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 250 Introduced 2/24
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Dean Florez (D-16) Shafter
Co-authors ASM Pedro Nava (D-35) Santa Barbara Jose Solario (D-69) Santa Ana
8/18/10 amendments, add ASM Bob Blumenfeld (D-40) Van Nuys
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As introduced, SB 250 would add a new Section 30804.6 to the Food & Ag Code regarding mandated sterilization of dogs and cats as provided. Integrated bill text within existing statute. (Feb 24 version) CALIFORNIA LEGISLATION ON ANIMAL POPULATION ISSUES SINCE 1997, REVISED 2009 Amended in Senate, April 2, 2009 Integrated bill text, amended 4/2 within existing statute. Sen Local Govt Com Policy Analysis 4/9/09 Amended in Senate, April 21, 2009 (per hearing agreement, except for developing provisions for ag/hunting) Integrated bill text, amended 4/21 within existing statute Amended in Senate, May 5, 2009 Integrated bill text, amended 5/5 within existing statute Senate Appropriations Analysis Senate Appropriations Analysis, 5/28 Amended in Senate, May 28, 2009 Authorize local govts to impose fees for procedures to deny/revoke unaltered dog license so that no reimbursable state-mandated program is created. Also adds licensed bird hunting to hunting exemption from roaming Integrated bill text, amended 5/28, within existing statute NEW Senate Floor Analysis Senate Floor Analysis, 6/2 Floor Further amendments in Assembly pending Department of Finance Bill Analysis SB 250, Opposition History,. policy info re MSN on impound issue: See 1998 Senate Judiciary analysis, AB 1856 Our 2005 Comment, history, issues of MSN on impound (Publications page, scroll to end) ASM Committee on Business & Profs. Policy Analysis
Assembly Appropriations Committee Fiscal Analysis
Amended in Assembly, August 31, 2009
Integrated bill text, amended 8/31, within existing statute NEW Assembly Floor Analysis, September 1, 2009
Note - this bill will remain on the Inactive File until it either returns to Active or dies and returns to the Senate Chief Clerk for final processing of its file.
Amended in Assembly, August 18, 2010 See Integrated Text for details; also added ASM Blumenfeld
Integrated bill text, 8/10 amendments, within existing statute including newly referenced Judicial Process Article. NEW Assembly Floor Analysis, August 18, 2010 Assembly Floor Analysis, August 19, 2010
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Sen Local Govt Hrg 4/15 pass 3-1 (partisan) as amended/to be further amended subject to recall if unsatisfactory. Sen Approps 5/4 hrg cancelled, authr rqust Hrg 5/11 to
SUSPENSE FILE 5/23 passed 7-5 (1)
Sen Floor 3rd Rdg 6/1, voted, passage failed Reconsid gtrd 6/2 pass 21-16, 2-V ASM Bus & Profs Hrg 6/30 pass 6-4 (partisan) ASM Approps Hrg 7/15 to Suspense File Release Hrg 8/27 RELEASED, PASSED 9-5(3) ASM FLR 3rd Rdg 9/8 FAILED 28-42(9-V) RECONSIDERATION GRANTED 9/10 Carried over to 1/10, 2nd yr of Leg Sess//ion ASM Notice to Remove from Inactive File 8/16/10 (EVANS) Rule 69(d) suspended ASM Flr 3rd Rdg 8/26 2 p.m. bill is on call w/vote @ 30-38 (10, 2V) @Session Close, vote 34-40 (4, 2V) Reconsideration requested. ASM Reconsideration 8/31, passed 42-27 (10, 2V) 3rd Rdg, call lifted 11:46 p.m., fails 28-40 (10, 2V)
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OPPOSE
OPPOSE
OPPOSE 6/24/09
OPPOSE
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SB 586 Introduced 2/27/09
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Leland Yee (D-8) San Francisco
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As introduced and amended May 6, SB 586 would have required only the sale of the 13 acre parcel from the parking lot of the Cow Palace (state owned event facility in Daly City) but was amended on August 24 to require a fast sale of the entire property. Senate Floor Analysis See http://www.savethecowpalace.com/ Amended in Assembly, September 4, 2009 to strike the prior version using the Government Code and add entirely new provisions to the Food & Ag Code to preempt and limit the ability of the local Ag District to do anything regarding the Cow Palace and authorize the Department of General Services to "dispose" of it subject to specified conditions. Amended in Assembly, June 17, 2010 - gut and amend to different topic - Penal Code Sec. 1202.4, restitution
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Assembly Floor 3rd Rdg 9/4/09, pass 43-28 partisan vote, amended, re-referred to ASM Com on B&P ASM Rule 77.2
ASM Com on B&P Hrg 6/29/2010
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OPPOSE See 2008 SB 1527
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S.B. 1138 Introduced 2/19/2010
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CEDILLO
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As introduced, SB 1138 would establish the Rendering Industry Advisory Board to be appointed by Sec. of Food & Ag and relative to the regulated rendering industry, "persons engaged in certain businesses dealing with dead animals and pet food processing, including, among others, renderers, pet food processors, dead haulers, and transporters of inedible kitchen grease." Amended in Senate, April 5, 2010 adding details. Sen Food & Ag Com Policy Analysis, April 6, 2010 Sen Com on Environmental Quality, Policy Analysis April 19, 2010 notes need for amendment re board composition. Amended in Senate, April 27, 2010 to increase Adv. Brd. from 7 to 9, 7 - licensees at least 1 experienced in alternative uses, 2 public with designated experience; quorum is 6 (up from 5); board must keep accurate records of activities, subject to audit. SEN Committee on Appropriations Fiscal Analysis, May 10, 2010 Senate Floor Analysis, May 11, 2010
Assembly Committee on Agriculture Policy Analysis, June 16, 2010 Amended in Assembly, June 22, 2010 making non-substantive revisions Assembly Committee on Appropriations Fiscal Analysis, 8/4/10 Current rendering enforcement program, $390k/yr revenues, 3 full time staff so costs should be absorbable.
