SB 481 - CHAPTERED, Airports: wildlife

[Maggie]

BILL NUMBER: SB 481 INTRODUCED
BILL TEXT

INTRODUCED BY Senator Cox

FEBRUARY 26, 2009

An act to add Article 8 (commencing with Section 3470) to Chapter
2 of Part 1 of Division 4 of the Fish and Game Code, relating to
wildlife.

LEGISLATIVE COUNSEL'S DIGEST

SB 481, as introduced, Cox. Airports: wildlife.

Existing law regulates the taking or possession of birds, mammals,
fish, amphibians, and reptiles. Existing law generally provides that
a violation of fish and game laws is a crime.

This bill would provide that, notwithstanding any other provision
of law, a public use airport certificated by the Federal Aviation
Administration operating in the state that takes wildlife to protect
public safety pursuant to federal law, including a federal
depredation permit, does not violate state fish and game laws.

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

[Maggie]

LAST HIST. ACT. DATE: 04/02/2009
LAST HIST. ACTION : Hearing postponed by committee.
COMM. LOCATION : SEN NATURAL RESOURCES AND WATER

[Maggie]

BILL NUMBER: SB 481 AMENDED
BILL TEXT

AMENDED IN SENATE APRIL 22, 2009

INTRODUCED BY Senator Cox
( Principal coauthor: Senator
Steinberg )

FEBRUARY 26, 2009

An act to add Article 8 (commencing with Section 3470) to Chapter
2 of Part 1 of Division 4 of the Fish and Game Code, relating to
wildlife.

LEGISLATIVE COUNSEL'S DIGEST

SB 481, as amended, Cox. Airports: wildlife.

Existing law regulates the taking or possession of birds, mammals,
fish, amphibians, and reptiles. Existing law generally provides that
a violation of fish and game laws is a crime.

This bill would provide that a public use airport certificated by the
Federal Aviation Administration operating in the state that takes
wildlife pursuant to a federal depredation
permit, does not violate state fish and game laws , provided
that the taking occurs on land owned or leased by the
airport that is not habitat mitigation land, and there is no taking
of an endangered species or candidate threatened or endangered
species . .

The bill would require the airport to provide all federal reports
required pursuant to a federal depredation permit to also be provided
to the department and that the department be provided reasonable
access to airport land to ensure compliance. The bill would allow the
department to seek reimbursement from the airport for any actions
taken by the department pursuant to these provisions.

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

[Maggie]

LAST HIST. ACT. DATE: 04/28/2009
LAST HIST. ACTION : From committee: Do pass, but first be re-referred to
Com. on APPR. (Ayes 11. Noes 0. Page 683.)
Re-referred to Com. on APPR.
COMM. LOCATION : SEN APPROPRIATIONS

[Maggie]

LAST HIST. ACT. DATE: 05/01/2009
LAST HIST. ACTION : Set for hearing May 11.
COMM. LOCATION : SEN APPROPRIATIONS
HEARING DATE : 05/11/2009

[Maggie]

BILL NUMBER: SB 481 AMENDED
BILL TEXT

AMENDED IN SENATE MAY 14, 2009
AMENDED IN SENATE APRIL 22, 2009

INTRODUCED BY Senator Cox
(Principal coauthor: Senator Steinberg)

FEBRUARY 26, 2009

An act to add Article 8 (commencing with Section 3470) to Chapter
2 of Part 1 of Division 4 of the Fish and Game Code, relating to
wildlife.

LEGISLATIVE COUNSEL'S DIGEST

SB 481, as amended, Cox. Airports: wildlife.

Existing law regulates the taking or possession of birds, mammals,
fish, amphibians, and reptiles. Under existing law, the
Department of Fish and Game exercises various functions with regards
to the taking of Fish and game. Existing law generally provides
that a violation of fish and game laws is a crime.

This bill would provide that a public use airport certificated by
the Federal Aviation Administration operating in the state that takes
wildlife pursuant to a federal depredation permit, does not violate
state fish and game laws, if
the taking occurs on land owned or leased by the airport that
is not habitat mitigation land, and there is no taking of an
endangered species or candidate , threatened or endangered
species.

The bill would require the airport to provide to the
department all federal reports required pursuant to a federal
depredation permit and to provide the
department reasonable access to airport land to ensure
compliance. The bill
would require the department to seek reimbursement from the airport
for the reasonable costs associated with activities resulting from
any violations of these provisions.

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

[Maggie]

LAST HIST. ACT. DATE: 05/18/2009
LAST HIST. ACTION : In Assembly. Read first time. Held at Desk.
COMM. LOCATION : SEN APPROPRIATIONS
COMM. ACTION DATE : 05/11/2009
COMM. ACTION : Senate Rule 28.8 and amended.

