BILL ANALYSIS �
SB 752
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Date of Hearing: June 24, 2011
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
SB 752 (Berryhill) - As Amended: June 20, 2011
SENATE VOTE : 40-0
SUBJECT : Department of Fish and Game Licenses: Disclosure of
personal contact information.
SUMMARY : Requires the Department of Fish and Game (DFG) to
give every person who is issued a hunting or fishing license, or
other entitlement, through DFG's Automated License Data System,
the opportunity to authorize release of their personal contact
information to third party nonprofit conservation organizations.
Specifically, this bill :
1)Requires DFG to give a person to whom a license, permit,
reservation, tag or other entitlement is issued through the
Automated License Data System, the opportunity to voluntarily
authorize release of their personal contact information to
eligible nonprofit conservation organizations through means of
a check-off box or other means DFG determines appropriate.
2)Authorizes nonprofit conservation organizations seeking to
receive personal contact information of persons who purchase
hunting and fishing licenses from DFG, to submit a letter to
DFG once every three years providing evidence that the
organization meets the eligibility requirements to receive the
contact information. Requires DFG if it determines that the
organization is eligible, to include it in a check-off box or
other means as DFG determines.
3)Authorizes DFG to impose a charge on the nonprofit
conservation organization to pay to be included in the
check-off box and to receive the personal contact information.
The fee may not exceed DFG's reasonable direct administrative
costs.
4)Requires DFG, notwithstanding existing law otherwise making
such information confidential, to annually transmit personal
contact information collected from persons who are issued
hunting and fishing licenses or other entitlements to the
designated nonprofit conservation organizations.
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5)Defines eligible nonprofit conservation organization to mean
an organization that meets all of the following:
a) Is a nonprofit organization as defined in the
Internal Revenue Code and is registered with the Attorney
General.
b) Is determined to be eligible by DFG.
c) Has goals and objectives directly related to the
conservation and management of fish or game species.
d) In the prior 3 calendar years has entered into a
contract or other agreement with DFG to perform habitat
or other wildlife conservation work, facilitate fishing
or hunting opportunities for the public, or raise funds
on behalf of DFG, including the sale of hunting
fundraising tags or related items.
6)States that any advertising materials produced pursuant to
this section are subject to a provision of existing law (Fish
and Game Code Section 211) which requires advertisements
contained on regulations printed for the Fish and Game
Commission to meet all specification prescribed by DFG, and
prohibits advertisements for tobacco, alcohol, certain types
of firearms, political statements, solicitations for
membership in organizations, or any other statements in
conflict with the material produced, as determined by the
Commission. That section also requires that the information
be easy for the public to reference, read and understand.
7)Provides that DFG may develop policies and procedures to
implement this section, including but not limited to the
policies and procedures specified in law for the application
and award of hunting tags for fundraising purposes (Fish and
Game Code Section 1054.8).
EXISTING LAW :
1)Provides, with limited exceptions, that the names and
addresses of persons contained in records submitted and
retained by DFG for the purpose of obtaining recreational
fishing or hunting licenses are confidential and are not
public records (Fish and Game Code Section 1050.6).
2)Requires, with limited exceptions, the purchase of a fishing
or hunting license to take fish, birds or mammals.
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3)Prohibits a state agency from disclosing any personal
information that would link the information disclosed to the
individual to whom it pertains unless the information is
disclosed with the prior written voluntary consent of the
individual to whom the record pertains, and only if that
consent has been obtained not more than 30 days before the
disclosure, or within the time limit agreed to by the
individual in the written consent (Civil Code Section
1798.24).
4)Prohibits all state government agencies from distributing or
selling any individual's electronically collected personal
information to any third party, without first obtaining the
individual's prior written consent. Defines personal
information to include any information that identifies the
individual, including but not limited to name, home address,
email address and phone number. (Government Code Section
11015.5(b)).
5)Requires all state government agencies that collect personal
information electronically to notify the user that the agency
shall not distribute or sell any electronically collected
personal information about the user to any third party without
the permission of the user.
FISCAL EFFECT : According to the Senate Appropriations
Committee analysis, startup costs of $65,000 to DFG in 2011/12,
and ongoing costs of $40,000 in 2012/13 and subsequent years for
oversight of information sharing.
COMMENTS : This bill would allow members of the public to
voluntarily release their contact information to eligible
nonprofit conservation/sportsmen's groups when purchasing a
hunting or fishing license, tag, stamp or other validation using
DFG's online Automated License Data System. The author asserts
that by providing a means for additional sportsmen to be in
contact with nonprofit conservation/sportsmen's groups, this
bill provides a way for DFG to help support private conservation
efforts that are consistent with DFG's goals and objectives.
The author notes this bill would also assist the nonprofit
groups with educational outreach. Staff notes this bill would
also assist these groups with their own fundraising efforts and
in soliciting new members for their organizations.
Background information provided by the author indicates that
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several other states, including North Dakota and Virginia,
currently allow hunters to voluntarily donate to nonprofit
organizations when purchasing their hunting licenses or other
entitlements. This bill would allow conservation and
sportsmen's groups to obtain personal contact information of
people who buy hunting and fishing licenses from DFG so that
these groups could then solicit those individuals for
memberships or donations to their organizations. Groups
eligible to receive the contact information would be limited to
organizations that in the previous three years have entered into
agreements with DFG to perform conservation work, facilitate
fishing or hunting opportunities, or raise funds for DFG.
