CAA positions on bills before the California Legislature - 2009

The California Animal Association (CAA) has taken positions on bills affecting animals pending in the California legislature. Bills are separated by the species they affect and include a bill number, author, description and CAA’s position.

Bills Affecting Companion Animals
Bills Affecting Farmed Animals
Bills Affecting Wildlife
Bills Affecting Animal Protectionists

Bills Affecting Companion Animalsreturn

AB 1122 – Assemblymember Lieu
Animal abuse, sale of live animals
CAA Position: Sponsor, support
Every year, dogs, cats, birds and reptiles are sold alongside the road and in parking lots. Oftentimes, they are housed in overcrowded, unsanitary conditions and have not received proper veterinary treatment. AB 1122 would ban the selling of animals in commercial parking lots and along the road. It would NOT prohibit adoption events held by non-profit rescues or public shelters.
Link
Status: Senate Appropriations Passed Asm. Business & Professions, Asm. Appropriations, Asm. Floor, Sen Public Safety
What you can do: Write a letter or SUPPORT to Assemblymember Lieu - contact information.

AB 233 – Assemblymember Smyth
Personal income tax, pet adoption fees
CAA Position: Support
Summary: This bill would allow for taxable years beginning on or after January 1, 2010, and before January 1, 2015, a deduction under that law for the qualified costs paid or incurred during the taxable year by a taxpayer for the adoption of pets from a qualified animal rescue organization, as defined.
Link
Status: Placed on suspense in appropriations

AB 241 – Assemblymember Nava
Dog and cat breeders – number of intact animals
CAA Position: Support
This bill would make it a misdemeanor for an individual or business that buys or sells dogs or cats to have more than a combined total of 50 dogs and cats with intact sexual organs. Exempts publicly run animal shelters, research facilities, pet stores and veterinary facilities. Violators would be guilty of a misdemeanor.
Link
Status: Sen Appropriations
What you can do: Write a letter of SUPPORT to Assemblymember Nava - contact information

AB 242 – Assemblymember Nava
Dog fighting, spectators
CAA Position: Support
The crime of being a spectator at a dogfight is a misdemeanor punishable by imprisonment in a county jail not to exceed one year, or by a fine not to exceed $5,000 or by both imprisonment and fine.
Link
Status: Sen Appropriations
What you can do: Write a letter of SUPPORT to Assemblymember Nava - contact information

AB 243 – Assemblymember Nava
Animal abuse, penalties
CAA Position: Support
This bill would instead provide that upon the conviction of a person charged with animal abuse, as specified, the court shall be required to enter an order enjoining the person from owning, possessing, maintaining, having custody of, residing with, or caring for any animal for specified periods of time. The bill would further provide that any violation of an order shall be treated and punished as a criminal contempt of court or as a misdemeanor. By revising the penalties for an existing crime and by increasing the duties of local humane officers, this bill would impose a state-mandated local program.
Link
Status: Senate Appropriations
What you can do: Write a letter of SUPPORT to Assemblymember Nava - contact information

AB 490 – Assemblymember Smyth
Pet Store Animal Cruelty Act modifications
CAA Position: Neutral
This bill would revise the definition of a pet store to exclude the selling or offering for sale animals for purposes directly related to an agricultural operation for the commercial growing and harvesting of crops or the raising of livestock or poultry on a farm or a ranch. This bill would, instead, provide that a rodent or rabbit that is intended as food for another animal may be destroyed by a pet store operator or employee only in accordance with specified conditions, and only if the pet store operator or employee is certified, in writing, by a California-licensed veterinarian, as provided. The certification would be valid for no longer than 3 years, and could be renewed for additional 3-year periods. The pet store operator would be required to retain the certification.
Link
Status: Senate Appropriations, 8/17

AB 1224 – Assemblymember Eng
Hit and run, animals
CAA Position: Support
This bill would require the driver of any vehicle involved in an accident resulting in an injury to a dog, a cat, or livestock to stop the vehicle at a safe location and contact proper authorities.
Link
Status: Failed, reconsideration granted

