Bill Text: CA SB1410 | 2013-2014 | Regular Session | Amended


Bill Title: Wildlife management areas: payments.

Spectrum: Slight Partisan Bill (Republican 16-9)

Status: (Introduced - Dead) 2014-05-23 - Held in committee and under submission. [SB1410 Detail]

Download: California-2013-SB1410-Amended.html
BILL NUMBER: SB 1410	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2014

INTRODUCED BY   Senators Wolk and Nielsen
    (   Principal coauthor:   Senator 
 Vidak   ) 
   (Principal coauthors: Assembly Members Frazier, Harkey, Logue, and
Yamada)
   (Coauthors: Senators Berryhill, Cannella, Gaines, and Galgiani)
   (Coauthors: Assembly Members Achadjian,  Alejo,  Bigelow,
Chesbro, Dahle, Gray,  Hagman,  Levine,  Melendez,
 Nestande, Olsen, Patterson,  V. Manuel Pérez,  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  , and declaring the urgency thereof, to take effect
immediately  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1410, as amended, 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   unpaid amounts  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. 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   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
  nineteen million dollars ($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.  unpaid
amounts. 
   (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   unpaid amounts  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  a  wildlife
management  areas,   area, 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   before 
September 9, 1953, are hereby canceled and shall be waived. 
   (c) Payments provided by this section shall be from funds made
available to the department pursuant to subdivision (d). 

   (c) 
    (d)  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. 
   (d) 
    (e)  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) 
    (f)  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).   (g).  
   (f) 
    (g)  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.
   SEC. 4.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order for the fiscal arrangements made by this act to be
operative at the commencement of the 2014-15 fiscal year, it is
necessary for this act to take effect immediately. 
    
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