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Dual Referred Sen Com on Food & Ag Hrg 4/6 Pass 4-0(1) Com on Environ. Quality Hrg 4/19 pass 6-0(1) as amended
SEN Approps Hrg 5/10 pass 8-0 (3) SEN Floor 3rd Rdg 5/13 pass 28-0(10, 2V) ASM Com on Ag Hrg 6/16 Pass 8-0 ASM Approps, 8/4 SUSPENSE FILE Release Hrg 8/12 HELD UNDER SUBMISSION
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S.B. 1176 Introduced 2/18/2010
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SAM AANESTAD (R-4) Grass Valley
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As introduced, AB 1176 would amend Sec. 17003 of the Food & Ag Code and APPLY ONLY TO bovine animals, horses, mules, or burros as "estrays" to allow local impounding agencies "to hold and dispose of any horse, mule, burro, or other animal that is not a bovine animal in accordance with the applicable ordinances of the city or county". Sen Food & Ag Com Policy Analysis, April 6, 2010 Senate Floor Analysis, April 20, 2010
Assembly Committee on Agriculture Policy Analysis, June 16, 2010 Amended in Assembly, June 21, 2010 to state us of term "animal control agency" does not extend provisions of this bill beyond poundkeepers/pounds; states that local jurisdictions that have enacted local ordinances may apply these to animals covered by this bill instead of state law, thus removing the mandate on local govt and changing the bill to non-fiscal. Assembly Floor Analysis, August 4, 2010 Notes the need for the bill due to financially pressed rural livestock owners' limited options for disposal of animals other than abandonment. Senate Concurrence Analysis, August 17, 2010 Unfinished Bus
September 27, 2010 - Filed with the Secretary of State, Chapter 325, Statutes of 2010
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Sen Com on Food & Ag Hrg 4/6 Pass 4-0(1) to Approps, Sen Rule 28.8 ASM Floor 3rd Rdg 4/26 pass 36-0 ASM Com on Agric Hrg 6/16 pass 8-0 ASM Com on Appropsm 8/2 withdrawn, to ASM 3rd Rdg 8/16 pass 75-0 (4,V) To Senate for Concurrence Unfinished Bus 8/26 Sen Spec Consent Cal pass 34-0 (4, 2V) Enrollment 8/31/10 9/8 To Gov 9/25 Approved by Gov
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S.B. 1185 Introduced 2/18/2010
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MALDONADO Note, author was appointed Lt. Gov., seat is vacant.
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As introduced, SB 1185 would create a personal income tax deduction in computing adjusted gross income, for the costs, not to exceed $250, paid or incurred during the taxable year for food and supplies purchased for an animal adopted during the taxable year from a qualified animal rescue organization.
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Sen Com on Rev & Tax Hrg 5\12 postponed by Committee
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S.B. 1277 Introduced 2/19/2010
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DEAN FLOREZ (D-16) SHAFTER
SPONSOR Animal Legal Defense Fund; Social Compassion in Legislation
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As introduced, SB 1277 would add new Penal Code Sections 600.6 to create a public registry scheme administered by the Department of Justice (similar to sex offenders) for persons over 18 convicted of felony animal abuse, Section 600.7 covering registration, provision of and use of the information, and Section 600.8 creating a point of sale pet food tax, Animal Protection Fund in the State Treasury and authority for the State Board of Equalization to collect and administer funds and promulgate rulemaking for this function; funds collected to cover PC 600.7 costs, limited to 3% revenues deposited AND local government spay/neuter programs. Amended in Senate, April 13, 2010 Amends registration period from offender's lifetime to 10 year limit; deletes pet food sur-tax provisions, replaced with funding by fines: $200 per misdemeanor conviction, $500) per felony conviction; deposited in Animal Protection Fund, created State Treasury (see original provisions); urgency clause deleted, simple majority vote only. Senate Committee on Public Safety Policy Analysis, April 20, 2010 Amended in Senate, April 27, 2010 Registration period runs 10 years from the conviction date on or after 1/1/11; removes automatic revocation of probation/parole for failure to reg.; removes prison, i.e. fine only for person using web info to commit a crime; SEN Committee on Appropriations Fiscal Analysis, May 10, 2010 SEN Committee on Appros, Suspense Analysis May 27, 2010
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Sen Com on Public Safety Hrg 4/20 pass 4-3 as amended
SEN Approps Hrg 5/10 Suspense Release Hrg 5/27
Held under submission
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S.B. 1417 Introduced 2/19/2010
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DAVE COX (R-1) Sacto
Senator Cox passed away on July 13, 2010
Prin Co-Author CAMERON SMYTH (R-38)
Removed per 5/18 amendment: Co-Author JIM BEALL (D-24) San Jose
SPONSOR: Placer County BOS; CA State Humane Assn; CA State Sheriffs Assn
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As introduced, SB 1417 would amend Corporations Code provisions relating to humane societies. Reference: Corporations Code 10400-406, incorporated humane societies; Corporations Code Sec. 14500 et seq and its enactment, 1995 AB 1571 Amended in Senate, March 24, 2010 Senate Committee on Judiciary Policy Analysis April 20, 2010 Amended in Senate, April 28, 2010 Minor amendments to court procedure for judicial endorsement of Articles of new Corp/SPCA (Corp Code 10401 et seq); Corp Code 14500 et seq, conforming title/text changes eliminating "children"; regarding SPCA eligibility to appoint humane officer(s), if incorp after 1/1/11, must have been incorp 5 yrs AND have operated a shelter min. 3 years OR have written agreement with public AC agency OR licensed vet clinic providing for care/treatment of animals to be seized, minor amendments re court petition for and order confirming appointment of humane officers, additional amendments to scope of Levels 1 and 2 humane officers; compliance dates; authority for other agencies to charge SPCAs for costs/fees re Sec 14502. Amended in Senate, May 18, 2010 Clarifies firearms authority limited to Level 1 Humane Officers only if appointing agency has adopted policy on use of deadly force and officer trained on it. NO firearms carried by Level 2 Humane Officers. Dept of Justice may charge reas. fees to cover costs of providing summary criminal history information pursuant to Penal Code Sec. 11105 (b) to which humane officers are added by this bill; no state reimbursement required. Senate Floor Analysis Assembly Committee on Judiciary Policy Analysis, June 22, 2010
