Bill Text: CA SB1175 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Animals: prohibitions on importation and possession of wild animals: live animal markets.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-09-01 - Ordered to inactive file. [SB1175 Detail]
Download: California-2019-SB1175-Amended.html
Section 2351 is added to the Fish and Game Code, to read:111067. Every person who operates No person shall operate a live animal market shall do all of the following: market.
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.
Bill Title: Animals: prohibitions on importation and possession of wild animals: live animal markets.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-09-01 - Ordered to inactive file. [SB1175 Detail]
Download: California-2019-SB1175-Amended.html
|
Amended
IN
Senate
May 13, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill
No. 1175
| Introduced by Senator Stern |
February 20, 2020 |
An act to amend Section 2120 of, and to add Section 2351 to to, the Fish and Game Code, to amend Section 122373 of, and to repeal Section 111067 of, the Health and Safety Code, and to amend Sections 597.3 and 597.4 of the Penal Code, relating to African species.
animals.
LEGISLATIVE COUNSEL'S DIGEST
SB 1175, as amended, Stern.
Iconic African Species Protection Act. Animals: prohibitions on importation and possession of wild animals: live animal markets.
(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.
Existing
(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 the operation of a live animal market. The bill would require that a first violation of this prohibition result in a written warning and a 2nd or subsequent violation be punishable as an infraction, as specified. The bill would also make related, conforming changes.
By
creating a new crime, this bill would impose a state-mandated local program.
The
(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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Infectious diseases cause about one-quarter of human deaths. Of these deaths, almost 60 percent are from zoonotic diseases and over 70 percent of these zoonoses are from wildlife. Trade of wildlife has led to novel zoonotic pathogens that threaten human and animal health, food security and production, and biological diversity with implications for economic stability. Experts,
including from the World Health Organization, agree that future human pandemics will likely be caused by wildlife and be zoonotic in nature. In the last 40 years, the worst pandemics were all zoonotic or vector in origin, including the human immunodeficiency virus (HIV), severe acute respiratory syndrome (SARS), avian influenza, swine influenza, Ebola virus, and Zika virus. The three epidemic and pandemic level coronavirus outbreaks in the last two decades (SARS, Middle East Respiratory Syndrome (MERS), and COVID-19) were likely caused by transmission between two animal species followed by transmission to humans with cases initially spreading due to multiple species in close contact with each other and humans simultaneously. Therefore, rapid response to potential carrier species imports and exports will provide additional protection to viral spread.
(b) Between 2007 and 2014, Savanna elephant populations declined by 30 percent, between 1993 and 2014, African lion populations are estimated to have declined by 43 percent, and since 1960 the Black rhino population has declined by 97.6 percent. In order to address these diminishing numbers, California must address our contribution toward their imperilment. The goal of these provisions are to reduce the demand for new trophies of certain wild animal species, and not to interfere with the possession or sale of existing jewelry or other small personal items containing parts of these species that are otherwise legal.
(c) Additionally, to prevent further backsliding, the Legislature should provide protection in the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).
SEC. 2.
Section 2120 of the Fish and Game Code is amended to read:2120.
(a) The commission, in cooperation with the Department of Food and Agriculture, shall adopt regulations governing both (1) 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 pursuant to this chapter, and (2) the possession of all other wild animals. The regulations shall 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 health and safety of the public.(b) The regulations shall also include criteria for all of the following:
(1) The receiving, processing, and issuing of a permit and conducting inspections.
(2) Contracting out inspection activities.
(3) Responding to public reports and complaints.
(4) The notification of the revocation, termination, or denial of permits, and related appeals.
(5) The method by which the department determines that the breeding of wild animals pursuant to a single event breeding permit for exhibitor or a breeding permit is necessary and will not result in unneeded or uncared for animals, and the means by which the criteria will be implemented and
enforced.
(6) How a responding agency will respond to an escape of a wild animal. This shall include, but not be limited to, the establishment of guidelines for the safe recapture of the wild animal and procedures outlining when lethal force would be used to recapture the wild animal.
(c)These regulations shall be developed and adopted by the commission on or before January 1, 2007.
(c) (1) The department shall 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.
(2) The department may take additional measures pursuant to its authority under this chapter related to wild animal species necessary to protect the public health.
(3) The department shall not authorize 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.
(4) The department shall revise the list required pursuant to Section 2119, as applicable.
SECTION 1.SEC. 3.
Section 2351 is added to the Fish and Game Code, to read:2351.
