BILL NO.
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AUTHOR(S)
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SUBJECT
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STATUS
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TAC'S ACTION
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S.R. 4 Introduced 12/5/16
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Kevin De León (D-24) Los Angeles
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Senate Resolution 4 is relative to the Standing Rules of the Senate for the 2017–18 Regular Session.
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In effect.
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S.B. 72 Introduced 1/10/2017
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Holly J. Mitchell (D-30) Los Angeles
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SB 72 is Budget Act of 2017. Animal related provisions same as AB 96.
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Com on Budget & Fiscal Review 1/11/17
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S.B. 216 Introduced 2/1/2017
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John Moorlach (R-37) Costa Mesa
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As introduced, AB 216 is a spot bill making non-substantive changes to Civil Code Section 656 regarding ownership of wild animals only when on property of the claimant under certain circumstances.
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SPOT BILL 2/9 Com on Rules
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S.B. 546 Introduced 2/16/17
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Jerry Hill (D-13) San Mateo
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As introduced, SB 546 would add to Business and Professions Code, Division 2, Chapter 11, Veterinary Medicine, a new Article 7, Pharmacy, Section 4920 to be known as Lizzie's Law, a detailed new requirement for veterinary practices to provide drug information and counseling to clients for each drug to be used in nonemergency situations and outpatient settings as well as a poster or video display containing 4 specific consumer rights. Amended in Senate, April 17, 2017 to delete some provisions of original bill opposed by vet interests and add other provisions unrelated to drug issue. SEN Com on Bus, Profs & Econ Dev Policy Analysis, April 20, 2017
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SEN Com Bus, Profs & EconDev Hrg 4/17, postponed by Com, Hrg 4/24 pass 7-0(2)
SEN Approps Hrg 5/15 SUSPENSE File Release hrg 5/25 Held in committee and under submission.
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S.B. 602 Introduced 2/17/16/7
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Benjamin Allen (D-26) Santa Monica Scott D. Weiner (D-11) San Francisco
Source: Bee Smart California
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As introduced, SB 602 would further protect the endangered bee populations from the neonicotinoid class of chemicals by supplementing existing law with added provisions to the Food and Agricultural Code, in particular, a new Article 4.5 (commencing with Section 14085) added to Chapter 3, Restricted Materials, of Division 7 prohibiting noncommercial use of neonicotinoids (as defined) by January 1, 2019 EXCEPT “(1) Products sold or applied by veterinarians. (2) Pet care products used to mitigate fleas, mites, ticks, heartworms, or other animals that are harmful to the health of a domesticated animal. (3) Pet care products use to mitigate lice and bedbugs. (4) Indoor pest control products used to mitigate insects indoors, including ant bait.” SEN Com on Environmental Quality Policy Analysis, March 29, 2017 Senate Floor Analysis, March 30, 2017 Amended in Senate, April 6, 2017 to delete the exception (above) for pet products because the entire Section that would have defined neonicotinoids and prohibited their commercial use is deleted. The remaining provision is amended to add to the original list of chemicals, i.e. those included in the requirement to label commercially available seeds and plants sold at retail establishments. (Ed. note, pet products will not be included in labeling requirements for chemicals harmful to bees.) Senate Floor Analysis, April 25, 2017 Amended in Senate, January 22, 2018 to amend Section 7065 of the Fish and Game Code to require an annual report provided on or after January 1, 2019 to be posted on the department’s Internet Web site within 24 hours of the date on which the director makes the report to the commission.
American College of Veterinary Preventive Medicine: Honey Bees: A New Species for Veterinarians_ 3-23-2017 Webinar
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SEN Com on Environmental Quality Hrg 3/29 pass 5-2
SENATE 3rd RDG 6/1 6/5/17 Ordered to inactive file on request of Senator Allen.
1/22/2018 Senate, 2nd Reading GUT & AMEND TO UNRELATED SUBJECT
2/1/2018 Returned to Secretary of Senate pursuant to Joint Rule 56.
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S.B. 673 Introduced 2/17/17
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Josh Newman (D-29) Fullerton
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As introduced, SB 673 would amend Vehicle Code Section 5168 to substitute the Department of Food and Agriculture in place of the Veterinary Medical Board for purposes of allocation and administration of Pet Lover’s specialized license plates and would authorize rather than require the department to “contract with an entity, including a nonprofit organization, to provide advice, consultation, and administrative services for purposes of implementing and administering the grant program.” Existing law requires, upon allocation by the legislature, disbursement by a nonprofit organization selected by the board to fund grants to providers of no-cost or low-cost animal sterilization services. SEN Com on Transportation & Housing Policy Analysis, April 20, 2017 SEN Com on Appropriations Fiscal Analysis, May 15, 2017 Amended in Senate, May 22, 2017 to substitute Department of Food and Agriculture for "department." ASM Com on Transportation Policy Analysis, July 7, 2017 Amended in Assembly, August 21, 2017 to add findings and mandates for the Department of Food & Ag to implement the program. Amended in Assembly, August 24, 2017 non-substantive amendments. Assembly Com on Appropriations Fiscal Analysis, Aug. 28, 2017 Assembly Floor Analysis, September 1, 2017 Amended in Assembly, September 7, 2017 clarifiying amendments, requiring that veterinary facilities eligible for funding meet all rather than any of specified requirements. Senate Floor Analysis, September 7, 2017
See original related bill, 2011-2012 AB 610 (Solorio) Senate Analysis See related item, Budget Bill Reference, page 3 (AB 96, SB 72) Background VMB Minutes, Pgs 3-4, January 20-21, 2016 See 2015 AB 192, Travis Allen (R-70) Huntington Beach Committee Policy On: SPECIAL INTEREST LICENSE PLATE BILLS
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SEN Com on Transp & Housing Hrg 4/18, cancelled, author rqst Hrg 4/25 pass 13-0 Consent SEN Approps Hrg 5/15 pass 7-0 as amended SENATE 3rd Rdg 5/30 pass 40-0 ASSEMBLY Com on Transportation Hrg 6/26/17 Cancelled at author request Hrg 7/10 pass 14-0
ASM Approps Hrg 8/23 postponed by Committee Hrg 8/30/17 pass to consent, 15-0(1)
Assembly 3rd Rdg 9/11 pass 77-0(2) 9/11 Senate Concurrence 9/12 To Special Consent 9/14 pass 40-0
Enrolled 9/21/2017 9/21/2017 To Governor 10/14/2016 Approved by Governor
CHAPTERED
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H.R. 1 Introduced 12/1/16
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Ken Cooley (D-8) Rancho Cordova
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House Resolution 1 is Relative to the Standing Rules of the Assembly for the 2017–18 Regular Session.
