Bill Text: CA SB1249 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Department of Fish and Game: lands: expenditures.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-09-26 - Chaptered by Secretary of State. Chapter 597, Statutes of 2012. [SB1249 Detail]

Download: California-2011-SB1249-Amended.html

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BILL NUMBER: SB 1249	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 17, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Wolk

                        FEBRUARY 23, 2012

   An act to amend Section 13100 of, and to add Chapter 7.4
(commencing with Section 1745) to Division 2 of, the Fish and Game
Code, relating to fish and wildlife resources, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1249, as amended, Wolk. Department of Fish and Game: lands:
expenditures.
    (1) Existing law requires the Department of Fish and Game to
operate lands, or lands and water, acquired for public shooting
grounds, state marine recreational management areas, or wildlife
management areas on a nonprofit basis (collectively,
department-operated lands). Existing law states that multiple
recreational use of wildlife management areas is desirable and
requires the Fish and Game Commission to encourage multiple
recreational use. Existing law authorizes the commission to determine
and fix the amount of, and authorizes the department to collect,
fees for any use privileges. Existing law restricts shooting permits
for department-operated lands to persons holding valid hunting
licenses. Existing law, except as expressly provided, makes any
violation of the Fish and Game Code, or any rule, regulation, or
order made or adopted under that code, a misdemeanor.
   This bill would authorize the department to enter into contracts
or other agreements with nonprofit conservation groups, as specified,
for the management and operation of department-managed lands,
defined to include public shooting grounds, state marine recreational
management areas, ecological reserves, and wildlife management
areas. The bill would state that hunting, fishing, wildlife viewing,
wildlife photography, conservation education, and fish and wildlife
research are the priority uses compatible with department-managed
lands, and would allow the department to authorize by regulation
other public uses. The bill would authorize the department to require
the purchase of a special use permit for those other public uses.
The bill, commencing January 1, 2014, would require the purchase of
an entry permit, as specified, for access to department-managed lands
for uses other than hunting and fishing, except as provided. The
bill would  require   make  the failure to
obtain a permit  to be  an infraction, as specified.
The bill would require moneys generated by these provisions to be
deposited in the Fish and Game Preservation Fund and would
continuously appropriate those funds for the department to use for
the management and operation of its lands, thereby making an
appropriation.  The bill would require the department to provide
no less than 35% of the funds generated by these provisions to the
department-managed lands from which the fee revenues were collected.

   (2) Existing law requires specified fines and penalties paid to
and retained in the county treasury to be deposited in a county fish
and wildlife propagation fund and expended for the protection,
conservation, propagation, and preservation of fish and wildlife,
under the direction of the county board of supervisors. Existing law
limits expenditures from the fish and wildlife propagation fund of a
county for specified purposes.
   This bill would require all proposed expenditures from a county
fish and wildlife propagation fund to be reviewed first at a regular
meeting of the county board of supervisors or its designated county
fish and game commission to ensure compliance with those specified
expenditure purposes. The bill would find and declare that these
provisions are an issue of statewide concern and not a municipal
affair, as specified. By imposing new duties on counties, this bill
would impose a state-mandated local program.
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 7.4 (commencing with Section 1745) is added to
Division 2 of the Fish and Game Code, to read:
      CHAPTER 7.4.  DEPARTMENT-MANAGED LANDS


   1745.  (a) For purposes of this section, "department-managed lands"
includes lands, or lands and water, acquired for public shooting
grounds, state marine (estuarine) recreational management areas,
ecological reserves, and wildlife management areas.
   (b) Department-managed lands shall be operated on a nonprofit
basis by the department. The department may enter into contracts or
other agreements with nonprofit conservation groups, recognized under
Section 501(c) of the Internal Revenue Code, for the management and
operation of department-managed lands. The agreements authorized
pursuant to this section are not subject to Part 2 (commencing with
Section 10100) of Division 2 of the Public Contract Code or Article 6
(commencing with Section 999) of Chapter 6 of Division 4 of the
Military and Veterans Code.
   (c) Multiple recreational use of department-managed lands is
desirable and that use shall be encouraged by the commission. Except
for hunting and fishing purposes, only minimum facilities to permit
other forms of multiple recreational use, such as camping,
picnicking, boating, or swimming, shall be provided. 
   (d) Except as provided in Section 1765, and to defray the costs
associated with multiple use, the commission may determine and fix
the amount of, and the department shall collect, fees for any use
privileges. Only persons holding valid hunting licenses may apply for
or obtain shooting permits for department-managed lands. 

   (e) 
    (d)  (1) Hunting, fishing, wildlife viewing, wildlife
photography, conservation education, and fish and wildlife research
are the priority uses compatible with department-managed lands.
   (2)  Public uses of department-managed lands not listed in
paragraph (1)  or subdivision (c)  shall be authorized by
regulations adopted by the department. The department may require the
purchase of a special use permit for these other uses. 
   (e) Except as provided in Section 1765, and to defray the costs
associated with multiple use, the commission may determine and fix
the amount of, and the department shall collect, fees for any use
privileges. Only persons holding valid hunting licenses may apply for
or obtain shooting permits for department-managed lands. 
   (f)  Commencing January 1, 2014, the purchase of an entry permit
through the Automated License Data System or other means, as
determined by the department, shall be required to access all
department-managed lands for uses other than hunting and fishing. The
user shall have the entry permit in his or her immediate possession
while on department-managed lands. Failure to obtain a permit for
uses listed in paragraph (1) of subdivision (e) or as required by
regulations adopted by the department pursuant to paragraph (2) of
subdivision (e) shall be an infraction as described in Section
12002.2.1. A person in possession of a valid hunting license, a sport
fishing license, or a trapping license shall be exempt from the
payment of an entry permit fee.
   (g) Notwithstanding Section 13340 of the Government Code, the
moneys generated pursuant to this section shall be deposited in the
Fish and Game Preservation Fund, and are hereby continuously
appropriated to the department for the management and operation of
its lands.  The department shall provide no less than 35 percent
of the funds generated pursuant to this section to the
department-managed lands from which the fee revenues were collected.

   (h) Notwithstanding subdivision (f), the department may continue
to allow free access to an area of department-managed lands if the
 commission   department  finds that the
best interest of that area would be served through not collecting the
entrance fee.
  SEC. 2.  Section 13100 of the Fish and Game Code is amended to
read:
   13100.  (a) The amounts paid to and retained in the county
treasury pursuant to Sections 12009 and 13003 shall be deposited in a
county fish and wildlife propagation fund and expended for the
protection, conservation, propagation, and preservation of fish and
wildlife, under the direction of the board of supervisors, pursuant
to this chapter.
   (b) All proposed expenditures from a county fish and wildlife
propagation fund shall be reviewed first at a regular meeting of the
county board of supervisors or its designated county fish and game
commission to ensure compliance with Section 13103.
  SEC. 3.  The Legislature finds and declares that Section 2 of this
bill is an issue of statewide concern and not a municipal affair, as
that term is used in Section 5 of Article XI of the California
Constitution.
  SEC. 4.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.