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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SB 156 (2005 bill)
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Sen. Nell Soto D-32 Ontario
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Increases misdemeanor penalties for cock/animal fighting (not dogs) or being an event spectator. March 13, GUT and AMENDED as totally different subject - PUBLIC SAFETY: FIREFIGHTING.
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N/A
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N/A
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SB 1578
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Sen. ALAN LOWENTHAL D-27, Long Beach; principal co-author ASM Member PAUL KORETZ (D-42) West Hollywood
Co-author ASM LLOYD LEVINE (D-40) Van Nuys
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SB 1578 as amended August 24 (additional information) SECTION 1. Chapter 8 (commencing with Section 122335) is added to Part 6 of Division 105 of the Health and Safety Code, to read: CHAPTER 8. Dog Tethering 122335. (a) For purposes of this chapter, the following terms shall have the following definitions: (1) "Animal control" means the municipal or county animal control agency or any other entity responsible for enforcing animal-related laws. (2) "Agricultural operation" means an activity that is necessary for the commercial growing and harvesting of crops or the raising of livestock or poultry. (3) "Person" means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof. (4) "Reasonable period" means a period of time not to exceed three hours in a 24-hour period, or a time that is otherwise approved by animal control. (b) No person shall tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object. (c) Notwithstanding subdivision (b), a person may do any of the following in accordance with Section 597t of the Penal Code: (1) Attach a dog to a running line, pulley, or trolley system. A dog shall not be tethered to the running line, pulley, or trolley system by means of a choke collar or pinch collar. (2) Tether, fasten, chain, tie, or otherwise restrain a dog pursuant to the requirements of a camping or recreational area. (3) Tether, fasten, chain, or tie a dog no longer than is necessary for the person to complete a temporary task that requires the dog to be restrained for a reasonable period. (4) Tether, fasten, chain, or tie a dog while engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by the State of California if the activity for which the license is issued is associated with the use or presence of a dog. Nothing in this paragraph shall be construed to prohibit a person from restraining a dog while participating in activities or using accommodations that are reasonably associated with the licensed activity. (5) Tether, fasten, chain, or tie a dog while actively engaged in any of the following: (A) Conduct that is directly related to the business of shepherding or herding cattle or livestock. (B) Conduct that is directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog. (d) A person who violates this chapter is guilty of an infraction or a misdemeanor. (1) An infraction under this chapter is punishable upon conviction by a fine of up to two hundred fifty dollars ($250) as to each dog with respect to which a violation occurs. (2) A misdemeanor under this chapter is punishable upon conviction by a fine of up to one thousand dollars ($1,000) as to each dog with respect to which a violation occurs, or imprisonment in a county jail for not more than six months, or both. (3) Notwithstanding subdivision (d), animal control may issue a correction warning to a person who violates this chapter, requiring the owner to correct the violation, in lieu of an infraction or misdemeanor, unless the violation endangers the health or safety of the animal, the animal has been wounded as a result of the violation, or a correction warning has previously been issued to the individual. (e) Nothing in this chapter shall be construed to prohibit a person from walking a dog with a hand-held leash. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
Senate Floor Analysis Assembly Business & Professions Analysis Assembly Appropriations Committee Analysis Assembly Floor Analysis Senate Floor Analysis (Concurrence)
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Introduced 2/23, from printer 2/24, to Rules Com. for assignment to policy committee. May be heard in committee on or after March 26.
3/15 withdrawn from Sen. Jud., re-referred to Sen. Rules and referred to Sen. Committee on Business, Professions & Economic Development
PASSED OUT OF SENATE POLICY COMMITTEE 4/3, PARTISAN 3 AYES, 1 NO
To Senate Committee on Appropriations Hearing 4/24,
FAILED 3-5-4 Reconsider- ation granted,
May 22 passed; 7-3-3 to Senate Floor: June 1, passed 21-14
Assembly Com. on Business & Professions hearing Tuesday 6/27 passed out on partisan vote, 6 Dem ayes, 3 Rep noes.
