Bill Text: CA AB1526 | 2009-2010 | Regular Session | Amended

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Bill Title: The Wildlife Center.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1526 Detail]

Download: California-2009-AB1526-Amended.html

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BILL NUMBER: AB 1526	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Fletcher

                        FEBRUARY 27, 2009

    An act to amend Section 10 of the Food and Agricultural
Code, relating to agriculture.   An act to add Part 4
(commencing with Section 19600) to Division 9 of the Food and
Agriculture Code, relating to wildlife. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1526, as amended, Fletcher.  Agriculture. 
 The Wildlife Center.  
   Existing law provides that there is in state government the
Department of Food and Agriculture and prescribes various duties,
powers, and responsibilities of the department.  
   This bill would require the department, upon inspection and
approval of the facility, to grant the Wildlife Center a permit to
operate for at least 5 years. The bill would provide that the
department is the sole state licensing agency over the Wildlife
Center. The bill would authorize the department to charge the
Wildlife Center a fee for the initial permit and for any subsequent
renewals and inspections to cover the department's costs for those
activities. The bill would require the Department of Fish and Game,
upon the request of the Wildlife Center, to release the remains of
Cotie, a dog/coyote hybrid, to the Wildlife Center.  
   Under existing law, a violation of the provisions of this bill
would be a misdemeanor. Because this bill would create new crimes,
the bill would impose a state-mandated local program.  
   This bill would declare that, due to the special circumstances
applicable to the Wildlife Center, a general statute cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution, and the enactment of a special statute is
therefore necessary.  
   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.  
   Existing law provides that whenever any notice, report, statement,
or record is required by provisions of law relating to agriculture,
it shall be in writing unless it is expressly provided that it may be
oral.  
   This bill would provide that written notices, reports, statements,
or records may be transmitted electronically or by facsimile.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    This act shall be known, and may be
cited, as Cotie's Law. 
   SEC. 2.    Part 4 (commencing with Section 19600) is
added to Division 9 of the   Food and Agricultural Code
  , to read:  

      PART 4.  WILDLIFE


   19600.  (a) The Department of Food and Agriculture shall, upon
inspection and approval of the facility, grant the Wildlife Center, a
nonprofit animal shelter and rescue organization under Section 501
(c)(3) of the Internal Revenue Code and located in San Diego County,
a permit to operate for a period of at least five years. The
department shall be the sole state licensing agency over the Wildlife
Center.
   (b) The department may charge the Wildlife Center a fee for the
initial permit and for any subsequent renewals and inspections to
cover the department's costs for those activities.
   (c) The Department of Fish and Game shall, upon the request of the
Wildlife Center, release the remains of Cotie, a seven-year-old
dog/coyote hybrid that was confiscated at the center by a warden of
the Department of Fish and Game, to the Wildlife Center. 
   SEC. 3.   The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances
surrounding the ownership and operation of the Wildlife Center. 

   SEC. 4.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 10 of the Food and
Agricultural Code is amended to read:
   10.  Whenever any notice, report, statement, or record is required
by this code, it shall be in writing, which may be transmitted
electronically or by facsimile, unless it is expressly provided that
it may be oral.