Amended in Senate April 3, 2014

Amended in Senate March 24, 2014

Senate BillNo. 987


Introduced by Senator Monning

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(Coauthor: Assembly Member Stone)

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February 12, 2014


An act to add Section 710.9 to the Fish and Game Code,begin insert to add Section 31122 to the Public Resources Code,end insert and to amend Section 18754.2 of the Revenue and Taxation Code, relating to wildlife.

LEGISLATIVE COUNSEL’S DIGEST

SB 987, as amended, Monning. begin deleteDepartment of Fish and Wildlife: end deleteCalifornia Sea Otterbegin delete Fund.end deletebegin insert Fund: Department of Fish and Wildlife: State Coastal Conservancy.end insert

Existing law establishes the Department of Fish and Wildlife and sets forth the duties of that department. Existingbegin delete law,end deletebegin insert law establishes the State Coastal Conservancy with prescribed powers and responsibilities for implementing a program of agricultural land protection, area restoration, and resource enhancement within the coastal zone, as defined. end insert

begin insert Existing law,end insert until January 1, 2016, establishes the California Sea Otter Fund and allows taxpayers to designate on their tax returns that a specified amount in excess of their tax liability be transferred to the fund. Existing law requiresbegin delete a specified portion ofend delete money in that fund, upon appropriation by the Legislature,begin insert toend insert be allocated to the Department of Fish and Wildlife for the purposes of establishing a sea otterbegin delete fund to be used within the department’s index coding system for increased investigation, prevention, and enforcement actions.end deletebegin insert fund, as prescribed, and to the State Coastal Conservancy for competitive grants and contracts for research, projects, and programs related to the Federal Sea Otter Recovery Plan or improving the nearshore ocean ecosystem. end insert

This bill wouldbegin delete authorizeend deletebegin insert requireend insert the departmentbegin insert and the conservancyend insert to take appropriate measures to encourage taxpayers to make contributions on their tax returns to the California Sea Otter Fund and would also authorize the departmentbegin insert and the conservancyend insert to disseminate information to the public about the status of California sea otters. The bill would require that costs incurred by the departmentbegin insert and the conservancyend insert in carrying out these activities be paid forbegin insert, upon appropriation,end insert with money allocated to the departmentbegin insert and the conservancyend insert from the fund.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 710.9 is added to the Fish and Game
2Code
, to read:

3

710.9.  

(a) The departmentbegin delete mayend deletebegin insert shallend insert take appropriate measures,
4including, but not limited to, public outreach activities, to
5encourage taxpayers to make contributions by voluntary checkoff
6on a tax return to the California Sea Otter Fund established in
7Article 5.6 (commencing with Section 18754) of Chapter 3 of Part
810.2 of Division 2 of the Revenue and Taxation Code.

9(b) The department may disseminate information to the public
10concerning the status of California sea otters.

11(c) The costs incurred by the department in carrying out the
12activitiesbegin insert required andend insert authorized by this section shall, upon
13appropriation by the Legislature, be paid for with money allocated
14to the department pursuant to Section 18754.2 of the Revenue and
15Taxation Code.

16begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 31122 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
17to read:end insert

begin insert
18

begin insert31122.end insert  

(a) The conservancy shall take appropriate measures,
19including, but not limited to, public outreach activities, to
20encourage taxpayers to make contributions by voluntary checkoff
21on a tax return to the California Sea Otter Fund established in
22Article 5.6 (commencing with Section 18754) of Chapter 3 of Part
2310.2 of Division 2 of the Revenue and Taxation Code.

P3    1(b) The conservancy may disseminate information to the public
2concerning the status of California sea otters.

3(c) The costs incurred by the conservancy in carrying out the
4activities required and authorized by this section shall, upon
5appropriation by the Legislature, be paid for with money allocated
6to the conservancy pursuant to Section 18754.2 of the Revenue
7and Taxation Code.

end insert
8

begin deleteSEC. 2.end delete
9begin insertSEC. 3.end insert  

Section 18754.2 of the Revenue and Taxation Code is
10amended to read:

11

18754.2.  

(a) All money transferred to the California Sea Otter
12Fund, upon appropriation by the Legislature, shall be allocated as
13follows:

14(1) To the Franchise Tax Board and the Controller for
15reimbursement of all costs incurred by the Franchise Tax Board
16and the Controller in connection with their duties under this article.

17(2) Fifty percent of the revenues remaining after allocation
18pursuant to paragraph (1), to the Department of Fish and Wildlife
19for the purposes of establishing a sea otter fund to be usedbegin delete within
20the department’s index coding systemend delete
begin insert for sea otter conservation,
21including, but not limited to,end insert
for increased investigation, prevention,
22and enforcement actionsbegin insert related to sea otter mortalityend insert and for the
23purposes of carrying out the activitiesbegin insert required andend insert authorized in
24Section 710.9 of the Fish and Game Code.

25(3) Fifty percent of the revenues remaining after allocation
26pursuant to paragraph (1), to the State Coastal Conservancy for
27competitive grants and contracts to public agencies and nonprofit
28organizations for research, science, protection, projects, or
29programs related to the Federal Sea Otter Recovery Plan or
30improving the nearshore ocean ecosystem, including, but not
31limited to, program activities to reduce sea otterbegin delete mortality.end deletebegin insert mortality
32and for the purposes of carrying out the activities required and
33authorized in Section 31122 of the Public Resources Code.end insert
The
34projects or programs may also address pathogens and water and
35wastewater treatment technologies.

36(b) The State Coastal Conservancy shall solicit available federal,
37private, matching, and other dollars to maximize or leverage funds
38appropriated pursuant to paragraph (3) of subdivision (a) to provide
39the greatest benefit for sea otters.

P4    1(c) The State Coastal Conservancy may enter into interagency
2 agreements with public agencies for purposes of paragraph (3) of
3subdivision (a).



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