(a) This section may be known, and may be cited, as the Iconic African Species Protection Act.(b) For the purposes of this section, the following terms have the following meanings:
(1) “Iconic African species” means any species or subspecies of the following members of the animal kingdom: African elephant (Loxodonta africana and Loxodonta cyclotis), African lion (Panthera leo), leopard (Panthera pardus), black rhinoceros (Diceros bicornis), white rhinoceros (Ceratotherium simum), giraffe (Giraffa camelopardalis), Jentink’s duiker (Cephalophus jentinki), plains zebra (Equus quagga), mountain zebra (Equus zebra), hippopotamus
(Hippopotamus amphibius), and striped hyena (Hyaena
hyaena), pangolin (order Pholidota of the class Mammalia), baboon (family Cercopithecidae, order Primates of the class Mammalia), and hyaena (family Hyaenidae, order Carnivora of the class Mammalia), this includes any part, product, or the dead body or parts thereof, excluding fossils, whether or not included in a manufactured product or in a food product of any species protected by this part.
(2) “Article” is synonymous with the term “iconic African species.”
(3) “Bona fide educational or scientific institution” means an institution that establishes through documentation either of the following:
(A) Educational or scientific
tax exemption, from the federal Internal Revenue Service or the institution’s national, state, or local tax authority.
(B) Accreditation as an educational or scientific institution, from a qualified national, regional, state, or local authority for the institution’s location.
(c) Except as provided in subdivision (d), iconic African species shall not be possessed by any individual, firm, corporation, association, or partnership within the State of California.
(d) Unless such activity is otherwise prohibited by law, one or more of the following exceptions and defenses apply to the prohibition set forth in subdivision (c):
(1) The prohibition of subdivision (c) does
not apply to an employee or agent of the federal, state, or local government undertaking a law enforcement activity pursuant to federal or state law, or a mandatory duty required by federal law.
(2) The article is possessed for wholly noncommercial purposes and the owner can demonstrate the article was in the person’s possession within this state before January 1, 2021. An owner may demonstrate possession of the article before January 1, 2021, by furnishing documentation that includes, but is not limited to, any of the following:
(A) A valid permit for the importation of sport-hunted trophies issued by the United States Fish and Wildlife Service before January 1, 2021.
(B) A bill of lading or other valid document
regarding the transportation of the article issued before January 1, 2021.
(C) A valid appraisal of the article issued before January 1, 2021.
(D) Photographic or video evidence showing the article in the owner’s possession that possesses a date stamp indicating a date before January 1, 2021.
(3) The article was lawfully imported pursuant to a permit or exemption under the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.). Within 180 days of importation, any such article shall be removed from within the state and may not be subsequently possessed within the state unless possession of the article is expressly authorized by the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.) or its
implementing regulations.
(4) The article is for use for educational or scientific purposes by a bona fide educational or scientific institution.
(5) In the case of ivory or rhinoceros horn, the article is possessed in conformance with the requirements of Section 2022.
(6) The article is distributed directly to a legal beneficiary of a trust or to a legal heir provided the article was possessed by the decedent before the enactment of this section.
(e) In addition to any other penalty provided by law, any person who violates this section is subject to a civil penalty of not less than five thousand dollars ($5,000) or more than forty thousand dollars ($40,000) for each
violation.
(f) The Attorney General, or the city attorney of the city or county counsel of the county in which a violation of this section occurs, may bring a civil action to recover the civil penalty described in subdivision (e). The civil action shall be brought in the county in which the violation occurs and any penalty imposed shall be transferred to the Controller for deposit in the Fish and Game Preservation Fund in accordance with Section 13003.
(g) For any judgment imposed by a court for a violation of this section resulting in a fine, the department may provide a reward of up to five hundred dollars ($500) to any person giving information that led to the judgment. This reward shall be paid from the Fish and Game Preservation Fund, upon appropriation by the Legislature.
This reward shall not apply if the informant is a regular salaried law enforcement officer or an officer or agent of the department.
(h) Upon judgment for a violation of this section, any seized article shall be forfeited and, upon forfeiture, either maintained by the department for educational or training purposes, donated by the department to a bona fide educational or scientific institution, or destroyed.
(i) This section does not preclude enforcement under Section 2022 of this code or Sections 653o, 653p, and 653r of the Penal Code.
(j) The prohibition against possession of the species listed in paragraph (1) of subdivision (b) is severable. A finding of the invalidity of the prohibition against a species shall
not affect the validity of the prohibition against other species.
