BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2132
                                                                  Page  1

          Date of Hearing:   April 30, 2008 

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mark Leno, Chair

                   AB 2132 (Houston) - As Amended:  March 11, 2008 

          Policy Committee:                              Water, Parks &  
          Wildlife     Vote:                            13-0
                        Public Safety                           7-0  
          (Consent)

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill establishes protocols regarding the use of hunting  
          dogs and the posting of trespass signs.  Specifically, this  
          bill:

          1)Prohibits a person from removing the collar from a dog without  
            permission from the dog's owner and with the intent to prevent  
            or hinder the owner from finding the dog.

          2)Requires a court to order a person who violates #1 above to  
            pay the dog's owner, if it is lost or killed, an amount equal  
            to the dog's value, and allows the court to order additional  
            payments reflecting any lost breeding revenues.

          3)Requires the Fish and Game Commission (FGC) to consider  
            adopting regulations to allow the use of one dog per hunter to  
            aid in the recovery of deer during archery season.

          4)Changes the minimum interval for posting private property  
            trespass signs aimed at hunters from three per mile to one per  
            one-third mile, and requires these signs to be at least 8.5"  
            by 11" in size.

           FISCAL EFFECT  

          Minor potential costs, if any, to the Department of Fish and  
          Game (DFG) to develop regulations allowing the use of dogs  
          during archery season for deer hunters.  (Fish and Game  
          Preservation Fund.)








                                                                  AB 2132
                                                                  Page  2


           COMMENTS  

           1)Rationale  .  The author contends there have been several  
            instances in which the collars of hunting dogs, including  
            electronic or radio transmitting collars, are removed by angry  
            landowners, with the intent to prevent or hinder the dog's  
            owner from finding it.  The author also believes the posting  
            of trespass signs needs to be more uniform in both placement  
            and size, and that persons who hunt deer with bows and arrows  
            during archery season should be able, like gun toting deer  
            hunters, to use a dog to help track a wounded deer.

           2)Applicability of Dog Collar Provision  .  While the author is  
            concerned about hunting dog welfare and the prohibition  
            against dog collar removal is placed in the Fish and Game  
            Code, the prohibition applies to all instances in which a  
            person removes a dog collar without the owner's permission and  
            with the intent to prevent or hinder the owner from finding  
            the dog.

           3)Judicial Discretion  .  This bill requires a judge to order any  
            person convicted of unlawfully removing a dog collar to pay  
            restitution to the dog's owner in the amount of the dog's  
            actual value.  To preserve judicial discretion, this bill  
            should authorize a judge to require such a restitution  
            payment.

           Analysis Prepared by  :    Steve Archibald / APPR. / (916)  
          319-2081