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In effect.
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A.C.R. 75 Introduced 4/25/17
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Frank Bigelow (R-5) O'Neals Revised May 8, add ASM Co-authors:
Source: WESTERN FAIRS ASSOCIATION
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As introduced April 17, 2017, Assembly Concurrent Resolution 75 would designate the month of May 2017 as California Fairgrounds Appreciation Month: WHEREAS, California’s 76 fairgrounds serve the entire state, from the County of San Diego to Del Norte, and from the County of Monterey to Mariposa; and WHEREAS, California’s fairgrounds attracted over 20 million visitors for fairs and events in 2016; and WHEREAS, California’s counties enjoy the year-round economic, recreational, cultural, and social impacts of the fairgrounds; and WHEREAS, California fairgrounds expend and generate millions of new dollars for nonprofit organizations, youth organizations, cities and counties, small businesses, and the state’s General Fund; and WHEREAS, California fairgrounds, after years of fire-related emergency use during the drought years, were again pressed into service for flood evacuations, including the Oroville Dam evacuations; and WHEREAS, California fairgrounds provide public facilities for animals and pets and livestock during good times and bad; and WHEREAS, California’s 76 fairgrounds continue to serve as the social and economic hub of their respective communities; now, therefore, be it Resolved by the Assembly of the State of California, the Senate thereof concurring, That the Legislature hereby designates the month of May 2017 as California Fairgrounds Appreciation Month in appreciation for the services provided to California by the 76 fairgrounds in the state; and be it further Resolved, That the Legislature extends its warmest regards and appreciation to the thousands of volunteers, fair directors, staff, business supporters, and sponsors who keep the California fairgrounds’ network strong, vibrant, relevant, and successful; and be it further Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the author for appropriate distribution. ASM Com on Rules, Policy Analysis, May 5, 2017 Assembly Floor Analysis, May 8, 2017 Senate Floor Analysis, May 17, 2017
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Votes:
ASM Com on Rls 5/8/17 pass 9-0
Adopted by Assembly
SENATE Special Consent Calendar No. 05 5/26 passed 37-0(3)
Engrossing/Enrolling
6/6/17 CHAPTERED
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Emphasis added to text, left.
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A.R.C. 106 Introduce 6/27/2017
Fiscal Committee
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Al Muratsuchi (D-66) Torrance ASM Co-authors: Richard Bloom (D-50) Santa Monica
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As introduced on June 27, 2017, Assembly Concurrent Resolution 106, authored by Assemblymember Al Muratsuchi of Torrance and co-authors, Richard Bloom of Santa Monica and Patrick O'Donnell of Long Beach, would begin with 6 recitals and conclude with 3 substantive elements of a resolution to include California's core value of humane treatment and empathy to companion animals in diplomatic relationships relative to California and its municipalities, as follows: WHEREAS, Throughout the history of California, compassion toward companion animals has been fundamental to the cultures of its people; and WHEREAS, The policy of the State of California has always been to promote the humane treatment of companion animals by eradicating neglect and cruelty of any kind and fostering kindness and empathy toward companion animals in its people; and WHEREAS, California is a national leader in the humane treatment of companion animals in the implementation of its laws, resolutions, and policies, and in the humane education of its people; and WHEREAS, Scientific research has established that the human-animal bond is a mutually beneficial relationship that enriches the lives and improves the health and well-being of companion animals and people alike and is intrinsically linked to respect, kindness, and empathy among people; and WHEREAS, California’s national leadership status is of great value in educational, tourism, and cultural exchanges with other states and with foreign countries; now, therefore, be it Resolved by the Assembly of the State of California, the Senate thereof concurring, That the Legislature recognizes that the humane treatment of companion animals through the eradication of neglect and cruelty and the fostering of kindness and empathy toward companion animals are core principles of the State of California; and be it further Resolved, That the Legislature encourages any agreement or memorandum of understanding entered into, or resolution adopted, that formally declares a “sister state” relationship, or similar relationship of mutual goodwill and bilateral cooperation, between the State of California and a foreign country, state, or city to emphasize the humane treatment of companion animals and the fostering of kindness and empathy toward companion animals as core principles of the State of California; and be it further Resolved, That the Legislature encourages all parties declaring a sister state or similar relationship to include, in that declaration, a joint commitment to promote the humane treatment of companion animals and promote kindness and empathy toward companion animals through laws, resolutions, and policies, and through the humane education of their people; and be it further Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the author for appropriate distribution.
