Bill Text: CA AB719 | 2019-2020 | Regular Session | Amended

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

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Bill Title: Endangered wildlife: crocodiles and alligators.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2019-08-30 - In committee: Held under submission. [AB719 Detail]

Download: California-2019-AB719-Amended.html

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Amended  IN  Senate  June 20, 2019

Amended  IN  Assembly  May 16, 2019

Amended  IN  Assembly  April 12, 2019

Amended  IN  Assembly  April 08, 2019

Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 719

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Introduced by Assembly Member Diep Members Blanca Rubio and Gray
(Principal coauthor: Senator Caballero)
(Coauthor: Assembly Member Wood)(Coauthors: Assembly Members Cooper, Flora, Gallagher, and Waldron)
(Coauthors: Senators Archuleta and Jones)

February 19, 2019

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An act relating to Medi-Cal. to amend Section 653o of the Penal Code, relating to endangered wildlife.

LEGISLATIVE COUNSEL'S DIGEST

AB 719, as amended, Diep Blanca Rubio. Medi-Cal: reimbursement rates. Endangered wildlife: crocodiles and alligators.

Existing law makes it a misdemeanor to import into the state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or a part or product thereof, of a polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf, zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin, porpoise, Spanish lynx, or elephant. Existing law, commencing January 1, 2020, makes it a misdemeanor to import into the state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or a part or product thereof, of a crocodile or alligator.

This bill would delay the commencement of the prohibition on importing into the state for commercial purposes, possessing with intent to sell, or selling within the state, the dead body, or a part or product thereof, of a crocodile or alligator until January 1, 2025.

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires, except as otherwise provided, payments for Medi-Cal fee-for-service benefits and payments for specified non-Medi-Cal programs to be reduced by 10% for dates of service on and after June 1, 2011, and requires payments to Medi-Cal managed health care plans to be reduced by the actuarial equivalent amount of the payment reductions for fee-for-service Medi-Cal benefits.

This bill would express the intent of the Legislature to enact legislation to require the department, when funding allows, to discontinue reducing or limiting the above-specified provider payments.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 653o of the Penal Code 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 a 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, 2020, 2025, 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 a crocodile or alligator.

(2) This subdivision shall not be construed to does not 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 international treaty to which the United States is a party.

(c) A person who violates 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.

(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.

SECTION 1.

(a)The Legislature hereby finds and declares that payments for Medi-Cal fee-for-service benefits and payments for specified non-Medi-Cal programs have been reduced by 10 percent for dates of service on and after June 1, 2011, and payments to Medi-Cal managed health care plans have been reduced by the actuarial equivalent amount of the payment reductions for fee-for-service Medi-Cal benefits.

(b)Therefore, when funding allows, it is the intent of the Legislature to enact legislation to require the State Department of Health Care Services to discontinue reducing or limiting these provider payments.