BILL NUMBER: AB 222	CHAPTERED  07/27/07

	CHAPTER  128
	FILED WITH SECRETARY OF STATE  JULY 27, 2007
	APPROVED BY GOVERNOR  JULY 27, 2007
	PASSED THE SENATE  JULY 16, 2007
	PASSED THE ASSEMBLY  JULY 20, 2007
	AMENDED IN SENATE  JULY 9, 2007
	AMENDED IN SENATE  JUNE 19, 2007
	AMENDED IN SENATE  MAY 25, 2007
	AMENDED IN ASSEMBLY  APRIL 18, 2007

INTRODUCED BY   Assembly Member Emmerson
   (Coauthor: Assembly Member Benoit)

                        JANUARY 29, 2007

   An act to amend Section 4600 of the Fish and Game Code, and to add
Section 53074.5 to the Government Code, relating to fish and game,
and declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 222, Emmerson. Undomesticated burros.
   Existing law makes it unlawful to kill, wound, capture, or have in
possession any undomesticated burro.
   This bill would authorize an officer or employee of a local animal
control agency to remove an undomesticated burro, as defined, that
strays onto private land or a public roadway, as specified. The bill
would authorize an officer or employee of a local animal control
agency to provide medical care or treatment, including, but not
limited to, euthanasia if medically appropriate, to an undomesticated
burro that is seriously ill or injured.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4600 of the Fish and Game Code is amended to
read:
   4600.  (a) It is unlawful to kill, wound, capture, or have in
possession any undomesticated burro, except as provided in Section
53074.5 of the Government Code.
   (b) As used in this section, "undomesticated burro" means a wild
burro or a burro which has not been tamed or domesticated for a
period of three years after its capture. The fact that a burro was
killed, wounded, or captured on publicly owned land, or on land owned
by a person other than the person who killed, wounded, or captured
the burro is prima facie evidence that the burro was an
undomesticated burro at the time it was killed, wounded, or captured.

   (c) Neither the commission nor any other department or agency has
any power to modify the provisions of this section by any order,
rule, or regulation.
  SEC. 2.  Section 53074.5 is added to the Government Code, to read:
   53074.5.  (a) For purposes of this section, "undomesticated burro"
means a wild burro or a burro which has not been tamed or
domesticated for a period of three years after its capture and is not
protected by the federal government under the federal Wild
Free-Roaming Horses and Burros Act (Chapter 30 (commencing with
Section 1331) of Title 16 of the United States Code).
   (b) At the request of the landowner, an officer or employee of a
local animal control agency may remove an undomesticated burro that
strays onto private land.
   (c) An officer or employee of a local animal control agency may
remove an undomesticated burro that strays onto a public roadway to
ensure public safety.
   (d) An officer or employee of a local animal control agency may
provide medical care or treatment, including, but not limited to,
euthanasia if medically appropriate, to an undomesticated burro that
is seriously ill or injured.
  SEC. 3.   This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
   In order to authorize a state or local agency to conduct
activities to protect undomesticated burros on state or private lands
from capture, branding, harassment, or death as soon as possible,
thereby preserving the public peace, health, and safety, it is
necessary that this act take immediate effect.