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7/10 ASSEMBLY COM on Arts, Entertainment, Sports, Tourism, & Internet Media
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A.B. 96 Introduced 1/10/2017
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Philip Y. Ting (D-19) San Francisco
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AB 96 is the Budget Act of 2017.
REFERENCE, ANIMAL RELATED PROVISIONS: ASSEMBLY BUDGET BILL
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Com on Budget 1/19/17 1/31/2018 Died pursuant to Art. IV, Sec. 10(a) of the Constitution.
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A.B. 197 Introduced 1/19/2017
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Kevin Kiley (R-6) Rocklin
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As introduced, AB 197 would classify 10 additional offenses as “violent felonies” for sentencing purposes including, “Animal abuse in violation of subdivision (a) of Section 597, if a felony.” Past amendments to California these laws for specified “violent felonies” have been enacted by a series of voter approved state propositions, including the “three strikes” provisions. Laws enacted by propositions can only be amended by 2/3 vote of the legislature. ASM Com on Public Safety Policy Analysis, March 21, 2017
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1/30 ASM Com on Public Safety 3/21 hrg cancelled, author rqst; 2nd hrg, 4/4, cancelled, author rqst
1/31/2018 Died pursuant to Art. IV, Sec. 10(a) of the Constitution.
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A.B. 292 Introduced 2/2/2017
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Marc Steinorth (R-40) Rancho Cucamonga Revised March 8: Coauthors: Republican Assembly Members Baker, Chávez, Chen, Harper, and Mathis 3/21/17 add Coauthor Jordan Cunningham (R-35) Templeton
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As introduced, AB 292 would add to the Revenue and Taxation Code a new Section 17239 to create a new miscellaneous tax deduction (not exceeding 2% adjusted gross income) not to exceed $100 for qualified costs for qualified adoption of a qualified pet, either over 4 years of age or a cat, for taxable years beginning on or after January 1, 2018, and before January 1, 2023. ASM Com on Rev & Tax Policy Analysis, March 13, 2017 Amended in Assembly, March 21, 2017 to add. "This section shall become operative on the effective date of any budget measure that specifically appropriates funds to the Franchise Tax Board for its costs of administering this section." ASM Com on Appropriations Fiscal Analysis, April 3, 2017 See 2015 AB 976, Steinorth, similar topic; also 2016 AB 797 enacted.
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ASM Com on Revenue & Tax HRG 3/13/17 Pass 8-1(1) amended ASM Approps Hrg 4/3 Suspense File Release hrg 5/26 Held under submission.
1/31/2018 Died pursuant to Art. IV, Sec. 10(a) of the Constitution.
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Hearing Audio 3/13/17
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A.B. 411 Introduced 2/9/17
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Richard Bloom (D-50) Santa Monica Al Muratsuchi (D-66) Torrance Patrick O'Donnell (D-70) Long Beach
Source: Los Angeles County District Attorney’s Office
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As introduced, AB 411 would add a new Penal Code Section 868.4 to criminal procedure provisions regarding examination of witnesses provisions to codify authorization, procedure and requirements for a child witness (under 18 at the time of testimony) to be accompanied by a specially designated, trained dog for emotional support while testifying in certain criminal cases. Amended in Assembly, March 8,2017, to require the court to take appropriate measures to minimize the distraction created by the presence of the dog in the courtroom, including requiring the dog to be accompanied by a handler at all times. Assembly Floor Analysis, March 17, 2017 Amended in Assembly, April 17, 2017 to modify mandate for court to grant motion for use of dog, "unless the court finds the use of a therapy or facility dog would cause undue prejudice to the defendant or would be unduly disruptive to the court proceeding;" and adds a clarifying provision, "Nothing in this section limits the use of a service dog, as defined in Section 54.1 of the Civil Code, by a person with a disability." Amended in Senate, June 20, 2017 to replace the mandate to grant the motion for use of the dog to discretionary but require removal of the dog if it would be prejudicial to defendant or disruptive; revises and adds 3 new provisions: (1) It is the intent of the Legislature in adding this section to codify the holding in People v. Chenault (2014) 227 Cal.App.4th 1503 with respect to allowing an individual witness to have a support dog accompany him or her when testifying in proceedings as provided in subdivision (a). (2) Nothing in this section abrogates the holding in People v. Chenault regarding the need to present appropriate jury instructions. (3) Nothing in this section limits the use of a service dog, as defined in Section 54.1 of the Civil Code, by a person with a disability. SENATE Com on Public Safety Policy Analysis, June 27, 2017 Amended in Senate, July 6, 2017 to SENATE Floor Analysis, July 7, 2017 Assembly Concurrence Analysis, September 12, 2017
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ASM Com on Public Safety Hearing 3/14/17 pass 7-0 ASSEMBLY 3rd Rdg pass 4/27 77-0(6)
Senate Com on Public Safety Hrg 5/30 1st hrg cancelled, author request, Hrg 6/27 8:30am pass 7-0 as amended, re-referred, out on 7/5 to
SENATE 7/11 Special Consent 3rd Rdg pass 39-0(1) Assembly concurrence, 9/13/17 79-0 Enrolled
