BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 880|
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UNFINISHED BUSINESS
Bill No: SB 880
Author: Calderon (D), et al
Amended: 7/10/07
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 5-2, 5/8/07
AYES: Steinberg, Margett, Cogdill, Hollingsworth, Kehoe
NOES: Kuehl, Migden
NO VOTE RECORDED: Machado
SENATE FLOOR : 27-8, 5/29/07
AYES: Aanestad, Ackerman, Ashburn, Calderon, Cedillo,
Cogdill, Cox, Denham, Ducheny, Dutton, Florez, Harman,
Hollingsworth, Kehoe, Margett, McClintock, Negrete
McLeod, Oropeza, Padilla, Ridley-Thomas, Romero, Runner,
Steinberg, Torlakson, Wiggins, Wyland, Yee
NOES: Alquist, Correa, Kuehl, Lowenthal, Machado, Migden,
Perata, Simitian
NO VOTE RECORDED: Battin, Corbett, Maldonado, Scott,
Vincent
ASSEMBLY FLOOR : 44-27, 9/5/07 - See last page for vote
SUBJECT : Crime
SOURCE : Adidas America
DIGEST : This bill repeals, until January 1, 2011, the
state prohibition and criminal penalty on the importation
or sale of kangaroo parts or products in California.
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Assembly Amendments made technical changes and added
co-authors.
ANALYSIS :
Existing law:
1. Makes it unlawful to import into this state for
commercial purposes, to possess with intent to sell, or
to sell within the state, the dead body or any part or
product thereof, of any polar bear, leopard, ocelot,
tiger, cheetah, jaguar, sable antelope, wolf, zebra,
whale, cobra, python, sea turtle, colobus monkey,
kangaroo, vicuna, sea otter, free-roaming feral horse,
dolphin or porpoise, Spanish lynx, or elephant.
2. Allows the sale of crocodile or alligator parts or
products until January 1, 2010, after which date it
shall be unlawful to import or sell the parts or
products of these animals in California.
3. Makes a violation of this section a misdemeanor,
punishable by a fine of $1,000 to $5,000 and/or six
months in county jail.
This bill:
1. Provides that it shall be lawful to import or sell in
California products made from kangaroos harvested
lawfully under Australian national and state law, the
federal Endangered Species Act, and applicable
international conventions, provided that the Department
of Fish and Game (DFG) is annually informed by the
Australian government that the commercial harvest of
kangaroos in any future year will not exceed the
official quota established for 2007, or what the lawful
take of kangaroos is in each subsequent year, whichever
is less.
2. Requires DFG, if it fails to receive the annual report
referred to in #1 above, to inform the Australian
government that future importation of kangaroos into
California shall be halted and their importation or sale
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in this state shall be unlawful and subject to criminal
penalty.
3. Provides that the provisions allowing for importation
and sale of kangaroo parts or products in California
shall sunset on January 1, 2011.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 9/5/07)
Adidas America (source)
5.11 Tactical
Australian Government
Australian Minister for the Environment and Water Resources
California Black Chamber of Commerce
California Chamber of Commerce
California Hispanic Chamber of Commerce
California Retailers Association
CD Chivas USA
Chick's Sporting Goods
Commission of Major League Soccer
Congress of California Seniors
Los Angeles Galaxy
Major League Soccer
National Soccer Coaches Association of America
National Sporting Goods Association
Soccer City
Soccer Pro
Sport Chalet
Sporting Goods Manufactures Association
OPPOSITION : (Verified 9/5/07)
American Society for the Prevention of Cruelty to Animals
Animal Legal Defense Fund
Animal Place
Animal Protection Institute
Animal Switchboard
Association of Veterinarians for Animal Rights
California Federation for Animal Legislation
Farm Sanctuary
Last Chance for Animals
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League of Humane Voters-California Chapter
The Humane Society of the United States
United Animal Nations
Viva
ARGUMENTS IN SUPPORT : According to the author's office
and many supporters, the current criminal code prohibition
against selling products made from kangaroo leather should
be repealed in order to make these products legally
available in California. The author's office believes that
this bill allows California to continue to prohibit the
sale of products made from species of kangaroos that are
listed as threatened or endangered under the federal
endangered species act.
ARGUMENTS IN OPPOSITION : The opposition does not agree
that the present statute is ambiguous. Many opponents
believe that the entire genus of kangaroo needs to be
included in order to protect the species that are
endangered or threatened or closely resemble those listed
species. They add that the continued prohibition on the
sale of kangaroo skins and meat is the only way to ensure
that protected species and species that are not hunted in
certain jurisdictions will not have their survival put in
jeopardy and their skins accidentally sold in California.
One example, from United Animal Nations, is that in
Queensland, the Western Gray Kangaroo is not allowed to be
killed, but it can be mistaken for the Eastern Grey, which
is allowed to be hunted.
ASSEMBLY FLOOR :
AYES: Aghazarian, Anderson, Arambula, Bass, Charles
Calderon, Carter, Cook, Davis, De La Torre, De Leon,
DeVore, Duvall, Dymally, Emmerson, Evans, Fuentes,
Fuller, Gaines, Galgiani, Garrick, Hernandez, Horton,
Houston, Huff, Huffman, Jeffries, Keene, La Malfa, Maze,
Mendoza, Nakanishi, Niello, Parra, Portantino, Price,
Sharon Runner, Silva, Soto, Torrico, Tran, Villines,
Walters, Wolk, Nunez
NOES: Adams, Beall, Benoit, Berg, Berryhill, Blakeslee,
Brownley, Caballero, DeSaulnier, Feuer, Garcia, Hancock,
Hayashi, Krekorian, Laird, Leno, Levine, Lieber, Lieu,
Ma, Mullin, Nava, Ruskin, Salas, Smyth, Spitzer, Swanson
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NO VOTE RECORDED: Coto, Eng, Jones, Karnette, Plescia,
Saldana, Solorio, Strickland, Vacancy
CTW:mw 9/6/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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