[Maggie]

LAST HIST. ACT. DATE: 06/02/2009
LAST HIST. ACTION : To Com. on W.,P. & W.
COMM. LOCATION : ASM WATER, PARKS AND WILDLIFE
HEARING DATE : 06/16/2009

[Maggie]

BILL NUMBER: SB 481 AMENDED
BILL TEXT

AMENDED IN ASSEMBLY JUNE 18, 2009
AMENDED IN ASSEMBLY JUNE 11, 2009
AMENDED IN SENATE MAY 14, 2009
AMENDED IN SENATE APRIL 22, 2009

INTRODUCED BY Senator Cox
(Principal coauthor: Senator Steinberg)

FEBRUARY 26, 2009

An act to add Article 8 (commencing with Section 3470) to Chapter
2 of Part 1 of Division 4 of the Fish and Game Code, relating to
wildlife.

LEGISLATIVE COUNSEL'S DIGEST

SB 481, as amended, Cox. Airports: wildlife.

Existing law regulates the taking or possession of birds, mammals,
fish, amphibians, and reptiles. Under existing law, the Department
of Fish and Game performs various functions with regards to the
taking of fish and game. Existing law generally provides that a
violation of fish and game laws is a crime.

This bill would provide that a public use airport certificated by
the Federal Aviation Administration operating in the state that takes
wildlife pursuant to a federal depredation permit, does not violate
state fish and game laws, if the taking occurs on land owned or
leased by the airport that is not habitat mitigation or
conservation land, and there is no taking of a fully protected,
candidate, threatened , or endangered species. The bill
would specify that a taking is only authorized to relieve or prevent
injurious situations affecting public safety and can only be
performed as part of an integrated wildlife management program that
emphasizes nonlethal management techniques.

The bill would require the airport to provide to the department
all federal reports required pursuant to a federal depredation permit
or Wildlife Hazard Management Plan, or both, and to
provide the department reasonable access to ensure compliance. The bill would require the department
to seek reimbursement from the airport for the reasonable costs
associated with activities resulting from any violations of these
provisions.

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

[Maggie]

LAST HIST. ACT. DATE: 06/18/2009
LAST HIST. ACTION : Read second time. Amended. Re-referred to Com. on
APPR.
COMM. LOCATION : ASM APPROPRIATIONS

[Maggie]

LAST HIST. ACT. DATE: 07/06/2009
LAST HIST. ACTION : Read second time. To Consent Calendar.
FILE : ASM CONSENT CALENDAR - 2ND DAY
FILE DATE : 07/08/2009
ITEM : 129

[Maggie]

BILL NUMBER: SB 481 AMENDED
BILL TEXT

AMENDED IN ASSEMBLY JULY 16, 2009
AMENDED IN ASSEMBLY JUNE 18, 2009
AMENDED IN ASSEMBLY JUNE 11, 2009
AMENDED IN SENATE MAY 14, 2009
AMENDED IN SENATE APRIL 22, 2009

INTRODUCED BY Senator Cox
(Principal coauthor: Senator Steinberg)
( Coauthor: Assembly Member
Niello )

FEBRUARY 26, 2009

An act to add Article 8 (commencing with Section 3470) to Chapter
2 of Part 1 of Division 4 of the Fish and Game Code, relating to
wildlife.

LEGISLATIVE COUNSEL'S DIGEST

SB 481, as amended, Cox. Airports: wildlife.

Existing law regulates the taking or possession of birds, mammals,
fish, amphibians, and reptiles. Under existing law, the Department
of Fish and Game performs various functions with regards to the
taking of fish and game. Existing law generally provides that a
violation of fish and game laws is a crime.

This bill would provide that the taking
of birds by a public use airport certificated by the Federal
Aviation Administration operating in the state pursuant to a federal depredation permit, does not
violate state fish and game laws and if
the taking is in compliance with that permit the taking occurs
on land owned or leased by the airport that is not habitat
mitigation or conservation land, and there is no taking of a fully
protected, candidate, threatened, or endangered species. The bill
would specify that a taking is only authorized to relieve or prevent
injurious situations affecting public safety and can only be
performed as part of an integrated wildlife management program that
emphasizes nonlethal management techniques.

The bill would require the airport to provide to the department
all federal depredation permits and all federal reports
required pursuant to any federal
depredation permit or Wildlife Hazard Management Plan, or both, and
to provide the department reasonable access to ensure compliance. The
bill would require the department to seek reimbursement from the
airport for the reasonable costs associated with activities resulting
from any violations of these provisions.