SB 250 – Senator Florez
Spay/neuter of dogs and cats
CAA Position: Neutral
This bill would provide, in addition, that no
person may own, keep, or harbor an unaltered and unspayed dog, except as specified. It would make it is unlawful for any person who owns, keeps, or harbors any unspayed or unaltered cat 6 months of age or older to allow or permit that unspayed or unaltered cat to remain outdoors. It would require an owner or custodian of an unaltered cat to have the animal spayed or neutered, or provide a certificate of sterility. It would allow an unaltered dog license to be denied, revoked, and reapplied for, as specified, and the licensing agency to utilize its existing procedures for any appeal of a denial or revocation of an unaltered dog license. This bill would require an owner or custodian who offers any unaltered dog or cat for sale, trade, or adoption to meet specified requirements. It would permit an administrative citation, infraction, or other authorized penalty for a violation of certain provisions to be imposed only if the owner or custodian is concurrently cited for another violation under state or local law, as specified. It would require, if an unaltered dog or cat is impounded pursuant to state or local law, the owner or custodian to meet specified requirements, including paying the costs of impoundment. It would require all costs, fines, and fees collected under the bill to be paid to the licensing agency for the purpose of defraying the cost of the implementation and enforcement of the bill. By creating new crimes and imposing new duties on local animal control agencies, this bill would impose a state-mandated local program upon local governments.
Link
Status: Placed on suspense

SB 318 – Senator Calderon
Dogfighting forfeitures
CAA Position: Support
Intent language: This bill would provide forfeiture procedures for certain property connected with the crime of dogfighting, as specified. The bill would state findings and declarations of the Legislature in that regard, and the intent of the Legislature in connection with the forfeiture proceeding provisions. By imposing additional duties on local prosecuting agencies, this
bill would impose a state-mandated local provision. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Link
Status: Assembly

SB 762 – Senator Aanestad
Professions & Vocations, healing arts
CAA Position: Oppose
Existing law makes it unlawful for a city or county to prohibit a person, authorized by one of the agencies of the Department of
Consumer Affairs to engage in a particular business, from engaging in that business, occupation, or profession or any portion thereof.
This bill would also make it unlawful for a city, county, or city and county to prohibit a healing arts licensee from engaging in any
act or performing any procedure that falls within the professionally recognized scope of practice of that licensee, but would prohibit construing this provision to prohibit the enforcement of a local ordinance effective prior to January 1, 2010, as specified.
Link
Status: Chaptered

Bills Affecting Farmed Animals return

AB 1437 – Assemblymember Huffman
Shelled eggs; sale of
CAA Position: Support
Existing law, enacted as Proposition 2, an initiative measure approved by the voters at the November 4, 2008, statewide general election, establishes, commencing January 1, 2015, specified farm animal treatment standards. This bill would, commencing January 1, 2015, prohibit the sale of a shelled egg for human consumption if it is the product of an egg-laying hen that was confined on a farm or place that is not in compliance with those animal care standards and would make violations of these provisions a crime. This bill would declare that its provisions are severable. By creating a new crime, this bill would impose a state-mandated local program.
Link
Status: May be introduced again later

SB 135 – Senator Florez
Tail docking, cattle
CAA Position: Support
This bill would prohibit, with exceptions, the docking of cattle tails, unless performed by a veterinarian with anesthesia.
Link
Status: Asm. Appropriations
What you can do: Write a letter of SUPPORT to Senator Florez - contact information

SB 416 – Senator Florez
Antibiotics in livestock
CAA Position: Neutral
This bill would authorize a school district to make every effort to purchase meat products that have not been treated with nontherapeutic antibiotics.
Link
Status: Senate inactive file

Bills Affecting Wildlifereturn

AB 708 – Assemblymember Huffman
Fish and Wildlife; poaching
CAA Position: Support
This bill would establish specific minimum and unspecified maximum fines for certain violations of existing law relating to unlawful taking and possession, where the Department of Fish and Game determines the value of the in fish or wildlife unlawfully taken or possessed is in excess of $400. The bill would make legislative findings and declarations relating to poaching.
Link
Status: Senate Appropriations, 8/17

