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SB-495 Endangered species: blunt-nosed leopard lizard: taking or possession.(2017-2018)

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Date Published: 04/09/2018 09:00 PM
SB495:v98#DOCUMENT

Amended  IN  Assembly  April 09, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 495


Introduced by Senator Vidak

February 16, 2017


An act to amend Section 19601.4 of the Business and Professions Code, relating to horse racing. 5050 of, and to add Section 2081.12 to, the Fish and Game Code, relating to endangered species.


LEGISLATIVE COUNSEL'S DIGEST


SB 495, as amended, Vidak. Horse racing: wagering: fairs: facilities maintenance and improvement funds. Endangered species: blunt-nosed leopard lizard: taking or possession.
Existing law prohibits the taking or possession of a fully protected reptile or amphibian, except as provided, and designates the blunt-nosed leopard lizard as a fully protected reptile. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. Under that act, the Department of Fish and Wildlife is permitted to authorize, by permit, the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.
This bill would permit the department to authorize, under the California Endangered Species Act, the take or possession of the blunt-nosed leopard lizard resulting from impacts attributable to or otherwise related to the Allensworth Community Services District Safe Drinking Water Project to drill a new water well for the community of Allensworth and the Colonel Allensworth State Historic Park, if specified conditions are met. The bill would also make a conforming change.

Existing law, the Horse Racing Law, authorizes a fair, a combination of fairs, or an association conducting racing at a fair, after approval from the California Horse Racing Board, to contribute 1% of the total amount handled daily in conventional and exotic pools for facilities maintenance and improvements at a fair’s racetrack inclosure, for those fairs that contribute or those fairs where an association conducting racing at that fair contributes. Existing law requires that the money raised be deposited into the Inclosure Facilities Improvement Fund, which is created as a special fund in the State Treasury, and that money be made available upon appropriation by the Legislature in the annual Budget Act. Existing law requires the Secretary of Food and Agriculture to appoint a committee to advise on the administration of the funds, and requires the secretary to include in the annual expenditure plan any allocations made pursuant to these provisions, as specified.

This bill would remove the requirement that the secretary include in the annual expenditure plan any allocations made pursuant to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 2081.12 is added to the Fish and Game Code, to read:

2081.12.
 (a) The department may authorize, under this chapter, the take or possession of the blunt-nosed leopard lizard (Gambelia sila) resulting from impacts attributable to or otherwise related to the Allensworth Community Services District Safe Drinking Water Project to drill a new water well for the community of Allensworth and the Colonel Allensworth State Historic Park, if all of the following conditions are met:
(1) The department determines the authorized take will not jeopardize the continued existence of the blunt-nosed leopard lizard.
(2) The impacts of the authorized take are minimized.
(3) The take authorization provides for the development and implementation of an adaptive management plan, approved by the department, for monitoring the effectiveness of, and adjusting as necessary, the measures to minimize the impacts of the authorized take.
(b) This section shall not be construed to exempt the project described in subdivision (a) from any other law.

SEC. 2.

 Section 5050 of the Fish and Game Code is amended to read:

5050.
 (a) (1) Except as provided in this section, or Section 2081.7, Section 2081.9, 2081.12, or Section 2835, a fully protected reptile or amphibian may not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected reptile or amphibian, and no permit or license previously issued shall have any force or effect for that purpose. However, the department may authorize the taking of a fully protected reptile or amphibian for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected reptile or amphibian, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization.
(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3) A legally imported fully protected reptile or amphibian may be possessed under a permit issued by the department.
(b) The following are fully protected reptiles and amphibians:
(1) Blunt-nosed leopard lizard (Crotaphytus wislizenii silus). (Gambelia sila).
(2) San Francisco garter snake (Thamnophis sirtalis tetrataenia).
(3) Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum).
(4) Limestone salamander (Hydromantes brunus).
(5) Black toad (Bufo boreas exsul).

SECTION 1.Section 19601.4 of the Business and Professions Code is amended to read:
19601.4.

(a)Notwithstanding any other law, a fair, combination of fairs, or an association conducting racing at a fair, may, after approval from the board, deduct an additional 1 percent from the total amount handled daily in its conventional and exotic pools. The additional 1 percent shall be deposited into the Inclosure Facilities Improvement Fund, which is hereby created as a special fund in the State Treasury, the moneys of which are available upon appropriation by the Legislature in the annual Budget Act. Any moneys deducted from the handle pursuant to this section shall be used solely for the purpose of facilities maintenance and improvements at a fair’s racetrack inclosure for those fairs that contribute to, or for those fairs where an association conducting racing at that fair contributes to, the Inclosure Facilities Improvement Fund.

(b) The secretary shall appoint a committee of not more than five and no fewer than three individuals with expertise in financing, constructing, and managing horse racing facilities to advise in the administration of the funds. The secretary shall have oversight over the committee. The secretary shall adhere to the same oversight responsibilities as outlined in Section 19620 when administering the funds contributed and disbursed pursuant to this section.

(c)For purposes of this section, “secretary” means the Secretary of Food and Agriculture.