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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 CowsSenator 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 ForfeituresSenator 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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