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State Humane Association of California - Legislation
Legislation
Updated October
12, 2009
Bills Signed by Governor Schwarzenegger
AB
242.
Dog Fighting.
Assemblymember Pedro Nava
Increases the penalty for being a spectator at a dog fight
from imprisonment in a county jail for up to six
months and/or a fine of up to $1,000
to imprisonment in a county jail for up to one year and/or a
fine of
$5,000.
SB 135.
Tail Docking of Cows.
Senator Dean
Florez
-
Existing law
makes it a misdemeanor for any person to cut the solid
part of the tail of any horse in the operation known as
"docking." This bill would likewise prohibit the docking
of cattle, as defined, but would exclude from the
application of the crime of cattle docking emergency
veterinary treatment performed, as specified.
SB 318.
Dog Fighting Forfeitures.
Senator Ron
Calderon
Provides forfeiture procedures for certain property that
was acquired through the crime of dogfighting.
Bills Vetoed by Governor Schwarzenegger
AB 241.
Limits on Intact Dogs/Cats.
Assemblymember Pedro Nava
AB 243.
Animal Abuse.
Assemblymember Pedro Nava
-
When a
person is convicted under Penal Code 597.1, the court is
required -- as a condition of probation -- to
make an order prohibiting the convicted person from
owning, possessing, caring for, or having any contact
with animals of any kind and to order the convicted
person to immediately deliver all animals in his or her
possession to a designated public entity.
-
Existing law
provides that the cost of seizing, caring for, and
treating any animal seized under Penal Code section
597.1's provisions relating to the failure to care for
animals shall constitute a lien on the animal and that
the animal shall not be returned to its owner until the
charges are paid. Existing law further provides that no
animal properly seized pursuant to these provisions
shall be returned to its owner until, in the
determination of the seizing agency or hearing officer,
the animal is physically fit, or the owner can
demonstrate that the owner can and will provide the
necessary care. AB 243 would additionally apply these
provisions to animals seized pursuant to a search
warrant. The bill would, in the event that the owner has
satisfied the lien, provide a process for the seizing
agency or prosecuting attorney to file a petition
seeking forfeiture of any animal.
-
Existing law
establishes various other crimes regarding cruelty to
animals and the failure to care for animals. This bill
would require the court, upon conviction of a person for
certain of these crimes, in addition to any other
sentence or penalty, to enter an order enjoining the
person from owning, possessing, maintaining, having
custody of, residing with, or caring for any animal
within a specified period after conviction, and would
make related changes. The bill would make a violation of
this order a misdemeanor, as specified. The bill would
provide that the court may, in the interest of justice,
reduce the duration of, or, in the case of livestock
owners, exempt a defendant from, these restrictions
under specified circumstances. By creating a new crime
and by increasing the duties of local humane officers,
this bill would impose a state-mandated local program.
AB 1122.
Animal Sales.
Assemblymember Pedro Nava
-
Makes it
unlawful for any person to willfully sell, display for
sale, or give away as part of a commercial transaction,
a live animals on any street, highway, public
right-of-way, parking lot, carnival, or boardwalk.
-
On the first
offense, a person is guilty of an infraction punishable
by fine up to $250. However, if the person either
causes or permits any animal to suffer or be injured, or
causes or permits any animal to be placed in a situation
in which its life or health may be endangered, shall be
guilty of a misdemeanor. On a second or subsequent
offense, the person is guilty of a misdemeanor.
-
A
misdemeanor is punishable by a fine of up to $1,000 per
violation. However, the court must weigh the
gravity of the violation when setting the fine.
-
Enforceable
by a peace officer, animal control officer, or humane
officer.
-
Humane
societies, SPCAs, and animal control agencies are
exempted as well as numerous other entities such as live
animal markets (regulated under Penal Code section
597.3), 4-H clubs, and dog shows.
___________________________________
California
Legislature FAQ
1.
How
does a bill become law?
2.
Where can I get detailed information on a particular
bill?
3.
I don't know who my senator and assembly member are. How
can I find out?
4.
How many senators and assembly members are there in
California?
5.
Why is my senate district different than my assembly
district?
6.
How often are state legislators elected? Does California
have terms limits?
1. How
does a bill become a law?
When
one of our legislators -- senator or assembly member -- seeks to
introduce a bill, that legislator works with the Office of Legislative
Counsel to draft the bill. If the author of the bill is a
senator, the draft bill is introduced on the floor of the Senate;
if the author of the bill is an assembly member, the bill is read
or introduced in the Assembly. Thereafter, the bill is sent
to the Office of State Printing.
A
minimum of 30 days from the date of introduction, the bill
is sent to the Rules Committee of the house in which the bill
was introduced for assignment to the appropriate policy committee(s)
for hearing. At the hearing, the author presents the bill
and testimony is heard in support of and in opposition to the
bill from members of the public. The committee then
votes on the bill, which yields one of three possible outcomes. The
bill is either 1) passed, 2) passed as amended by the committee,
or 3) defeated.
If
the bill is passed (either the original or as amended), it is read for a second time in the house in which the bill was
introduced and then the bill is assigned for a third reading. Prior
to the third reading, an analysis of the bill is prepared. During
the third reading, the author explains the bill, members discuss
the bill, and a vote is taken by roll call. Bills that
require appropriation or take effect immediately require 27 votes
in the Senate (out of a possible total of 40 ) and 54 votes in
the Assembly (out of a possible total of 80). All
other bills require 21 votes in the Senate and 41 votes in the
Assembly.
If
the bill is passed, it is then sent to the other house, where
the above process is repeated. If the bill is amended in
the second house, it must be sent back to the original house
for approval. If the original house does not approve the
bill, it is sent to a two-house conference committee to negotiate
a bill that is satisfactory to both houses. If a comprise
is reached, the bill is sent back to both houses for a vote.
If
the bill is approved by both the Senate and the Assembly, it
is sent to the Governor, who may take one of three actions. The
Governor may 1) sign the bill into law, 2) allow the bill to
become law without signature, or 3) veto the bill. If the
Governor vetoes the bill, it can still be passed by a 2/3 vote
in both the Senate and Assembly. If the bill becomes law,
it generally goes into effect on January 1 of the following year.
2. Where
can I get detailed information on a particular bill?
Go
to the Office of Legislative Counsel's official California legislative
information website at
www.leginfo.ca.gov and
click on the "Bill Information" tab. You will see
detailed information about a bill, including its author, amendments,
history, status, and analyses.
3. I
don't know who my senator and assembly member are. How can
I find out?
Go
to the Office of Legislative Counsel's official California
legislative information website at
www.leginfo.ca.gov and
click on the "Your Legislature" tab. You
will also find useful links to legislators' web pages, legislative
committees, the legislative calendar, and other related topics.
4. How
many senators and assembly members are there in California?
There
are 40 Senators and 80 Assembly persons.
5. Why
is my senate district different than my assembly district?
California
is divided into 40 Senate districts. Within each Senate
district, there are two Assembly districts, for a total of 80
Assembly districts. To view a map of the Senate
districts, click
here. To
view a map of the Assembly districts in PDF format, click
here.
6. How
often are state legislators elected? Does California have terms
limits?
One-half of the Senators
are elected or re-elected every 2 years for four-year terms.
A Senator may serve a total of two 4-year terms. All Assembly
members are elected or re-elected every two years for 2-year terms.
An Assembly member may serve a total of three 2-year terms.
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