BILL NUMBER: SB 769	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 25, 2011

INTRODUCED BY   Senator Fuller

                        FEBRUARY 18, 2011

    An act relating to healing arts.   An act to
amend Section 4800 of the Fish and Game Code, relating to mountain
lions, and declaring the urgency thereof, to take effect immediately.




	LEGISLATIVE COUNSEL'S DIGEST


   SB 769, as amended, Fuller.  Medicine.  
Mountain lions: display or exhibition.  
   Proposition 117, an initiative measure approved by the electors at
the June 5, 1990, primary election, enacted the California Wildlife
Protection Act of 1990. The act establishes the mountain lion (genus
Felis) is a specially protected mammal under the laws of this state,
and makes it unlawful to take, injure, possess, transport, import, or
sell any mountain lion or any part or product thereof. The act
establishes certain exemptions from that prohibition, including
exemptions for zoos and bona fide scientific institutions. The act
prohibits the Legislature from changing the act, with specified
exceptions, except by a 4/5 vote of the membership of both houses of
the Legislature and then only if consistent with, and in furtherance
of, the purposes of the act.  
   This bill would establish an exemption for the possession or sale
of a mountain lion carcass or any part or product thereof, not taken
in violation of the act, prepared for display or exhibition for a
bona fide scientific or educational purpose. The bill would find and
declare that the amendments made by the bill are consistent with, and
further the purposes of, the act.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   Existing law, the Medical Practice Act, provides for the licensure
and regulation of physicians and surgeons by the Medical Board of
California.  
   This bill would declare the intent of the Legislature to enact
legislation that would amend the Medical Practice Act. 
   Vote:  majority   4/5  . Appropriation:
no. Fiscal committee:  no  yes  .
State-mandated local program: no.


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

   SECTION 1.    Section 4800 of the   Fish and
Game Code   is amended to read: 
   4800.  (a) The mountain lion (genus Felis) is a specially
protected mammal under the laws of this state.
   (b) It is unlawful to take, injure, possess, transport, import, or
sell any mountain lion or any part or product thereof, except as
specifically provided in this chapter or in Chapter 2 (commencing
with Section 2116) of Division 3. This chapter does not prohibit the
sale or possession of any mountain lion or any part or product
thereof, when the owner can demonstrate that the mountain lion, or
part or product thereof, was in the person's possession on June 6,
1990.  This chapter does not prohibit the possession or sale of a
mountain lion carcass or   any part or product thereof, not
taken in violation of this chapter, prepared for display or
exhibition for a bona fide scientific or educational purpose. 
   (c) Any violation of this section is a misdemeanor punishable by
imprisonment in the county jail for not more than one year, or a fine
of not more than ten thousand dollars ($10,000), or by both that
fine and imprisonment. An individual is not guilty of a violation of
this section if it is demonstrated that, in taking or injuring a
mountain lion, the individual was acting in self-defense or in
defense of others.
   (d) Section 219 does not apply to this chapter. Neither the
commission nor the department shall adopt any regulation that
conflicts with or supersedes any of the provisions of this chapter.
   SEC. 2.    The Legislature finds and declares that
the amendments made by this act to Section 4800 of the Fish and Game
Code are consistent with, and further the purposes of, the California
Wildlife Protection Act of 1990.
   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 allow museums or other educational or scientific
institutions to display or exhibit mountain lion carcasses or parts
thereof for a bona fide scientific or educational purpose as soon as
possible, it is necessary that this act take effect immediately.
 
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would amend the Medical Practice Act
(commencing with Section 2000) of Division 2 of the Business and
Professions Code.