Amended in Assembly, August 2, 2010 Revamps bill structure to repeal rather than amend existing Corporations Code Sec 10401 & 10402, amends existing Sec 10400 to remove "children" and apply new provisions to spca corporations formed on/after 1/1/11, amends Sec 10404 to delete "members", i.e. only the spca corporations and humane officers may make complaints/aid prosecution of offenders, other conforming amendments; amendments to Sec 14500 et seq, specifies judicial "petition" process rather than application for "confirmation" of appointment of humane officers (Level 1 or 2) and sets forth many requirements for the procedure, appointees, etc. The significant change allows petition for Level 2 confirmation after only one year of incorporation but minimum 5 years for Level 2 and simply operating a shelter or agreement for sheltering with another entity with no time period required. This is a complex bill with many requirements and restrictions but this amendment has lowered the entry threshold from earlier versions. Assembly Committee on Appropriations, Fiscal Analysis 8/4/10 Assembly Floor Analysis, August 11, 2010 Amended in Assembly, August 16, 2010 Assembly Floor Analysis, August 16, 2010 Senate Floor, Concurrence Analysis, August 18 2010
September 30, 2010, Filed with the Secretary of State Chapter 652, Statutes of 2010
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Sen Com on Judiciary Hrg 4/20 pass 4-0(1 absent)
Sen Approps Hrg 5/17 Sen Rule 28.8, amended
Senate Floor 3rd Rdg 5/24 passed 29-0 (9,2V)
ASM Com on Judic Hrg 6/15 6/22 postponed by Com pass 9-0(1) ASM Approps Hrg 8/4 Pass 16-0 (1)
ASM Floor 3rd Rdg 8/17 passed 75-9 (4,V)
Senate Unfinished Business 8/26 SEN Spec Consent pass 34-0 (4, 2V) Enrolled 8/31/10 9/8 To Gov 9/30 Approved by Gov
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S.B. 1473 Introduced 2/19/2010
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MARK WYLAND (R-38)
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As introduced, SB 1473 would make technical/non-substantive changed to Education Code Section 60042, currently reading: "When adopting instructional materials for use in the schools, governing boards shall require materials they deem necessary and proper to encourage thrift, fire prevention, and the humane treatment of animals and people." Amended in Senate, March 25, 2010: Gut & amemd: unrelated.
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SPOT BILL WATCH LIST To Sen Rules Com
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S.B. 1491 Introduced 3/11/10
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS & ECON DEV
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As Introduced March 11, 2010, SB 1491 makes non-controversial, minor changes to professions regulated by Department of Consumer Affairs regulatory boards under statutory authority of the Business & Professions Code, specifically Sec. 16 amends the Guide Dog law, amending Bus & Profs Code Sec. 7210.7 regarding home training provided by schools and instructors licensed by the State Board of Guide Dogs for the Blind. SEN Committee on B, P & ED policy analysis, April 19, 2010 Senate Floor Analysis, May 4, 2010 Amended in Assembly, June 16, 2010, unrelated to above issue ASM Com on Bus, Profs & Consumer Prot. Policy Analysis 6/29/10
Assembly Committee on Appropriations Fiscal Analysis, 8/3/10 no significant costs associated with any provisions.
Assembly Floor Analysis, August 13, 2010 Amended in Assembly, August 20, 2010 Assembly Floor Analysis, August 20, 2010 Senate Concurrence Analysis, August 24, 2010
September 28, 2010, Chaptered by Secretary of State, Chapter 415, Statutes of 2010
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SEN Com on B, P & ED Hrg 4/19/10 pass 7-0 (2)
Senate Special Consent Cal 5/6/10 pass 30-0(8, 2V) ASM Com on Bus., Profs & Cons Prot Hrg 6/29/10 pass 11-0 rec. consent ASM Approps 8/4 pass 17-0 ASM Floor 3rd Rdg 8/23 pass 75-0 (3, 2V) Senate Unfinished Bus 8/25 pass 34-0 (5,V) Enrolled 9/3 To Gov 9/28 Approved by Gov
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A.R.C. 74 introduced 5/18
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Anthony Portantino (D-44) Pasadena
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As introduced, Assembly Concurrent Resolution 74 would encourage No Kill animal shelter policies and procedures as the foundation for animal sheltering. 1/26/2010 GUT & AMEND - UNRELATED SUBJECT
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ASM Bus & Prof
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A.R.C. 91 Introduced 8/20/2009
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Ted Lieu (D-53) Torrance co-author Cameron Smyth (R-38) Santa Clarita
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As introduced, Assembly Concurrent Resolution 91 would declare September 2009 to be Adopt a Shelter Pet Month, encourage pet adoption and raise awareness about "overpopulation in animal shelters". Recitals include positive assertions about pet ownership, insidious denigration of pets from non-shelter sources and threat of future reduction in shelter holding days due to state fiscal crisis. Amended in Assembly, August 25, 2009 to reflected amended August 17, 2009 DHS shelter intake 2008, and add a recital of increased surrenders of other pet species. For DHS background. Assembly Committee on Rules Analysis
Assembly Floor Analysis
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ASM Committee on Rules
