Headlines  |  Bills  |  The Nooner  |  Code/Laws  |  ElectionTrack $$$   |  Elections  |  About   |  Contact Scott |  
OR: Create Account  Log In

Get Scott's free daily lunchtime California Capitol news update, THE NOONER:
   
(): (California Senate Bill)

help



join the cool folks
and advertise on aroundthecapitol.com


california legislation > ():
Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)
AMENDED IN SENATE MARCH 26, 2012

INTRODUCED BY Senator Lieu
( Coauthor: Senator
Steinberg
)

FEBRUARY 23, 2012

An act to amend Section 3960 of, and to repeal Section 4756
of, the Fish and Game Code,
relating to air quality
mammals .



LEGISLATIVE COUNSEL'S DIGEST


SB 1221, as amended, Lieu. Air quality.
Mammals: use of dogs to pursue bears and bobcats.

Existing law prohibits a person from permitting a dog to pursue
any big game mammal, as defined, during the closed season, or any
fully protected, rare, or endangered mammal at any time. Employees of
the Department of Fish and Game are authorized to capture any dog
not under the reasonable control of its owner or handler, that is in
violation of that provision, or that is inflicting, or immediately
threatening to inflict, injury in violation of this provision. Under
existing law, certain violations of the Fish and Game Code are
misdemeanors. Existing law prohibits a person from using dogs to
hunt, pursue, or molest bears, except under certain conditions.


This bill would prohibit a person from permitting a dog to pursue
a bear or bobcat at any time. This bill would exempt from that
prohibition the use of dogs by federal, state, or local law
enforcement officers, or their agents or employees, when carrying out
official duties as required by law.

By changing the definition of a crime, this bill would impose a
state-mandated local program.

The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.

This bill would provide that no reimbursement is required by this
act for a specified reason.

Under existing law, the State Air Resources Board coordinates
efforts to attain and maintain ambient air quality standards, and
conducts research into the causes of and solution to air pollution.

This bill would state that it is the intent of the Legislature to
enact legislation to ensure that adverse effects to public health
from air pollution are minimized at regional sources, such as
airports, ports, and highways.

Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 3960 of the Fish and
Game Code
is amended to read:
3960. It (a) (1)
For the purpose of this section, "pursue" means
pursue, run, or chase.

(2) For the purpose of this section, "bear" means any black bear,
brown bear, or any other subspecies of bear found in the wild in this
state.

(b) It is unlawful to permit or
allow any dog to pursue any big game mammal during the closed season
on such that mammal, to pursue any
fully protected, rare, or endangered mammal at any time, to
pursue any bear or bobcat at any time,
or to pursue any mammal
in a game refuge or ecological reserve if hunting within
such
that refuge or ecological reserve is
unlawful.
Employees of the department may capture

(c) (1) The department may take any of the following actions:

(A) Capture any dog not under the
reasonable control of its owner or handler, when such
that uncontrolled dog is pursuing, in violation
of this section, any big game mammal , any bear or
bobcat, or any
fully protected, rare, or endangered mammal.

Employees of the department may capture

(B) Capture or dispatch any dog
inflicting injury or immediately threatening to inflict injury to any
big game mammal during the closed season on such
that mammal, and they the
department
may capture or dispatch any dog inflicting injury or
immediately threatening to inflict injury on any bear or bobcat
at any time, or any
fully protected, rare, or endangered
mammal at any time.
Employees of the department may capture

(C) Capture or dispatch any dog
inflicting injury or immediately threatening to inflict injury to any
mammal in a game refuge or ecological reserve if hunting within
such that refuge or ecological reserve
is unlawful.
No

(2) No criminal or civil
liability shall accrue to any department employee as a result of
enforcement of this section. For the purpose of this
section, "pursue" means pursue, run, or chase.

(3) This section does not apply to the use of dogs to pursue bears
or bobcats by federal, state, or local law enforcement officers, or
their agents or employees, when carrying out official duties as
required by law.

Owners

(4) Owners of dogs with
identification, that have been captured or dispatched, shall be
notified within 72 hours after capture or dispatch.
SEC. 2. Section 4756 of the Fish and
Game Code
is repealed.
4756. Except as provided in this section it is unlawful to use
dogs to hunt, pursue, or molest bears.
The use of one dog per hunter is permitted for the hunting of
bears during the time that the season is open for the taking of deer
in the area of the state affected.
The use of more than one dog per hunter is permitted in the
hunting of bears during the open season on bears in the area of the
state affected except during the period when archery deer seasons or
regular deer seasons are open.

SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.

SECTION 1.
It is the intent of the Legislature
to enact legislation to ensure that adverse effects to public health
from air pollution are minimized at regional sources, such as
airports, ports, and highways.