Bill Text: CA SB1221 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Mammals: use of dogs to pursue bears and bobcats.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-09-26 - Chaptered by Secretary of State. Chapter 595, Statutes of 2012. [SB1221 Detail]

Download: California-2011-SB1221-Amended.html

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BILL NUMBER: SB 1221	AMENDED
	BILL TEXT

	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.