pass 10-0(1) Adopted ASM Consent Cal 3rd Rdg 9/1/09 Adopted SEN Rules 9/2/09
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A.R.C. 118 Introduced 2/8/10
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Cameron Smyth (R-38) Santa Clarita, Co-authors: Pedro Nava (D-35) Santa Barbara, added 3/11 Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield, Bradford, Brownley, Buchanan, Carter, Chesbro, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Emmerson, Eng, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani, Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jones, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Monning, Nestande, Niello, Nielsen, John A. Perez, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Silva, Skinner, Solorio, Audra Strickland, Torlakson, Torres, Torrico, Tran, and Yamada Senators Florez, Strickland
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Introduced February 8, 2010 - Spay Day USA 2010 resolution would declare February 23, 2010 the day, based on recited findings. (See prior years' resolutions for reference)
Assembly Committee on Rules, Policy Analysis 2/18/2010 Assembly Floor Analysis 2/19/2010 Amended in Assembly, March 11, 2010 to add Assembly Co-Authors
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to ASM Committee on Rules pass 10-0(1) Assembly Floor 3rd Rdg 3/10/10 3/11/10 ASM adopted 3/15/10 Sen Com on Rules
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AB 233 Introduced 2/5
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Cameron Smyth (R-38) Santa Clarita Coauthors: ASM Adams, Bill Berryhill, Duvall, Garrick, Jeffries, Nestande, Silva, Solorio Senators Maldonado Strickland
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As introduced, AB 233 would for taxable years beginning on or after 1/1/10, and before 1/1/15, allow a deduction for the qualified costs, i.e. adoption fee not in excess of $300, paid or incurred during the taxable year by a taxpayer for the adoption of pets from a qualified animal rescue organization, i.e. public animal control agency or animal adoption organization tax exempt under IRC Sec. 501(c)(3). Amended in Assembly, April 13, 2009 Qualified costs reduced to $100. ASM Rev & Tax Com. Policy Analysis Amended in Assembly, May 4, 2009 Conforms wording as adoption "costs", not "fees"; adds "during the taxable year" as restrictive language to deduction of "qualified costs incurred or paid". ASM Rev & Tax Com. Policy Analysis (5/18 Hrg) Amended in Assembly, May 25, 2009 Adds provisions for time of filing return claiming the deduction, disallowance to be treated as math error, FTB to post on website amts of ded. claims, FTB authority for administration, creation of Pet Adoption Cost Deduction Fund for voluntary contributions per tax return, in the state treasury to reimburse reduction in receipts attributable to the Pet Adoption Fee Deduction and money received disbursed to 1) FTB for associated costs, 2) Controller for assoc. losses, and 3) Dept. of Food & Ag for municipal shelters, as specified.
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ASM Cttee Rev & Tax Hrg 4/20 Referred to SUSPENSE FILE Release Hrg 5/18 pass 9-0
ASM Approps 5/28 Held under submission
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AB 923 Introduced 2/26
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Sandre Swanson (D-16) Oakland
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AB 923 as introduced would add to tVehicle Code Section 1808.4 allowing designated persons to request their home address be confidential, a veterinarian employed by a zoo, a public animal control agency shelter, or a society for the prevention of cruelty to animals shelter or a humane society shelter contracting with a local public agency for animal care or protection services (and other new designees). See 2008 AB 1958 held in suspense. Amended in Assembly, April 13, 2009 adds public health officer with power to arrest to code officer designee ASM Com on Transportation Policy Analysis ASM Com on Appropriations Analysis
1/31/2010 Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
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ASM Transportation Hrg 4/20 pass 12-0
ASM Approps Hrg 4/29 SUSPENSE FILE Release Hrg 5/28 Held under submission
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AB 1224 Introduced 2/27
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Mike Eng (D-29) Monterey Park
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As introduced, AB 1224 would declare intent of the Legislature to enact legislation to include animals, pets, and livestock under Section 20001 of the Vehicle Code, the basic "hit and run" statute. Amended in Assembly, April 14, 2009 Would add a new Section 20002.5 to the Vehicle Code, creating new infraction offenses (1st offense, fine not more than $100, 2nd offense, not less than $50 or more than $200): a - driver of vehicle injuring dog/cat/livestock must stop as soon as safe, notify law enforcement, provide ID to person in charge of animal, if available, or other parties involved as specified; b - person parking vehicle that runs away, injuring dog/cat/livestock must comply as in (a) before vehicle is driven again. *** Winner of "outta be a law" contest. *** Asssembly Com on Transportation Policy Analysis Amended in Assembly, January 4, 2010 Complete gut/amend, responds to traffic law enforcement request to replace definition of "utility trailer", inadvertently deleted from Vehicle Code in 2001: SECTION 1. Section 666 is added to the Vehicle Code, to read: 666. A "utility trailer" is a trailer or semitrailer that does not exceed a gross weight of 10,000 pounds or a manufacturer's gross vehicle weight rating of 10,000 pounds and is either of the following: (a) Used solely for the transportation of the user's personal property, not in commerce. (b) Designed and used for the transportation of livestock, not in commerce. Assembly Committee on Appropriations Analysis, Jan 21, 2010 Amended in Assembly, April 27, 2010 gut and amend to extend authorization period for demonstration program for high occupancy toll lanes on the 10 and 110 in LA County.