To Asm. Approps., hrg Aug. 9, PASSED 12-4 partisan:
TO ASSEMBLY FLOOR, Assembly vote to permit amendment, bill on third reading awaiting floor vote, 8/29 failed 40-33 VOTE RECONSIDERA-TION: 8/30 passed 46-32 partisan vote To Senate for concurrence 8/31 Senate concurs 21-16 partisan vote
To enrollment
SIGNED BY GOV 9/27/06
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Oppose as state law provision.
Restated opposition as amended 3/27
Governor's Office of Planning & Research (OPR) OPPOSES
OPPOSE
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SB 1349
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Sen. Nell Soto D-32 Ontario
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Increases misdemeanor penalties for cock/animal fighting (not dogs) or being an event spectator. Another version of SB 156 (above), this bill includes extensive new legislative findings arguing that California's relatively low penalty levels for cockfighting offenses attract out of state cock-fighters who will put California at risk for an outbreak of Avian flu, the cost of which would far exceed the cost of enhanced penalties. Bill provisions.
Amended August 21 adding discretionary language for sentence on second and subsequent offenses, "except in unusual circumstances in which the interests of justice would be better served by the imposition of a lesser sentence" for both Penal Code 597b(c) and 597j(c) and reduces second and subsequent violation of 597j (fighting birds and animals other that dogs) to a misdemeanor only with maximum penalty 1 year in jail and/or fine not over $25,000.
Assembly Floor Analysis
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A gut/amend bill, amended 3/29 Sen. Public Safety, 4/18 FAILED IN COMMITTEE RECONSIDERA-TION GRANTED HRG. 4/25, passed 5-1, to Sen. Approps. 5/8 - suspense, released 5/25: 11-2; TO SENATE FLOOR PASSED 35-2 (McClintock, Ashburn) ASM Committee on Public Safety hrg. 6/20, 6-1 Released from Suspense Assembly Floor 8/24 73-2 8/30 Senate Concurrence 35-3 To enrollment SIGNED BY GOV.
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Monitor
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SB 1806
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Sen. Liz Figueroa, D-10, Fremont, principal co-author, Asm. Member Lloyd Levine, D-40, Van Nuys
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SB 1806 would state findings and declarations regarding the consequences of leaving companion animals unattended inside closed vehicles in the heat As amended April 24. This bill would provide that leaving or confining an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal, or if the temperature outside the vehicle is 85 degrees Fahrenheit or higher is a crime punishable by a fine, imprisonment in a county jail, or both fine and imprisonment, as specified.
SENATE FLOOR ANALYSIS
ASSEMBLY PUBLIC SAFETY ANALYSIS
AMENDED AUGUST 7 deletes the provision that 50% of fines collected be allocated to educational programs about dangers of leaving animals in unattended motor vehicles.
ASSEMBLY FLOOR ANALYSIS
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A gut/amend bill, amended 3/27 and then referred to Senate Committee on Public Safety Passed 4-0, amended, re-referred to Senate Committee on Judiciary Amended 4/24. 5/8 FROM APPROPS COM RULE 28.8 TO SEN FLOOR 2ND READING PASSED SENATE 31 AYES; TO ASM. PUBLIC SAFETY (LENO), hearing June 20, passed 7-0, to Asm. Approps. 6/28, pased 14 ayes, 1 no; to Assembly Floor, Passed 64-7, concurrence, Senate Floor 29 ayes, 2 nos: to enrollment. SIGNED BY GOV.
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Oppose
Conflicts with local laws creating unnecessary state crime where no harm is caused.
Oppose - Assembly Public Safety Committee
SEE NORTH COUNTY TIMES STORY, 9/26 AND COMMENTS ON SIGNING OF SB 1806
CHAPTERED BILL
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ARC 113
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Asm. Members LLOYD LEVINE D-40, Van Nuys DAVE JONES, D-9, Sacramento: Sen Co-Author, JACKIE SPEIER D-8, Hillsborough
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Annual Assembly Concurrent Resolution declaring February 28, 2006, Spay Day USA 2006, and would request that Californians observe that day by having their dogs or cats spayed or neutered and by contributing to organizations that provide spay and neuter services.
