Bill Text: CA SB1062 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Elephants: prohibited treatment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-08-29 - Chaptered by Secretary of State. Chapter 234, Statutes of 2016. [SB1062 Detail]

Download: California-2015-SB1062-Amended.html

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BILL NUMBER: SB 1062	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 26, 2016

INTRODUCED BY   Senator Lara

                        FEBRUARY 16, 2016

   An act to add Section 2128 to the Fish and Game Code, relating to
elephants.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1062, as amended, Lara. Elephants: prohibited treatment.
   Existing law makes it a misdemeanor for any owner or manager of an
elephant to engage in abusive behavior toward the elephant, which
includes disciplining an elephant by specified methods.
   Existing law prohibits the importation, transportation,
possession, or live release of specified wild animals, including all
species of the order Proboscidea (elephants) into this state, except
under a revocable, nontransferable  permit  
permit, known as a restricted species permit,  issued by the
Department of Fish and Wildlife, in cooperation with the Department
of Food and Agriculture, and only if certain requirements are met.
 Existing law requires the Fish and Game Commission to revoke a
permit under certain circumstances and, in the cooperation of the
Department of Food and Agriculture, to adopt regulations for the
notification of the revocation, termination, or denial of permits,
and related appeals.  Existing law authorizes specified
entities, including the  department,  
Department of Fish and Wildlife,  to enforce these provisions.
Under existing law, a violation of these provisions is a crime and is
subject to specified civil penalties.
   This bill would, beginning January 1, 2018, prohibit any person
who houses, possesses, or is in direct contact with an elephant from
using, or  permitting   authorizing or allowing
 an employee, agent, or contractor to use, a bullhook, ankus,
baseball bat, axe handle, pitchfork, or other device designed to
inflict pain for the purpose of training or controlling the behavior
of an elephant. A person who violates these provisions would not be
subject to criminal penalty but would be subject to civil penalties
and  immediate suspension or  revocation of  the
above-described permit.   his or her restricted species
permit by the Department of Fish and Wildlife. The bill would
authorize a person whose permit is suspended or revoked to appeal the
suspension or revocation to the commission by filing a written
request for an appeal within 30 days of the suspension or  
revocation. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 2128 is added to the Fish and Game Code, to
read:
   2128.  (a) (1) Any person who houses, possesses, manages, or is in
direct contact with an elephant shall not do either of the
following:
   (A) Use a bullhook, ankus, baseball bat, axe handle, pitchfork, or
other device designed to inflict pain for the purpose of training or
controlling the behavior of an elephant.
   (B)  Permit   Authorize or allow  an
employee, agent, or contractor to use a bullhook, ankus, baseball
bat, axe handle, pitchfork, or other device designed to inflict pain
for the purpose of training or controlling the behavior of an
elephant.
   (2) Use prohibited by this subdivision includes brandishing,
exhibiting, or displaying the devices in the presence of an elephant.

   (b) Any person who violates this section is subject to  a
  the  civil penalty  of not less than five
hundred dollars ($500) nor more than ten thousand dollars ($10,000)
  set forth in Section 2125  for each violation,
and is subject to  permit revocation under this chapter.
  immediate suspension or revocation of his or her
restricted species permit by the department. A person whose
restricted species permit is suspended or revoked pursuant to this
section may appeal the suspension or revocation to the commission by
filing a written request for an appeal with the commission within 30
days of the suspension or revocation.  A person who violates
this section is not subject to the criminal  penalty provided
for in subdivision (a) of Section 2125.   penalties set
forth in this code. 
   (c) The provisions of this section are in addition to, and not in
lieu of, any other laws protecting animal welfare. This section shall
not be construed to limit any state law or rules protecting the
welfare of animals or to prevent a local governing body from adopting
and enforcing its own animal welfare laws and regulations.
   (d) This section shall become operative on January 1, 2018.