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ASM Com on Trans Hrg 4/27 Failed 5-2-(7) Reconsideration granted 14-0
GUT & AMEND
ASM Com. on Transportation 1/11/2010 pass 14-0 ASM Approps pass 17-0 1/21/10 ASM Floor 1/27/10 pass 68-0 (11,V)
Senate Com on Trans & Housing
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A.B. 1709 introduced 2/2/10
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Connie Conway (R-34) Visalia
SPONSOR: California Department of Food & Agriculture
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As Introduced, AB 1709 would only change Food & Ag Code Sec. 9211reference from "director" to "secretary" - likely spot bill. As amended in Assembly, April 5, 2010, many sections of Food & Ag code to be repealed/amended/added regarding biologics, animal blood/blood components and commercial animal blood banks: Restricts sale/use of biologics unless manufactured pursuant to valid USDA permit and animal blood and blood components must be produced in a facility licensed by CDFA. ASM Committee on Agriculture, Policy Analysis, April 14, 2010 Amended in Assembly, April 20, 2010 Not to be operative until all CA biologics registrants as of 12/31/10 are registered with USDA; CDFA to report to Legislature until all are registered with USDA. Amended in Assembly, May 5, 2010 Adds "The Legislature finds and declares that the amendments made to Chapter 1.5 (commencing with Section 9201) of Part 1 of Division 5 of the Food and Agricultural Code by this act do not constitute a change in, but are declaratory of, existing law as applied to commercial blood banks for animals." Clarifying language re CA biologics registrants will be "licensed" by USDA. ASM Committee on Appropriations Fiscal Analysis May 11, 2010 Quantifies annual cost savings to CDFA at $450,000 Senate Committee on Food & Agriculture Policy Analysis 6/16/10 Senate Floor Analysis Senate Floor Analysis, August 4, 2010 Amended in Senate, August 17, 2010 Senate Floor Analysis, August 18, 2010 Assembly Floor Concurrence Analysis, 8/20/10
Chaptered by Secretary of State - Chapter 235, Statutes of 2010.
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ASM Com on Ag Hrg 4/14 passed 8-0 ASM Approps 5/12 pass 16-0(1)
Assembly Floor ASM Consent Cal 2nd day 5/20 pass 72-0 (7, V)
SEN Com on Food & Ag Hrg 6/15 Pass 5-0 Sen Approps Hrg 6/28 Rule 28.8 Senate Floor, 3rd Rdg 8/20 pass 32-0 (6,2V) to Assembly for Concurrence 8/23 76-0 (2,2V) Enrolled 8/31/10 9/3 To Gov 9/23 Approved by Gov
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A.B. 1980 Introduced 2/17/2010
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MARY HAYASHI (D-18) Hayward
SPONSOR: PawPAC
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As introduced, AB 1980 would amend the Veterinary Practice Act to not prohibit an employee of an animal control/humane shelter from administering first aid to specified animals if he or she has received proper training in that administration. Amended in Assembly, April 28, 2010 to add a new subsection to Bus & Profs Code Sec. 4827 "(e) Administering first aid to sick, injured, homeless, or unwanted domestic pets or animals without the presence of a veterinarian when the person is an employee of an animal control shelter and its agencies or humane society and has received proper training in the administration of first aid for these purposes. Nothing in this subdivision shall be construed to authorize a person to act outside the scope of his or her employment." ASM Com on Bus & Profs Policy Analysis, May 4, 2010 Assembly Floor Analysis, May 5, 2010 Amended in Senate, June 7, 2010 to delete prior content, extend sunsetting date for Veterinary Practice Act authority enabling the Veterinary Medical Board to 1/1/14, add to Board composition one Reg Vet Tech to be appted by Gov, makes the existence of the multi-displinary advisory committee (see 2008 SB 1584) indefinite and amends provisions for committee, extends vet pract definition to include "physical rehabilitation or musculoskeletal manipulation upon an animal" creating a criminal liability for unauthorized practice by unlicensed, would extend certain exemption from un-authorized vet tech practice to students, create crime for using vet tech designation without requirements met, would make the Reg Vet Tech Committee inoperative after appointment of Vet Tech to VMB, add required training requirements for unregistered Vet Techs (except specified students) to operate x-ray equip as specified requirements for managing licensed vet., add to Vet Pract Act existing requirement for rodeo vet (Penal Code 596.7) to submit report on any animal injury needing vet treatment by any vet and VMB posting on website, and exempts from liability vet/reg vet tech services to animals during war/emergencies except for willful acts or omissions. Senate Com on B., P. & ED Policy Analysis, June 17, 2010 Amended in Senate, June 29, 2010 to delete language, "regardless of whether the veterinarian provides treatment to the animal..." re duty of rodeo on-call/attending vet to report any animal injury. Senate Floor Analysis, August 4, 2010 Amended in Senate, August 19, 2010 deleted the amendment to B&P Sec. 4826 that would have added to the scope of veterinary practice, "performs physical rehabilitation or musculoskeletal manipulation upon an animal". This would have criminalized veterinary chiropractic by other than licensed veterinarians, i.e. most veterinary chiropractors or non-veterinarian acupunturists.. Bill sections renumbered to reflect deletion. Senate Floor Analysis, August 11, 2010 Assembly Floor Concurrence Analysis, August 13, 2010 Assembly Concurrence Analysis, August 24, 2010
September 29, 2010, filed with Secretary of State Chapter 538, Statutes Of 2010
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To ASM Com on Bus & Prof Hrg 5/4 pass 10-0 (1)
Assembly Floor 5/6 pass 73-0(6,V)
Senate Committee on Bus, Profs & ED Hrg 6/21 passed 6-0 (3)
Sen Approps 8/2 Senate Rule 28.8
SEN Floor 3rd Rdg 8/5 Spec Consent Cal
3rd Rdg 8/12 pass 35-0(3, 2V) to ASSEMBLY for concurrence, TO ASM Com on Bus & Profs ASM Rule 77.2 8/24 pass 9-0 (1,V) ASM Concurrence 8/25 78-0 (2V) Enrolled 8/31/10 9/3 to Gov 9/29 Approved by Gov
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A.B. 2000 Introduced 2/18/2010
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CURT HAGMAN (R-60) Chino Hills
