BILL ANALYSIS ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2009-2010 Regular Session | | | ----------------------------------------------------------------- BILL NO: AB 1995 HEARING DATE: June 9, 2010 AUTHOR: Gaines URGENCY: No VERSION: April 26, 2010 CONSULTANT: Marie Liu DUAL REFERRAL: No FISCAL: Yes SUBJECT: Licenses: Automated License Data System. BACKGROUND AND EXISTING LAW Except for certain exceptions, a person must have a license for the take of fish, birds, and mammals (Section 3007 of the Fish and Game Code for hunting licenses, Section 7145 of the Fish and Game Code for fishing licenses.) Section 1053 allows the Department of Fish and Game (DFG) to replace a license, permit, reservation, or entitlement if an individual certifies and proves that the original was lost or destroyed. Replacements have a base price of $5, which is indexed to inflation starting from 1996. The current price for replacements is $8.75. Currently, sport fishing and hunting licenses must be bought in person from a DFG office or a license agent, who carries a limited supply and range of licenses. Some license items, such as bear and deer tags, can only be purchased from a DFG office. However, the current paper license system is in the process of being phased out and replaced with an automated system, called the Automated License Data System (ALDS). ALDS aims to increase availability of licenses and license items by allowing individuals to purchase licenses on the internet, telephone, or from a license agent. Additionally, ALDS will allow DGS to keep searchable records on customers, including all the stamps and tags that the individual has purchased in addition to the base fishing or hunting license. According to DFG, pilot testing of ALDS is to begin this summer with full implementation by 2012. PROPOSED LAW This bill would allow a stamp or endorsement, which was imprinted on the base license and purchased through the 1 Automated License Data System, to be replaced for $3 per stamp or endorsement. The $3 shall be indexed for inflation starting in 2011. ARGUMENTS IN SUPPORT According to the author's office, "Currently, DFG requires the license customer to re-purchase all stamps and privileges affixed to the license at full price?ALDS enables DFG to capture a customer's information, including a record of what licenses and stamps were purchased, and store it in a computer database. DFG will have a record of what was previous purchased. Charging full price for the replacement of a lost or destroyed stamp is unfair to the sportsmen." ARGUMENTS IN OPPOSITION None received COMMENTS Clarification amendments needed : Current law specifies that licenses, tags, permits, reservations, or "other entitlements" can be replaced for $5. While stamps and endorsements (which are electronic "stamps" printed directly onto licenses bought through ALDS), can be considered entitlements, DFG currently does not allow stamps to be replaced if lost or damaged because DFG cannot verify their original purchase under the current paper-and-pen licensing system. An individual must purchase a new stamp at full cost. While this stamp practice seems rational and justified, it appears inconsistent with existing law in Section 1053. This bill should clarify that stamps and endorsements are not "other entitlements" for the purpose of replacement both under the current system and under ALDS, where they can be replaced for a lower fee. SUGGESTED AMENDMENTS AMENDMENT 1 On page 2, line 13, after "entitlement" insert "except a stamp or endorsement" AMENDMENT 2 On page 3, line 20, after "entitlement" insert "except a stamp or endorsement" SUPPORT California Association of Firearms Retailers The California Sportsman's Lobby, Inc. Outdoor Sportsmen's Coalition of California 2 Safari Club International OPPOSITION None Received 3