BILL ANALYSIS �
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VETO
Bill No: SB 752
Author: Berryhill (R), et al.
Amended: 9/2/11
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 9-0, 4/26/11
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : 9-0, 5/26/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
SENATE FLOOR : 40-0, 6/1/11
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Runner, Simitian, Steinberg, Strickland, Vargas, Walters,
Wolk, Wright, Wyland, Yee
ASSEMBLY FLOOR : 74-3, 9/8/11 - See last page for vote
SENATE FLOOR : 38-0, 9/9/11
AYES: Anderson, Berryhill, Blakeslee, Calderon, Cannella,
Corbett, Correa, De Le�n, DeSaulnier, Dutton, Emmerson,
Evans, Fuller, Gaines, Hancock, Harman, Hernandez, Huff,
Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete
McLeod, Padilla, Pavley, Price, Rubio, Runner, Steinberg,
Strickland, Vargas, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Alquist, Simitian
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SB 752
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SUBJECT : Entitlements: voluntary donations
SOURCE : California Outdoor Heritage Alliance
DIGEST : This bill 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.
Assembly Amendments (1) clarify that nonprofit conservation
organizations eligible to obtain contact information of
individuals who are issued permits or licenses from DFG,
through means of an online voluntary checkoff box, include
organizations that have entered into an agreement,
including but not limited to, a license, easement,
memorandum of understanding or lease, with DFG to perform
habitat or other wildlife conservation work, (2) provide
that if a nonprofit conservation organization violates the
prohibition in this bill against sharing of personal
contact information with other third parties without the
prior consent of the individual to whom the contact
information applies, DFG shall remove the organization from
the checkoff box, and the organization shall not be
eligible to receive contact information under this bill
until at least five years after the date the organization
was determined ineligible, (3) authorize DFG, upon
appropriation of the Legislature, to use moneys generated
from the surcharge placed on entitlements purchased through
DFG's Automated License Data System (ALDS) to pay a
reasonable portion of the costs of making changes to the
ALDS necessary to implement this bill, and (4) prohibit DFG
from implementing this bill until the Fish and Game
Commission, by a majority vote, determines there is
sufficient interest among nonprofit conservation
organizations to allow DFG to recover, over a three-year
period, startup and ongoing costs of implementing this
bill.
ANALYSIS :
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Existing law:
1. Requires all licenses, permits, tags, reservations, and
other entitlements authorized by the Fish and Game Code
to be prepared and issued by DFG.
2. Authorizes specified persons to obtain tags or stamps
for the taking of specific animals or aquatic species,
if certain requirements are met.
This bill:
1. Requires DFG to give a person to whom a license, permit,
reservation, tag or other entitlement is issued through
the ALDS, the opportunity to voluntarily authorize
release of their personal contact information to
eligible nonprofit conservation organizations through
means of a checkoff box or other means DFG determines
appropriate.
2. Authorizes nonprofit conservation organizations seeking
to receive the personal contact information of persons
who purchase hunting and fishing licenses from DFG, to
submit a letter, in a manner determined by DFG, 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 checkoff 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
checkoff 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 an eligible nonprofit conservation organization
to mean an entity that DFG determines meets all of the
following:
A. Is a 501(c)(3) tax exempt nonprofit organization
as defined in the Internal Revenue Code and is
registered with the Attorney General.
B. Has goals and objectives directly related to the
conservation and management of fish and game species.
C. In the prior three calendar years has entered into
a contract or other agreement, including but not
limited to, a license, easement, memorandum of
understanding, or lease, with DFG to perform habitat
or other wildlife conservation work, or to raise
funds on behalf of DFG, including, but not limited
to, the sale of hunting fundraising tags or related
items.
6. Prohibits a nonprofit organization that receives contact
information from DFG from sharing that information with
any other third party without the prior written consent
of the individual to whom the contact information
applies. Requires DFG to remove the organization from
the checkoff box if the organization violates this
requirement, and provides that the organization shall
not be eligible to receive contact information under
this bill for at least five years after the date the
organization is determined ineligible.
7. Authorizes DFG, upon appropriation of the Legislature,
to use moneys generated from the surcharge on
entitlements purchased through DFG's ALDS to pay a
reasonable portion of the costs of making changes to the
ALDS necessary to implement this bill.
8. Prohibits DFG from implementing this bill until the Fish
and Game Commission, by a majority vote, determines
there is sufficient interest among nonprofit
conservation organizations to allow DFG to recover, over
a three-year period, startup and ongoing costs of
implementing this bill.
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Background
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee:
1. Potential one-time costs to DFG to make programming
changes to ALDS to allow a person applying for a license
to indicate his or her preference to make his or her
contact information available to nonprofit conservation
organizations (Fish and Game Preservation Fund (FGPF)).
2. Potential minor ongoing costs, in the tens of thousands
of dollars annually, to DFG to administer the
contact-information-sharing program (FGPF).
3. Potential annual fee revenue of an unknown amount,
possibly sufficient to cover DFG's start-up and ongoing
costs (FGPF). Actual fee revenue will depend upon the
willingness of nonprofit conservation organizations to
participate in the program, which will be influenced by
the amount of the fees charged by DFG to each
organization. The amount DFG charges to each
organization will depend upon the amount of start-up and
ongoing costs incurred by DFG, as well as the number of
nonprofits seeking to participate in the program over
which DFG can spread its costs. Should few nonprofits
seek to participate, the amount DFG will need to charge
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each nonprofit may be so high as to dissuade
participation in the program. The latest amendments may
decrease the likelihood that this would occur.
SUPPORT : (Verified 8/22/11)
California Outdoor Heritage Alliance (source)
California Council of Land Trusts
California Waterfowl Association
OPPOSITION : (Verified 8/22/11)
Paw PAC
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 : Paw PAC writes that the bill
"is unnecessary and bad precedent for licensing agencies."
GOVERNOR'S VETO MESSAGE:
"I am returning Senate Bill 752 without my signature.
This bill would require the Department of Fish and Game
(DFG) to provide license purchasers the option of
releasing their contact information to qualified
non-profit conservation organizations at the time of
their license purchase.
California's non-profit conservation organizations play a
valuable role in protecting our state's fish and wildlife
resources.
I am directing the DFG to work with the author on a bill
next year after our new database has matured a year and
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the Department can better ascertain the implications of
sharing personal information."
ASSEMBLY FLOOR : 74-3, 9/8/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Buchanan, Butler, Charles Calderon, Campos, Carter,
Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Monning, Morrell, Nestande, Nielsen,
Norby, Olsen, Perea, V. Manuel P�rez, Portantino, Silva,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, John A. P�rez
NOES: Beall, Brownley, Yamada
NO VOTE RECORDED: Gorell, Mitchell, Pan
CTW:mw 1/4/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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