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As introduced, AB 2000 would amend Health & Safety Code Section (Rabies Law) to exempt from the vaccination requirement the owner of a dog that a licensed veterinarian determines, on an annual basis, may have a potentially lethal reaction to the vaccination, but limit the license period for that dog to one year rather than the 2 or 3 year options for other dogs. Amended in Asssembly, April 5, 2010 refines exemption criteria: "currently immune compromised or has a documented medical record of a preexisting condition, including, but not limited to, an immune mediated disease, or a serious adverse reaction to a prior canine antirabies vaccine."; veterinarian must request exemption on approved form w/statement signed by owner, understand/accept all consequences/liability owning unvaccinated dog; local jurisdiction discretion to exempt; exempt dog quarantined per local direction until condition resolved AND dog vaccinated; no state reimbursement for local mandate. ASM Committee on Agriculture Policy Analysis, April 14, 2010 ASM Committee on Appropriations Fiscal Analysis, Apr 28, 2010 (Est. costs to DHS to develop regulations and form) Amended in Senate, June 2, 2010 to delete from exemption amendment quarantine requirement for exempted dog. Senate Committee on Health Policy Analysis, June 23, 2000 Sen Com on Health Policy Analysis for vote only, 6/30/10 Amended in Senate, July 15, 2010 to clarify that exempt dog is treated as though unvaccinated dog or cat - confined to owner's premises, no contact with unvaccinated, if out - leash limited to 6 ft handled only by adult. Exemption at discretion of local health officer, standard now "a rabies vaccination would endanger the dog's life due to disease or other considerations" Senate Committee on Appropriations Fiscal Analysis, Aug 2, 2010 identified general fund costs to promulgate regs, minor absorbable costs to develop form and record exemptions. Senate Committee on Appropriations Suspense Analysis, 8/12/10 Senate Committee on Appropriations Analysis, 8/26/10 author's proposed amendments would prevent AB 2000 from chaptering out the provisions added to California law by AB 2689 (Smyth), Chapter 45, Statutes of 2010, in the event of its enactment. Note: to enable further action after 8/13 deadline: Joint Rules 61(b)(15) and 62(a) suspended. (Ayes 27. Noes 7.) Senate Rule 29.3(b) suspended. (Ayes 21. Noes 11.)
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ASM Com on Ag Hrg 4/14 Pass 7-0 (1, Conway not voting) Appropriations 4/28 pass 15-0 (2)
Assembly Floor 3rd day Consent 5/6 pass 74-9 (5,V)
Corrected 5/28/10 SEN Committee on Health Hrg 6/23 Testimony taken, Hrg postponed to 6/30/10 pass 8-0(1) as amended,
SEN Approps 8/2 Suspense File 10-0 (1) Release Hrg 8/12
HELD UNDER SUBMISSION (SUSPENSE) 8/27 Motion do pass as amended failed:4-7
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A.B. 2012 Introduced 2/17/2010
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TED LIEU (D-53) El Segundo
8/4/10 add Co-Author CAMERON SMYTH (D-38)
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As introduced, AB 2010 would make technical/non-substantive changes to the penalty provisions of Penal Code Section 597(a)-(g).
ASM Committee on Public Safety Policy Analysis 4/20/2010 To be amended in Committee to increase misdemeanor animal abuse penalty maximum from 6 mos county jail to one year (bill text not yet available). Amended in Assembly, April 28, 2010 amended to clarify punishment for alternate misdemeanor offense is up to 1 yr in county jail, or fine up to $20k OR BOTH. ASM Committee on Appropriations Fiscal Analysis, May 11, 2010
Assembly Floor Analysis
Senate Committee on Public Safety Policy Analysis, June 22, 2010
Senate Floor Analysis, August 3, 2010 Amended in Senate, August 4, 2010 to add Assembly Member Smyth as Co-Author Senate Floor Analysis, August 4, 2010
Assembly Floor Concurrence Analysis, August 13, 2010
GOVERNOR'S VETO MESSAGE
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SPOT BILL WATCH LIST ASM Com on Public Safety 1st Hrg (3/23) cancelled, author request Hrg 4/20 pass 7-0 ASM Approps rec. consent 5/12 postponed by Com. 5/19 pass 11-4 (2) ASM Flr 3rd Rdg 5/24 pass 60-10 (9,V) SEN Com on Public Safety Hrg 6/22 pass 6-1 Sen Approps Sen Rule 28.8 SEN Flr 3rd Rdg 8/12 pass 28-6(4,1V) to ASSEMBLY for concurrence pass 63-12 (4,V) 8/19 Enrolled 8/26 To Gov 9/30 VETOED BY GOVERNOR
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A.B. 2243 Introduced 2/18/2010
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CAMERON SMYTH (D-38) Granada Hills
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As introduced, AB 2443 would amend Civil Code Sec. 54.25 to add trained, public-owned search and rescue dogs to statutory provisions to provide access without discrimination to hotels, restaurants and public transportation. See 2008 AB 2131 ASM Committee on Judiciary Policy Analysis, 3/23/2010 Amended in Assembly, May 6, 2010 adds to prohibition discrimination against officer or handler based on presence of the dog; adds to definition of "Search and Rescue Dog" further language, "that is officially affiliated with, or sponsored by, a governmental agency". Senate Committe on Judiciary Policy Analysis, June 15, 2010 Amended in Senate, June 22, 2010 expressly stating that bill provisions do not prevent removal of covered dog from the covered facility for causing a disturbance, other than its mere presence, if at least one warning notice of the disturbance and opportunity to correct have been given to the covered handler. Senate Floor Analysis Assembly Analysis, Concurrence in Senate Amendments 6/2810
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SEN Com on Judiciary Hrg 3/23 Pass 10-0 ASM Consent 4/5 pass 76-0 (3,V) SEN Judiciary Hrg 6/15 Consent
Senate Floor 2nd Day Consent 6/24/10 pass 31-0 (8,V) 6/28/10 Assembly concurrence 79-0 v Enrollment Governor 7/6/10 Chaptered 7/15/10
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A.B. 2411 Introduced 2/19/2010
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DAVE JONES (D-9) Sacto
Sponsor: HSUS
4/15/10 amendments added co-authors: ASM Membs Charles Calderon, Carter, Feuer, Salas, Solorio and Torres
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As introduced, AB 2411 would amend Insurance Code Sec. 100 to add pet insurance as a covered class of insurance and add to Division 2, a new Part 9, Pet Insurance, containing specific definitions and requirements. ASM Committee on Insurance, Policy Analysis, April 5, 2010 amendments pending re insurer disclosures to consumers Amended in Assembly, April 15, 2010 instead of prohibiting exclusion based on pre-existing condition, only requires disclosure if pre-existing condition exclusion, reduction in coverage or premium increased based on past claims made. ASM Appropriations Committee Fiscal Analysis, May 4, 2010 Assembly Floor Analysis