The author notes that conservation/sportsmen's groups provide
critical assistance to DFG in conserving wildlife and their
habitat. Examples include wetland restoration projects, big
game population surveys and research, controlled burns to
improve habitat, re-forestation projects, facilitation of
conservation easements on private land, and migratory bird
banding. Some nonprofit groups also raise funds for DFG by
selling big game fundraising tags and related items at their
events. According to the author, in 2010 the sale of bighorn
sheep, deer, elk and antelope fundraising tags by nonprofits
netted DFG $406,000 for research and management of those
species.
Issues for Consideration : This bill raises several policy
issues regarding state disclosure of personal information.
First, although this bill would require the individual to
voluntarily give their consent to the sharing of their
information through a check-off box, there is nothing in this
bill that would prevent nonprofit groups receiving the
information from in turn sharing or selling that information
with other third parties. Individuals who give consent to the
sharing of their information with the groups listed on the state
form may not realize that their information may be shared with
others.
Second, subsection (f) of this bill refers to "advertising
materials produced pursuant to this section." The purpose of
this provision is unclear since advertising materials are not
referred to elsewhere in this bill. Does this imply that in
addition to the name of the organization being listed on the
check-off box that advertisements or logos for these groups may
also appear on the state form? Even without advertisements,
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does the listing of the named group imply that the state is
endorsing these organizations?
Third, subsection (e) sets out the criteria which a group must
meet in order to be eligible to be listed on the check-off form
and receive personal information. The group must meet all the
following: 1) be a nonprofit group as defined by the Internal
Revenue Code (which includes but is not limited to 501c3, 501c4,
501c6 and 501c7 organizations, some of which are authorized to
engage in lobbying activities), 2) be registered with the
Attorney General, 3) have goals and objectives directly related
to conservation and management of fish and game species, and 4)
in the previous 3 years have entered into agreements with DFG
for habitat conservation work, facilitation of fishing or
hunting opportunities, or raised funds on behalf of DFG. In
addition to meeting these criteria, the organization must also
be determined to be eligible by DFG. This raises a question as
to whether an organization that otherwise meets all of the
criteria could nevertheless be deemed by DFG to be ineligible,
or will all organizations that apply and meet the criteria be
listed? This ambiguity is also reinforced by the language in
(g) which provides that DFG may develop policies and procedures
to implement this section including but not limited to those
specified in Section 1054.8. Section 1054.8 refers to policies
and procedures that seek to maximize the revenues received by
DFG and participation by qualified nonprofit organizations
making applications to sell hunting tags. Could DFG, if it
chose to, limit eligibility to organizations that are involved
in the sale of hunting tags, or limit or prioritize listing to
those groups that raise the most revenue for DFG?
The committee may also wish to consider whether the definition
of eligible entity is overly broad and could thus become
unwieldy for DFG to manage if there is an ever growing list of
groups that apply and qualify to be listed. For example, it is
unclear what is included within the scope of "facilitating
fishing and hunting activities" which could mean a variety of
things. On the other hand, by extending eligibility to groups
that engage in habitat or wildlife conservation work, or enter
into contracts or agreements to raise funds for DFG, this bill
could provide an incentive for more groups to do so.
Finally, in light of the state's general policy regarding
protection of personal information, the committee may wish to
consider whether this bill is necessary given the multitude of
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opportunities individuals have to contact and learn about
nonprofit organizations they may wish to join without having the
state share their personal information with these groups.
Suggested Amendments should this bill move forward : Should the
committee elect to approve this bill, the committee may wish to
consider amendments limiting eligible nonprofit groups to 501c3
organizations, narrowing the definition of eligible nonprofit,
and prohibiting any groups that receive personal information
from DFG from sharing or selling that personal information to
any other third parties without the individual's written
consent. Committee staff also recommends a technical amendment
on page 2, line 6. After "voluntarily" strike "release" and
insert "authorize the release of". To address the ambiguities
described above, the committee may also wish to strike
subsections (f) and (g) on page 3, and amend subsection (e) to
read as follows:
(e) As used in this section, "nonprofit conservation
organization" means a nonprofit organization the department has
determined meets all of the following: (1) is a 501c3
organization as defined in the Internal Revenue Code, that (2)
is registered with the Attorney General and determined to be
eligible by the department that , (3) has goals and objectives
directly related to the conservation and management of fish and
game species, and (4) in the previous three calendar years, has
entered into a contract or other agreement with the department
to perform habitat or other wildlife conservation work,
facilitate fishing or hunting opportunities for the public , or
raise funds on behalf of the department, including but not
limited to the sale of hunting fundraising tags or related
items.
Strike (f) and (g).
Add: A nonprofit conservation organization that receives
contact information from the department pursuant to this section
is prohibited from sharing that information with any other third
party without the prior written consent of the individual to
whom the contact information applies.
REGISTERED SUPPORT / OPPOSITION :
SB 752
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Support
California Outdoor Heritage Association (sponsor)
California Waterfowl Association
California Council of Land Trusts
Opposition
PAW PAC
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096