BILL ANALYSIS                                                                                                                                                                                                    







           ---------------------------------------------------------- 
          |Hearing Date:April 22, 2002    |Bill No:SB                |
          |                               |1851                      |
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                    SENATE COMMITTEE ON BUSINESS AND PROFESSIONS
                             Senator Liz Figueroa, Chair

                        Bill No:        SB 1851Author:Perata
                        As Amended:April 1, 2002 Fiscal: Yes

          
          SUBJECT:  Rodeos.
          
          SUMMARY:  Requires rodeo management to have a veterinarian  
          at all performances of a rodeo, except for junior rodeos or  
          those sponsored by schools, and to provide animal control  
          agencies with specified information at least 14 days prior  
          to the rodeo event, including the name of the veterinarian  
          that will be present or on-call at the rodeo.

          Existing law:

          1)Defines "rodeo" as a public performance featuring  
            competition between persons, that includes four or more  
            of the following events:  bareback bronc riding, saddle  
            bronc riding, bull riding, calf roping, steer wrestling,  
            or team roping.

          2)Requires the management of any professionally sanctioned  
            or amateur rodeo, as defined, to ensure that there is a  
            veterinarian present during the rodeo event or "on-call,"  
            as specified. 

          3)Allows the veterinarian complete access to the site, to  
            declare any animal unfit for the rodeo event, and  
            specifies other veterinarian duties.

          4)Specifies that any animal injured during the course of a  
            rodeo event shall receive immediate examination and  
            appropriate treatment within one hour of the  
            determination that an injury has occurred.

          5)Requires the veterinarian to submit a brief listing of  





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            any animal injury requiring veterinary treatment to the  
            Veterinary Medical Board within 48 hours of the  
            conclusion of the rodeo.

          6)Provides other requirements for rodeo management to  
            ensure the humane treatment of animals used at their  
            event.

          7)Makes a violation of these requirements an infraction and  
            fine of not less than $500 and not more than $2,000, and  
            for a subsequent violation, a fine of not less than  
            $1,500 and not more than $5,000.



          8)Requires traveling circuses and carnivals to notify each  
            entity that provides animal control services of its  
            intent to perform in that jurisdiction and its schedule  
            of performances at least 14 days prior to the first  
            performance.

          This bill:

          1)Changes the definition of "rodeo" to include steer roping  
            and horse roping.

          2)Requires at least 14 days prior to a rodeo event, that  
            rodeo management  provide certain information to the  
            animal control agency having jurisdiction over the  
            rodeo's location, regarding the events to be held, the  
            rules and regulations that will govern the event and the  
            name of the veterinarian that will be present or on-call  
            at the rodeo.

          3)Requires a licensed veterinarian to be present at all  
            times during the performance of any professionally  
            sanctioned or amateur rodeo.

          4)Allows a junior rodeo, or rodeo sponsored by the National  
            High School Rodeo Association or the National  
            Intercollegiate Rodeo Association to have either a  
            veterinarian who is "on-call" at the rodeo, or have an  
            onsite veterinarian.

          5)Defines "junior rodeo" as a rodeo in which all  
            contestants are 18 years of age or younger.





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          6)Prohibits the attending or on-call veterinarian from also  
            participating in any event of the rodeo as a contestant.

          7)Subjects a veterinarian to disciplinary action for not  
            reporting to the Veterinary Medical Board any animal  
            injuries requiring veterinary treatment. 

          FISCAL EFFECT:  Unknown.

          COMMENTS:
          
          1.Purpose.  The sponsor of the bill is Action for Animals.   
            This is an Oakland based animal welfare group.  According  
            to the sponsor, this measure seeks to enhance existing  
            rodeo law and the safety and protection of animals used  
            in rodeo events, by requiring a veterinarian present at  
            all rodeos rather than just on-call, and to give animal  
            control advanced notification of the rodeo so that they  
            can adequately monitor and provide better oversight of  
            rodeo events within their jurisdiction.    