Sen Com on Banking, Finance & Insurance Policy Analysis, 6/30/10
Amended in Senate, August 2, 2010 Revamps bill structure to only amend Ins. Code Sec. 120 to add pet insurance to existing list of "Miscellaneous Insurance" and adds a new Part 9 (commencing with Section 12880) is added to Division 2 of the Insurance Code dedicated to pet insurance rather than amending pet insurance into a number of sections of existing Ins. Code. Applies to any policy marketed, issued, amended, renewed, or delivered to a CA resident on/ after 7/1/11 to reasonably disclose any exclusions re (A) A preexisting condition. (B) A hereditary disorder. (C) A congenital anomaly or disorder [if any of these terms used, insurer must define in policy AND link to definitions included on its own website.] limits coverage through waiting/affiliation period, a deductible, coinsurance, or annual/lifetime policy limit, and if coverage reduced/premiums increased based on claims in preceding policy period. Must disclose in policy and on its website basis for determining claims, benefits schedule or usual and customary fees as respectively applicable to a policy for determining payment. Dept of Insurance must publish on Dept website list of all pet insurers as specified including products and agents. Senate Committee on Appropriation Fiscal Analysis, 8/2/10 estimates Dept of Ins costs less than $150k annually to oversee collection and posting of required data. Senate Floor Analysis, August 4, 2010 Assembly Concurrence Analysis, August 23, 2010
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ASM Com on Insurance Hrg 4/7 pass 8-2(2) as amended ASM Approps Hrg 5/5 SUSPENSE FILE Release Hrg 5/28 pass 12-5 ASM Flr 6/1 pass 52-22 (5,V) SEN Com on Banking, Finance & Insurance Hrg 6/30 Pass 8-2(1) partisan Sen Approps 8/2 pass 8-1 (2)
SENATE Floor 3rd Rdg 8/23 pass 27-9 (3,V)
To Assembly for concurrence 8/24 PASS 49-26 (3, 2V)
Enrolled
9/8 To Gov 9/24 VETOED VETO Message
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A.B. 2612 Introduced 2/19/2010
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ASSEMBLY COM ON AG
Add Co-Author ASM Member Yamada
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As introduced, AB 2612 would amend Food & Ag Code Sec. 19204 to add pet food processors to the definition of "Collection Center", set Dec. 31 as expiration date for Collection Center licenses and exempt those that register from the $100 fee. Amended in Assembly, April 7, 2010, adds "pet food processor" to Collection Center definition Food & Ag Code Sec 19204, details to bill dealing with animal rendering and the State Organic Program (SOP) per review of SOP staff, the California Organic Program Advisory Committee (COPAC), and participants from the organic industry formed the Organic Products Technical Planning Committee. ASM Committee on Agriculture Policy Analysis, April 14, 2010 ASM Committee on Appropriations Fiscal Analysis, Apr 28, 2010 Amending definition of "exempt handler," exempting certain certified organic registrants from submitting specified information, potential savings up to $20k/yr. Amended in Senate, June 7, 2010, adding to bill to require ag and structural pesticide registrants to have container recycling program and extend $100 food safety fee for food packers/holders to 1/1/16. Senate Committee on Food & Agriculture Police Analysis 6/15/10 Amended in Senate, June 16, 2010 Changes bill title to Food and agriculture: omnibus bill but no substantive changes to pet food processors.
Senate Floor Analysis, August 5, 2010
Assembly Concurrence in Senate Amendments Analysis, 8/11/10
September 27, 2010 Chaptered by Secretary of State Chapter 393, Statutes of 2010.
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ASM Com on Ag Hrg 4/14 passed, consent 8-0
Approps, recommend Consent 4/28 pass 15-0 (2)
ASM Floor Consent 3rd day 5/6 pass 74-0 (5, V) SEN Committee on Food & Ag Hrg 6/15 pass 5-0 Sen Approps Hrg 6/28 Rule 28.8 Senate Floor 3rd Rdg 8/5/10 Spec Consent Cal pass 34-0 (4,2V) Concurrence - Sen Amendments 8/12 pass 79-0 (V) Enrolled 8/16/10 To Gov 8/25 9/25 Approved by Gov
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A.B. 2689 Introduced 2/19/2010
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CAMERON SMYTH (R-38) GRANADA HILLS
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As introduced, AB 2689 would declare "It is the intent of the Legislature to enact legislation that would allow licensing agencies the ability to verify rabies vaccinations using modern communication and technology, including, but not limited to, computer systems, facsimile, and e-mail." Amended in Assembly, April 8, 2010 Health & Safety Code Section 121690 amended to sunset 1/1/12, local option transmittal methods of rabies vac proof, add new Section 121690 effective 1/1/12 for "rabies endemic" CA areas (entire state now), lowers age of dog rabies vac/licensing from 4 months to 3 months of age, younger must be confined/restrained but may be sold/transported. See TAC REFERENCE page for CA rabies law, regs, stats, etc. Amended in Assembly, April 15, 2010 deletes 3 month provisions above, returning to amendment to Sec. 121690. Amended in Assembly, April 22, 2010 to add urgency clause ASM Committee on Local Government Policy Analysis, Apr 28, 2010 Senate Committee on Health Policy Analysis, June 9, 2010 Senate Floor Analysis, June 15, 2010
Chaptered by Secretary of State, July 6, 2010 Amends Health and Safety Code Section 121690
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ASM Com on Local Govt Hrg 4/21 pass 8-0(1) urgency clause 4/28 passed on Consent Calendar ASM Floor Consent 3rd day 5/6 pass 74-0 (5, V) Senate Committee on Health 6/9/10 pass 5-0(4) Senate Floor 3rd Rdg 6/17 pass 31-0 (9,V) 6/18/20 Enrolled Governor 6/23 Approved by Gov 7/6/10
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OPPOSE 4/9/10
Neutral, monitor
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A.B. 2716 Introduced 2/19/2010
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TONY MENDOZA (D-56) Norwalk
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As introduced, AB 2716 would add to Food & Ag Code Section 30525 dog license tag fee reduction by 1/2 or more, a new (b) (b) A certificate is presented from a licensed veterinarian stating that the dog is a puppy under the age of eight months. Existing (a) is the S/N vet certificate. To be amended in Committee.
