Account
to help ensure that the requirements of this section have been met.
The department shall post budget information and a brief description
on an Internet Web site for all expenditures from the Big Game
Management Account.
(f) Big game projects authorized pursuant to this section are not
subject to Part 2 (commencing with Section 10100) of Division 2 of
the Public Contract Code or Article 6 (commencing with Section 999)
of Chapter 6 of Division 4 of the Military and Veterans Code.
(g) The department shall maintain the internal accountability
necessary to ensure compliance with the collection, deposit, and
expenditure of funds specified in this section.
SEC. 4. Section 4334 of the Fish and Game Code is amended to read:
4334. (a) The commission shall annually direct the department to
authorize, pursuant to Section 1054.8, the sale of not more than 10
deer tags for the purpose of raising funds for programs and projects
as set forth in Section 3953. Except as provided in Section 715.1,
all revenue from the sale of tags pursuant to this section shall be
deposited in the Big Game Management Account established in Section
3953 and, upon appropriation by the Legislature, shall be expended as
set forth in that section.
(b) These tags may be sold to residents or nonresidents of the
State of California at auction or by any other method and are not
subject to the fees prescribed by Section 4332.
(c) These funds shall augment, not supplant, any other funds
appropriated to the department for the preservation, restoration,
utilization, and management of deer. All revenues derived from the
sale of these tags shall be remitted to the department by the seller.
SEC. 5. Section 4902 of the Fish and Game Code is amended to read:
4902. (a) The commission may adopt all regulations necessary to
provide for biologically sound management of Nelson bighorn sheep
(subspecies Ovis canadensis nelsoni).
(b) (1) After the plans developed by the department pursuant to
Section 4901 for the management units have been submitted, the
commission may authorize sport hunting of mature Nelson bighorn rams.
Before authorizing the sport hunting, the commission shall take into
account the Nelson bighorn sheep population statewide, including the
population in the management units designated for hunting.
(2) Notwithstanding Section 219, the commission shall not,
however, adopt regulations authorizing the sport hunting in a single
year of more than 15 percent of the mature Nelson bighorn rams in a
single management unit, based on the department's annual estimate of
the population in each management unit.
(c) The fee for a tag to take a Nelson bighorn ram may be
determined by the commission, but shall not exceed five hundred
dollars ($500). Fee revenues shall be deposited in the Big Game
Management Account established in Section 3953 and, upon
appropriation by the Legislature, shall be expended as set forth in
that section.
(d) The commission shall annually direct the department to
authorize not more than three of the tags available for issuance that
year to take Nelson bighorn rams for the purpose of raising funds
for programs and projects to benefit Nelson bighorn sheep. These tags
may be sold to residents or nonresidents of the State of California
at auction or by another method and shall not be subject to the fee
limitation prescribed in subdivision (c). Commencing with tags sold
for the 1993 hunting season, if more than one tag is authorized, the
department shall designate a nonprofit organization organized
pursuant to the laws of this state, or the California chapter of a
nonprofit organization organized pursuant to the laws of another
state, as the seller of not less than one of these tags. The number
of tags authorized for the purpose of raising funds pursuant to this
subdivision, if more than one, shall not exceed 15 percent of the
total number of tags authorized pursuant to subdivision (b). Except
as provided in Section 715.1, all revenue from the sale of tags
pursuant to this subdivision shall be deposited in the Big Game
Management Account established in Section 3953 and, upon
appropriation by the Legislature, shall be expended as set forth in
that section.
(e) No tag issued pursuant to this section shall be valid unless
and until the licensee has successfully completed a prehunt hunter
familiarization and orientation and has demonstrated to the
department that he or she is familiar with the requisite equipment
for participating in the hunting of Nelson bighorn rams, as
determined by the commission. The orientation shall be conducted by
the department at convenient locations and times preceding each
season, as determined by the commission.