BILL NUMBER: AB 1956	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 9, 2010
	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 amend Section 19348 of  , and to add Section 19348.2
to,  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 to
implement programs to preserve 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 from that prohibition a nonprofit
organization  promoting the recovery of California condors
that participates in a memorandum of understanding with the
department to  promote the recovery of California condors,
when engaged in providing   provide  food for
free-ranging California condors  and possesses an annual permit
for the transport of dead animals that this bill would authorize the
Secretary of Food and Agriculture to issue to such an organization
 .
   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 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 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.  
   (e) A nonprofit organization promoting the recovery of California
condors by providing food for free-ranging California condors shall
be exempt from subdivision (a), if the nonprofit organization
fulfills both of the following requirements:  
   (1) Participates in a memorandum of understanding with the
Department of Fish and Game to provide food for free-ranging
California condors.  
   (2) Possesses a permit issued by the secretary pursuant to Section
19348.2. 
   SEC. 2.    Section 19348.2 is added to the  
Food and Agricultural Code   , to read:  
   19348.2.  The secretary may issue an annual permit to a nonprofit
organization promoting the recovery of California condors for the
purpose of authorizing transport of dead animals to provide food for
free-ranging California condors, if all of the following information
is provided on the transport permit:
   (a) The number and type of animals.
   (b) The probable cause of death of the transported animals.
   (c) All possible pickup and dropoff locations of the transported
animals.
   (d) The name of the person providing the transportation.