BILL NUMBER: SB 1107 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Berryhill
FEBRUARY 17, 2012
An act to add Section 1065 to the Fish and Game Code, relating to
entitlements.
LEGISLATIVE COUNSEL'S DIGEST
SB 1107, as introduced, 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 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.
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 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 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 (f). 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) A nonprofit conservation organization seeking to advertise on
the Automated Data License System, including the opportunity for
prospective license buyers to link electronically to the nonprofit's
Internet Web page, shall submit in a manner determined by the
department a letter to the department providing evidence that it
meets the criteria set forth in subdivision (f). If the department
determines that the nonprofit organization is eligible, it shall
include the nonprofit organization's advertisement in a space and for
a time period agreed upon by both parties. Any advertising materials
produced pursuant to this section are subject to Section 211.
(d) Notwithstanding Section 1050.6, the department shall annually
transmit contact information collected pursuant to subdivision (a) to
the designated nonprofit conservation organization.
(e) 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.
(f) 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 fish and game species.
(4) In the previous three calendar years, it has entered into 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, or
to raise funds on behalf of the department, including, but not
limited to, the sale of hunting fundraising tags or related items.
(g) (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.
(h) Upon appropriation by the Legislature, the department may use
moneys generated from the surcharge placed on entitlements purchased
pursuant to the Automated License Data System to pay a reasonable
portion of the costs of making changes to the Automated License Data
System necessary to implement this section.