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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