Senate Bill No. 1410

Introduced by Senators Wolk and Nielsen

(Principal coauthors: Assembly Members Frazier, Harkey, Logue, and Yamada)

(Coauthors: Senators Berryhill, Cannella, Gaines, and Galgiani)

(Coauthors: Assembly Members Achadjian, Bigelow, Chesbro, Dahle, Gray, Levine, Nestande, Olsen, Patterson, and Waldron)

February 21, 2014

An act to amend Section 1504 of the Fish and Game Code, relating to fish and wildlife, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 1410, as introduced, Wolk. Wildlife management areas: payments.

Existing law requires the Department of Fish and Wildlife, when income is derived directly from real property acquired and operated by the state as a wildlife management area, as defined, to pay annually to the county in which the property is located an amount equal to the county taxes levied upon the property at the time title to the property was transferred to the state, and any assessments levied upon the property by any irrigation, drainage, or reclamation district.

This bill would appropriate $19,000,000 from the General Fund to the department to make payments to counties for outstanding obligations under these provisions. The bill would also appropriate $2,000,000 annually, beginning with the 2014-15 fiscal year, from the General Fund to the department to make payments to counties for obligations incurred under these provisions.

Vote: ²⁄₃. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Section 1504 of the Fish and Game Code requires that
payments be made to counties equal to the property taxes
previously levied on property held by the Department of Fish and
Wildlife pursuant to that section.

(b) No payments have been made to counties pursuant to Section
1504 of the Fish and Game Code since the 2001-02 fiscal year
when a partial payment was made.

(c) Counties are now owed approximately $19,000,000 for the
unpaid payments.

(d) If this property were owned by a private party, a county
could sell the property to recoup unpaid property taxes.

(e) Because the sale of this state-owned property is not an option
for a county, the state should fulfill its statutory obligation and pay
the current and owed moneys.

(f) To that end, an appropriation is needed to meet the
obligations of the Department of Fish and Wildlife incurred
pursuant to Section 1504 of the Fish and Game Code since the
2001-02 fiscal year.

SEC. 2.  

The sum of nineteen million dollars ($19,000,000) is
hereby appropriated from the General Fund to the Department of
Fish and Wildlife, to make payments to counties for the obligations
incurred pursuant to Section 1504 of the Fish and Game Code.

SEC. 3.  

Section 1504 of the Fish and Game Code is amended
to read:

1504.  

(a) When income is derived directly from real property
acquired and operated by the state as wildlife management areas,
and regardless of whether income is derived from property acquired
after October 1, 1949, the department shall pay annually to the
county in which the property is located an amount equal to the
county taxes levied upon the property at the time title to the
property was transferred to the state. The department shall also
pay the assessments levied upon the property by any irrigation,
drainage, or reclamation district.

(b) Any delinquent penalties or interest applicable to any such
assessments made prior to September 9, 1953, are hereby canceled
and shall be waived.

begin delete

(c) Payments provided by this section shall be from funds
available to the department.

end delete begin insert

(c) Notwithstanding Section 13340 of the Government Code,
the sum of two million dollars ($2,000,000) is hereby appropriated
annually, beginning with the 2014-15 fiscal year, from the General
Fund to the department to make the payments to counties provided
by this section.

end insert

(d) As used in this section, the term “wildlife management area”
includes waterfowl management areas, deer ranges, upland game
bird management areas, and public shooting grounds.

(e) Payments under this section shall be made on or before
December 10 of each year, excepting newly acquired property for
which payments shall be made pursuant to subdivision (f).

(f) Payments for the purposes of this section shall be made
within one year of the date title to the property was transferred to
the state, or within 90 days from the date of designation as a
wildlife management area, whichever occurs first, prorated for the
balance of the year from the date of designation as a wildlife
management area to the 30th day of June following the date of
designation as a wildlife management area, and, thereafter,
payments shall be made on or before December 10 of each year.