Bill Text: CA SB132 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Mountain lions.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-09-06 - Chaptered by Secretary of State. Chapter 208, Statutes of 2013. [SB132 Detail]

Download: California-2013-SB132-Introduced.html

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BILL NUMBER: SB 132	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hill
   (Principal coauthors: Assembly Members Gordon and Mullin)

                        JANUARY 25, 2013

   An act to add Section 4801.5 to the Fish and Game Code, relating
to mountain lions.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 132, as introduced, Hill. Mountain lions.
   Proposition 117, an initiative measure approved by the voters at
the June 5, 1990, statewide direct primary election, enacted the
California Wildlife Protection Act of 1990. The act establishes that
the mountain lion is a specially protected mammal under the laws of
this state, and makes it unlawful to take, injure, possess,
transport, import, or sell any mountain lion or any part or product
thereof. The act authorizes the Department of Fish and Wildlife, or a
specified appropriate local agency authorized by the department, to
remove or take any mountain lion that is perceived to be an imminent
threat to public health or safety or that is perceived by the
department to be an imminent threat to the survival of certain sheep
species. Under the act, mountain lions that are authorized to be
taken are required to be taken by the most effective means available,
except a taking by certain designated means is prohibited.
   This bill would require nonlethal procedures, as defined, to be
used when removing or taking any mountain lion perceived to be an
imminent threat to public health or safety unless the mountain lion
can reasonably be expected to cause immediate death or physical harm.
This bill would authorize the department or an appropriate local
agency to partner with qualified individuals, educational
institutions, governmental agencies, or nongovernmental organizations
to implement nonlethal procedures. This bill would require the
department to prepare a wildlife incident report for the Fish and
Game Commission when any direct action is taken on a mountain lion,
as specified, and would require the commission to submit an annual
written report to the Legislature, as prescribed.
    The California Wildlife Protection Act of 1990 prohibits the
Legislature from changing the act, with specified exceptions, except
by a 4/5 vote of the membership of both houses of the Legislature and
then only if consistent with, and in furtherance of, the purposes of
the act.
   This bill would declare that it is consistent with, and furthers
the purposes of, that act.
   Vote: 4/5. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 4801.5 is added to the Fish and Game Code, to
read:
   4801.5.  (a) Nonlethal procedures shall be used when removing or
taking any mountain lion perceived to be an imminent threat to public
health or safety unless the mountain lion can reasonably be expected
to cause immediate death or physical harm.
   (b) For purposes of this section, "nonlethal procedures" means
procedures that may include, but are not limited to, capturing,
pursuing, anesthetizing, temporarily possessing, temporarily
injuring, marking, attaching to or surgically implanting monitoring
or recognition devices, providing veterinary care, transporting,
hazing, relocating, rehabilitating, releasing, or taking no action.
   (c) The department, or an appropriate local agency with public
safety responsibility authorized by the department, may partner with
qualified individuals, educational institutions, governmental
agencies, or nongovernmental organizations to implement nonlethal
procedures on a mountain lion in accordance with subdivision (a).
   (d) The department shall prepare a wildlife incident report for
the commission when any direct action, lethal or nonlethal, is taken
on a mountain lion pursuant to this chapter. The commission shall
compile wildlife incident reports prepared by the department, and
prepare and submit an annual written report to the Legislature no
later than January 15 following the year in which an incident
occurred.
  SEC. 2.  The Legislature finds and declares that the provisions of
this act are consistent with, and further the purposes of, the
California Wildlife Protection Act of 1990.