          2.Background.  As indicated by the sponsors, since  
            enactment of the current law in January 2001, that  
            requires veterinarians to be both present and on-call at  
            rodeo events, and for injuries to rodeo animals to be  
            reported to the Veterinary Medical Board, not a  single   
            injury has been reported.  As argued, this indicates one  
            of two things:  either no animal injuries have occurred  
            over the past year of rodeo events, or the current law is  
            not being followed nor enforced.
          According to the Professional Rodeo Cowboys Association's  
            (PRCA)
          2000 Injury Survey, 38 animals were injured at 57 of the  
            PRCA sanctioned rodeos.  It should be noted that this  
            survey does not include all sanctioned rodeos of the  
            PRCA, of which there are approximately 100 each year, and  
            does not include the number of unsanctioned or regionally  
            sanctioned rodeos of which there are approximately 250  
            each year.  As pointed out by the sponsors, the PRCA's  
            survey and eyewitness accounts indicate that animal  
            injuries are occurring.

          As indicated by two letters submitted by veterinarians who  
            have had experience as on-site veterinarians for a number  
            of years, they have witnessed serious animal injuries and  





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            mistreatment at rodeos, both to the rodeo stock and to  
            contestants' horses, and when serious injuries occur to  
            animals at rodeos, they can be both painful and life  
            threatening.  Immediate medical attention is required.   
            As stated by both veterinarians, medical care is always  
            immediately available to human entrants who participate  
            in these events, the same standard of care should apply  
            to animals that are required to participate in these  
            events.

          Notification to animal control is currently required for  
            any traveling circus or carnival that performs in this  
            state.  One of the stated purposes of this law was to  
            protect the animals that perform in carnivals and  
            circuses.  Although there were circuses that did abide by  
            the laws regulating the treatment of animals, there was  
            also evidence that some did not and since there was no  
            information when a carnival or circus event occurred, it  
            was difficult to enforce local anti-cruelty laws.    
            According to the sponsors, by requiring notification to  
            animal control of rodeos occurring within their  
            jurisdiction will provide adequate monitoring of rodeos  
            for any form of animal abuse and will assure compliance  
            with the current law relating to rodeos.

          3.Prior Legislation Passed by the Senate Similar To This  
            Bill.  SB 1462 (Perata) was enacted into law on January  
            1, 2001.  This bill, as originally introduced in the  
            Senate, required notification to animal control as does  
            this measure and also required a veterinarian to be  
            present at the rodeo not just on-call.  It passed out of  
            the Senate with these requirements in the bill.  However,  
            SB 1462 was then amended in the Assembly Committee on  
            Agriculture to eliminate the notification requirement and  
            to provide the option for an on-call veterinarian.  These  
            changes were made premised on the fact that reporting of  
            injuries would occur and rodeos would comply with this  
            new law.  As indicated by the author's office, there is  
            no reporting and it is unknown whether veterinarians are  
            present at rodeos or available on-call. 

          4.Current Requirements for On-Site Veterinarians.    
            According to the sponsor, many venues already have an  
            on-site veterinarian requirement.  Some of these include  
            Alameda and Contra Costa counties, the Hayward Rowell  
            Ranch, the Solano County Fairgrounds, the City of Los  





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            Angeles, the City of San Francisco, and the California  
            State Fair. 

          5.Opponents Argue Against Changing the Option for "On-Call"  
            Veterinarians.  The  California Veterinary Medical  
            Association  (CVMA), the  Professional Rodeo Cowboys  
            Association  (PRCA), the  California Cattlemen's  
            Association  (CCA) and other rodeo related organizations,  
            oppose eliminating the option for allowing on-call  
            veterinarians to be available to treat injured rodeos  
            animals.  According to the opponents, the flexibility of  
            remaining on-call for smaller events removes the  
            veterinarian from the significant hardship situation of  
            having to leave their practice for multiple hours, while  
            still allowing them to be easily accessible in the case  
            of an animal-related emergency.  As argued by opponents,  
            many rodeos take place in rural areas, where the  
            veterinarians may rotate their emergency services  
            coverage on the weekends when many of these events are  
            held.  Veterinarians are professionals who respond in a  
            timely manner when they are called in an emergency  
            situation.  Having them virtually waste their day,  
            sitting at a rodeo when no emergency situation has  
            occurred is costly and burdensome.

