BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
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BILL NO: SB 752 HEARING DATE: April 26, 2011
AUTHOR: Berryhill URGENCY: No
VERSION: April 25, 2011 CONSULTANT: Marie Liu
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Entitlements: voluntary donations.
BACKGROUND AND EXISTING LAW
With limited 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.)
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). ALDS
aims to increase the availability of licenses and license items
by allowing individuals to purchase licenses via the internet
and telephone, in addition to the traditional method through a
license agent. According to DFG, pilot testing of ALDS is
underway with full implementation planned by 2012.
Section 1050.6 declares that names and addresses of those
obtaining recreational fishing and hunting licenses are
confidential and shall only be released in limited
circumstances.
PROPOSED LAW
This bill would require DFG to give all persons an opportunity
to release their contact information to eligible nonprofit
conservation organizations, when they purchase a license or
permit through ALDS. Specifically, this bill would:
Require DFG to include all eligible nonprofit conservation
organizations in this "contact information check-off" for
three years upon the organization's request.
Define an eligible nonprofit conservation organization as an
organization that meets all of the following:
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o Is a nonprofit organization, as defined in the
Internal Revenue Code,
o Has goals and objectives directly related to the
conservation and management of fish or game species, and
o Has contracted with DFG to perform conservation
work, facilitate fishing or hunting opportunities for the
public, or raised funds on behalf of DFG within the past
three calendar years.
Allow DFG to impose a reasonable charge on participating
nonprofits to pay for the administration of the "check-off"
program.
Allow DFG to develop policies and procedures to implement this
donation program.
ARGUMENTS IN SUPPORT
The author states, "SB 752 would be a valuable and effective
tool in managing California's wildlife. By providing a means for
additional sportsmen to be in contact with nonprofit
conservation/sportsmen's groups, DFG would help support private
efforts to enhance and protect wildlife habitat and conserve
wildlife species that are consistent with DFG's own goals and
objectives. SB 752 would also be assisting the nonprofits in
their grassroots educational outreach."
ARGUMENTS IN OPPOSITION
The Public Interest Coalition opposed a previous version of this
bill because: (1) license holders already have multiple
opportunities to give contact information to a myriad of
nonprofit organizations, including hunting nonprofits and (2)
DFG is already overburdened and understaffed and the allowable
administrative fee allowance is insufficient.
COMMENTS
Similarities to the tax check-off program: This bill is somewhat
similar to the tax check-off program that allows Californian
taxpayers to make donations to a number of charities on their
state income tax return. The 2010 tax return had 15 check-offs
on issues ranging from sea otter protection, local food banks,
and veteran housing. However, the tax check-off program has a
number of requirements, including that each check-off:
Must be added by the Legislature;
Must receive a minimum of $250,000 (adjusted for
inflation) annually in order to remain on the forms (some
exceptions and variants);
Must reimburse the Controller and the Franchise Tax
Board for administrative costs;
May not be printed on the form if space is not
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available; and
Has a sunset date (one exception)
Recent amendments to this bill restrict the check-off program
proposed in this bill to a release of contact information, not
donations.
The committee may wish to consider whether it is desirable for
the state to be increasingly involved helping nonprofits either
by soliciting donations or release of contact information.
You scratch my back?I help you increase your membership?
According to the author, the intent of this bill is for DFG to
essentially "give back" to the organizations that help DFG with
its activities regarding the conservation and management of fish
and game species. However, the committee may wish to consider
whether there are other ways, which require less administration,
for DFG help its supporters, such as recognition on its website
or publications.
Technical amendment : The author may wish to consider moving
these provisions to the area of the Fish and Game Code dealing
generally with licenses (the committee may suggest adding �1111)
as this bill no longer exclusively deals with hunting licenses.
SUPPORT
California Waterfowl Association (previous version)
The California Outdoor Heritage Alliance (previous version)
OPPOSITION
Paw Pac (previous version)
Public Interest Coalition (previous version)
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