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ASM Com on Local Government Hrg 4/21, cancelled author request
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A.B. 2743 Introduced 2/19/10
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PEDRO NAVA (D-35) Santa Barbara
Sponsor: Paw Project
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As introduced, AB 2743 was a spot bill referencing Emergency Medical Services Amended in Assembly, April 8, 2010, would make legislative findings about declawing cats and add to the Civil Code Section 1942.7 to prohibit residential landlords who permit occupancy of dogs or cats from advertising, refusing, requiring, preferentially treating or discriminating against tenants whose dogs or cats are not debarked or declawed respectively (unless therapeutic as defined); violation is civil penalty not exceeding $2,500 paid to person harmed. Amended in Assembly, April 28, 2010 Changes "debark" to "devocalize", "other than therapeutic" to "nontherapeutic"; adds civil penalty up to $1k for each violation NOT resulting in procedure, civil penalty up to $2.5k paid to owner(s)/caretaker(s) for each animal subjected to the procedures (elected by owner); extends standing to enforce to IRC Sec. 501(c) exempt organizations "dedicated to protection of animals" to obtain these same penalties for the org. ASM Committee on Judiciary Policy Analysis, May 4, 2010 notes additional proposed amendments to clarify scope of prohibited conduct. Amended in Assembly, May 11, 2010 Sec. 1 completely revises "findings" to "(a) Declawing and devocalizing are veterinary surgical procedures that have irreversible effects on the animals that undergo these procedures. (b) Declawing and devocalizing may have the unintended consequence of creating potential public health and safety concerns; for example, the possible safety risk to law enforcement officers posed by a devocalized attack dog present on property that law enforcement officers have legal cause to enter to investigate illegal activity. (c) The permanence of these surgical procedures contrasts with the temporary nature of the occupancy of real property owned by another, which generally lasts only for a fixed term and may be terminated upon notice by one of the parties. (d) Therefore, it is the intent of the Legislature to restrict the ability of a person or corporation to impose conditions on occupancy of property that are based on declawing or devocalizing an animal that is allowed on the premises". ; re-wording other provisions. Assembly Floor Analysis, May 12, 2010 Amended in Senate, June 7, 2010 to add descriptive language that declawing could result in feline behavior endangering public health and safety by increased aggression and litter box avoidance and dog "de-vocalizing" and dog-devocalization endanger law enforcement officer with legal cause for entry rather than "investigating illegal activity" (broader meaning); adds to authorized non-profit enforcing agencies "whose mission includes the protection of fair housing laws"; and ". A person may sue for declaratory relief, injunctive relief, or for monetary relief as provided in paragraphs (2) and (3)." when 2 and 3 give rise to penalty whether or not procedure was performed. This increases liabilities for landlords and incentives for outright prohibition of dogs and cats and any negotiation for their occupancy. Senate Committee on Judiciary Policy Analysis, June 15, 2010 Senate Floor Analysis, June 17, 2010 Amended in Senate, July 15, 2010 Minor change to the proposed new Civil Code Sec. 1942.7(d) to incorporate final sentence into prior sentence to clarify that organizations (not only individuals) may sue for declaratory relief, injunctive relief, or for monetary relief as provided. Senate Floor Analysis, August 4, 2010
Senate Floor Analysis, August 17, 2010 Amended in Senate, August 20, 2010 reduces the monetary civil penalty to no more than $1,000 per animal, paid to either the person harmed OR entity authorized, now limited to a city attorney, district attorney, or other law enforcement prosecutorial entity, to bring legal action. Senate Floor Analysis,, August 23, 2010 Assembly Floor Analysis, August 24, 2010
VETO MESSAGE, AB 2743
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ASM Committee on Judiciary Hrg 5/4 Hearing postponed by Committee,
Author's amendments Hrg 5/4 passed 9-0 (1) out, to be amended per Analysis
Hearing Audio
ASM Flr 3rd Rdg 5/13/10 pass 65-7 (9, V)
SEN Com on Judiciary Hrg 6/15 pass 3-2 (partisan) Hearing Audio
Note: background barking @ our office, entirely coincidental
SENATE FLOOR 3rd Rdg 8/11/10 passage refused 19-14 Motion for Reconsideration by Sen Pavley pass 33-0 (5-2V)
3rd Rdg 8/24/10 pass 22-12 (5,V) (2 votes needed to pass by Rs, Tony Strickland, Sam Blakeslee ASM Concurrence Rule 77 suspended 8/25 pass 58-17(3,2V) Enrolled 8/31/10 9/3 to Gov 9/30 VETOED BY GOV
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OPPOSE 4/21/10
OPPOSE 4/29/10
OPPOSE 6/4/10
OPPOSE 6/8/10
See Federal Issues page: H.R. 5422 (2010) for topical context
VETO REQUEST
Governor's Fax 916-558-3106
State Capitol Bldg Sacramento 95814 Phone: 916-445-2841
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