BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2132|
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                                 THIRD READING


          Bill No:  AB 2132
          Author:   Houston (R)
          Amended:  6/17/08 in Senate
          Vote:     21

           
           SENATE NATURAL RES. & WATER COMMITTEE  :  8-0, 6/10/08
          AYES:  Steinberg, Hollingsworth, Cogdill, Kehoe, Kuehl,  
            Machado, Margett, Migden

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  75-0, 05/08/08 - See last page for vote


           SUBJECT  :    Wildlife:  hunting

           SOURCE :     California Outdoor Heritage Alliance


           DIGEST  :    This bill makes it unlawful to remove the collar  
          of a hunting dog with the intent to prevent the owner of  
          the dog from recovering it, and clarifies the posting  
          requirements of signage so that hunters can better identify  
          lands by (1) requiring at least one sign to be posted every  
          one-third mile along the exterior boundary of property, and  
          (2) requires that signs be at least 8-1/2 by 11 inches in  
          size.

           ANALYSIS  :    Existing laws for hunting and fishing in  
          California are contained in the Fish and Game Code and  
          regulations of the Department of Fish and Game and the  
          California Fish and Game Commission (Commission).
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          An existing provision makes it unlawful to enter lands that  
          are posted with signs forbidding trespassing for the  
          purpose of hunting, without written permission from the  
          owner, provided the signs are posted in accordance with the  
          law, which, among other criteria, requires three signs  
          posted per mile.

          Existing law also provides for an archery season for deer  
          under regulations established by the Commission.

          Existing law prohibits a hunter from intentionally firing a  
          weapon across any public road in an unsafe manner.

          This bill makes it unlawful to remove the collar of a  
          hunting dog with the intent to prevent the owner of the dog  
          from recovering it, and clarifies the posting requirements  
          of signage so that hunters can better identify lands by (1)  
          requiring at least one sign to be posted every one-third  
          mile along the exterior boundary of property, and (2)  
          requires that signs be at least 8-1/2 by 11 inches in size.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  7/1/08)

          California Outdoor Heritage Alliance (source)
          California Deer Association
          California Houndsmen for Conservation
          California Waterfowl Association
          Delta Waterfowl Foundation
          Lower Sherman Island Duck Hunter's Association
          Mule Deer Foundation
          PetPAC

           OPPOSITION  :    (Verified  7/1/08)

          California Animal Association
          California Federation for Animal Legislation

           ARGUMENTS IN SUPPORT  :    The sponsors of the bill, the  
          California Outdoor Heritage Alliance, writes, "AB 2132  
          would make it a crime to remove the collar of a hunting dog  







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          with the intent to prevent the owner of the dog from  
          recovering it.  There have been several recent cases in  
          California as well as in other states of members of the  
          public removing the collars of hunting dogs while they are  
          in the field without the dog owners' authorization, which  
          has threatened the safety and well being of the dogs.  In  
          response, several states, including West Virginia, Virginia  
          and North Carolina, have passed laws making such action a  
          crime.  AB 2132 would adopt language very similar to the  
          recently passed Virginia law.

          "Further, AB 2132 seeks to clarify Fish and Game Code  
          Section 2016, which requires hunters to receive written  
          permission from landowners in order to hunt their property  
          if the property is under cultivation, fenced or posted with  
          at least three signs (of any size) per mile along all  
          exterior boundaries.  While it is relatively easy for  
          hunters to identify property that is either farmed or  
          enclosed by a fence, it can be more difficult for them to  
          determine which non-agricultural or unfenced lands are so  
          restricted.  AB 2132 would help prevent trespass by  
          requiring non-agricultural or unfenced lands to be posted  
          with one sign at least 8-1/2 by 11 inches in size per  
          one-third mile along all exterior boundaries, so that  
          hunters can better identify restricted lands."


           ASSEMBLY FLOOR : 
          AYES:  Adams, Aghazarian, Anderson, Arambula, Bass, Beall,  
            Benoit, Berg, Berryhill, Blakeslee, Brownley, Caballero,  
            Charles Calderon, Carter, Cook, Coto, Davis, De La Torre,  
            DeSaulnier, DeVore, Duvall, Dymally, Emmerson, Eng,  
            Evans, Feuer, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garcia, Garrick, Hancock, Hayashi, Hernandez,  
            Horton, Houston, Huff, Huffman, Jeffries, Jones,  
            Karnette, Keene, Krekorian, La Malfa, Laird, Leno,  
            Levine, Lieber, Lieu, Ma, Maze, Mendoza, Mullin,  
            Nakanishi, Nava, Niello, Parra, Plescia, Portantino,  
            Price, Ruskin, Salas, Saldana, Smyth, Solorio, Spitzer,  
            Strickland, Swanson, Torrico, Tran, Villines, Walters,  
            Wolk
          NO VOTE RECORDED:  De Leon, Sharon Runner, Silva, Soto,  
            Nunez








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          CTW:cm  7/1/08    Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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