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Chaptered
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AB 450
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Asm. Members LELAND YEE D-12, San Francisco, JEROME HORTON D-51, Inglewood; (Coauthors: Ahgazarian R-26, Levine D-40, Mountjoy R-59, and Plescia R-75)
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Gut/amend 2005 bill, amended 1/9/06, Standardized emergency management system. Amended April 25 to be more specific: SECTION 1. Section 8608 is added to the Government Code, to read: 8608. The Office of Emergency Services shall approve and adopt, and incorporate the California Animal Response Emergency System (CARES) program developed under the oversight of the Department of Food and Agriculture into the standardized emergency management system established pursuant to subdivision a) of Section 8607. For background on existing law and related bills, see Senate Committee on Governmental Organization Analysis Senate Appropriations Committee Analysis Amended August 22: Senate Floor Analysis
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Senate Committee on GovernmentalOrganization, hrg. 6/16 Passed 6/0 to Senate Approps. 6/26, to Suspense File, 8/17 passed out, Senate Floor passed 35-1 to Assembly, concurred 76-1, Enrolled SIGNED BY GOVERNOR
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MONITOR
GOVENOR'G SIGNING MESSAGE
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AB 2110
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Asm Member LONI HANCOCK D-14 Berkeley
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AB 2110, as amended April 18 - Animal cruelty: dogs: field coursing - creates a new crime in Penal Code Section 597.4, AMENDED IN PUBLIC SAFETY COMMITTEE, APRIL 18, BY AUTHOR TO NARROW DEFINITION, NOW:
"For the purposes of this section, "live field coursing" is a competition in which dogs are, by the use of rabbits, hares, or foxes, assessed as to skill in hunting live rabbits, hares, or foxes."
As defined, "live field coursing" is prohibited as a criminal offense. The penalty remains, "a misdemeanor punishable by imprisonment in a county jail for a period not to exceed six months, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine."
April 18 Amended bill text
California Fish & Game Commission voted to oppose.
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Introduced Feb. 17, from the printer, 2/21, may be heard in Committee March 23 (or later) To Asm. Com. on Public Safety
PASSED OUT OF POLICY COMMITTEE 4/4, 4 AYES, 3 NOES TO ASM COM ON APPROPS.
HEARING MAY 8: SUSPENSE FILE
Committee Contact List
KEY CONTACTS ASSEMBLY FLOOR
MAY 25, HELD IN SUSPENSE FILE
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OPPOSE .Restated, 3/24 NOTE:
- All participants need to
have a valid California hunting license.
- All edible portions of
downed game must be removed from the field for human consumption purposes per California Fish and Game laws and regulations.
- Competitive coursing is
only one but a necessary aspect of evaluating and preserving historic, natural hunting instinct in Sighthound breeds.
http://www.stop2110.org
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AB 2146
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Asm Member JOE CANCIAMILLA D-11 Pittsburgh, Tom Harmon, R-67 Huntington Beach; co-author, Asm. Member BIll Maze, R-34, Visalia
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NEW Section 221 to the Fish and Game Code codifying administrative procedure for local ord. conflicting with California Constitution authority delegated to Fish & Game Commission.
Assembly Committee Analysis - significant for law applicable to local hunting ordinances. Amended May 2
Amended May 26
Amended June 20
SENATE N.R. & W ANALYSIS
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Introduced Feb. 21.Ref. to Asm. Com. on Water, Parks & Wildlife Amended, hearing 4/25, PASSED 14-0 to Asm. Approps. Amended 5/2 HRG. 5/17, to Suspense File 5/30, passed ASSEMBLY FLOOR 76 ayes 1 no (Hancock) Sen. Natural Resources & Water, hrg 6/27, 1st & 2nd hrgs. cancelled at request of author.
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MONITOR/SUPPORT
- Sponsored by California
Waterfowl Association to affirm state authority to regulate hunting
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AB 2428
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Asm Member JOE CANCIAMILLA D-11 co-author, Asm. Member KEITH RICHMAN (M.D.) R-38, Northridge
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PUBLIC MEETINGS SECTION 1. Section 9030.5 is added to the Government Code, to read: 9030.5. When any person who appears before a house of the Legislature or any committee thereof claims to represent a group, the person shall be required to disclose all of the following: (a) The number of persons in the group. (b) The group's top three sources of funding. (c) The location of the group's headquarters or where the group is based. SEC. 2. Section 11125.7 of the Government Code is amended AND SEC. 3. Section 54954.3 of the Government Code is amended to permit state bodies (Bagley-Keene Open Meeting Act) and local bodies (Ralph M. Brown Act) to adopt these requirements.
