BILL NUMBER: AB 1956	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 29, 2010
	AMENDED IN SENATE  MAY 11, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010
	AMENDED IN ASSEMBLY  MARCH 25, 2010
	AMENDED IN ASSEMBLY  MARCH 16, 2010

INTRODUCED BY   Assembly Member Monning

                        FEBRUARY 17, 2010

   An act to  add Section 3858 to the Fish and Game Code, and
to  amend Section 19348 of the Food and Agricultural Code,
relating to wildlife.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1956, as amended, Monning. California condors: feeding.
   Existing law authorizes the Department of Fish and Game  ,
in accordance with policies established by the Fish and Game
Commission, to provide for the feeding of game birds, mammals, or
fish when natural foods for those animals are not available and to
provide suitable feeding areas. Existing law authorizes the
department  to implement programs to preserve California
condors. 
   This bill would authorize the department to enter into a
memorandum of understanding with participants in a condor
preservation program to allow for the feeding of free-ranging
California condors. 
   Existing law generally prohibits the transport of a dead animal by
a dead animal hauler or any other person to any place other than
prescribed locations, except under certain circumstances, including
transport pursuant to prescribed waivers or permits.
   This bill would exempt  the department  from that
 transport  prohibition  a nonprofit
organization that participates in a memorandum of understanding with
the department to promote the recovery of California condors, 
when engaged in providing food for free-ranging California condors.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 3858 is added to the Fish
and Game Code, to read:
   3858.  (a)  The department may enter into a memorandum of
understanding with participants in a condor preservation program to
allow for the feeding of free-ranging California condors.
   (b) In preparing the memorandum of understanding pursuant to
subdivision (a), the department may work in conjunction with the
State Veterinarian.
   (c) In preparing the memorandum of understanding pursuant to
subdivision (a), the department may work in conjunction with federal
agencies that work to preserve the California condor. 
   SEC. 2.   SECTION 1.   Section 19348 of
the Food and Agricultural Code is amended to read:
   19348.  (a) Unless a waiver is granted by the State Veterinarian
in conjunction with implementation of Section 9562 or a declaration
of a state of emergency or local emergency, as defined in
subdivisions (b) and (c) of Section 8558 of the Government Code,
pursuant to the California Emergency Services Act (Chapter 7
(commencing with Section 8550) of Division 1 of Title 2 of the
Government Code), a dead animal hauler or any other person shall not
transport any dead animal to any place, other than to a licensed
rendering plant, a licensed collection center, an animal disease
diagnostic laboratory acceptable to the department, the nearest
crematory, or to a destination in another state that has been
approved for that purpose by the appropriate authorities in that
state.
   (b) The secretary may issue a master or individual permit to a
licensed renderer, collection center, or dead animal hauler for the
purpose of authorizing transport of a dead animal to an appropriately
permitted landfill under either of the following circumstances:
   (1) During a proclaimed state of emergency or local emergency, as
defined in subdivisions (b) and (c) of Section 8558 of the Government
Code.
   (2) When the licensed hauler has certification from a licensed
renderer that the licensed renderer cannot process the dead animal
due to operational conditions or legal or regulatory requirements or
constraints. The certification shall be in a form approved by the
department and, for purposes of this paragraph, "licensed hauler"
shall include licensed collection centers and renderers.
   (c) Nothing in this section shall be interpreted to conflict with
any state or federal environmental or zoning law, or to prohibit an
owner of a live animal from burying the animal on the owner's
property after the animal dies if the burial is within three miles of
where the animal died.
   (d) Subdivision (a) does not apply to the Department of
Transportation or to local agencies having jurisdiction over a road
or highway when engaged in removing animal carcasses from the road or
highway.
   (e) Subdivision (a) does not apply to  the Department of
Fish and Game   a nonprofit organization that
participates in a memorandum of understanding with the Department of
  Fish and Game to promote the recovery of California
condors,  when engaged in providing food for free-ranging
California condors.