BILL ANALYSIS                                                                                                                                                                                                    


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                                 THIRD READING

          Bill No:  AB 2233
          Author:   Maze (R)
          Amended:  7/7/08 in Senate
          Vote:     21

          AYES:  Lowenthal, Cedillo, Corbett, Harman, Kehoe, Oropeza,  
            Torlakson, Yee
          NOES:  McClintock, Simitian
          NO VOTE RECORDED:  Ashburn, Hollingsworth, Maldonado

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  44-20, 5/5/08 - See last page for vote

           SUBJECT  :    Driving with animals

           SOURCE  :     Author

           DIGEST  :    This bill makes it unlawful, beginning July 1,  
          2009, for a person to drive a motor vehicle while holding a  
          live animal in his/her arm or arms or lap.

           ANALYSIS  :    Existing law includes a number of provisions  
          regarding obstructed view, distracted driving, and properly  
          restraining children and animals to ensure their safety. 

          1.Existing Law prohibits a person from driving a vehicle  
            when it is loaded in a manner that obstructs the view  


                                                               AB 2233

            of the driver to the front or sides of the vehicle or  
            that interferes with the driver's control over the  

          2.Drivers age 18 years and older will be prohibited,  
            beginning July 1, 2008, from operating a motor vehicle  
            while using a wireless telephone unless that telephone  
            is used in a hands-free manner, and drivers under the  
            age of 18 will be prohibited from using any mobile  
            service device while operating a vehicle.  

          3.To provide additional protection to small children,  
            drivers may not transport a child who is under six  
            years of age or who weighs less than 60 pounds in a  
            motor vehicle without properly securing the child in a  
            rear seat in a child passenger restraint system meeting  
            applicable federal standards.

          4.To prevent animals that are being transported in the  
            back of a truck from being thrown, falling, or jumping  
            from the vehicle, existing law prohibits a person from  
            transporting any animal in the back of the vehicle in a  
            space intended for any load unless the space is  
            enclosed, has side and tail racks at least 46 inches  
            high, the animal is cross tethered to the vehicle, or  
            the animal is protected by a secured container, cage,  
            or other apparatus in a manner that will prevent the  
            animal from being discharged from the vehicle.

          This bill, beginning July 1, 2009, makes it unlawful for a  
          person to drive a motor vehicle while holding a live animal  
          in his or her arm or arms, or upon his/her lap.

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

           SUPPORT  :   (Verified  8/6/08)

          Eagle Forum of Sacramento
          Manufacturers Association, Inc.
          State Humane Association of California

           ARGUMENTS IN SUPPORT  :    The author's office asserts that  


                                                               AB 2233

          it is an extremely dangerous proposition to operate a  
          vehicle while holding a live animal, and it can be  
          extremely hazardous for other drivers on the road as well.   
          Current law does not address this issue.

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

          JJA:AGB:do  8/6/08   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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