9/20/17 to Governor
9/26/17 Approved by Governor
CHAPTERED
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A.B. 485 Introduced 2/13/17
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Patrick O'Donnell (D-70) Long Beach
Sponsor: Social Compassion in Legislation
3/28 add Principal coauthor: Assembly Member Dababneh (D-45)
4/19 Revised to add co-authors: Assembly: Devon Mathis (R-26) Visalia Senate: Cathleen Galgiani (D-5) Stockton William Monning (D-17) Carmel
5/17 Revised to add ASM co-author: Laura Friedman (D-43) Glendale Note: Mathis deleted
6/19 Amended to add ASM co-authors: Sabrina Cervantes (D-60) Corona; Rocky Chávez (R-79) Oceanside
8/30 Amended to add ASM co-author Ash Kalra (D-27) San Jose
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As introduced, AB 485 is a spot bill declaring intent:: "to enact legislation that would promote the adoption of animals from shelters and rescue groups and encourage humane practices in the purchase of dogs and cats offered for retail sale in California." Amended in Assembly, March 28, 2017 to 1) amend Food & Ag Code Section 31753 covering rescue/adoption opportunity for small pet animals other than dogs and cats to add, "The public or private shelter may enter into cooperative agreements with animal rescue or adoption organizations regarding rabbits that are equivalent to those cooperative agreements authorized in Section 31108 regarding dogs and Section 31752 regarding cats; 2) to add to the Pet Store Animal Care Act a new Health & Safety Code Section 122354.5: "A pet store operator shall not sell a live dog, cat, or rabbit in a pet store unless the dog, cat, or rabbit was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization that is in a cooperative agreement with at least one private or public shelter pursuant to Section 31108, 31752, or 31753 of the Food and Agricultural Code;" and 3) to add the new Section 122354.5 to the existing offense/penalty provision, Section 122356." ASM Com on Business & Professions Policy Analysis, April 18, 2017 Revised in Assembly, April 19, 2017 add co-authors. ASM Com on Appropriations Fiscal Analysis, May 15, 2017 Revised in Assembly, May 17, 2017, delete and add co- authors. Assembly Floor Analysis, May 19, 2017 Amended in Senate, June 19, 2017 • Must maintain source records on each animal sold or provided (sales) space for one year • Must post source documentation on each crate or enclosure • Civil penalty only, $500 per violation per animal • Local governments may enact stricter ordinances • Effective date July 18, 2018 Amended in Senate, June 27, 2017 to • Substitute “rescue” group for nonprofit rescue or adoption organization • Create a new definition of “rescue group” different from other existing statutes • Require rescue groups be tax exempt under IRC Section 501 (c)(3) • Prohibits eligible rescue groups from obtaining animals from breeders or brokers for compensation. • Require sterilization of all dogs and cats “authorized” by this Pet Store Operator restriction as required for shelters and rescues by the 1998 Vincent bill and codified in the referenced sections of the Food and Agricultural Code. • Allows public animal control agencies or shelters to periodically require pet stores engaged in sales of dogs to provide access to source records SENATE Com on Bus, Profs & ED Policy Analysis, July 14, 2017 Amended in Senate, July 19, 2017 to change the effective date to January 1, 2019 Senate Floor Analysis, July 19, 2017 Amended in Senate, August 30, 2017 to amend proposed new Health & Safety Code Section 122354.5 to add cats and rabbits to the provision that "Public animal control agencies or shelters may periodically require pet stores engaged in sales of dogs to provide access to these records;” add a new subsection (d) "(d) A pet store operator who is subject to this section is exempt from the requirements set forth in Article 2 (commencing with Section 122125) of Chapter 5, except for the requirements set forth in Section 122155;" and re-letter subsequent sub-sections. Senate Floor Analysis, August 31, 2017 REFERENCE DOCUMENT FOR NEW SUBSECTION (d)
Amended in Senate, September 7, 2017 to further restrict the exemption from the Lockyer-Polanco-Farr Pet Protection Act for Pet Store Operators selling humane sourced inventory. See REFERENCE DOCUMENT highlighting applicable provisions now including provision of veterinary care, isolation of sick animals and disclosure of known treatments and conditions.
Senate Floor Analysis, August 9, 2017 Assembly Concurrence Analysis, September 13, 2017
INTEGRATED TEXT REFERENCE DOCUMENT, June 28, 2017: CA AB 485, AMENDED JUNE 27, 2017 NOTE: now based on and protective of Los Angeles Municipal Code Section SEC. 53.73. SALE OF COMMERCIALLY BRED DOGS, CATS AND RABBITS IN PET STORES – PROHIBITION. (Amended by Ord. No. 184,265, Eff. 6/8/16.) It shall be unlawful for any person to sell any live dog, cat or rabbit in any pet store, retail business or other commercial establishment located in the City of Los Angeles, unless the dog, cat or rabbit was obtained from an animal shelter or a humane society located in the City of Los Angeles, or a non- profit rescue and humane organization registered with the Department of Animal Services. For purposes of this Section, a rescue and humane organization is defined as a California non-profit corporation that is exempt from taxation under Internal Revenue Code Section 501(c)(3), participates in early age spay/neuter of animals, complies with State and local laws regarding the humane treatment of animals, and whose mission and practice is, in whole or in significant part, the rescue and placement of dogs, cats or rabbits.
