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 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 
donations.   release of contact information. 
    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.
   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  designated   selected  nonprofit
conservation organization   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.
The bill would authorize the department to impose a charge on a
nonprofit conservation organization to recover the direct 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  designated   selected  nonprofit
conservation  organization   organizations 
.
   (d) The department may impose a charge on a nonprofit conservation
organization included in the checkoff box or other means determined
pursuant to subdivision (a) that shall not exceed the reasonable
costs associated with the direct administration of this section.
   (e) 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,  or  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) 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.