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Introduced 2/23, from printer 2/24, to Rules Com. for assignment to policy committee. May be heard in committee on or after March 26
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PENDING
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AB 2485
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Asm Member DAVE JONES D-9, Sacramento; JOHN LAIRD D-27, Santa Cruz
Additional co-authors: D Assemby members Chan, Pavely, Koretz, Wolk; D Senator Kuehl
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Reducing sea otter mortality from nonpoint source pollution by creating funding source for research program and adding new Section 4501 to the Fish and Game Code, to read: (AMENDED LANGUAGE, 5/26) SEC. 2. Section 4501 is added to the Fish and Game Code, to read: 4501. (a) The Legislature finds and declares that several types of nonpoint source pollution are harmful to sea otters, and that scientific studies point to links between cat feces, the pathogen T-gondii, and sea otter mortality. The Legislature further finds and declares that efforts to reduce the flushing of cat litter and cat feces are steps toward better water quality in the sea otters' natural habitat. (b) Any cat litter offered for sale in this state shall contain either of the following statements : (1) "Encouraging your cat to use an indoor litter box, or properly disposing of outdoor cat feces, is beneficial to overall water quality. Please do not flush cat litter in toilets or dispose of it outdoors in gutters or storm drains." (2) A general statement that encourages the disposal of cat feces in trash and discourages flushing cat feces in toilets or drains. NOTE - violation is a crime. Amended May 26 Senate Policy Committee analysis Amended June 19 (non-substantive) Amended August 7 (minor) Senate Appropriations Analysis Amended August 9 Amended August 22 Senate Floor Analysis
Department of Fish & Game Enforcement Info 2007
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Introduced 2/23
AMENDED 3/30 ASM WATER, PARKS & WILDLIFE 4/4 HEARING Passed 11-0, to Asm. Committee on Rev & Tax, passed 5-2, to Asm. Approps Amended 4/24. Hrg, May 3 5/25, PASSED UNANIMOUSLY, AMENDED, TO ASSEMBLY FLOOR, PASSEDMay 31, 53-27 6/13, Senate Natural Resources & Water, passed 4-2-1, to Senate Revenue & Tax 6/28, passed 4-3 partisan vote, Sen Approps, 8/7 8/17 passed out 10-3, passed Sen Flr 26-10, ASM concurs, to enrollment. CHAPTERED 9/18
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MONITOR
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AB 2760
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Asm. Member ALBERTO TORRICO D-29, Fremont
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Amends Section 4848 of the Business and Professions Code (Veterinary Practice Act) to require the Veterinary Medical Board (VMB) to issue a temporary license, allowing practice supervised by a CA licensed vet, to a vet licensed elsewhere in the US or Canada and having practiced for 4? of the past 5 years.