INTEGRATED TEXT REFERENCE DOCUMENT, CA AB 485, AMENDED 6/19/2017 -- June 20, 2017 Integrated Text Reference Document, April 17, 2017
Author's Press Release, February 13, 2017 Los Angeles Municipal Code SEC. 53.73. SALE OF COMMERCIALLY BRED DOGS, CATS AND RABBITS IN PET STORES – PROHIBITION
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(3/27) ASM Com on Bus & Profs Hrg 4/18 10:45 am, on call with 8 aye votes pass 10-1(5)
ASM Approps Hrg 5/17 pass 10-4(3)
ASSEMBLY 3rd Rdg 5/30 pass 55-11(14)
SENATE Com on Bus, Profs & Econ Devel Hrg 6/26 per Committee Agenda POSTPONED BY COMMITTEE Hrg 7/17
TIME CHANGE 11 a.m. - Room 3191 AB 485 is the ONLY agenda item
passed, as amended, 7-1(1)
Senate 2nd Rdg 9/12/17 3rd Rdg Item 166 pass 38-0(2)
Assembly, May be considered on or after September 15 pursuant to Assembly Rule 77.
9/13, Rule 77(a) suspended
Assembly Concurrence Item 14 9/14/17 pass 65-3(11)
Enrolled
To Governor, 9/25/17 Noon
10/13/17 Approved by Governor
CHAPTERED
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OPPOSE unless amended
Hearing Audio 4/18/17
Cal Channel Video
Cal Channel Video 5/17/17 ASM Approps scroll down to AB 485
OPPOSE unless amended 6/14/17
OPPOSE unless amended, 6/22/18
Cal Channel Video
Youtube Link - 7/17/17 hearing
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A.B. 628 Introduced 2/14/17
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Phillip Chen (R-55) Diamond Bar
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As introduced, AB 628 would amend Penal Code Section 597.1 (seizures, costs, etc.,) consistent with 2016 AB 2278 authored by Assembly Member Eric Lindner (R-60) of Corona when that bill was held in the Senate Committee on Appropriations Suspense File in August, 2016.
See 2016 AB 2278, Lindner
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ASM Com on Public Safety 3/21, hrg cancelled, author rqst
1/31/2018 Died pursuant to Art. IV, Sec. 10(a) of the Constitution.
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A.B. 942 Introduced 2/16/17
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Devon Mathis (R-26) Visalia
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As introduced, AB 942 would add to the Revenue and Taxation code a new Section 17052.4 allowing a personal tax credit against personal income taxes for each taxable year beginning on or after January 1, 2017, and before January 1, 2023, in an amount equal to 50% of the amount paid or incurred during the taxable year by a taxpayer for qualified veterinary costs, as defined, for a pet, as defined, not to exceed $2,000. Terms are defined, and if credit allowed by this section exceeds the “net tax,” the excess may be carried over to reduce the “net tax” in the following taxable year, and succeeding six years if necessary, until the credit is exhausted. Amended in Assembly, March 21, 2017 to clarify terms, “taxpayer’s pet,” qualified veterinary costs not to exceed “$2,000 per taxable year,” the qualified veterinary expenses are ‘’expenses paid to a licensed veterinarian” and do “not include expenses reimbursed by pet insurance.” ASM Com on Rev & Tax Policy Analysis, March 27, 2017 Amended in Assembly, April 4, 2017 to change medically related to "medically necessary" and eliminate the tax credit carryforward. ASM Com on Appropriations Fiscal Analysis, April 26, 2017
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ASM Com on Revenue & Taxation 3/20 hrg cancelled, author rqst Hrg 3/27/17 amended pass 6-2(2) ASM Approps 4/27/17 to SUSPENSE File Release hrg 5/26 Held under submission.
1/31/2018 Died pursuant to Art. IV, Sec. 10(a) of the Constitution.
