BILL ANALYSIS                                                                                                                                                                                                    



           

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          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2009-2010 Regular Session                    |
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          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  
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          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
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          Safari Club International

          OPPOSITION
          None Received











































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