Bill Text: CA SB769 | 2011-2012 | Regular Session | Amended

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

---

Bill Title: Mountain lions: display, exhibition, or storage.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-09-30 - Chaptered by Secretary of State. Chapter 388, Statutes of 2011. [SB769 Detail]

Download: California-2011-SB769-Amended.html

---

BILL NUMBER: SB 769	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 30, 2011
	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 25, 2011

INTRODUCED BY   Senator Fuller
   (Principal coauthor: Assembly Member Huffman)

                        FEBRUARY 18, 2011

   An act to amend Section 4800 of the Fish and Game Code, relating
to mountain lions, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 769, as amended, Fuller. Mountain lions: display  or
  ,  exhibition  , or storage  .
   Proposition 117, an initiative measure approved by the electors at
the June 5, 1990, primary election, enacted the California Wildlife
Protection Act of 1990. The act establishes that the mountain lion is
a specially protected mammal under the laws of this state, and makes
it unlawful to take, injure, possess, transport, import, or sell any
mountain lion or any part or product thereof. The act establishes
certain exemptions from that prohibition  , including
exemptions for zoos and bona fide scientific institutions under
certain circumstances  . The act prohibits the Legislature
from changing the act, with specified exceptions, except by a 4/5
vote of the membership of both houses of the Legislature and then
only if consistent with, and in furtherance of, the purposes of the
act.
   This bill would establish an exemption for the possession of a
mountain lion carcass or any part or product of a mountain lion
carcass, if the carcass or carcass part or product is prepared or
being prepared for display  or   , 
exhibition  , or storage  , for a bona fide scientific or
 education   educational  purpose, at a
nonprofit  museum  or government-owned  museum
 facility  generally open to the public or at an
educational institution, if the mountain lion was taken in California
consistent with the requirements of the act and any other applicable
law and was provided to the museum  , facility,  or
educational institution by the department. The bill would find and
declare that the amendments made by the bill are consistent with, and
further the purposes of, the act.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 4/5. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 4800 of the Fish and Game Code is amended to
read:
   4800.  (a) The mountain lion (genus Puma) is a specially protected
mammal under the laws of this state.
   (b) (1) It is unlawful to take, injure, possess, transport,
import, or sell any mountain lion or any part or product thereof,
except as specifically provided in this chapter or in Chapter 2
(commencing with Section 2116) of Division 3.
    (2) This chapter does not prohibit the sale or possession of any
mountain lion or any part or product thereof, when the owner can
demonstrate that the mountain lion, or part or product thereof, was
in the person's possession on June 6, 1990.
   (3) This chapter does not prohibit the possession of a mountain
lion carcass or any part or product of a mountain lion carcass, if
all of the following requirements are met:
   (A) The carcass or carcass part or product is prepared or being
prepared for display  or exhibition   ,
exhibition, or storage  , for a bona fide scientific or 
education   educational  purpose, at a nonprofit
 museum  or government-owned  museum  
facility  generally open to the public or at an educational
institution, including a public or private postsecondary institution.

   (B) The mountain lion was taken in California consistent with the
requirements of this chapter and any other applicable law and was
provided to the museum  , facility,  or educational
institution by the department.
   (c) Any violation of this section is a misdemeanor punishable by
imprisonment in the county jail for not more than one year, or a fine
of not more than ten thousand dollars ($10,000), or by both that
fine and imprisonment. An individual is not guilty of a violation of
this section if it is demonstrated that, in taking or injuring a
mountain lion, the individual was acting in self-defense or in
defense of others.
   (d) Section 219 does not apply to this chapter. Neither the
commission nor the department shall adopt any regulation that
conflicts with or supersedes any of the provisions of this chapter.
  SEC. 2.  The Legislature finds and declares that the amendments
made by this act to Section 4800 of the Fish and Game Code are
consistent with, and further the purposes of, the California Wildlife
Protection Act of 1990.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to allow  museums or other educational or
scientific institutions to display or exhibit   the
display, exhibition, or storage of  mountain lion carcasses or
parts thereof for a bona fide scientific or educational purpose as
soon as possible, it is necessary that this act take effect
immediately.