Henry I. Stern
- District 27
(1) Existing law requires the Fish and Game Commission, in cooperation with the Department of Food and Agriculture, to adopt regulations governing both (A) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state, and (B) the possession of all other wild animals. Existing law requires the regulations to be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the safety of the public. This bill would require the Department of Fish and Wildlife to immediately suspend any authorization to import a wild animal species into the state when the evidence suggests zoonotic transmission from this species, or a closely related species, could be responsible for a novel, readily transmissible human disease in order to protect the public health. The bill would prohibit the department from authorizing the importation of any individual animals of a wild animal species that could be responsible for zoonotic transmission of a readily transmissible human disease until a robust testing protocol is implemented to ensure that all individual animals subject to an authorization are not carriers. The bill would also authorize the department to take additional measures pursuant to its authority related to wild animal species necessary to protect the public health. The bill would require the department, as applicable, to revise the list of animals that may not be imported or transported into this state that the department is required to publish from time to time as changes arise. (2) Existing law prohibits the importation or possession of birds, mammals, fish, reptiles, or amphibians unless specified conditions are met, including, among other things, the animals were legally taken and legally possessed outside of this state and the Fish and Game Code and regulations adopted pursuant to that code do not expressly prohibit their possession in this state. Existing law provides that a violation of this code or any regulation adopted under this code is a crime. Existing law makes it a misdemeanor to import into the state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body or other part or product of specified animals, including leopards, tigers, and elephants. A violation of this provision is punishable by a fine of not less than $1,000, not to exceed $5,000, or imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment, for each violation. This bill would enact the Iconic African Species Protection Act and would prohibit the possession of specified African species and any part, product, or the dead body or parts thereof, including, but not limited to, the African elephant or the black rhinoceros, by any individual, firm, corporation, association, or partnership within the State of California, except as specified for, among other things, use for educational or scientific purposes by a bona fide educational or scientific institution, as defined. The bill would provide that any person who violates the provisions of the act is subject to a civil penalty of not less than $5,000 or more than $40,000 for each violation. The bill would require that the civil penalties imposed pursuant to the act be deposited in the Fish and Game Preservation Fund. By creating new crimes, the bill would impose a state-mandated local program. (3) Existing law prohibits a person who operates a live animal market from engaging in specified practices, including confining or displaying an animal in a manner that is likely to result in injury. Existing law defines a "live animal market" as a retail food market where frogs, turtles, and birds other than poultry are stored alive and sold to consumers for purposes of human consumption. This bill would prohibit a person who operates a live animal market from storing or selling an animal that is a known or likely invasive species or that is of a taxa known or likely to be responsible for zoonotic transmission of a disease. By creating a new crime, this bill would impose a state-mandated local program. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 29. Noes 8.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 5. Noes 1.) (June 18).
Set for hearing June 18.
June 9 hearing: Placed on APPR. suspense file.
Set for hearing June 9.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 3596.) (May 26).
Set for hearing May 26.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.
Referral to Com. on JUD. rescinded due to the shortened 2020 Legislative Calendar.
March 24 hearing postponed by committee.
Set for hearing March 24.
From printer. May be acted upon on or after March 22.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
|Bill Text Versions||Format|
|02/20/20 - Introduced|
|05/13/20 - Amended Senate|
|06/02/20 - Amended Senate|
|06/18/20 - Amended Senate|
|No related documents.|
Data on Open States is updated nightly from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.