 |
State Humane Association of California - Legislation
Legislation
Bills Introduced in 2011
Bills Signed into Law in 2010
Frequently Asked Questions
Key Animal-Related Bills Introduced in 2011
Bill # |
Name |
Legislator |
Summary |
SHAC's Position |
Status |
| AB 222 |
Food and Agriculture: omnibus bill |
Galgiani |
Defines "business day" for the purpose of holding periods as "any day that a public or private shelter is open to the public for at least four hours, excluding state holidays." AB 222 trumps the definition of "business day" set forth in Purifoy v. Howell.
|
Support |
Signed by Governor |
| AB 258 |
Rabies: vaccinations |
Hagman |
Allows exemption from rabies vaccination if a licensed veterinarian determines that the vaccination would endanger the dog’s life due to disease or other considerations. Owner must execute statement affirming that the owner understands the consequences and accepts all liability. At the discretion of the local health officer, the dog may be confined to the owner’s premises and, when off premises, shall be on a leash 6 feet or less and under the direct physical control of an adult. Also, dog shall not have contact with a dog/cat that is not currently vaccinated against rabies.
|
Support
|
Signed by Governor |
| AB 564 |
Spay/Neuter Check Off |
Smyth |
Allows taxpayer to designate on state tax return that a specified amount in excess of his or her liability be transferred to the Municipal Spay-Neuter Fund. Only municipal shelters are eligible to apply for the funds. However, SHAC was able to negotiate the following amendment (not yet in print): Funds obtained by a municipality under a grant from the Municipal Shelter Spay Neuter Fund may be used to pay for free or low-cost spay/neuter services provided to the municipality by outside agencies that are under contract or in a demonstrated partnership with that municipality.
|
Support
|
Signed by Governor |
| AB 1117 |
Animal Abuse: penalties |
Smyth |
- Extends the provisions of 597.1 to animals seized pursuant to a search warrant.
- Provides that a person convicted of a misdemeanor violation of 597(a)(cruelty), 597(b) (neglect), 597a (cruelty in a vehicle), 597b (animal fighting), 597h (attaching a live animal to a device for the purpose of getting a dog to chase it), 597j (possession of fighting animal), 597s (abandonment), or 597.1 would not be allowed to own, possess, maintain, have custody of, reside with, or care for any animal for at least five years.
- Provides that a person convicted of felony violation of 597(a) (cruelty), 597(b)(neglect), 597b (animal fighting), 597.5 (dog fighting) would not be permitted to own, possess, maintain, have custody of, reside with, or care for any animal for a period of not less than ten years.
|
Support |
Signed by Governor |
| AB 1121 |
Puppy Licenses |
Pan |
|
Watch
|
|
| SB 425 |
Animal Fighting |
Calderon |
- Increases penalty for minor under 16 years of age who attends a cockfight from $100 to $500. Jail time of up to 25 days remains the same.
- Creates $2,500 fine for tying/attaching a live animal to a machine or device propelled by power for the purpose of causing that animal to be pursued by a dog. Already a misdemeanor.
- Allows for forfeiture in cockfighting convictions.
|
Support
|
Signed by Governor |
| SB 426 |
Animal Fighting |
Calderon |
Provides that any building or property used for the purpose of willfully conducting dogfighting in violation of Penal Code section 597.5 or cockfighting in violation of Penal Code Section 597b(b) is a public nuisance and the tenants may be evicted.
|
Support |
Signed by Governor |
| SB 647 |
Civil law: omnibus bill |
Committee on Judiciary |
Makes non-substantive changes to Corporations Code Section 14502. |
Support |
Signed by Governor |
| SB 702 |
Microchips |
Lieu |
Requires shelters and rescue groups to microchip dogs upon release to owner or adoption. If the agency does not have microchipping available, owner/adopter must provide proof of microchipping within 30 days.
|
Support |
|
| SB 917 |
Animal Abuse |
Lieu |
- Makes it unlawful for any person to willfully sell, display for sale or offer for sale, or give away as part of a commercial transaction, a live animal on any street, highway, public right-of-way, parking lot, carnival, or boardwalk (with certain exceptions).
- Increases the misdemeanor penalty from up to six months in county jail to up to one year in county jail for animal neglect.
|
Support |
Signed by Governor |
| SCR 51 |
Microchip Your Animal Day 2011 |
Lieu |
Declares July 7, 2011 Microchip Your Animal Day 2011
|
Support |
|
Animal-Related Bills Signed into Law during 2010
Bill # |
Name |
Legislator |
Summary |
| AB 1980 |
Veterinary medicine |
Hayashi |
Makes modifications to the Veterinary Medical Practice Act including: adding one RVT to the Veterinary Medical Board; requiring a Veterinary Medicine Multidisciplinary Advisory Committee to administration and enforcement of the Act; defining that one who performs physical rehabilitation or musculoskeletal manipulation upon an animal means practicing veterinary medicine; changing reporting for rendering treatment to an animal known to be injured at a rodeo event; exempting veterinarians and registered veterinary technicians from liability for services rendered to animals during a state of war, state of emergency, or local emergency.
|
| AB 2243 |
Search and rescue dogs |
Smyth |
Prohibits discrimination against the handler of a search and rescue dog, including denying service to the handler based on the presence of the dog. Requires the handler to be liable for any damages to the premises or facilities caused by the dog.
|
| AB 2689 |
Rabies vaccinations |
Smyth |
Permits a city, county, or city and county to specify the means by which a dog owner is required to provide proof of his or her dog's rabies vaccination.
|
| SB 1176 |
Animals at large: estrays: estray laws |
Aanestad |
Provides state provisions relating to estrays do not affect any city or county law, ordinance, or regulation regarding estrays, the poundkeeper, or other pound officer, or a public animal control agency or shelter. Includes a public animal control agency or shelter in requirement to immediately notify the Secretary of Food and Agriculture upon the impounding of any bovine animal, horse, mule, or burro.
|
| SB 1190 |
Animal control officers: illegal dumping enforcement officers: baton training. |
Cedillo |
Requires animal control officers and illegal dumping enforcement officers to complete training approved by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton in order to carry a club or baton.
|
| SB 1417 |
Corporations for prevention of cruelty to animals |
Cox |
Modifies Sections 10402, 10405, 14501, and 14502 of the Corporations Code including: requiring corporations for the prevention of cruelty to children or animals, or both to serve a copy of the Petition for Order Endorsing Articles of Incorporation on the State Humane Association of California and each law enforcement agency and animal control agency having jurisdiction in the county in which the society proposes to operate; requiring that, prior to submitting an application for appointment of a humane officer, a society's articles of incorporation shall have been endorsed at least 5 years earlier, if incorporated on or after January 1, 2011, and that the society shall have been operating an animal shelter for at least 3 years, and shall have been in compliance with all applicable federal, state, and local laws for at least 5 years; imposing additional training requirements for humane officers.
|
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.
|
|
