BILL ANALYSIS �
SB 1166
Page 1
Date of Hearing: June 12, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
SB 1166 (Berryhill) - As Amended: May 29, 2012
SENATE VOTE : 38-0
SUBJECT : Department of Fish and Game: Big Game Management
Account Funds
SUMMARY : Requires the Department of Fish and Game (DFG) to
permit a nonprofit organization designated by DFG and associated
with the sale of deer or bighorn sheep tags that are sold on
behalf of DFG 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. Specifically, this bill :
1)States legislative findings and declarations regarding a
national survey on fishing and hunting activities, the amount
of money spent by persons participating in wildlife-dependent
recreation, and the revenue generated by these activities used
by DFG for wildlife habitat.
2)Requires DFG to permit a nonprofit organization designated by
DFG and associated with the sale of deer or bighorn sheep tags
that are sold on behalf of DFG to raise funds for big game
management programs, 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. Provides
that the total amount retained from the sale of a tag shall
not exceed the lesser of the administrative costs of that sale
or 10 percent of the amount of the sale.
3)Provides that notwithstanding the above provision allowing up
to 10 percent of the amount of deer and bighorn sheep tag
sales to be retained by the nonprofit organization selling the
tag, 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 with the
receipt and expenditure of these funds accounted for
separately.
4)Provides that the primary purpose of expenditures from the Big
Game Management Account shall be for deer, elk, wild pig and
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bighorn sheep management, including acquiring land and other
projects and programs to benefit antelope, elk, deer, wild
pigs, bear and sheep, and expanding public hunting
opportunities, but that DFG may also use funds from the
Account for administrative and enforcement costs as
proscribed.
5)Expands the responsibilities of the Big Game Management
advisory committee formed by DFG to include review and comment
on administrative and enforcement expenditures from the Big
Game Management Account.
EXISTING LAW :
1)Creates the Big Game Management Account within the Fish and
Game Preservation Fund. Requires that all revenues from the
sale of antelope, elk, deer, wild pig, bear and sheep tags,
including any fundraising tags, be deposited in the Big Game
Management Account to permit separate accountability for the
receipt and expenditure of these funds.
2)Requires funds in the Big Game Management Account to be
expended solely for specified purposes which include deer,
elk, wild pig and bighorn sheep management, including
acquiring land and other projects and programs to benefit
antelope, elk, deer, wild pigs, bear and sheep and to expand
public hunting opportunities. Also authorizes DFG to use
funds in the Account for administrative and enforcement costs
with administrative costs limited to the reasonable costs
associated with administration of the program and activities
as described.
FISCAL EFFECT : According to the Senate Appropriations Committee:
1) ongoing costs of $35,000 to $45,000 to the Big Game
Management Account beginning in 2013-14 for the loss of auction
proceeds, 2) ongoing unknown costs to the Account beginning in
2013 for the use of the Account for administrative costs, and 3)
ongoing costs of less than $50,000 to the Account for accounting
requirements.
COMMENTS : In 2010 the Legislature passed SB 1058 (Harman),
Chapter 408, Statutes of 2010, which consolidated several
species-specific dedicated accounts into a single consolidated
big game management account. This change was made in response
to concerns that maintaining separate species-specific accounts
limited DFG's flexibility in being able to spend funds for
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projects benefiting multiple species, as well as concerns
regarding the need for greater accountability regarding
expenditures. This bill makes three primary changes to the law
regarding the Big Game Management Account. First, it allows a
nonprofit group designated by DFG that sells hunting tags to
raise revenues for DFG programs to retain up to 10% of the
proceeds of the tag sales to cover the nonprofit's
administrative costs. This bill as amended limits the amount
retained to the lesser of the organization's actual
administrative costs or 10% of the sale proceeds. The second
change expands the authority of the advisory group to include
review and comment on administrative and enforcement
expenditures from the Account. Third, this bill clarifies that
the primary purpose of the Big Game Management Account is for
deer, elk, wild pig and bighorn sheep management, including
acquiring land and other projects and programs to benefit
antelope, elk, deer, wild pigs, bear and sheep, and expanding
public hunting opportunities.
Suggested Technical Amendments : The May 29th amendments create
a technical inconsistency between Section 3953 (b) and Sections
4334 and 4902 as amended, regarding the revenues to be deposited
in the Big Game Management Account. To address this
inconsistency and further clarify this subdivision, it is
recommended Section 3953 (b), lines 26-30, page 3, be revised to
read as follows:
(b) Notwithstanding Except as provided in 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 of these funds
with the receipt and expenditure of these funds accounted for
separately .
In addition to deer and sheep fundraising tags, nonprofit
organizations are also involved in the sale of elk and antelope
tags on behalf of the department. It is therefore recommended
that new Section 715.1 be amended to add references to these
fundraising tags as well, as follows:
715.1 (a) The department shall permit a nonprofit organization
that is designated by the department and that is associated with
the sale of deer , elk, antelope or bighorn sheep fundraising
tags that are sold on behalf of the department for the purpose
of raising funds for specified programs and projects pursuant to
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subdivision (a) of Section 4334 , subdivision (c) of Section 331,
subdivision (d) of Section 332 or 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.
Add conforming amendments as well to Sections 331 and 332.
Support Arguments : Supporters assert that nonprofit hunting
organizations often incur considerable expense to promote,
advertise and sell game species fundraising tags for the benefit
of DFG and should be compensated for their administrative costs.
Opposition Arguments : Opponents assert that organizations who
voluntarily assist with the sale of hunting tags for DFG should
not be compensated for their costs and that this bill
constitutes favoritism. They also assert this bill will reduce
funding to DFG.
REGISTERED SUPPORT / OPPOSITION :
Support
California Outdoor Heritage Alliance (sponsor)
California Waterfowl Association
California Rifle and Pistol Association
Safari Club
Opposition
Protecting Earth & Animals with Compassion & Education
Public Interest Coalition
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096