2005 California Legislation – Action Alert 3/15/05

March 15, 2005

2005 California Legislation—Action Alert
This alert is prepared by Rose Lernberg 510-527-2194 lernberg [at] pacbell.net

Address for all legislators and Governor Schwarzenegger: State Capitol Building, Sacramento, CA 95814 (916/322-9900)

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Activists who want to help with animal legislation are welcome to legislative meetings.
April 11, 2005: 10 A.M. – 1 P.M.
Room 113, State Capitol Building, Sacramento.
Contact Rose Lernberg, 510/527-2194 or lernberg [at] pacbell.net for more information.

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Assembly Bills:

AB 7 by Assemblyman David Cogdill Fishing License Fees Oppose

Provides that almost one-third of all sport fishing license fees be used for the Hatcheries and Fish Planting Facilities program and other eligible activities instead of being deposited in the Fish and Game Preservation Fund. Next Hearing: Assembly Water, Parks and Wildlife Committee on April 12.
Tell the legislators that priority should not be given to hatchery funding over protecting fish in their wild habitat. Write to: Your Assembly Member and Assemblywoman Lois Wolk, Chair, Assembly Water, Parks and Wildlife Committee. Also send a letter of opposition to the author. Other committee members are: Assembly Members Michael Villines (Vice-Chair), Joe Baca, Jr., Patty Berg, Rudy Bermudez, Lynn Daucher, Mervyn Dymally, Bill Emmerson, Barbara Matthews, Bill Maze, Nicole Parra, Fran Pavley, Sharon Runner, and Lori Saldana.

AB 24 by Assemblyman Bill Maze amended 3/8/05 Mountain Lions Oppose

Requires the Fish and Game Department to conduct an annual statewide lottery for hunters as young as 12, for 116 license tags for the hunting and killing of mountain lions. The Fish and Game Commission shall establish hunting zones and determine the number of license tags to be issued for each zone. The hunter may use up to 3 dogs and hunt any time during the year, but may not kill cubs or female mountain lions accompanied by cubs. AB 24 allows the sale or possession of the dead mountain lion or any part. This bill needs the support of 4/5 of the Legislature to pass because it amends an initiative passed in 1990. Next Hearing: Assembly Water, Parks and Wildlife Committee on March 29.
Tell the legislators that the public has voted twice to protect mountain lions from “sport” hunting. AB 24 has no impact on public safety or deer populations but serves the interest of hunters. Write to: Your Assembly Member and Assemblywoman Lois Wolk, Chair, Assembly Water, Parks and Wildlife Committee. Also send a letter of opposition to the author. See AB 7 for other committee members.

AB 87 by Assemblyman Rudy Bermudez Trapping Oppose

Exempts licensed structural and agricultural pest control operators from the requirement to be licensed by Fish and Game and to follow regulations if they are trapping animals such as raccoons, skunks, possums, and bats. AB 87 is a re-introduction of last year’s AB 1926. Next Hearing: Assembly Water, Parks and Wildlife Committee on April 12.
Tell the legislators that wildlife is under the jurisdiction of Fish and Game, and pest control operators who choose to handle wildlife (many don’t) should be licensed by them. Fish and Game needs the information trappers provide in their annual reports on species and numbers trapped. Exempting pest control operators would be an enforcement problem for Fish and Game. Most importantly, AB 87 is unfair to the wildlife who would be deprived of coverage by humane provisions. Write to: Your Assembly Member and Assemblywoman Lois Wolk, Chair, Assembly Water, Parks and Wildlife Committee. Also send a letter of opposition to the author. See AB 7 for other committee members.

AB 359 by Assemblyman Mike Gordon Dog Beach Support

Requires the Department of Parks and Recreation to develop an off-leash dog beach pilot program at Dockweiler State Beach in Los Angeles County. Next Hearing: Assembly Water, Parks and Wildlife Committee on March 29.
Tell the legislators that off-leash recreational areas are of benefit because dogs that are allowed to run are not as aggressive, and people who exercise with their dogs are more physically fit. Write to: Your Assembly Member and Assemblywoman Lois Wolk, Chair, Assembly Water, Parks and Wildlife Committee. Also send a letter of support to the author. See AB 7 for other committee members.

