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: 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
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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
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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,
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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
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