BILL ANALYSIS �
SB 1107
Page 1
Date of Hearing: June 26, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
SB 1107 (Berryhill) - As Amended: June 19, 2012
SENATE VOTE : 38 - 0
SUBJECT : Nonprofit conservation groups on Automated Licensing
Data System
SUMMARY : This bill would authorize the Department of Fish and
Game (DFG) to place a logo and link to the website of certain
nonprofit conservation groups on the Automated Licensing Data
System (ALDS). Specifically, this bill :
1)Allows certain nonprofit conservation organizations seeking
promotion, exposure and awareness, the ability to have their
logo or approved graphic displayed on the ALDS Online License
Service website.
2)States that to be eligible, the nonprofit conservation group
must be a 501(c)3 organization; be registered with the
Attorney General; have goals and objectives related to the
conservation of sport fish or game species; and have entered
into a contract or other agreement with DFG to perform habitat
or other wildlife conservation work, to provide hunting or
fishing opportunities for the public, to raise funds on behalf
of the department, or to provide assistance to DFG that is
consistent with the DFG's mission within the past 3 years.
3)States that the nonprofit conservation group must submit an
annual letter providing evidence of continued eligibility.
4)Allows DFG to impose a charge on the nonprofit conservation
organization to recuperate costs associated with
administration of placing the logo on the website.
5)States that the collected revenue be deposited in the Fish and
Game Preservation Fund to pay all initial and ongoing costs
associated with the direct administration of implementation of
the online logo and link.
6)Sets January 1, 2015 as an implementation date if DFG
determines such a date is feasible.
SB 1107
Page 2
EXISTING LAW
1)Every person, except in rare situations, must purchase a
license for the take of fish, birds, and mammals from DFG.
2)The take of certain fish, birds and mammals also requires an
additional stamp or tag.
3)Licenses and tags can currently be purchased through either a
paper license system or through the new online ALDS.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
DFG is in the process of phasing out their current paper license
system and replacing it with ALDS. Phase I, the siting of kiosks
for selling licenses and establishing an ALDS website for the
public to use, ended in late 2011. DFG is now in the midst of
Phase II, focusing on internal improvements to the system,
adding new functionality, and other tasks, which is estimated to
be completed in 2014.
ALDS allows for enhanced outreach to the fishing and hunting
communities. The primary purpose of this bill is to put more
anglers and hunters in touch with conservation efforts done by
nonprofit organizations.
Prior Legislation: SB 752 (2011) was similar to SB 1107 in that
it would have provided a link to a nonprofit organization's
website. In addition, SB 752 would have required DFG to provide
license purchasers the option of releasing their contact
information to qualified nonprofit organizations. SB 752 was
vetoed to allow ALDS to be further developed and to allow DFG
time to better ascertain the implications of sharing personal
information. SB 1107 removed the releasing of personal
information to amend concerns and delays implementation to 2015.
Arguments in support: The author states "Nonprofit
conservation/sportsmen's groups provide critical assistance to
DFG in conserving wildlife and their habitat?. Assisting
sportsmen non-profit organizations by providing a means for
additional sportsmen to be in contact with nonprofit
SB 1107
Page 3
conservation/sportsmen's groups, 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. DFG would also be assisting the nonprofits in their
educational outreach."
Arguments in opposition: Opposition states that "when any state
law mandates the purchase of licenses, stamps, tags, and/or
other entitlements from a regulatory agency, any perceptions of
favoritism must be avoided?. Allowing logo-links on any
regulatory website is akin to an endorsement?. SB 1107
facilitates DFG's having discretionary preference to determine
if a nonprofit conservation organization meets its eligibility
requirements. However, the requirements are skewed in order to
favor only the organizations desired by DFG? �This bill] negates
DFG's obligation to serve all Californians, and not just those
who engage in recreational killing? and stipulates that the only
organizations to benefit from logo-link will be those whose
goals and objectives are directly related to the conservation of
sport fish or game species? Thus conservation groups that
preserve habitat? would be excluded."
REGISTERED SUPPORT / OPPOSITION :
Support
California Fish and Game Commission
California Waterfowl Association
Opposition
Paw Pac
Public Interest Coalition
Analysis Prepared by : Mandy Arens / W., P. & W. / (916)
319-2096