BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 769| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 769 Page 2 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 CONTINUED SB 769 Page 3 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, CONTINUED SB 769 Page 4 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 **** END **** CONTINUED