SEC. 4.
Section 111067 of the Health and Safety Code is repealed.(a) Any city, county, or city and county may adopt an ordinance that provides for the regulation of the disposition of bullfrogs and turtles imported for sale in live animal markets for use as food. The ordinances may provide for all of the following:
(1) The designation of a local agency to carry out this article.
(2) Require a permit, issued by an agency designated by the city, county, or city and county
to issue permits, for the sale of bullfrogs and turtles imported for sale in live animal markets for use as food.
(3) Establish a fee for the permit in an amount determined sufficient to offset the administrative cost of issuing the permit and enforcing the provisions of the ordinance.
(4) Require that animals sold pursuant to the permit be dispatched at the time of sale.
(5) Require that signs be posted at the permittee’s place of business, stating that animals must be properly dispatched and that release into the wild in a live state is unlawful.
(6) Authorize the local agency, after notice and opportunity for a hearing, to suspend or revoke a permit issued pursuant to paragraph (1) for violation of any provision of the ordinance adopted
pursuant to this article.
(b) The State Department of Health Services and the Department of Fish and Game may consult with a city, county, or city and county for purposes related to this article.
SEC. 5.
Section 122373 of the Health and Safety Code is amended to read:122373.
This chapter shall not apply to the following:(a) Events held by 4-H Clubs, Junior Farmers Clubs, or Future Farmers Clubs.
(b) The California Exposition and State Fair, district agricultural association fairs, or county fairs.
(c) Stockyards with respect to which the Secretary of the United States Department of Agriculture has posted notice that the stockyards are regulated by the federal Packers and Stockyards Act of 1921 (7 U.S.C. Sec. 181 et seq.).
(d) The sale of cattle on consignment at any public cattle sales market, the sale of sheep on consignment at any public sheep sales market,
the sale of swine on consignment at any public swine sales market, the sale of goats on consignment at any public goat sales market, and the sale of equines on consignment at any public equine sales market.
(e)Live animal markets regulated under Section 597.3 of the Penal Code.
(f)
(e) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group regulated under Division 14 (commencing with Section 30501) of the Food and Agricultural Code. For purposes of this section,
“rescue group” is a not-for-profit entity whose primary purpose is the placement of dogs, cats, or other animals that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter, or that have been surrendered or relinquished to the entity by the previous owner.
(g)
(f) The sale of fish or shellfish, live or dead, from a fishing vessel or registered aquaculture facility, at a pier or wharf, or at a farmer’s market by any licensed commercial fisherman or an owner or employee of a registered aquaculture facility to the public for human consumption.
(h)
(g) A cat show, dog show, or bird show, provided that all of the following circumstances exist:
(1) The show is validly permitted by the city or county in which the show is held.
(2) The show’s sponsor or permittee ensures compliance with all federal, state, and local animal welfare and animal control laws.
(3) The participant has written documentation of the payment of a fee for the entry of his or her a cat, dog, or bird in the show.
(4) The sale of a cat, dog, or bird occurs only on the premises and within the confines of the show.
(5) The show is a competitive event where the cats, dogs, or birds are exhibited and judged by an established standard or set of ideals established for each breed or species.
(i)
(h) A pet store as defined in subdivision (i) of Section 122350.
(j)
(i) Any reptile or aquatic trade show, provided all of the following circumstances exist:
(1) The show is validly permitted by the city or county in which the show is held.
(2) The show’s sponsor or permittee ensures compliance with all federal, state, and local animal welfare and animal control laws.
SEC. 6.
Section 597.3 of the Penal Code is amended to read:597.3.
(a)(1)Provide that no animal will be dismembered, flayed, cut open, or have its skin, scales, feathers, or shell removed while the animal is still alive.
(2)Provide that no live animals will be confined, held, or displayed in a manner that results, or is likely to result, in injury, starvation, dehydration, or
suffocation.
(b) As used in this section:
(1) “Animal” means frogs, turtles, and birds sold for the purpose of human consumption, with the exception of poultry.
(2) “Live animal market” means a retail food market where, in the regular course of business, animals are stored alive and sold to consumers for the purpose of human consumption.