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

[Maggie]

LAST HIST. ACT. DATE: 07/16/2009
LAST HIST. ACTION : Read third time. Amended. (Page 2545.) To third
reading.
FILE : ASM THIRD READING
FILE DATE : 07/23/2009
ITEM : 98

[Maggie]

BILL NUMBER: SB 481 ENROLLED
BILL TEXT

PASSED THE SENATE AUGUST 20, 2009
PASSED THE ASSEMBLY AUGUST 17, 2009
AMENDED IN ASSEMBLY JULY 16, 2009
AMENDED IN ASSEMBLY JUNE 18, 2009
AMENDED IN ASSEMBLY JUNE 11, 2009
AMENDED IN SENATE MAY 14, 2009
AMENDED IN SENATE APRIL 22, 2009

INTRODUCED BY Senator Cox
(Principal coauthor: Senator Steinberg)
(Coauthor: Assembly Member Niello)

FEBRUARY 26, 2009

An act to add Article 8 (commencing with Section 3470) to Chapter
2 of Part 1 of Division 4 of the Fish and Game Code, relating to
wildlife.

LEGISLATIVE COUNSEL'S DIGEST

SB 481, Cox. Airports: wildlife.

Existing law regulates the taking or possession of birds, mammals,
fish, amphibians, and reptiles. Under existing law, the Department
of Fish and Game performs various functions with regards to the
taking of fish and game. Existing law generally provides that a
violation of fish and game laws is a crime.

This bill would provide that the taking of birds by a public use
airport certificated by the Federal Aviation Administration operating
in the state pursuant to a federal depredation permit, does not
violate state fish and game laws if the taking is in compliance with
that permit and the taking occurs on land owned or leased by the
airport that is not habitat mitigation or conservation land, and
there is no taking of a fully protected, candidate, threatened, or
endangered species. The bill would specify that a taking is only
authorized to relieve or prevent injurious situations affecting
public safety and can only be performed as part of an integrated
wildlife management program that emphasizes nonlethal management
techniques.

The bill would require the airport to provide to the department
all federal depredation permits and all federal reports required
pursuant to any federal depredation permit or wildlife hazard
management plan, or both, and to provide the department reasonable
access to ensure compliance. The bill would require the department to
seek reimbursement from the airport for the reasonable costs
associated with activities resulting from any violations of these
provisions.

[Maggie]

LAST HIST. ACT. DATE: 08/20/2009
LAST HIST. ACTION : Senate concurs in Assembly amendments. (Ayes 38. Noes
0.) To enrollment.

[Maggie]

BILL NUMBER: SB 481 CHAPTERED
BILL TEXT

CHAPTER 186
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE AUGUST 20, 2009
PASSED THE ASSEMBLY AUGUST 17, 2009
AMENDED IN ASSEMBLY JULY 16, 2009
AMENDED IN ASSEMBLY JUNE 18, 2009
AMENDED IN ASSEMBLY JUNE 11, 2009
AMENDED IN SENATE MAY 14, 2009
AMENDED IN SENATE APRIL 22, 2009

INTRODUCED BY Senator Cox
(Principal coauthor: Senator Steinberg)
(Coauthor: Assembly Member Niello)

FEBRUARY 26, 2009

An act to add Article 8 (commencing with Section 3470) to Chapter
2 of Part 1 of Division 4 of the Fish and Game Code, relating to
wildlife.

LEGISLATIVE COUNSEL'S DIGEST

SB 481, Cox. Airports: wildlife.

Existing law regulates the taking or possession of birds, mammals,
fish, amphibians, and reptiles. Under existing law, the Department
of Fish and Game performs various functions with regards to the
taking of fish and game. Existing law generally provides that a
violation of fish and game laws is a crime.

This bill would provide that the taking of birds by a public use
airport certificated by the Federal Aviation Administration operating
in the state pursuant to a federal depredation permit, does not
violate state fish and game laws if the taking is in compliance with
that permit and the taking occurs on land owned or leased by the
airport that is not habitat mitigation or conservation land, and
there is no taking of a fully protected, candidate, threatened, or
endangered species. The bill would specify that a taking is only
authorized to relieve or prevent injurious situations affecting
public safety and can only be performed as part of an integrated
wildlife management program that emphasizes nonlethal management
techniques.

The bill would require the airport to provide to the department
all federal depredation permits and all federal reports required
pursuant to any federal depredation permit or wildlife hazard
management plan, or both, and to provide the department reasonable
access to ensure compliance. The bill would require the department to
seek reimbursement from the airport for the reasonable costs
associated with activities resulting from any violations of these
provisions.