Bill Text: CA SB1107 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Automated License Data System: nonprofit conservation

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2012-09-26 - Chaptered by Secretary of State. Chapter 593, Statutes of 2012. [SB1107 Detail]

Download: California-2011-SB1107-Amended.html

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BILL NUMBER: SB 1107	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 23, 2012
	AMENDED IN SENATE  APRIL 10, 2012
	AMENDED IN SENATE  MARCH 22, 2012

INTRODUCED BY   Senator Berryhill

                        FEBRUARY 17, 2012

   An act to add Section 1065 to the Fish and Game Code, relating to
entitlements, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1107, as amended, Berryhill.  Entitlements: voluntary
release of contact information.   Automated License Data
System: nonprofit conservation organizations. 
    Under existing law, all licenses, permits, tags, reservations,
and other entitlements authorized by the Fish and Game Code are
prepared and issued by the Department of Fish and Game or an
authorized license agent. Existing law authorizes specified persons
to obtain tags or stamps for the taking of specific animals or
aquatic species, if certain requirements are met.  Existing law
authorizes the Fish and Game Commission to require and prescribe the
form of applications for licenses, permits, tags, reservations, and
other entitlements and the form of any contrivance to be used in
connection therewith. An existing regulation defines the Automated
License Data System as an automated system that replaced the
department's paper license inventory system. 
   This bill would  require that a person to whom a license,
permit, reservation, tag, or other entitlement is issued pursuant to
the Automated License Data System (ALDS) have the opportunity at the
time of issuance to voluntarily authorize the release of contact
information to one or more nonprofit conservation organizations, as
defined, as specifically selected by the individual through means of
a checkoff box, or through other means the department determines to
be appropriate. The bill would require the department to annually
transmit contact information to the selected nonprofit conservation
organizations and would prohibit a nonprofit conservation
organization that receives contact information from the department
from sharing that information with any other 3rd party without the
prior written consent of the individual to whom the contact
information applies   require the department, if it
determines that a nonprofit conservation organization meets specified
eligibility requirements and submits a prescribed letter annually,
to include the nonprofit conservation organization's logo in a space
with a link to the organization's Internet Web site on the Automated
Data License System for a time period agreed upon by the department
and the organization  . The bill would authorize the department
to impose a charge on a nonprofit conservation organization 
to recover the direct   for inclusion on the Automated
Data License System that would be prohibited from exceeding the 
reasonable costs of administering these provisions. The bill would
continuously appropriate to the department the moneys generated from
the charge, to be used to pay the reasonable costs associated with
the direct administration of the bill, including, but not limited to,
a reasonable portion of the costs of making changes to the Automated
License Data System necessary to implement the bill.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 1065 is added to the Fish and Game Code, to
read: 
   1065.  (a) A person to whom any license, permit, reservation, tag,
or other entitlement is issued pursuant to the Automated License
Data System shall have the opportunity at the time of issuance to
voluntarily authorize the release of his or her contact information
to one or more eligible nonprofit conservation organizations, as
specifically selected by the individual through means of a checkoff
box, or through other means the department determines to be
appropriate.
   (b) A nonprofit conservation organization seeking to receive
contact information pursuant to this section shall submit in a manner
determined by the department, once every three years, a letter to
the department providing evidence that it meets the criteria set
forth in subdivision (e). If the department determines that the
nonprofit organization is eligible, it shall include the entity in
the checkoff box or other means determined pursuant to subdivision
(a).
   (c) Notwithstanding Section 1050.6, the department shall annually
transmit contact information collected pursuant to subdivision (a) to
the selected nonprofit conservation organizations. 
    1065.    (a) A nonprofit conservation organization
seeking promotion, exposure, and awareness of the organization on the
Automated License Data System through means, including, but not
limited to, the display of the organization's logo and the
opportunity for a prospective license buyer to link electronically to
the organization's Internet Web site, shall annually submit, in a
manner determined by the department, a letter to the department
providing evidence that the organization meets the criteria set forth
in subdivision (c). If the department determines that the nonprofit
conservation organization is eligible, it shall include the
organization's logo in a space with a link to the organization's
Internet Web site on the Automated License Data System for a time
period agreed upon by both parties.  
   (d) 
    (b)  The department may impose a charge on a nonprofit
conservation organization  included in the checkoff box or
other means determined pursuant to subdivision (a)   f
  or inclusion on the Automated   License Data
System pursuant to subdivision (a)  that shall not exceed the
reasonable costs associated with the direct administration of this
section. 
   (e) 
    (   c)  As used in this section, "nonprofit
conservation organization" means an entity that the department
determines meets all of the following:
   (1) It is a nonprofit organization described in Section 501(c)(3)
of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), that is
exempt from taxation under Section 501(a) of that code (26 U.S.C.
Sec. 501(a)).
   (2) It is registered with the Attorney General.
   (3) Its goals and objectives are directly related to the
conservation and management of sport fish or game species.
   (4) In at least one of the previous three calendar years, it has
entered into, or been obligated under, a contract or other agreement,
including, but not limited to, a license, easement, memorandum of
understanding, or lease, with the department to perform habitat or
other wildlife conservation work, to provide hunting or fishing
opportunities for the public, to raise funds on behalf of the
department, including, but not limited to, the sale of hunting
fundraising tags or related items, or to otherwise provide assistance
to the department that is consistent with the department's mission.

   (f) (1) A nonprofit conservation organization that receives
contact information from the department pursuant to this section
shall not share that information with any other third party without
the prior written consent of the individual to whom the contact
information applies.  
   (2) If a nonprofit conservation organization violates paragraph
(1), the department shall remove the organization from the checkoff
box or other means determined pursuant to subdivision (a). The
department shall not make a nonprofit conservation organization that
violates paragraph (1) eligible to receive contact information
pursuant to this section until at least five years after the date the
organization was determined to be ineligible.  
   (g) 
    (   d)  Notwithstanding Section 13340 of the
Government Code, the moneys generated from the charge imposed
pursuant to subdivision (d) are continuously appropriated, without
regard to fiscal year, to the department, to be used to pay the
reasonable costs associated with the direct administration of this
section, including, but not limited to, a reasonable portion of the
costs of making changes to the Automated License Data System
necessary to implement this section.