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A.B. 1137 Introduced 2/17/17
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Brian Maienschein (R-77) San Diego
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Introduced as a housing development bill, AB 1137 was amended on March 28 to be the Pet Friendly Housing Act of 2017, amended again on April 20, 2017 to add to the Health and Safety Code a new Section 50466 to read: (a) The department shall require each housing development that is financed on or after January 1, 2018, pursuant to this division, to authorize a resident of the housing development to own or otherwise maintain one or more common household pets within the resident’s dwelling unit, subject to applicable state laws, regulations adopted by the department, and local government ordinances related to public health, animal control, and animal anticruelty. (b) For purposes of this section, “common household pet” means a domesticated animal, such as a dog or cat, that is commonly kept in the home for pleasure rather than for commercial purposes. (c) Nothing in this section shall be construed to limit or otherwise affect other statutes or laws that require reasonable accommodations to be made for an individual with a disability who maintains an animal to provide assistance, service, or support. ASM Com on Housing & Community Development Policy Analysis, 4/19/2017 ASM Com on Appropriations Fiscal Analysis, May 1, 2017 Amended in Senate, May 30, 2017 to specify that a "pet-friendly housing regulation" will be adopted by the of Department of Housing and Community Development. SEN Com on Transportation & Housing Policy Analysis, June 1, 2017 SEN Com on Appropriations Fiscal Analysis, June 26, 2017 Amended in Senate, September 1, 2017 remove requirement for adoption of pet friendly regulations Senate Appropriations, Suspense Analysis Senate Floor Analysis Assembly Concurrence Analysis, September 12, 2017
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Votes Com on Housing & Community Devel. 4/19/17 pass 7-0
ASM Com on Approps 5/3/17 pass 16-0(1)
ASSEMBLY FLOOR 5/11/17 pass 77-0(3)
SEN Com on Transportation & Housing Hrg 6//6 pass 13-0
Senate Appropriations Hrg 6/26 SUSPENSE FILE Release Hearing 9/1/17 pass 7-0
Senate, 3rd Rdg 9/11/17 pass 39-0(1) 9/13/17 Assembly Concurrence 79-0 Enrolled 9/22/17 to Governor 10/14/17 Approved by Governor CHAPTERED
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A.B. 1138 Introduced 2/17/17
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Brian Maienschein (R-77) San Diego
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As introduced, AB 1138 is a spot bill currently regarding Health and Safety Code Section 121720. Note that this provision is part of Health and Safety Code Division 105, Part 6, Veterinary Public Health and Safety, CHAPTER 1.5. Dog Importation: Health Certificates [121720 - 121723] enacted in 2014 by AB 1809 authored by Maienschein. Amended in Assembly, March 28, 2017 to add to the Business & Professions Code a new Section 17531.2 to Amended in Assembly, April 17, 2017 same, adding to criminal business practices (unfair business practices) related to advertising, a misdemeanor offense punishable by up to 6 months in county jail and/or fine up to $2500: advertising for sale in California a dog or cat with untrue/misleading statements or picture not of the exact animal offered. ASM Com on Privacy & Consumer Prot. Policy Analysis, April 21, 2017 ASM Com on Appropriations Fiscal Analysis, May 8, 2017 SEN Com on Bus, Profs & Econ Dev Policy Analysis, 6/15/17 (note, proofreading errors hearing dates, AB 1419, 485, should be June.) See 2014 AB 1809, Maienschein SEN Com on Public Safety Policy Analysis, July 10, 2017 Senate Floor Analysis, August 23, 2017
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(3/27) ASM Com on Privacy & Consumer Protection Hrg 4/25 pass 9-0(1) ASM Approps Hrg 5/10 pass to Consent 17-0 ASSEMBLY 5/11 to Consent 2nd day 5/18 pass 69-0(11)
Dual Referred: SENATE Com B, P & ED Hrg 6/19 pass 9-0
SENATE Committee on Public Safety Hrg 7/11 8:30am pass 6-0(1)
SEN Approps 8/21 Rule 28.8 Senate 3rd Rdg 9/5/17 Item 376 pass 40-0 Enrolled 9/13 to Governor 10/13/17 VETOED by Governor
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Hearing Audio 4/26/17
Hearing Audio 6/19/2017
CAL CHANNEL VIDEO 6/19/2017
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A.B. 1199 Introduced 2/17/17
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Adrin Nazarian (D-46) Sherman Oaks
Sponsor: Social Compassion in Legislation
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As introduced, AB 1199 would add to the Penal Code provisions covering the Commission on Peace Officer Standards and Training, Field Services and Standards for Recruitment and Training a new Section 13514.3 to require by January 1, 2019 within the basic training course, specific training about dog behavior and how to best and safely manage encounters with dogs using appropriate force. ASM Com on Public Safety Policy Analysis, April 18, 2017 ASM Com on Appropriations FIscal Analysis, May 8, 2017 AB 1199 Integrated Statutory Text
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ASM Com on Public Safety Hrg 4/18 Passed 6-1 ASM Approps Hrg 5/10 To SUSPENSE File Release hrg 5/26 Held under submission.
1/31/2018 Died pursuant to Art. IV, Sec. 10(a) of the Constitution.
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Hearing Audio 4/18/17
Cal Channel Video
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A.B. 1491 Introduced 2/17/17
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Anna M. Caballero (D-30) Salinas
Add Coauthor: Assembly Member Maienschein (R-77) San Diego
Add Co-Authors: : Assembly Members Cristina Garcia, Maienschein, Quirk-Silva, and Steinorth; Senator Atkins
Add Co-authors: Anderson and Stern
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As introduced, AB 1491 would add to Health and Safety Code, Division 105, Part 6, Chapter 5 a new Article 4, to read: Article 4. Sales of Dogs and Cats: Advertising 122316. It is unlawful to do any of the following when advertising the sale of a dog or cat to the public in this state: (a) Offer pictures or otherwise make representations regarding a dog or cat that do not depict the actual dog or cat available for purchase by the public. (b) Make or disseminate any statement about the dog or cat being advertised for sale that is known, or by the exercise of reasonable care should be known, to be false or misleading. (c) Make or disseminate any statement about the dog or cat being advertised for sale with the intent not to sell to the public the actual dog or cat so advertised. 