Bill Text: CA SB470 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Commercial fishing: salmon stamp.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-10-07 - Chaptered by Secretary of State. Chapter 565, Statutes of 2011. [SB470 Detail]

Download: California-2011-SB470-Amended.html

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BILL NUMBER: SB 470	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 26, 2011
	AMENDED IN SENATE  APRIL 5, 2011

INTRODUCED BY   Senator Evans

                        FEBRUARY 17, 2011

   An act to amend  Sections 7861.1 and   Sectio
  n  7863 of the Fish and Game Code, relating to
commercial fishing  , and making an appropriation therefor 
.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 470, as amended, Evans. Commercial fishing: salmon stamp.
   (1) Existing law prohibits specified persons from taking salmon
for commercial purposes unless the person has a commercial fishing
salmon stamp affixed to his or her commercial fishing license.
Existing law requires the Department of Fish and Game to issue a
commercial fishing salmon stamp, upon application for the stamp and
payment of a base fee of $85. That base fee is required to be
adjusted during specified commercial salmon seasons. However,
existing law prohibits the total fees, as adjusted, from exceeding
$260. Under existing law, fee revenues are deposited in the
Commercial Salmon Stamp Account in the Fish and Game Preservation
Fund, and the money in the account is continuously appropriated to
the department for new or expanded salmon restoration and enhancement
programs in the state that will serve to increase ocean salmon
landings.  Existing law prohibits the department from
charging administrative overhead costs exceeding 3.3% of the annual
expenditures from the account.  These provisions of existing
law are repealed as of January 1, 2012.
   This bill  would decrease that administrative overhead
cost limit from 3.3% to 1% of the annual expenditures from the
account. The bill  would extend the operation of these
provisions until January 1,  2016   2014.
Because the money in the accoun   t is continuously
appropriated to the department for new or expanded salmon restoration
and enhancement programs, this bill, by extending the operation of
these provisions, would make an appropriation  .
   (2) Existing law generally makes a violation of fish and game laws
a crime.
   Because this bill would extend operation of the commercial salmon
fishing program and thereby the crimes imposed for a violation of
those provisions, the bill would create a state-mandated local
program by creating new crimes.
   (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 no reimbursement is required by this
act for a specified reason. 
   (4) This bill would include a change in state statute that would
result in a taxpayer paying a higher tax within the meaning of
Section 3 of Article XIII A of the California Constitution, and thus
would require for passage the approval of 2/3 of the membership of
each house of the Legislature. 
   Vote:  majority   2/3  . Appropriation:
yes. Fiscal committee: yes. State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 7861.1 of the Fish and Game
Code is amended to read:
   7861.1.  The department shall not charge the Commercial Salmon
Stamp Account in the Fish and Game Preservation Fund administrative
overhead costs exceeding 1 percent of the annual expenditures from
the account. Interest derived from the account shall be deposited in
the Fish and Game Preservation Fund to help defray ongoing
operational costs of the department. 
   SEC. 2.   SECTION 1.   Section 7863 of
the Fish and Game Code is amended to read:
   7863.  This article shall remain in effect only until January 1,
 2016   2014  , and as of that date is
repealed, unless a later enacted statute that is enacted before
January 1,  2016   2014  , deletes or
extends that date.
   SEC. 3.   SEC. 2.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.