Bill Text: CA SB753 | 2009-2010 | Regular Session | Introduced

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Bill Title: Exotic animals: kangaroos.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB753 Detail]

Download: California-2009-SB753-Introduced.html

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BILL NUMBER: SB 753	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cedillo

                        FEBRUARY 27, 2009

   An act to amend and repeal Section 653o of the Penal Code,
relating to exotic animals.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 753, as introduced, Cedillo. Exotic animals: kangaroos.
   Existing law generally provides that it is a crime to import for
commercial purposes, possess with intent to sell, or sell any part or
product of the dead body of a kangaroo, subject to specified
misdemeanor penalties for each violation. However, until January 1,
2011, exception is made for kangaroos that may be harvested lawfully
under Australian national and state law, the federal Endangered
Species Act of 1971, and applicable international conventions, under
specified conditions.
   This bill would make the prohibition against importation for
commercial purposes inapplicable to the dead body of any kangaroo. It
would delete the exception and the January 1, 2011, termination
date.
   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 576 of the Statutes of 2007, 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) Commencing January 1, 2010, 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. 
   (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 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.  
   (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) 
    (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 fine and imprisonment, for each violation.

   (e) 
    (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. 
   (f) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date. 
  SEC. 2.  Section 653o of the Penal Code, as added by Section 2 of
Chapter 576 of the Statutes of 2007, is repealed. 
   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) Commencing January 1, 2010, 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.
   (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 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, 2011.