BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 769|
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                              UNFINISHED BUSINESS


          Bill No:  SB 769
          Author:   Fuller (R), et al
          Amended:  8/22/11
          Vote:     32 - Urgency

           
           SENATE NATURAL RESOURCES AND WATER COM.  :  9-0, 4/26/11
          AYES:  Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe, 
            Padilla, Simitian, Wolk

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SENATE FLOOR  :  37-0, 5/16/11 (Consent)
          AYES:  Alquist, Anderson, Berryhill, Blakeslee, Calderon, 
            Cannella, Corbett, Correa, De León, DeSaulnier, Dutton, 
            Emmerson, Evans, Fuller, Gaines, Hancock, Harman, 
            Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu, 
            Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio, 
            Runner, Simitian, Steinberg, Vargas, Wolk, Wright, Yee
          NO VOTE RECORDED:  Strickland, Walters, Wyland

           ASSEMBLY FLOOR  :  78-0, 8/25/11 (Consent) - See last page 
            for vote


           SUBJECT  :    Mountain lions:  display or exhibition

           SOURCE  :     Author


           DIGEST  :    This bill establishes an exemption for the 
          possession of a mountain lion carcass or any part or 
          product of a mountain lion carcass, if the carcass or 
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          carcass part or product is prepared or being prepared for 
          display or exhibition, for a bona fide scientific or 
          education purpose, at a nonprofit or government-owned 
          museum generally open to the public or at an educational 
          institution, if the mountain lion was taken in California 
          consistent with the requirements of the California Wildlife 
          Protection Act of 1990 and any other applicable law and the 
          Department of Fish and Game has authorized the possession 
          of the carcass or carcass part of product for the purposes 
          of this paragraph.

           Assembly Amendments  clarify prohibition conditions if the 
          Department of Fish and Game (DFG) has authorized product 
          possession.

           ANALYSIS  :    In 1990, California voters passed Proposition 
          117 the California Wildlife Protection Act of 1990 (CWPA).  
          Among its provisions, the CWPA established that 
          California's mountain lions are a "specially protected 
          species" and barred their hunting.  Under the CWPA, 
          mountain lions may be killed under the following 
          circumstances only:

           If a depredation permit is issued to take a specific lion 
            known to attack and injure or kill livestock or pets.
           To preserve public safety.
           To reduce the threat to endangered Bighorn sheep.

          This bill establishes an exemption for the possession of a 
          mountain lion carcass or any part or product of a mountain 
          lion carcass, if the carcass or carcass part or product is 
          prepared or being prepared for display or exhibition, for a 
          bona fide scientific or education purpose, at a nonprofit 
          or government-owned museum generally open to the public or 
          at an educational institution, if the mountain lion was 
          taken in California consistent with the requirements of the 
          California Wildlife Protection Act of 1990 and any other 
          applicable law and DFG has authorized the possession of the 
          carcass or carcass part of product for the purposes of this 
          paragraph.

           Background
           
          The CWPA only permits the possession and sale of mountain 

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          lions and mountain lion parts obtained prior to its 
          passage.  All other mountain lion carcasses must be turned 
          over to the DFG.

          Although the population estimate is uncertain, roughly 
          4,000 - 6,000 mountain lions are thought to live in 
          California.  Annually, about 110 mountain lions are legally 
          killed on average with the following breakdown:

           97 under depredation permits (45 percent of the 218 
            permits issued, based on 20 years of data).
           Nine to protect public safety (based on 2001 - 2008 
            data).
           Two to protect Bighorn sheep through the Sierra Sheep 
            program (based on 10 years of data).  

          Further, an unknown number of mountain lions are killed 
          annually by motor vehicles.

           Comment
           
          Due to the provisions of the California Wildlife Protection 
          Act of 1990, this bill requires a 4/5s vote for passage.

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

           SUPPORT  :   (Verified  8/22/11)

          California Association of Museums



           ASSEMBLY FLOOR  :  78-0, 8/25/11
          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bradford, Brownley, 
            Buchanan, Butler, Charles Calderon, Campos, Carter, 
            Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, 
            Hagman, Halderman, Hall, Harkey, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 
            Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, 
            Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, 

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            Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, 
            Portantino, Silva, Skinner, Smyth, Solorio, Swanson, 
            Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, 
            John A. Pérez
          NO VOTE RECORDED: Bonilla, Gorell


          CTW:do  8/26/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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