California Assembly Bill 1428 (2005)

California Assembly Bill 1428 (2005) was a bill proposed to the California state legislature by Assembly Member Lloyd Levine. The bill unfortunately died in the Assembly Business and Professions Committee, in a 2-4 vote, never becoming law. While the Committee did vote 10-0 to allow for reconsideration of the bill, the amended bill was never voted on, and died pursuant to Art. IV, Sec. 10(c) of the Constitution.

May 3, 2005 Committee Vote

Karen Bass: Aye

Paul Koretz: Aye

Shirley Horton: No

Bill Maze: No

Van Tran: No

Leland Yee: No

The Committee Analysis provides insight behind the bill's purpose. According to the analysis, in the years leading up to the bill's proposal, genetic engineering in animals and animal cloning in general were wildly unpopular. The bill was supported by many animal rights groups.

Below is the final text of the proposed bill. Annotations are bolded and in the color blue, like so. Annotations were not included in the original text but are added on this webpage to simplify the language of the bill or to provide context.

BILL NUMBER: AB 1428 AMENDED
BILL TEXT

AMENDED IN ASSEMBLY MAY 23, 2005

INTRODUCED BY Assembly Member Levine

FEBRUARY 22, 2005

An act to add Chapter 7 (commencing with Section 122330) to Part 6 of Division 105 of the Health and Safety Code, relating to animals.

LEGISLATIVE COUNSEL'S DIGEST

AB 1428, as amended, Levine. Cloned and Genetically Modified Pets.

Existing law regulates the sale of cats, dogs, and birds.

This bill would enact the Cloned and Genetically Modified Pet and Consumer Protection Act, which would prohibit any person from engaging in the retail sale or transfer of cloned or genetically modified pets within California. The bill would permit any person to file a complaint with the State Department of Health Services, under penalty of perjury, alleging a violation of this prohibition. By expanding the crime of perjury, this bill would impose a state-mandated local program.

This bill would also permit the Director of Health Services, after appropriate notice and opportunity for hearing, by order, to levy administrative penalties against any person who violates this prohibition in the amount of $500,000 per violation, which would be deposited in the General Fund.

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.

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

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

SECTION 1. Chapter 7 (commencing with Section 122330) is added to Part 6 of Division 105 of the Health and Safety Code, to read:

CHAPTER 7. CLONED AND GENETICALLY MOFIFIED (spelled wrong) PETS

Article 1. General Provisions

122330. This act shall be known, and may be cited, as the Cloned and Genetically Modified Pet and Consumer Protection Act.

Article 2. Definitions

122331.

(a) "Clone" means the practice of creating or attempting to create an animal by transferring the nucleus or chromosomes/chromatin from a cell (nuclear or chromatin transfer) from whatever source into an egg cell from which the nucleus or chromosomes have been removed for the purpose of creating a cloned embryo, or by implanting a cloned embryo to initiate a pregnancy that could result in the birth of an animal or by any cloning technology seeking to create an animal genetically identical to another animal, whether living or dead. This definition contains the steps used in somatic cell nuclear transfer (SCNT). This type of cloning is still the most prevalent in the commercial pet cloning industry.

(b) "Department" means the State Department of Health Services.

(c) "Genetically Modified" or "Transgenic" means genetically altered by introducing DNA from another species or through engineered endogenous constructs by means including, but not limited to, recombinant DNA and RNA techniques to produce gene addition, deletion, and doubling, or changing the position of the gene. This definition excludes hybridization between closely related species, as in traditional hybridization. The bill addresses both cloned pets and genetically modified pets.

(d) "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.

(e) "Pet" means any amphibian, bird, fish, mammal, or reptile that is kept for companionship rather than utility. This includes cats and dogs. According to the purpose of the bill, this was not meant to include non-pet animals, or animals that could be pets but that were used in laboratory settings (mice, for example.)

(f) "Retail Sale" has the same meaning as that term is defined in Section 6007 of the Revenue and Taxation Code.

Article 3. Prohibition

122332. No person may engage in the retail sale or transfer of cloned or genetically modified pets within California. The sale/transfer for cloned/genetically modified pets is banned in California. "Transfer" can include gifting (meant to close loopholes.)

Article 4. Violations and Penalties

122333. Any person may file a complaint with the department alleging a violation of this chapter. The complaint shall provide specific information regarding the alleged violation, including, but not limited to, the time, date, place, and person involved, and the names of any other witnesses who may be called to testify. The complaint shall be in writing, notarized, and signed under penalty of perjury.

122334. The Director of Health Services may, after appropriate notice and opportunity for hearing, by order, levy administrative penalties against any person who violates this chapter in the amount of five hundred thousand dollars ($500,000) per violation. Any administrative penalties received shall be deposited in the General Fund. $500,000 fine per violation.

Article 5. Severability

122335. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. Standard severability clause. Would have kept the rest of the bill enforceable, even if particular sections of the law were deemed invalid.

Article 6. Exemption

122336. Nothing in this chapter shall be construed as interfering with properly conducted scientific experiments or investigations performed under the authority of the faculty of an accredited medical school in this state. Scientific experiments can still continue. This is for purposes beyond pet cloning for the spectacle (conservation, for example.)

SEC. 2. 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.