The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure: (Here set forth the title and summary prepared by the Attorney General. This title and summary must also be printed across the top of each page of the petition whereon signatures are to appear.)

TO THE HONORABLE SECRETARY OF STATE OF CALIFORNIA We, the undersigned, registered, qualified voters of California, residents of_________________ County (or City and County), hereby propose amendments to the Fish and Game Code and to the Revenue and Taxation Code, relating to the protection of bears and wilderness and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election or at any special statewide election held prior to that general election or otherwise provided by law.

The proposed amendments (full title and text of the measure) read as follows: Section 1. This act shall be known and may be cited as the Evans Bear and Wilderness Protection Act of 2006.

Sec. 2. Chapter 12 (commencing with Section 2950) is added to Division 3 of the Fish and Game Code, to read: Chapter 12. BEAR AND WILDERNESS PROTECTION 2950. The Bear and Wilderness Protection Trust Fund is hereby created in the State Treasury for the purpose of administering and implementing this chapter. 2951. Notwithstanding Section 13340 of the Government Code, all money deposited in the Bear and Wilderness Protection Trust Fund in each fiscal year is continuously appropriated, without regard to fiscal year, as follows:

(a) One-half to the department to acquire, restore, and enhance wilderness habitat, including the creation of bear safe zones, coastal marine safe zones, game refuges, and wilderness restricted use districts, as provided in this chapter.

(b) One-half to the Department of Parks and Recreation to restore, repair, and enhance the existing state park system, as provided in this chapter.

2952. (a) The department shall purchase and acquire real property to create bear safe zones, coastal marine safe zones, game refuges, and wilderness restricted use districts, as described in this section, for the purpose of protecting bears and other wildlife.

(1) The department shall designate certain wilderness areas as "bear safe zones," to be used as bear sanctuaries. The department shall capture, transport, and release all bears and wildlife that may wonder into urban communities and return bears and wildlife into the bear safe zones. The public may enter a bear safe zone with a permit issued by the Department of Fish & Game, but it is unlawful to possess a firearm or Bow or Archery based killing device in a bear safe zone.

(2) The department shall designate certain coastal areas as "coastal marine safe zones," to be managed by the department for the protection of fish and marine life. No fish or marine life may be taken from a coastal marine safe zone without a permit issued by the department for that taking.

(3) The department shall designate certain wilderness areas as "game refuges," to be managed by the department for the preservation and protection of wildlife species, as identified by the department. The public may enter game refuges, but no game animal or other animal may be taken without a permit issued by the department for that taking.

(4) The department shall designate certain areas as "wilderness restricted use districts," to be managed by the department for the preservation and protection of all wildlife and wildlife habitat. No public access may occur in a wilderness restricted use district without a permit issued by the department for that access.

(b) The department shall consider the following factors in establishing bear safe zones, coastal marine safe zones, game refuges, and wilderness restricted use districts:

(1) The bear safe zones, game refuges, and wilderness restricted use districts shall be established in rural areas so as to minimize conflicts between wildlife and human activity.

(2) Sites shall be established in areas where an abundance of wildlife is already in existence. The department shall maximize its resources to provide for the largest possible sites.

2953. The department shall organize and sponsor wilderness outreach programs directed at inner city youth and offer wilderness educational programs for children in kindergarten and grades 1 to 12, inclusive.

2954. The department may use funds appropriated pursuant to subdivision (a) of Section 2951 to hire additional staff to carry out its duties under this chapter, including, but not limited to, hiring additional management and support staff, fish and game wardens, criminal investigators, and other enforcement officers. The department may also use those funds to purchase vehicles and other equipment necessary to carry out its duties and enforce this chapter.

2958. The Department of Parks and Recreation shall restore and repair the existing state parks system, and shall purchase and acquire additional land, rivers, wetlands, historic sites, and other resources, in order to enhance the state parks system. 2959. The Department of Parks and Recreation may use funds appropriated pursuant to subdivision (b) of section 2951 to hire additional staff to carry out its duties under this chapter, including, but not limited to, hiring additional management and support staff, park rangers, park safety officers, environment officers, and other enforcement officers. The Department of Parks and Recreation may also use those funds to purchase vehicles and other equipment necessary to carry out its duties and enforce this chapter.

SEC. 3. Chapter 9 (commencing with Section 4750) of Part 3 of Division 4 of the Fish and Game Code is repealed. SEC. 4.

Chapter 9 (commencing with Section 4750) is added to Part 3 of Division 4 of the Fish and Game Code, to read: CHAPTER 9. BEARS 4750. (a) It is unlawful to take, injure, possess, transport, import, or sell any bear or any part or product thereof, or to conspire to take, injure, possess, transport, import, or sell any bear or any part or product thereof. (b) A violation of this section is a felony punishable as follows:

(1) A person 18 years or older who is convicted of violating this section for noncommercial purposes shall be subject to a fine of ten thousand dollars ($10,000) and sentenced to five years imprisonment in the state prison, without opportunity for parole or credit for good behavior.

(2) A person 18 years or older who is convicted of violating this section for commercial purposes shall be subject to a fine of fifteen thousand dollars ($15,000) and be sentenced to 15 years imprisonment in the state prison, without opportunity for parole or credits for good behavior.

(3) A person under the age of 18 who is convicted of violating this section for commercial or noncommercial purposes shall be placed under the care of the Department of the Youth Authority for five years.

(c) The Office of the Attorney General is responsible for prosecuting any person who violates this section. The Attorney General may authorize County District Attorney and City Attorney Offices to further enforce this measure. The Attorney General will provide training to Law Enforcement agencies to support this measure. (d) Notwithstanding any other provision of law, a person arrested for violating this section for commercial purposes may not be released on bail unless the court determines that the person does not pose a flight risk. SEC. 5. Section 12005 of the Fish and Game Code is repealed.

SEC. 6. Section 6051.5 is added to the Revenue and Taxation Code, to read: 6051.5. (a) In addition to the taxes imposed by Section 6051, 6051.2, 6051.3, and any other provision of this part, for the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers at the rate of one-half of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in this state on and after 30 days of passage of this measure. (b) All revenues received pursuant to this section shall be deposited in the State Treasury to the credit of the Bear and Wilderness Protection Trust Fund created pursuant to Section 2950 of the Fish and Game Code.

SEC. 7. Section 6201.5 is added to the Revenue and Taxation Code, to read: 6201.5 (a) In addition to the taxes imposed by Section 6201, 6201.2, 6201.3, and any other provision of this part, an excise tax is hereby imposed on the storage, use, or other consumption in this state of tangible personal property purchased from any retailer on and after 30 days of passage of this measure, at the rate of one-half of 1 percent of the sales price of the property.

(b) All revenues received pursuant to this section shall be deposited in the State Treasury to the credit of the Bear and Wilderness Protection Trust Fund created pursuant to Section 2950 of the Fish and Game Code. SEC. 8. This act shall become operative on 30 Days of passage by the Voters of the State of California.

SEC. 9. If any provision of this act or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

The Promoter of the Measure is Mervin Evans