AB 418 by Assemblyman Paul Koretz Ear Cropping Support

Makes it a misdemeanor to perform or arrange for ear cropping on a dog unless done by a veterinarian for a therapeutic purpose. Next Hearing: Assembly Public Safety Committee. No date set.
Tell the legislators that cropping a dog’s ears is a painful and unnecessary procedure. Write to: Your Assembly Member and Assemblyman Mark Leno, Chair, Assembly Public Safety Committee. Also send a letter of support to the author. Other committee members are: Assembly Members Jay La Suer (Vice Chair), Rebecca Cohn, Mervyn Dymally, Jackie Goldberg, Ira Ruskin, and Todd Spitzer.

AB 531 by Assemblyman Lloyd Levine Horse Racing Board Support

Prohibits any person who has a financial interest in horse racing from serving on the California Horse Racing Board. Next Hearing: Assembly Governmental Organization Committee. No date set.
Tell the legislators that these people have a conflict of interest and should not be allowed to serve on the Board. Write to: Your Assembly Member and Assemblyman Jerome Horton, Chair, Assembly Governmental Organization Committee. Also send a letter of support to the author. Other committee members are: Assembly Members George Plescia (Vice Chair), Greg Aghazarian, Rudy Bermudez, Ronald Calderon, Ed Chavez, Joe Coto, Bonnie Garcia, Jay La Suer, Lloyd Levine, Carol Liu, Dennis Mountjoy, Gloria Negrete McLeod, Alberto Torrico, and Leland Yee.

AB 647 by Assemblyman Paul Koretz Ferrets No Position Yet

Allows the importation of ferrets into California if they have been vaccinated against rabies and, if over six months old, are spayed or neutered. AB 647 would allow the breeding of ferrets if the owner holds a breeding license issued by the U. S. Department of Agriculture. It would also allow pet stores to sell ferrets that are spayed or neutered. Discussions are under way with the author’s office about possible amendments. Next Hearing: Assembly Water, Parks and Wildlife Committee on April 12.

AB 668 by Assemblyman Jay LaSuer Hunter Safety Education Oppose

Requires that the course of instruction in hunter safety not exceed eight hours. Next Hearing: Assembly Water, Parks and Wildlife Committee. No date set.
Tell the legislators that the Fish and Game personnel, who are in a position to know how long it will take to cover the required material adequately, should determine the length of the course. Write to: Your Assembly Member and Assemblywoman Lois Wolk, Chair, Assembly Water, Parks and Wildlife Committee. Also send a letter of opposition to the author. See AB 7 for other committee members.

AB 734 by Assemblywoman Nicole Parra Kangaroos Oppose

Removes the current ban on the importation and sale of any part or product of all species of kangaroos except those listed as endangered. This is a bill that has been introduced several times over the years. Next Hearing: Assembly Water, Parks and Wildlife Committee. No date set.
Tell the legislators that kangaroos are killed brutally and that the skin trade, particularly of kangaroos for shoes, is behind AB 734. For humane reasons, the law protects many animals that are not endangered. For example, both California law and federal law prohibit the importation and sale of baby seal products from Canada because of the cruel killing, even though the seals are not endangered. Write to: Your Assembly Member and Assemblywoman Lois Wolk, Chair, Assembly Water, Parks and Wildlife Committee. Also send a letter of opposition to the author. See AB 7 for other committee members.

AB 762 by Assemblyman Paul Koretz Animal Groomers Support

Sets standards for animal groomers and animal grooming facilities including supervision, sanitation, heating, ventilation, etc. AB 762 prohibits groomers from practicing veterinary medicine. It is expected that AB 762 will be carried over to 2006. Next Hearing: Not yet assigned to a committee.
Tell the legislators that pet owners should be able to have confidence in those who care for their pets, and in their facilities. Currently there is no oversight of this industry. Write to: Your Assembly Member. Also send a letter of support to the author.

AB 1426 by Assemblywoman Carol Liu Euthanasia: Heart Shots Support

Makes it a crime to kill an animal by an intracardiac injection “unless the animal may first be rendered unconscious in a humane manner or unless, in light of all the relevant circumstances, the procedure is justifiable.” Next Hearing: Not yet assigned to a committee.
Tell the legislators that in January 2002 the Attorney General issued an opinion stating that any other use of the intracardiac injection violates the state’s anti-cruelty laws. Write to: Your Assembly Member. Also send a letter of support to the author.

AB 1428 by Assemblyman Lloyd Levine Pet Cloning Support

States that, “It is the intent of the Legislature to prohibit the commercial sale and transfer of cloned or genetically modified pet animals within California.” Next Hearing: Not yet assigned to a committee.
Tell the legislators that many wonderful pet animals are being euthanized daily in California for lack of a home. Write to: Your Assembly Member. Also send a letter of support to the author.

