BILL NUMBER: SB 752AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 30, 2011 AMENDED IN ASSEMBLY JUNE 20, 2011 AMENDED IN SENATE MAY 3, 2011 AMENDED IN SENATE APRIL 25, 2011 AMENDED IN SENATE APRIL 5, 2011 INTRODUCED BY Senator Berryhill (Coauthor: Assembly Member Chesbro) FEBRUARY 18, 2011 An act to add Section 1065 to the Fish and Game Code, relating to entitlements. LEGISLATIVE COUNSEL'S DIGEST SB 752, as amended, Berryhill. Entitlements: voluntary donations. Under existing law, all licenses, permits, tags, reservations, and other entitlements authorized by the Fish and Game Code are prepared and issued by the Department of Fish and Game. 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 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 voluntarily authorize the release of contact information to nonprofit conservation organizations, as defined, through means of a checkoff box, or through other means the department determines to be appropriate. The bill would require the department to annually transmit contact information to the designated nonprofit conservation organization and would prohibit a nonprofit conservation organization that receives contact informat ion from the department from sharing that information with any other 3rd party without the prior written consent of the individual to whom the contact information applies . The bill would authorize the department to impose a charge on a nonprofit conservation organization to recover the direct reasonable costs of administering these provisions. 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 1065 is added to the Fish and Game Code, to read: 1065. (a) A person to whom 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 voluntarily release authorize the release of his or her contact information to eligible nonprofit conservation organizations through means of a checkoff box, or through other means the department determines to be appropriate. (b) A nonprofit conservation organization seeking to receive contact information pursuant to this section shall submit, once every three years, a letter to the department providing evidence that it meets the criteria set forth in subdivision (e). If the department determines that the nonprofit organization is eligible, it shall include the entity in the check off checkoff box or other means determined pursuant to subdivision (a). (c) Notwithstanding Section 1050.6, the department shall annually transmit contact information collected pursuant to subdivision (a) to the designated nonprofit conservation organization. (d) The department may impose a charge on a nonprofit conservation organization included in the check off checkoff box or other means determined pursuant to subdivision (a) that shall not exceed the reasonable costs associated with the direct administration of this section. (e) As used in this section, "nonprofit conservation organization" means a nonprofit organization, as defined in the Internal Revenue Code, that is registered with the Attorney General and determined to be eligible by the department that has goals and objectives directly related to the conservation and management of fish or game species, and, 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 the sale of hunting fundraising tags or related items. (f) Any advertising materials produced pursuant to this section are subject to Section 211. (g) The department may develop policies and procedures to implement this section, including, but not limited to, those specified in Section 1054.8. means an entity that the department determines meets all of the following: (1) It is a nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), that is exempt from taxation under Section 501 (a) of that code (26 U.S.C. Sec. 501(a)). (2) It is registered with the Attorney General. (3) Its goals and objectives are directly related to the conservation and management of fish and game species. (4) In the previous three calendar years, it has entered into a contract or other agreement with the department to perform habitat or other wildlife conservation work, or to raise funds on behalf of the department, including, but not limited to, the sale of hunting fundraising tags or related items. (f) 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.