BILL NUMBER: SB 1107	AMENDED
	BILL TEXT

	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.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1107, 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  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.
   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  (ALDS)  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.  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:  no   yes
 . 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)   (e)  . 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) 
    (c)  Notwithstanding Section 1050.6, the department
shall annually transmit contact information collected pursuant to
subdivision (a) to the designated nonprofit conservation
organization. 
   (e) 
    (d)  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) 
    (e)  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   sport
fish or  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,
 provide hunting or fishing opportunities for the public, or
to raise funds on behalf of the department, including, but not
limited to, the sale of hunting fundraising tags or related items.

   (g) 
    (f)  (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

    (g)     Notwithstanding Section 13340 of
the Government Code, the  moneys generated from the 
surcharge placed on entitlements purchased pursuant to the Automated
License Data System   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.