AB 1548 by Assemblywoman Fran Pavley Poisons Support

Allows counties to prohibit the sale of rodent poisons that contain one or more of the following anticoagulants: brodifacoum, bromadialone, diphacinone, and/or difethialone. Two mountain lions in the Simi Hills are a recent addition to a long list of animals, including bobcats, coyotes, squirrels, birds, and even pet dogs that are known to have died from ingesting these anticoagulants. National Park officials suspect the lions ate coyotes that had eaten poisoned rodents. So these poisons seem to be working their way up the food chain. Next Hearing: Not yet assigned to a committee.
Tell the legislators that these anticoagulants are very dangerous to wildlife and local officials should have the right to ban rodent poisons that contain them. Write to: Your Assembly Member. Also send a letter of support to the author.

AB 1659 by Assemblyman Lloyd Levine Pet Overpopulation No Position Yet

Declares, “It is the intent of the Legislature to end cat and dog overpopulation.” An admirable goal, but we should wait for amendments spelling out the specifics before taking a position. Next Hearing: Not yet assigned to a committee.

AB 1685 by Assemblyman Johan Klehs Animal Slaughter at Schools Support

Prohibits the slaughter of an agricultural animal on school grounds. Also currently a pupil can, with the teacher’s approval, complete an alternate educational project in place of a project that involves a harmful use of animals, unless the activity is part of a program in agricultural education. AB 1685 deletes that exemption for agricultural education. Next Hearing: Not yet assigned to a committee.
Tell the legislators that agricultural animals should not be slaughtered on school grounds. Also, biology classes are not exempt from the provision for an alternate educational project; agricultural classes should also not be exempt. Write to: Your Assembly Member. Also send a letter of support to the author.

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Senate Bills:

SB 156 by Senator Nell Soto Animal Fighting Support

Increases the penalty from a misdemeanor to a felony for a second violation of the law that forbids causing or permitting animal fighting, including cockfighting. Dog fighting is excluded because that is already a felony. Next Hearing: Senate Public Safety Committee on March 29.
Tell the legislators that stronger penalties are needed for these barbarous acts. Write to: Your State Senator and Senator Elaine Alquist, Chair, Senate Public Safety Committee. Also send a letter of support to the author. Other committee members are: Senators Charles Poochigian (Vice-Chair), Gilbert Cedillo, Bob Margett, Carole Migden, Don Perata, and Gloria Romero.

SB 662 by Senator Carole Migden Animal Slaughter Support

Provides that spent hens and small game birds shall be slaughtered by the same methods as other poultry. Next Hearing: Senate Agriculture Committee. No date set.
Tell the legislators that spent hens and small game birds should not be treated any differently than any other poultry. Write to: Your State Senator and Senator Jeff Denham, Chair, Senate Agriculture Committee. Also send a letter of support to the author. Other committee members are: Senators Denise Ducheny (Vice Chair), Wes Chesbro, Dean Florez, Dennis Hollingsworth, Abel Maldonado, Deborah Ortiz, Charles Poochigian, and Edward Vincent.

SB 914 by Senator Christine Kehoe Puppies Support

Makes it a crime for anyone other than an animal shelter to sell, give away, or otherwise transfer any dog less than 8 weeks old. Puppies that are brought into California from Mexico are being sold while too young. Next Hearing: Not yet assigned to a committee.
Tell the legislators that puppies less than 8 weeks old need special care. Write to: Your State Senator. Also send a letter of support to the author.

SB 931 by Senator Dean Florez Animal Facilities No Position Yet

Excludes confined animal facilities from the definition of a pollution control project that is eligible for state financing. SB 931 declares that these facilities “pose a significant threat to public health and the environment through their air and water discharges.” This bill will have significant amendments. Next Hearing: Not yet assigned to a committee.

SB 934 by Senator Edward Vincent Spaying/Neutering No Position Yet

Intended to provide a penalty for those who leave a spay/neuter deposit but do not follow through with spaying or neutering. There are serious drafting errors in this bill that need to be corrected. Next Hearing: Senate Business, Professions and Economic Development Committee. No date set.

SB 1028 by Senator Debra Bowen Computer-Assisted Hunting Support

Makes it illegal for a person with a California hunting license to participate in computer-assisted remote hunting for killing birds or mammals either in or out of the state. SB 1028 also bans the establishment of computer-assisted remote hunting sites in California. Next Hearing: Not yet assigned to a committee.
Tell the legislators that this type of hunting is not a “sport.” Write to: Your State Senator. Also send a letter of support to the author.