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Introduced Feb. 24, to Assembly Committee on Business & Professions
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MONITOR
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AB 2862
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Asm. Member MARK RIDLEY-THOMAS D-48, Los Angeles
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Adds new Chapter 8 (commencing with Section 122340) to Part 6 of Division 105 of the Health and Safety Code, relating to animal sales by pet stores, redefined by March 28 amendment: Pet store" means any establishment or marketplace where animals are bought, sold, exchanged, or offered for sale to the general public with the intent of making a profit where the animals are intended as companions or household animals. This term includes the keeping for transfer or the transfer of animals at temporary facilities, such as flea markets, mobile facilities, department stores, merchandise outlets, discount outlets, animal shows conducting a sale, and other types of retail outlets where the animals are intended as companions or household animals. ALL VIOLATIONS ARE CRIMES, SEPARATE OFFENSE PER ANIMAL, SECOND OR SUBSEQUENT VIOLATIONS ARE MISDEMEANORS WITH JAIL TIME. Click above link for current bill text and other information. Original bill and related statutes AMENDED IN SENATE JUNE 19 AMENDED AUGUST 7 AMENDED AUGUST 15 all content gutted and replaced: "SECTION 1. The Legislature hereby finds and declares all of the following: (a) It is the intent of the Legislature to establish standards of care for animals in pet stores. (b) Standards of care for animals in pet stores are essential to ensure the humane treatment of the animals, safeguard the public, and are in the public interest. (c) The Legislature does not intend, by adding Chapter 8 (commencing with Section 122340) to Part 6 of Division 105 of the Health and Safety Code, to regulate the care or handling of animals in or on farms, ranches, livestock or horse auctions, livestock markets, slaughtering facilities, or any place other than pet stores as defined in that chapter. SEC. 2. Chapter 8 (commencing with Section 122340) is added to Part 6 of Division 105 of the Health and Safety Code, to read: CHAPTER 8. SALE OF ANIMALS AT PET STORES 122340. The Department of Consumer Affairs shall adopt regulations to regulate the care and handling of companion animals sold to the general public at retail outlets. Those regulations shall be adopted, after consultation with affected parties, by January 1, 2008. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to give the Department of Consumer Affairs sufficient time to confer with the appropriate parties and adopt the regulations, it is necessary that this act take effect immediately." SENATE FLOOR ANALYSIS Assembly Concurrence Analysis
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Introduced Feb. 24., to Assembly Committee on Business & Professions
AMENDED 4/19, 3rd time (minor) Passed out of Assembly policy committee, 4/17 vote 6-3. 5/3 Passed Asm. Com. on Approps 12-5-(1) partisan vote. May 31 PASSED ON Assembly Floor 47-32-3; to Senate Committee on B., P . & E.D. hrg 6/26; held in committee w/o vote, re-set 8/10: passed out as amended; to ASM Approps, 8-17 - Senate Rule 28.8
PASSED SENATE 28-12 PARTISAN VOTE, 3 REP. CROSSOVERS: ASHBURN, DENHAM, MALDANADO
To Assembly for concurrence8/30 64-15 To enrollment
VETOED
GOV'S VETO MESSAGE
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OPPOSE
* Vagueness as to who is covered.
* Business operations criminally liable (misdemeanor w/jail) with no harm done
Oppose
NEUTRAL
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AB 2915
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Asm. Member LORI SALDANA, D-76, San Diego
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Amends Section 4830 of the Business and Professions Code to exempt from the laws regulating the practice of veterinary medicine unlicensed personnel employed by a city, city and county, or county and acting in an official capacity for any state diagnostic laboratory, when in the course of their duties, they are directed by a veterinarian supervisor to conduct activities related to pathology and epidemiology on deceased animals as part of specified government activities. Clarifying amendments, April 27 Assembly Bus & Prof. Committee Analysis Amended May 25 tightened criteria for unlicensed veterinarians, no longer "personnel" employed by local government working with dead animals relating to pathology and epidemiology. Assembly Floor Analysis Senate Business, Professions & Econ. Dev. Analysis Amended August 7 to broaden scope to include graduates of non-AVMA accredited vet schools. Senate Floor Analysis Amended August 22 to add 2011 sunset and provisions to be operative 2011.
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Introduced Feb. 24 to Assembly Committee on Business & Professions Hrg. May 8, PASSED 6-3 5/30 Passed Assembly Floor 78 ayes, to Sen.Com. on B., P. & E.D hrg 6/26, passed 3-1, SENATE FLOOR 37-3 ASM concurs 75-0 To enrollment
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MONITOR
SIGNED BY GOVERNOR
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AB 3027
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Asm. Member LLOYD LEVINE D-40, Van Nuys
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Elephants - Amends Section 596.5 of the Penal Code to increase requirements and penalties for any person's behavior and care of elephants. AMENDED APRIL 20 ADDS - effective 1/1/08 prohibits certain items and imposes requirements on traveling displays; effective 1/1/09 imposes 5 acre and substrate requirements on stationary facilities. Committee Analysis
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Introduced Feb. 24. To Assembly Committee on Public Safety, hrg. 4/25 AMENDED 4/20 PASSED 5-2, TO Asm. Com. on Approps. HRG MAY 10 TO SUSPENSE FILE, 5/25 HELD IN SUSPENSE FILE
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OPPOSE
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