122317. It is unlawful to fail to withdraw in writing an advertisement for the sale of a dog or cat within 48 hours after selling the dog or cat or withdrawing the dog or cat from sale. 122318. (a) A person who violates this article is subject to a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation. (b) The Attorney General, or the city attorney of the city or the district attorney or county counsel of the county in which a violation of this article occurs, may bring a civil action in a court of competent jurisdiction to assess and recover the civil penalty described in subdivision (a). The civil penalty, when collected, shall be payable, as appropriate, to the general fund of whichever governmental entity brought the action to assess the civil penalty. 2017 AB 1491 Statutory Reference Document, H&S Code, Div. 105, Part 6 Amended in Assembly, March 27, 2017 to add to the Civil Code, Part 2. Contracts, Division 3. Obligations, Title 4. Unlawful Contracts a new Section 1670.9 to read: (a) (1) Except as provided in paragraph (2), a contract entered into on or after January 1, 2018, to transfer ownership of a dog or cat in which ownership is contingent upon the making of payments over a period of time subsequent to the transfer of possession of the dog or cat is void as against public policy. (2) Paragraph (1) shall not apply to payments to repay an unsecured loan for the purchase of the dog or cat. (b) A contract entered into on or after January 1, 2018, for the lease of a dog or cat is void as against public policy. (c) In addition to any other remedies provided by law, the consumer taking possession of a dog or cat transferred under the terms of a contract described in paragraph (1) of subdivision (a) or in subdivision (b) shall be deemed the owner of the dog or cat and shall be entitled to return all amounts paid under the contract. ASM Com on Judiciary Policy Analysis, April 2, 2017 Amended in Assembly, April 17, 2017 per policy analysis, Statutory references cited in Legislative Counsel's Digest Assembly Floor Analysis SEN Com on Business, Profs & Econ Dev Policy Analysis, 6/15/17 Amended in Senate, July 3, 2017 to change the Civil Code section to be added from 1670.9 to 1670.10 to accommodate the same numbered section being added by an earlier introduced bill, SB 29, and make a non-substantive Senate Com on Judiciary policy analysis, July 17, 2017 Senate Floor Analysis, August 17, 2017 Amended in Senate, August 22, 2017 to add "also" to "(c) In addition to any other remedies provided by law, the consumer taking possession of a dog or cat transferred under a contract described in paragraph (1) of subdivision (a) or in subdivision (b) shall be deemed the owner of the dog or cat and shall also be entitled to the return of all amounts the consumer paid under the contract." Senate Floor Analysis, August 23, 2017 Assembly Concurrence in Senate Amendments, Analysis, August 31, 2017
Karnette Rental-Purchase Act, CA Civil Code Sections 1812.620-1812.650 The Unruh Act, CA Civil Code Sections 1801 - 1812.20 Integrated Text (Title 4 Unlawful Contracts), AB 1491 amended 3/27/17
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ASM Com on Judiciary Hrg 4/4 passed 10-1 as amended
Assembly 3rd Rdg 5/111/17 pass 63-10(7) partisan
Dual referred: SENATE Com on Bus, Profs & Econ Dev. Hrg 6/19 pass 9-0
to SENATE Committee on Judiciary Hrg 7/18 1:30 p.m. - Room 112 passed 7-0
Senate 3rd Rdg 8/31/17 Item 70 pass 37-0(3)
Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77 9/5 Concurrence 63-10(6)
Enrolled 9/12/17 to Governor
10/13/17 Approved by Governor
CHAPTERED
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OPPOSE 3/29/17 unless amended, author accepted amendment; position on bill neutral.
Hearing Audio 4/4/2017
CalChannel Video
Hearing Audio 6/19/2017
CAL CHANNEL VIDEO 6/19/2017
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A.B. 1569 Introduced 2/17/17
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Anna M. Caballero (D-30) Salinas
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As introduced, AB 1569 would stop use of “letter mill” documentation of prospective tenants’ requests for reasonable accommodation for a disability related service animal not otherwise permitted in the tenancy and would amend Civil Code Division 1, Part 2.5. Blind And Other Physically Disabled Persons Section 54.1, adding a new subsection (C): (C) (i) A person renting, leasing, or otherwise providing real property for compensation may, if a prospective or current tenant requests a disability-related reasonable accommodation to keep an animal on the real property and the disability is not readily apparent or the disability-related need for an animal is not apparent, request that a third party provide verification of the disability and disability-related need for the animal from the prospective or current tenant. The third party verifying the disability and the disability-related need for the animal shall be located in the United States and have specific knowledge of the prospective or current tenant’s medical condition based on an individualized examination. That examination shall include an in-person meeting with the prospective or current tenant. The third party shall not be operating primarily as a business to provide certifications for persons requesting verification of animals requested as reasonable accommodations. (ii) The following types of documentation shall not be in and of themselves sufficient third-party verification that a prospective or current tenant requires an animal as a reasonable accommodation, and the person renting, leasing, or otherwise providing real property for compensation may request additional third-party verification from a reliable source if the prospective or current tenant only presents any of those types of documentation: (I) An identification card or certificate for a registered service animal. (II) An emotional support animal prescription letter. (III) Any certificate, letter of prescription, doctor’s or any other kind of note or letter obtained from an online source. (IV) Documentation that does not indicate that the provider of the documentation ever met the prospective or current tenant or performed an individualized examination. (iii) This subparagraph shall not apply to a “guide dog,” “signal dog,” or “service dog,” as defined in paragraph (6), or a “service animal,” as defined in Section 113903 of the Health and Safety Code. Amended in Assembly, March 23, 2017 to add "reliable" to the third party requirement in (C)(i); require name, address, and telephone number or email address for the party and conforming changes in (ii.)
See 2017 AB 2760, related topic
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ASM Com on Judiciary Hrg 4/18, cancelled, author request
1/31/2018 Died pursuant to Art. IV, Sec. 10(a) of the Constitution.
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A.B. 1705 Introduced 3/2/2017
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ASM Committee on Business & Professions
5/2/17 revision, designate Low as Chair, delete Salas per committee membership change.