SB 1033 by Senator Dennis Hollingsworth Anterless Deer Hunts Oppose

Deletes the provision that currently allows the board of supervisors of a county to elect not to allow anterless deer hunts in that county. Next Hearing: Not yet assigned to a committee.
Tell the legislators that the counties should continue to have the final say on anterless deer hunts. Write to: Your State Senator. Also send a letter of opposition to the author.
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Special Interest License Plates: No Position

There have been unsuccessful attempts in past years to pass a law requiring special interest license plates that would raise money for programs that benefit animals, such as spay/neuter programs. A court decision last year prohibits the Department of Motor Vehicles from issuing any new special interest license plates to private nonprofit organizations unless the state establishes “neutral criteria to ensure that the plate licensing decision is not based on the content or viewpoint of the speech being considered.” A bill establishing such criteria is likely to pass this year.

Among the bills that have been introduced are the following:

AB 206 by Assemblymen Ray Haynes and Lloyd Levine requires the Department of Motor Vehicles to authorize special interest license plates if the sponsoring organization meets certain requirements.

SB 651 by Senator Tom Torlakson also requires the Department of Motor Vehicles to issue special interest license plates if the sponsoring organization meets certain requirements.

SB 1000 by Senator Jeff Denham states “it is the intent of the Legislature to establish a special interest license plate program relating to California agriculture.”

SB 1029 by Senator Dennis Hollingsworth requires the Department of Motor Vehicles to issue sportspersons’ special interest license plates. Funds would be deposited in the Fish and Game Preservation Fund and used for programs that “benefit fisheries and game species, and … that facilitate and increase hunting and fishing opportunities and public outreach.”
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California Budget 2005-2006:

Item 8570-295-0001 State Mandates Support

This item in the Governor’s proposed 2005-06 budget provides $13,900,000 for the mandates contained in SB 1785 (1998). See “Commission on State Mandates.” Passed by Senate Budget and Fiscal Review Subcommittee No. 2 on Resources, Environmental Protection and Energy, and expected to be passed by the Senate. Next Hearing: Assembly Budget Subcommittee No. 3 on Resources on April 27.
Tell the legislators that this money is needed to reimburse cities and counties for the cost of the veterinary care and holding time mandates of SB 1785. Some shelters are turning away animals due to lack of funds and space. Write to: Assemblywoman Fran Pavley, Chair, Assembly Budget Subcommittee No. 3 on Resources; and Assemblyman John Laird, chair, Assembly Budget Committee. Other members of the subcommittee are: Assembly Members David Cogdill, Noreen Evans, Cindy Montanez, and George Plescia.
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Commission on State Mandates:

Background:

The Commission on State Mandates voted that cities/counties are entitled to reimbursement for some of the increased costs incurred under SB 1785 (1998), including veterinary care and maintenance for strays that are killed. The Commission recognized that shelters have additional costs associated with strays that are adopted, but said that the shelters have authority to recover these added costs by raising adoption
fees. The Commission also said that shelters are not required to accept owner-surrendered animals, so increased costs associated with these animals are not reimbursable by the state.

The Commission estimated the statewide cost of this reimbursable mandate up through the 2002-03 budget year as $65,305,876. The 2003-04 Budget suspended this mandate, meaning that the state would not reimburse local governments for the costs of the mandate for that fiscal year. Therefore, during that year the shelters were not required to perform the additional duties imposed by SB 1785 that were judged to be reimbursable. Payment for claims filed covering expenditures in earlier years was postponed indefinitely.

The Governor proposed to repeal this reimbursable mandate in the 2004-05 budget, but changed his mind under pressure from animal advocates. The 2004-05 budget contained $13,900,000 for this mandate, so shelters are currently required to comply with all of the mandates imposed by SB 1785. The 2005-2006 budget also includes $13,900,000 for this mandate. See “California Budget 2005-2006” above.

Court Cases:

The Attorney General’s office filed an action against the Commission on State Mandates on behalf of the Department of Finance to require the Commission to issue a new decision denying reimbursement for all but a small part of the increased costs incurred under SB 1785. In return, Los Angeles County filed a court case in Los Angeles maintaining that it does not have sufficient authority to levy fees to recover the costs of those services that the Commission on State Mandates had determined were not reimbursable. These two cases will probably be consolidated in Sacramento Superior Court by the end of March and a hearing on the merits of the case may be held as soon as April or May.

