California 2011 2011-2012 Regular Session

California Senate Bill SB752 Amended / Bill

Filed 04/05/2011

 BILL NUMBER: SB 752AMENDED BILL TEXT AMENDED IN SENATE APRIL 5, 2011 INTRODUCED BY Senator Berryhill (Coauthor: Assembly Member Chesbro) FEBRUARY 18, 2011 An act to add Section 3032 to the Fish and Game Code, relating to entitlements. LEGISLATIVE COUNSEL'S DIGEST SB 752, as amended, Berryhill.  Hunting entitlements:   Entitlements:  voluntary donations. Existing law requires each person who takes birds or mammals in California to apply for, and be granted, a hunting license. Existing law authorizes specified persons to obtain tags or stamps for the taking of specific animals or aquatic species, if certain requirements are met. This bill would require that a person to whom a  hunting  license, permit, reservation, tag, or other entitlement is issued pursuant to the Automated License Data System have the opportunity at the time of issuance to make a voluntary donation, or release contact information, or both, to  eligible nonprofit organizations   nonprofit hunting organizations  , as defined, through means of a check-off box, or through other means the department determines to be appropriate. The bill would require the department to annually transmit collected donation revenues and contact information to the designated  eligible  nonprofit  hunting  organization. The bill would authorize the department,  in order  to cover its direct administrative costs  of implementation  , to impose a  charge on an eligible nonprofit organization for a reasonable percentage of the total annual donations collected for the organization   fee on a nonprofit hunting organization, not to exceed 3% of the total annual donations collected for the nonprofit hunting organization  . Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 3032 is added to the Fish and Game Code, to read: 3032. (a) A person to whom  a hunting   any  license, permit, reservation, tag, or other entitlement is issued pursuant to the Automated License Data System shall have the opportunity at the time of issuance to make a voluntary donation, or release contact information, or both, to  eligible nonprofit   nonprofit hunting  organizations through means of a check-off box, or through other means the department determines to be appropriate. (b) A nonprofit organization seeking to receive donations or contact information pursuant to this section shall annually submit a letter to the department providing evidence that it meets the  definition of an eligible nonprofit organization as set forth in   criteria set forth in  subdivision (e). If the department determines that the nonprofit organization is eligible, it shall include the  nonprofit organization   entity  in the check-off box or other means determined pursuant to subdivision (a). (c) The department shall annually transmit donation revenues and contact information collected pursuant to subdivision (a) to the designated  eligible nonprofit   nonprofit hunting  organization.  (d) In order to cover the direct administrative costs incident to implementing this section, the department may impose a charge on an eligible nonprofit organization for a reasonable percentage of the total annual donations collected for the organization pursuant   (d)     To recover its direct administrative costs of implementing this section, the department may impose a fee on a nonprofit hunting organization, not to exceed 3 percent of the total annual donations collected for the nonprofit hunting organization pursuant  to this section. (e) As used in this section,  "eligible nonprofit   "nonprofit hunting  organization" means a nonprofit  organization, as defined in Section 501(c)(3) of   hunting organization, as defined in  the Internal Revenue Code, and determined to be eligible by the department that has goals and objectives directly related to the conservation and management of game species and primarily represents the interests of persons licensed pursuant to Section 3031.  (f) Donations made to a nonprofit hunting organization may be eligible for tax deductions as provided in the Internal Revenue Code. The department shall provide a written receipt for any donation made pursuant to this section.   (g) Any advertising materials produced pursuant to this section are subject to Section 211.   (h) The department may develop policies and procedures to implement this section, including, but not limited to, those specified in Section 1054.8.