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  MAY 14, 2012
	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. 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 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  Data  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 for inclusion on the Automated  Data 
License  Data  System  that would be prohibited
  ,   and would prohibit that charge  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   no
 . 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 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.
   (b) The department may impose a charge on a nonprofit conservation
organization for 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.
   (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.

   (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.