Amendment of Parameters and Guidelines:

AB 2224 (2004) requires the Commission on State Mandates to amend the “parameters and guidelines” for reimbursements for the 2005-06 fiscal year claims and beyond. The State Controller’s office has submitted proposed amendments. Next Hearing: Commission staff will hold a prehearing conference to discuss these proposed amendments on March 29, 2005.

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California Fish and Game Department/Commission:

Fish and Game Commission Appointment No Position yet

Governor Schwarzenegger has appointed Richard Rogers to the Fish and Game Commission. His appointment must be confirmed by the Senate. Next Hearing: Senate Rules Committee. No date set.

Fish and Game Commission Meetings:

Thurs. March 17, 2005 at 10:00 A.M. and Fri. March 18 at 8:30 A.M., City Hall, Hearing Room 1, One Frank H. Ogawa Plaza, 1st floor, Oakland. Call the Commission (916/653-4899) for more information.

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California Veterinary Medical Board 1420 Howe Ave., Sacramento 95825 (916/263-2610):

Ask the Board to allow registered veterinary technicians with the proper continuing education to neuter cats and dogs with descended testicles, under the direct supervision of a veterinarian with whom there is a memorandum of understanding. This would help spay clinics, spay programs and some shelters since, under current law, shelter dogs and cats cannot go to their adopted homes until they are spayed/neutered. This contributes to disease and overcrowding at the shelters. The Registered Veterinary Technician Committee is now considering adding this to the list of authorized job tasks, but the California Veterinary Medical Board must approve.

Next Hearing: April 13, 2005, 9 A.M. Information: 916/263-2610.

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Updates:

ACR 13 by Assembly Members Lois Wolk and Paul Koretz. Spay Day USA. Support. PASSED.

This resolution declares February 22, 2005 to be Spay Day USA 2005, asks Californians to spay/neuter their dogs and cats and to contribute to organizations that provide spay and neuter services, and asks veterinarians to work with animal shelters and rescue groups that provide spay and neuter services.

SB 42 by Senator Dean Florez. CHANGED.

Originally would have extended the life of the Vertebrate Pest Control Research Advisory Committee, which is set to expire on January 1, 2006, for another ten years. SB 42 has been amended and now covers an entirely different subject. Another bill will be amended to extend the life of this advisory committee.

Fish and Game Commission Appointment. Oppose. WITHDRAWN.

Governor Schwarzenegger withdrew his appointment of Marilyn Hendrickson of Vacaville to the Fish and Game Commission due to strong opposition. She is the owner and operator of Sep’s Pro Fishing, Inc. and the producer of the “California Sportsmen” radio show on KHTK 1140 AM in Sacramento. During her time on the Commission, she had an extremely poor voting record on conservation issues and rejected measures to protect threatened and endangered species.

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To receive timely e-mail action alerts, send a message to: <lernberg [at] pacbell.net> with subject: subscribe alert. Include your full name, snail mail address, phone, and the animal organization you represent, if any. Alerts are usually e-mailed weekly while the Legislature is in session.

To express support or opposition, write a brief letter or postcard to the legislators listed under the bill, especially to your own legislator if s/he is on the committee hearing the bill. Write on one bill per letter. You may enclose several letters to the same legislator in one envelope. Please send me responses you receive; the feedback is very important. If you represent an organization, send me your letters of support or opposition and I will distribute them for you if you like.

You're welcome to contact me for last-minute developments. I also have copies of all bills listed. Rose Lernberg (510/527–2194) <lernberg [at] pacbell.net>

You can obtain official legislative information by going to web site <http://www.leginfo.ca.gov/bilinfo.html>

By entering the number of the bill, you can access the bill text, the status of the bill, committee analyses, and roll call votes.

To find the names of your State Assembly Member and State Senator, call me or (916) 319-2856, (916) 445-4251, or your County Registrar of Voters, or check the web at <action.fund.org/directory> or look in front of your local phone book under California Assembly and California Senate.

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For free presentations to groups anywhere in California on animal legislation and the legislative process, contact Virginia Handley of The Humane Society of the United States (415/474-4020).

For a 2004 voting record of the State Legislature, contact Paw PAC, P.O. Box 475012, San Francisco, CA 94147-5012 (415/646-0622) or check Paw PAC’s web site: <http://www.pawpac.org>

For a postcard alert when your state legislator is hearing a bill targeted by the Humane Legislative Network, contact the Humane Legislative Network, P.O. Box 420014, San Diego, CA 92142-0014 (858/243-3956). HLN’s web site <http://www.cahln.org>