BILL ANALYSIS �
SB 1166
Page 1
SENATE THIRD READING
SB 1166 (Tom Berryhill)
As Amended August 20, 2012
Majority vote
SENATE VOTE :38-0
WATER, PARKS & WILDLIFE 13-0
APPROPRIATIONS 17-0
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|Ayes:|Huffman, Halderman, Bill |Ayes:|Gatto, Harkey, |
| |Berryhill, Blumenfield, | |Blumenfield, Bradford, |
| |Campos, Fong, | |Charles Calderon, Campos, |
| |Beth Gaines, Gatto, Roger | |Davis, Donnelly, Fuentes, |
| |Hern�ndez, Hueso, Jones, | |Hall, Hill, Cedillo, |
| |Lara, Yamada | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
| | | | |
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SUMMARY : Requires the Department of Fish and Game (DFG) to
authorize a nonprofit organization designated by DFG and
associated with the sale of deer, elk, antelope 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 2% 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 authorize a nonprofit organization designated
by DFG and associated with the sale of deer, elk, antelope or
bighorn sheep tags that are sold on behalf of DFG to raise
funds for big game management programs, to retain a vendor fee
of 2% of the amount for which the tag is sold.
3)Provides that with the exception of the above provision
allowing 2% of the amount of deer, elk, antelope and bighorn
sheep tag sales to be retained by the nonprofit organization
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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 (Account) to allow separate accountability
for the receipt and expenditure of these funds.
4)Provides that the primary purpose of expenditures from the Big
Game Management Account shall be 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, 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 Assembly Appropriations
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Committee, potential annual revenue loss to DFG in the tens of
thousands of dollars (special fund). Actual revenue loss will
depend on: a) the amount of big game tag auction revenue; and,
b) the amount of auction revenue retained by nonprofit for
purported costs to administer the auctions. (The department
reports recent big game tag auction annual revenue ranging from
$350,000 to $400,000.)
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
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 a vendor fee of 2% of
the proceeds of the tag sales to cover the nonprofit's
administrative costs. The second change expands the authority
of the Big Game Management 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.
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. Opponents argue
organizations that voluntarily assist with the sale of hunting
tags for DFG should not be compensated for their costs, and
assert that to do so constitutes favoritism. They also believe
this bill will reduce funding to DFG.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
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