Bill Text: CA SB1345 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibited importation of dead animal parts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-28 - Chaptered by Secretary of State. Chapter 412, Statutes of 2010. [SB1345 Detail]

Download: California-2009-SB1345-Amended.html

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BILL NUMBER: SB 1345	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 11, 2010
	AMENDED IN SENATE  APRIL 20, 2010

INTRODUCED BY   Senator Calderon

                        FEBRUARY 19, 2010

   An act to amend Section 653o of the Penal Code, relating to dead
animal parts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1345, as amended, Calderon. Prohibited importation of dead
animal parts.
   Existing law, subject to exceptions, makes it an offense to import
into this state for commercial purposes, to possess with intent to
sell, or to sell within the state, the dead body, or any part or
product thereof, of specified animals, including kangaroos. Existing
law, until January 1, 2011, provides an exception to these provisions
for kangaroos that may be harvested lawfully under Australian
national and state law, the federal Endangered Species Act, and
applicable international conventions, as specified, with the
operation of the exception being contingent upon the Department of
Fish and Game being annually informed by the Australian government of
specified information pertaining to the commercial harvesting of
kangaroos in Australia, as specified.
   This bill would require the annual information provided by the
Australian government to the Department of Fish and Game to be in
writing  and to be provided by May 1  for this kangaroo
exception to apply. The bill would also  revise the information
to be provided and  extend the repeal date of the exception to
January 1, 2016.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 653o of the Penal Code, as amended by Section 1
of Chapter 15 of the Statutes of 2009, is amended to read:
   653o.  (a) It is unlawful to import into this state for commercial
purposes, to possess with intent to sell, or to sell within the
state, the dead body, or any part or product thereof, of any polar
bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf
(Canis lupus), zebra, whale, cobra, python, sea turtle, colobus
monkey, kangaroo, vicuna, sea otter, free-roaming feral horse,
dolphin or porpoise (Delphinidae), Spanish lynx, or elephant.
   (b) (1) Commencing January 1, 2015, it shall be unlawful to import
into this state for commercial purposes, to possess with intent to
sell, or to sell within the state, the dead body, or any part or
product thereof, of any crocodile or alligator.
   (2) This subdivision shall not be construed to authorize the
importation or sale of any alligator or crocodilian species, or any
products thereof, that are listed as endangered under the federal
Endangered Species Act, or to allow the importation or sale of any
alligator or crocodilian species, or any products thereof, in
violation of any federal law or any international treaty to which the
United States is a party.
   (c) (1) This section shall not apply to kangaroos that may be
harvested lawfully under Australian national and state law, the
federal Endangered Species Act of 1971 (16 U.S.C. Sec. 1531 et seq.),
and applicable international conventions, provided that the
Department of Fish and Game is annually informed in writing  , by
May 1,  by the Australian government that the commercial
harvest of kangaroos in any future year will not exceed the official
quota  established for 2007 or the lawful take of kangaroos
in each subsequent year, whichever is the lesser.   for
that year, consistent with Australian national and state law, and of
the sustainability principles on which that quota is based. 
   (2) If the department fails to receive the report described in
paragraph (1), the department shall inform the Australian national
government that future importation of kangaroos that otherwise may be
harvested lawfully under Australian national and state law, the
federal Endangered Species Act of 1971 (16 U.S.C. Sec. 1531 et seq.),
and applicable international conventions shall be halted and their
importation into this state for commercial purposes, possession with
intent to sell, or sale within the state will be subject to the
provisions of this section.
   (d) Any person who violates any provision of this section is
guilty of a misdemeanor and shall be subject to a fine of not less
than one thousand dollars ($1,000) and not to exceed five thousand
dollars ($5,000) or imprisonment in the county jail not to exceed six
months, or both that fine and imprisonment, for each violation.
   (e) The prohibitions against importation for commercial purposes,
possession with intent to sell, and sale of the species listed in
this section are severable. A finding of the invalidity of any one or
more prohibitions shall not affect the validity of any remaining
prohibitions.
   (f) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
  SEC. 2.  Section 653o of the Penal Code, as amended by Section 2 of
Chapter 15 of the Statutes of 2009, is amended to read:
   653o.  (a) It is unlawful to import into this state for commercial
purposes, to possess with intent to sell, or to sell within the
state, the dead body, or any part or product thereof, of any polar
bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf
(Canis lupus), zebra, whale, cobra, python, sea turtle, colobus
monkey, kangaroo, vicuna, sea otter, free-roaming feral horse,
dolphin or porpoise (Delphinidae), Spanish lynx, or elephant.
   (b) (1) Commencing January 1, 2015, it shall be unlawful to import
into this state for commercial purposes, to possess with intent to
sell, or to sell within the state, the dead body, or any part or
product thereof, of any crocodile or alligator.
   (2) This subdivision shall not be construed to authorize the
importation or sale of any alligator or crocodilian species, or any
products thereof, that are listed as endangered under the federal
Endangered Species Act, or to allow the importation or sale of any
alligator or crocodilian species, or any products thereof, in
violation of any federal law or any international treaty to which the
United States is a party.
   (c) Any person who violates any provision of this section is
guilty of a misdemeanor and shall be subject to a fine of not less
than one thousand dollars ($1,000) and not to exceed five thousand
dollars ($5,000) or imprisonment in the county jail not to exceed six
months, or both  the   that  fine and
imprisonment, for each violation.
   (d) The prohibitions against importation for commercial purposes,
possession with intent to sell, and sale of the species listed in
this section are severable. A finding of the invalidity of any one or
more prohibitions shall not affect the validity of any remaining
prohibitions.
   (e) This section shall become operative on January 1, 2016.