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

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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-Chaptered.html

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BILL NUMBER: SB 1062	CHAPTERED
	BILL TEXT

	CHAPTER  234
	FILED WITH SECRETARY OF STATE  AUGUST 29, 2016
	APPROVED BY GOVERNOR  AUGUST 29, 2016
	PASSED THE SENATE  AUGUST 11, 2016
	PASSED THE ASSEMBLY  AUGUST 4, 2016
	AMENDED IN ASSEMBLY  JUNE 15, 2016
	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, 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, 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
cooperation with 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 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 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 the restricted species permit for the
elephant would be subject to immediate suspension or revocation 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.


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) 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 the civil
penalty set forth in Section 2125 for each violation, and the
restricted species permit for the elephant is subject to immediate
suspension or revocation 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 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.