Bill Text: CA SB752 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Entitlements: voluntary donations.

Sponsorship: Bipartisan Bill

Status: (Vetoed) 2012-03-01 - Consideration of Governor's veto stricken from file. Veto sustained. [SB752 Detail]

Download: California-2011-SB752-Amended.html

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BILL NUMBER: SB 752	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 30, 2011
	AMENDED IN ASSEMBLY  JUNE 20, 2011
	AMENDED IN SENATE  MAY 3, 2011
	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  APRIL 5, 2011

INTRODUCED BY   Senator Berryhill
   (Coauthor: Assembly Member Chesbro)

                        FEBRUARY 18, 2011

   An act to add Section 1065 to the Fish and Game Code, relating to
entitlements.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 752, as amended, Berryhill. Entitlements: voluntary donations.
    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. 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 have the opportunity at the time of
issuance to voluntarily  authorize the  release  of
 contact information to nonprofit conservation organizations, as
defined, 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
nonprofit conservation organization  and would prohibit a
nonprofit conservation organization that receives contact informat
  ion 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.
   Vote: majority. Appropriation: 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 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  release   authorize the release of
 his or her contact information to eligible nonprofit
conservation organizations 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, 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  check off   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 nonprofit conservation organization.
   (d) The department may impose a charge on a nonprofit conservation
organization included in the  check off  
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 a nonprofit organization, as defined in the Internal
Revenue Code, that is registered with the Attorney General and
determined to be eligible by the department that has goals and
objectives directly related to the conservation and management of
fish or game species, and, in the previous three calendar years, has
entered into a contract or other agreement with the department to
perform habitat or other wildlife conservation work, facilitate
fishing or hunting opportunities for the public, or raise funds on
behalf of the department, including the sale of hunting fundraising
tags or related items.  
   (f) Any advertising materials produced pursuant to this section
are subject to Section 211. 
    (g)     The department
may develop policies and procedures to implement this section,
including, but not limited to, those specified in Section 1054.8.
  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 fish and game species. 
   (4) In the previous three calendar years, it has entered into a
contract or other agreement with the department to perform habitat or
other wildlife conservation work, or to raise funds on behalf of the
department, including, but not limited to, the sale of hunting
fundraising tags or related items.  
   (f) A nonprofit conservation organization that receives contact
information from the department pursuant to this section is
prohibited from sharing that information with any other third party
without the prior written consent of the individual to whom the
contact information applies.