Amended in Senate May 12, 2014

Amended in Senate April 3, 2014

Amended in Senate March 24, 2014

Senate Bill No. 987

Introduced by Senator Monning

(Coauthor: Assembly Member Stone)

February 12, 2014

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

LEGISLATIVE COUNSEL’S DIGEST

SB 987, as amended, Monning. California Sea Otter Fund: Department of Fish and Wildlife: State Coastal Conservancy.

Existing law establishes the Department of Fish and Wildlife and sets forth the duties of that department. Existing 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.

Existing law, 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 requires money in that fund, upon appropriation by the Legislature, to be allocated to the Department of Fish and Wildlife for the purposes of establishing a sea otter begin delete fund, as prescribed, end delete begin insert fund to be used within the department’s index coding system for increased investigation, prevention, and enforcement actions, end insert 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.

begin insert

With respect to the portion of money allocated to the department upon appropriation by the Legislature, this bill would instead specify that the money be allocated to the department for purposes of establishing a sea otter fund to be used for sea otter conservation, including for increased investigation, prevention, and enforcement actions related to sea otter mortality. The bill would also require money in the fund, upon appropriation by the Legislature, to be allocated to the department and the conservancy for public outreach activities that encourage taxpayers to make contributions by voluntary checkoff on a tax return to the fund.

end insert begin delete

This bill would require the department and the conservancy 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 department and the conservancy to disseminate information to the public about the status of California sea otters. The bill would require that costs incurred by the department and the conservancy in carrying out these activities be paid for, upon appropriation, with money allocated to the department and the conservancy from the fund.

end delete

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

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

begin delete

SECTION 1.  

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

710.9.  

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

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

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

SEC. 2.  

Section 31122 is added to the Public Resources Code,
to read:

31122.  

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

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

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

end delete

begin delete SEC. 3. end delete
begin insert SECTION 1. end insert   

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

18754.2.  

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

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

(2) Fifty percent of the revenues remaining after allocation
pursuant to paragraph (1), to the Department of Fish and Wildlife
for the purposes of establishing a sea otter fund to be used for sea
otter conservation, including, but not limited to, for increased
investigation, prevention, and enforcement actions related to sea
otter mortality begin insert , end insert and for begin delete the purposes of carrying out the activities
required and authorized in Section 710.9 of the Fish and Game
Code. end delete begin insert public outreach activities that encourage taxpayers to make
contributions by voluntary checkoff on a tax return to the
California Sea Otter Fund. end insert

(3) Fifty percent of the revenues remaining after allocation
pursuant to paragraph (1), to the State Coastal Conservancy for
competitive grants and contracts to public agencies and nonprofit
organizations for research, science, protection, projects, or
programs related to the Federal Sea Otter Recovery Plan or
improving the nearshore ocean ecosystem, including, but not
limited to, program activities to reduce sea otter mortality begin insert , end insert and for
begin delete the purposes of carrying out the activities required and authorized
in Section 31122 of the Public Resources Code. end delete begin insert public outreach
activities that encourage taxpayers to make contributions by
voluntary checkoff on a tax return to the California Sea Otter
Fund. end insert The projects or programs may also address pathogens and
water and wastewater treatment technologies.

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

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