AB 883 – Assemblymember Huffman
Dept of Fish & Game
CAA Position: Monitoring
This bill would state the intent of the Legislature to enact legislation that would enhance the effectiveness, accountability, and capacity of the department to fulfill its public trust mission, take steps necessary to fulfill specified policy goals, and identify changes in organizational structure or statutory authorities that would enable the department and the state to more efficiently and
effectively provide for the protection, conservation, and management of the state's fish and wildlife.
Link
Status:

AB 979 – Assemblymember Berryhill
Hunting/fishing, local regulations
CAA Position: Oppose
This bill would provide that the state fully occupies the field of hunting and fishing but permits a city or county to adopt an ordinance regulating hunting and fishing within its jurisdiction, if the ordinance is both necessary for public health and safety and only incidentally effects the state preemption of the field of fish and hunting.. The bill would also provide that unless otherwise expressly authorized by the Fish and Game Code or other state or federal law, the commission and the department are the only entities that may adopt or promulgate regulations regarding the taking of fish and game on any lands or waters within the state, except as specified.
Link
Status: Senate Appropriations, 8/17

AB 1052 – Assemblymember Caballero
Bay Delta fishing stamp repeal
CAA Position: Neutral
Existing law prohibits a person from sport fishing in the tidal waters of the San Francisco Bay Delta and the main stem of the Sacramento and San Joaquin Rivers, including major tributaries, below the most downstream dam, unless he or she first obtains a Bay-Delta Sport Fishing Enhancement Stamp or validation and affixes that stamp or validation to a valid sport fishing license
This bill would delete that repeal, and, instead, make the stamp or validation requirement inoperative as of January 1, 2010.
Link
Status: Senate Appropriations, 8/17

AB 1189 – Assemblymember Skinner
Fish passages
CAA Position: Neutral
The bill would require the department to prioritize remediation projects that complement planned or active restoration efforts. The bill would require the department to complete an assessment of potential barriers to the passage of anadromous fish prior to commencing any maintenance project using state or federal transportation funds. The bill would require the assessment for a transportation project that affects a stream crossing on a stream where anadromous fish are, or historically were, found to include the status of barriers, as
specified.
Link
Status:

AB 1423 – Assemblymember Berryhill
Commercial hunting clubs
CAA Position: Oppose
Existing law authorizes the department to regulate commercial hunting clubs. Existing law requires a person in possession or control of property who imposes or collects a fee for the privilege of taking birds or mammals on that property, or who imposes or collects a fee for any type of entry or use permit that includes the privilege of taking birds or mammals on that property, to obtain a commercial hunting club license from the department, as prescribed. This bill would recast those provisions to establish a number of exemptions from having to obtain a commercial hunting club license.
Link
Status: Senate Appropriations, 8/17

ACA 11 – Assemblymember Berryhill
Hunting in the state
CAA Position: Oppose
California Constitution authorizes the Legislature to delegate to the Fish and Game Commission powers relating to the protection and propagation of fish and game. Existing statutory law delegates to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibia, and reptiles in accordance with prescribed laws. Under existing law, the Department of Fish and Game exercises various functions with regard to the taking of fish and game. This measure would establish the right to hunt and take game in the state.
Link
Status: 2-yr bill

AJR 8 – Assemblymember Monning
Swordfish importation
CAA Position: Neutral
This measure requests the United States government to restrict swordfish imports unless and until there is a process by which a nation seeking to export swordfish or swordfish products to the United States provides reasonable proof of the effects on marine mammals of the commercial fishing technology used to obtain the swordfish or swordfish products, and the National Marine Fisheries Service receives that proof and determines that it demonstrates that the swordfish or swordfish products to be imported were not caught with commercial fishing technology that results in the incidental kill or incidental serious injury of marine mammals in excess of United States standards.
Link
Status: Adopted

