BILL ANALYSIS                                                                                                                                                                                                    Ó





           ----------------------------------------------------------------- 
          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2011-2012 Regular Session                    |
          |                                                                 |
           ----------------------------------------------------------------- 

          BILL NO: SB 1107                   HEARING DATE: March 27, 2012  

          AUTHOR: Berryhill                  URGENCY: No  
          VERSION: March 22, 2012            CONSULTANT: Bill Craven  
          DUAL REFERRAL: No                  FISCAL: Yes  
          SUBJECT: Entitlements: voluntary donations.  
          
          BACKGROUND AND EXISTING LAW
          Every 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) unless that person is covered by an exception, which 
          is a rarity. Two of the exceptions are for fishing by a 
          landowner on private property and hunting on a free hunting day. 
           

          The Department of Fish and Game (DFG) is phasing out their 
          current paper license system and replacing it with an automated 
          system called the Automated License Data System (ALDS). This 
          process began about a year ago. Phase I of the ALDS roll-out 
          ended in late 2011. Phase I consisted of siting kiosks for 
          selling licenses and establishing an ALDS website for the public 
          to use. DFG is now in the midst of Phase II of the roll-out 
          which should take until about 2014. Phase II will focus on 
          internal improvements to the system, adding new functionality, 
          and other tasks. 

          Fish and Game Code Sec. 1050.6 is clear that the names and 
          addresses of those obtaining recreational fishing and hunting 
          licenses are confidential and shall only be released in limited 
          circumstances.

           - 
          | |
           - 
          PROPOSED LAW
          1. This bill would require DFG to give all persons who purchase 
                                                                      1







          a license or permit through ALDS an opportunity to release their 
          contact information to eligible nonprofit conservation 
          organizations. The bill would allow the department to use a 
          "check-off box" or other means on the ALDS system. 

          2. A nonprofit seeking to receive contact information would need 
          to request eligibility from DFG and, in addition, meet specified 
          criteria. DFG would be required to transmit the contact 
          information to each approved nonprofit. 

          3. DFG would be able to charge the nonprofits that receive 
          information the direct costs of administering the transmittal of 
          contact information. 

          4. The definition of eligible nonprofit organization includes 
          the following criteria: 

                A. The nonprofit is a 501(c)(3) organization.
                B. It is registered with the Attorney General. 
                C. Its goals and objectives are directly related to the 
                conservation and management of sportfish and game species. 

                D. In each of the past 3 years, it entered into an 
                agreement with the department to perform habitat or other 
                wildlife conservation work or to raise funds on behalf of 
                the department including the sale of hunting fundraising 
                tags or providing hunting and fishing opportunities for 
                the public. 

          5. A nonprofit that receives contact information is prohibited 
          from distributing information with another entity. Violations of 
          this provision would result in a five-year period of 
          ineligibility from the further receipt of contact information. 

          6. The department would be authorized to use some of the 
          surcharge proceeds placed on entitlements purchased from ALDS to 
          pay a reasonable portion of the costs of complying with the 
          provisions of this bill. 

          ARGUMENTS IN SUPPORT
          The California Outdoor Heritage Alliance (COHA) supports the 
          bill because it believes that greater conservation efforts will 
          occur at the local level. Although not specified in the bill, 
          COHA suggests that typical activities could include wetland 
          restoration efforts, big game population surveying, controlled 
          burning to improve habitat, re-forestation efforts, securing 
          public access to land, facilitating conservation easements on 
                                                                      2







          private land, and migratory bird banding. 

          ARGUMENTS IN OPPOSITION
          None received

          COMMENTS 
          In conversation with the author, the first two amendments 
          clarify his intent. 

          1. On page 2, line 7, the bill should stipulate that the 
          conservation organizations that receive the person's contact 
          information are organizations chosen by the individual. 

          2. On page 3, line 11, the provision should make it clear that 
          the nonprofit attempting to obtain contact information must have 
          provided the identified assistance to DFG in one of the three 
          previous calendar years, not in each of the previous three 
          calendar years. 

          3. A recent amendment limited the definition of eligible 
          conservation groups to sportfishing groups, as opposed to all 
          fishing groups. This change presumably would exclude commercial 
          fishing nonprofits. The author should be open to the possibility 
          of restoring the original language if the commercial fishing 
          groups demonstrate sufficient activity through nonprofit 
          organizations that help the department as provided in this bill. 


          4. Another recent amendment, as drafted by Legislative Counsel, 
          continuously appropriates to DFG the funds contributed by 
          nonprofits that offset the administrative costs of DFG. This 
          proposed language may be considered again in Appropriations. 

          5. It may be the case that hunting and fishing groups are the 
          predominant users of the provisions of this bill, but there are 
          other nonprofits that provide services to the department. The 
          bill is currently limited to organizations that perform habitat 
          or other wildlife conservation work or raise funds on behalf of 
          the department including the sale of hunting fundraising tags or 
          provide hunting and fishing opportunities to the public. 
          "Wildlife conservation work" is not a defined term and rather 
          than exclude groups over semantics, it would be preferable for 
          all nonprofits whose work advances the department's mission to 
          be able to receive contact information.

          SUGGESTED AMENDMENTS 

                                                                      3







               AMENDMENT 1  
               Include the first two amendments in the Comments section. 

                      AMENDMENT 2 
               Consistent with the fifth comment, above, add at the end of 
               page 3, line 16: "or provide assistance to the department 
               that is consistent with the department's mission."

           SUPPORT
          California Outdoor Heritage Alliance
          California Waterfowl Association

          OPPOSITION
          None Received

































                                                                      4