BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2132| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2132 Author: Houston (R) Amended: 8/13/08 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 three signs to be posted every mile along the exterior boundary of property, and (2) requires that signs be at least 8-1/2 by 11 inches in size. Senate Floor Amendments of 8/13/08 (1) clarify that the prohibition against removing specified dog collars applies only to dogs that are actively engaged in hunting, (2) modify the proposed standard for spacing "no hunting" signs and requires that such signs not be placed immediately CONTINUED AB 2132 Page 2 adjacent to one another, and (3) clarify that an applicant for a commercial hunting club license that affects more than one property may do so with a single application. 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). 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, who is actively engaged in hunting, 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 three signs to be posted every 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 8/14/08) 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 AB 2132 Page 3 OPPOSITION : (Verified 8/14/08) 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 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, AB 2132 Page 4 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 CTW:cm 8/15/08 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****