(c) Any person who fails to comply with any requirement of violates subdivision (a) shall
shall, for the first violation, be given a written warning in a written language that is understood by the person receiving the warning. A second or subsequent violation of subdivision (a) shall be an infraction, punishable by a fine of not less than two hundred fifty dollars ($250), nor more than one thousand dollars ($1,000). However, a fine
paid for a second violation of subdivision (a) shall be deferred for six months if a course is available that is administered by a state or local agency on state law and local ordinances relating to live animal markets. If the defendant successfully completes that course within six months of entry of judgment, the fine shall be waived. The state or local agency may charge the participant a fee to take the course, not to exceed one hundred dollars ($100).
SEC. 7.
Section 597.4 of the Penal Code is amended to read:597.4.
(a) It shall be unlawful for any person to willfully do either of the following:(1) Sell or give away as part of a commercial transaction a live animal on any street, highway, public right-of-way, parking lot, carnival, or boardwalk.
(2) Display or offer for sale, or display or offer to give away as part of a commercial transaction, a live animal, if the act of selling or giving away the live animal is to occur on any street, highway, public right-of-way, parking lot, carnival, or boardwalk.
(b) (1) A person who violates this section for the first time shall be guilty of an infraction punishable by a fine not to
exceed two hundred fifty dollars ($250).
(2) A person who violates this section for the first time and by that violation either causes or permits any animal to suffer or be injured, or causes or permits any animal to be placed in a situation in which its life or health may be endangered, shall be guilty of a misdemeanor.
(3) A person who violates this section for a second or subsequent time shall be guilty of a misdemeanor.
(c) A person who is guilty of a misdemeanor violation of this section shall be punishable by a fine not to exceed one thousand dollars ($1,000) per violation. The court shall weigh the gravity of the violation in setting the fine.
(d) A notice describing the charge and the penalty for a violation of this section may be issued by any
peace officer, animal control officer, as defined in Section 830.9, or humane officer qualified pursuant to Section 14502 or 14503 of the Corporations Code.
(e) This section shall not apply to the following:
(1) Events held by 4-H Clubs, Junior Farmers Clubs, or Future Farmers Clubs.
(2) The California Exposition and State Fair, district agricultural association fairs, or county fairs.
(3) Stockyards with respect to which the Secretary of the United States Department of Agriculture has posted notice that the stockyards are regulated by the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181 et seq.).
(4) The sale of cattle on consignment at any public cattle sales market, the sale
of sheep on consignment at any public sheep sales market, the sale of swine on consignment at any public swine sales market, the sale of goats on consignment at any public goat sales market, and the sale of equines on consignment at any public equine sales market.
(5)Live animal markets regulated under Section 597.3.
(6)
(5) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group regulated under Division 14 (commencing with Section 30501) of the Food and
Agricultural Code. For purposes of this section, “rescue group” is a not-for-profit entity whose primary purpose is the placement of dogs, cats, or other animals that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter, or that have been surrendered or relinquished to the entity by the previous owner.
(7)
(6) The sale of fish or shellfish, live or dead, from a fishing vessel or registered aquaculture facility, at a pier or wharf, or at a farmer’s market by any licensed commercial fisherman or an owner or employee of a registered aquaculture facility to the public for human
consumption.
(8)
(7) A cat show, dog show, or bird show, provided that all of the following circumstances exist:
(A) The show is validly permitted by the city or county in which the show is held.
(B) The show’s sponsor or permittee ensures compliance with all federal, state, and local animal welfare and animal control laws.
(C) The participant has written documentation of the payment of a fee for the entry of his or her
a cat, dog, or bird in the show.
(D) The sale of a cat, dog, or bird occurs only on the premises and within the confines of the show.
(E) The show is a competitive event where the cats, dogs, or birds are exhibited and judged by an established standard or set of ideals established for each breed or species.
(9)
(8) A pet store as defined in subdivision (i) of Section 122350 of the Health and Safety Code.
(f) Nothing in this section shall be
construed to in any way limit or affect the application or enforcement of any other law that protects animals or the rights of consumers, including, but not limited to, the Lockyer-Polanco-Farr Pet Protection Act contained in Article 2 (commencing with Section 122125) of Chapter 5 of Part 6 of Division 105 of the Health and Safety Code, or Sections 597 and 597l of this code.
(g) Nothing in this section limits or authorizes any act or omission that violates Section 597 or 597l, or any other local, state, or federal law. The procedures set forth in this section shall not apply to any civil violation of any other local, state, or federal law that protects animals or the rights of consumers, or to a violation of Section 597 or 597l, which is cited or prosecuted pursuant to one or both of those sections, or to a violation of any other local, state, or federal law that is cited or prosecuted pursuant to that law.