AUTHOR: Evan Low (D-28) Campbell
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As introduced, AB 1705 is the Committee's bill addressing issues in the Sunset Review process. AB 1705 would extend to January 1, 2022, the term of the Board, as well as extend the pilot project to provide an arbitration procedure for the purpose of resolving disputes between a guide dog user and a licensed guide dog school and extend indefinitely the Board duty to prepare a factsheet regarding various functions of the board, to post that factsheet on its Internet Web site, and to provide copies to each of the licensed guide dog schools, as well as the requirement for licensed guide dog schools to provide copies of the factsheet to every student receiving training from that school. ASM Com on Business & Professions Policy Analysis, April 24, 2017 Amended in Assembly, May 2, 2017 moves back sunset date to 2020 and and add to Bus & Profs Code a new Section 7218: (a) An advisory task force is hereby established under the jurisdiction of the board. Not later than May 1, 2018, the Director of Consumer Affairs shall appoint the members of the task force. (b) The task force shall prepare a written report with recommendations on the role and the mission of the board and if there is a continued need for the regulation of guide dog schools, guide dog trainers, and fundraising programs. (c) (1) Not later than May 1, 2019, the written report shall be delivered to the Governor, the Senate Committee on Rules, the Speaker of the Assembly, the Assembly Committee on Business and Professions, and the Senate Committee on Business, Professions and Economic Development. (2) The report shall be submitted in compliance with Section 9795 of the Government Code. (d) This section shall remain in effect only until May 1, 2019, and as of that date is repealed. ASM Com on Appropriations, May 15, 2017 Amended in Assembly, May 30, 2017 per Analysis SEN Com on Bus, Profs & EC Policy Analysis, July 7, 2017 Amended in Senate, July 17, 2107 to eliminate the State Board of Guide Dogs for the Blind by repealing its enabling statute and all its provisions (Business & Professions Code Section 7200 et. seq.) and add SEC. 2. - Chapter 9.5 (commencing with Section 7200) is added to Division 3 of the Business and Professions Code, to read: CHAPTER 9.5. Guide Dogs for the Blind 7200. Any person who uses in any sign, business card, or letterhead, or in any advertisement, the words “guide dog instructor,” “certified guide dog instructor,” or any other terms or letters indicating or implying that he or she is an instructor trained in the utilization or training of guide dogs for the blind, or who represents or holds himself or herself out as a guide dog instructor, without being employed by a guide dog school certified by the International Guide Dog Federation, or a successor entity, is guilty of a misdemeanor. 7201. For purposes of this chapter: (a) “Guide dog instructor” means a person who instructs or trains persons who are blind or visually impaired in the use of guide dogs or who engages in the business of training, selling, hiring, or supplying guide dogs for persons who are blind or visually impaired. (b) “Guide dog” means a dog that has been trained or is being trained to assist blind or visually impaired individuals. For purposes of this chapter, “guide dog” is used to describe a “service dog.” 7202. A guide dog school shall submit to the Department of Consumer Affairs on or before September 1 of each year a list of all trainers or guide dog instructors employed or contracted by the school. The department shall not charge a fee for the collection of this data. Amended in Senate, 30 August 2017 to delete the Board from statutory lists where it is included; to add to new definition of instructors, alternate provision, "having knowledge of the special problems of persons who are blind or visually impaired and being able to teach them, being able to demonstrate the ability to train guide dogs with which persons who are blind or visually impaired would be safe under various traffic conditions, or" being employed by a school certified "International Guide Dog Federation, or a successor entity." This is now subject to a fine or civil penalty only, eliminating the misdemeanor classification so that there is no crime. Senate Floor Analysis, August 31, 2017 - note: The California State Board of Guide Dogs for the Blind writes in opposition, “we believe that the sunset of the Board, particularity at this time, on the heels of the implementation of SB 1331 (Chapter 595 - Statutes of 2016) does not provide sufficient time to properly assess the impact of an unregulated industry in the hands of a privately held out-of-state organization on California public safety and consumer protection.” Amended in Senate, September 8, 2017 to incorporate additional changes to Section 205 of the Business and Professions Code, as amended by Section 1 of Chapter 800 of the Statutes of 2016, proposed by SB 19 to be operative only if this bill and SB 19 are enacted and this bill is enacted last. Senate Floor Analysis, September 11, 2017 Note: SB 19 passed.
BACKGROUND PAPER FOR THE Board of Guide Dogs for the Blind, Joint Oversight Hearing, February 27, 2017 2016 Sunset Review Report, State Board of Guide Dogs for the Blind
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ASM Com on Business and Professions Hrg 4/25/17 pass 14-0(2) ASM Appropos hrg 5/17 to SUSPENSE File Release hrg 5/26 pass 13-0(4) as amended
ASSEMBLY 3rd Rdg 6/1 passed 77-1(2)
SENATE Com on Bus, Profs & Econ Dev. Hrg 7/10/17 pass as amended, 9-0
Sen Approps 8/21/17 Rule 28.8
Senate Floor
3rd Rdg 9/13/17 pass 40-0
Assembly Com on Bussiness & Professions 9/14 Joint Rule 62(a) suspended pass 15-0(1) 9/15/2017 Assembly Floor pass 77-0(2)
9/26/17 Enrolled 10/11/2017 Approved by Governor
CHAPTERED
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