SB 21 – Senator Simitian
Derelict fishing gear; recovery
CAA Position: Neutral
Summary: This bill would require the department, in collaboration with the council, by January 1, 2011, to recommend to the commission sustainable funding sources for a program for the prevention of the loss of fishing gear and for the recovery of derelict fishing gear, as defined. The bill, on and after July 1, 2012, would require a person who loses commercial fishing gear, and certain commercial passenger fishing vessels, to report, in the manner prescribed by the department, in collaboration with the council, the location at which the fishing gear was lost, the name and fishing identification number of the person owning the fishing gear and of the person fishing with the gear if different than the owner, and the type of lost fishing gear within 48 hours of losing the fishing gear and returning to port On and after July 1, 2012, all traps and trawl nets deployed in the waters of the state would be required to be tagged or coded, in the manner prescribed by the department, in collaboration with the council, with specified information to aid in the identification of the source of any derelict fishing gear.
Link
Status: Sen Appropriations, placed on suspense.

SB 286 – Senator Aanestad
Scientific Collectors Permits
CAA Position: Neutral
This bill would authorize the issuance of a permit, on the payment of a specified fee, for scientific purposes to a California-certified small business, an aquarium accredited by the Association of Zoos and Aquariums, or other appropriate institution, in the name of a principal scientific investigator or the permitted entity. The bill would authorize the department to approve individual temporary employees or volunteers to work under the permit, after receiving notification from the permittee. The bill would make it a misdemeanor for a permittee to allow a temporary employee or volunteer to work under a permit without approval from the
department, creating a new crime, and thereby imposing a state-mandated local program.
Link
Status: Asm. Floor

SB 481 – Senator Cox
Wildlife; airports
CAA Position: Neutral
This bill would provide that, notwithstanding any other provision of law, a public use airport certificated by the Federal Aviation
Administration operating in the state that takes wildlife to protect public safety pursuant to federal law, including a federal
depredation permit, does not violate state fish and game laws.
Link
Status: Asm. Floor

SB 589 – Senator Harman
Wildlife hunting; accounts
CAA Position: Neutral
This bill would establish the Wildlife Management Areas Hunting Programs Account within the fund to permit separate accountability for the receipt and, subject to appropriation, the prescribed expenditure of revenues from wildlife management area use. The bill would establish the Upland Game Bird Account within the fund to permit separate accountability for the receipt and, subject to appropriation, the prescribed expenditure of revenues from upland game bird validations and stamps. The bill would establish the Big Game Account within the fund to permit separate accountability for the receipt and, subject to appropriation, the prescribed expenditure of revenues from antelope, elk, deer, wild pig, bear, and bighorn sheep tags.
Link
Status: Senate unfinished business

SB 609 – Senator Hollingsworth
Import of alligator or crocodile parts
CAA Position: Oppose
Existing law makes it a crime to import into California for commercial purposes, to possess with intent to sell, or to sell any
part or product of the dead body of a crocodile or alligator. This bill would delete the above crime, thereby making it legal to
engage in those acts relating to the importation into California of crocodile and alligator parts.
Link
Status: Chaptered

SB 753 – Senator Cedillo
Kangaroos
CAA Position: Oppose
Existing law generally provides that it is a crime to import for commercial purposes, possess with intent to sell, or sell any part or
product of the dead body of a kangaroo, subject to specified misdemeanor penalties for each violation. However, until January 1, 2011, exception is made for kangaroos that may be harvested lawfully under Australian national and state law, the federal Endangered Species Act of 1971, and applicable international conventions, under specified conditions. This bill would make the prohibition against importation for commercial purposes inapplicable to the dead body of any kangaroo. It would delete the exception and the January 1, 2011, termination date.
Link
Status: 2-yr bill

Misc Bills return

SB 220 – Senator Yee
Whistleblower Protections
CAA Position: Support
This bill would in addition provide that the act applies to former employees, as specified, and prohibits retaliation in the form of decreasing the job responsibilities of an employee's normal workload.
Link
Status: Asm. Floor

 

Last updated July 25, 2009