          6.Opponents Argue Against Notification of Local Animal  
            Control.  The PRCA, the  American Quarter Horse  
            Association  and the  California Farm Bureau Federation  are  
            opposed to the measure's animal control notification  
            requirement.  Opponents argue that, notification of local  
            animal control is unnecessary and problematic.  Local  
            animal control agencies vary from small non-profit animal  
            shelters to large, public funded agencies.  They are  
            generally set up to handle pet problems and no  
            standardized training exists to train animal control or  
            humane officers regarding the care and handling of  
            livestock.
          
          7.Opponents Argue Against Prohibiting a Veterinarian from  
            Participating in the Rodeo Event.  Both the CVMA and the  
            PRCA are opposed to the prohibition in the bill that  
            veterinarians who are attending the rodeo event or are  
            on-call shall not be allowed to also participate in any  
            event as a contestant.  CVMA objects to the assumption  
            that a veterinarian who participates in an event is  
            somehow ineffective or unqualified to also service as the  





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            attending veterinarian. The PRCA argues that the short  
            time a veterinarian will spend participating in the rodeo  
            will not have an impact on his/her ability to serve as  
            the rodeo veterinarian.  
          
          8.Opponents Argue Against Subjecting Veterinarians to  
            Disciplinary Action for Non-Reporting of Injuries.  Both  
            the CVMA and the PRCA are also opposed to subjecting  
            rodeo veterinarians to discipline by the Veterinary  
            Medical Board because they do not report injuries to the  
            Board within 48 hours. As argued by the CVMA, many  
            veterinarians are totally unaware of the new reporting  
            requirements. The Board has not posted or even mailed out  
            information regarding this new requirement, nor passed  
            regulations to implement this new reporting requirement.  
            Also, veterinarians who generally are at rodeos are  
            volunteers, and they have indicated to the CVMA that most  
            injuries that occur on site are not serious enough to  
            require immediate attention, and the owner of the animal  
            usually ends up taking the animal to their own personal  
            veterinarian. The CVMA believes that this bill will  
            unduly punish veterinarians and have a chilling effect on  
            rodeos, as few will want to participate, knowing that a  
            failure to report an injury properly could strip them of  
            their license. The CVMA also believes that the repository  
            for information regarding injuries should actually be  
            provided to animal control agencies and not the Board,  
            which could take the appropriate action if needed.
          
          9.Proposed Author's Amendments.  The Author has indicated  
            that he will offer two Author's amendments in Committee  
            to address two of the concerns raised by opponents of  
            this measure.   The first  is to strike the prohibition for  
            veterinarians from participating in any event at a rodeo  
            as a contestant if they were the attending or on-call  
            veterinarian.   The second  is to strike the provision that  
            would have allowed the Veterinary Medical Board to take  
            disciplinary action against a veterinarian for not  
            complying with the current reporting requirements  
            regarding animal injuries.  Instead, the Author is  
            proposing language that would require the Veterinary  
            Medical Board to draft regulations regarding the  
            reporting of animal injuries at rodeos.  (The Author has  
            provided a mock-up version of the amendments and will  
            provide Legislative Counsel amendments in Committee.)   






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          SUPPORT AND OPPOSITION:
          
          Support:   Action for Animals (Sponsor)
          The Humane Society of the United States
          Association of Veterinarians for Animal Rights
          The Fund for Animals
          California Federation for Animal Legislation
          Doris Day Animal League
          Last Chance for Animals
          The Ark Trust, Inc.
          Contra Costa Humane Society
          Earth Island Institute
          The SPCA of Monterey County
          Sonoma People for Animal Rights 
          Redwings Horse Sanctuary
          Cedar Veterinary Hospital, Veterinarian
          North State Animal Hospital, Veterinarian
                  Humane Education Network


           Opposition:   California Veterinary Medical Association
           Professional Rodeo Cowboys Association
           California Cattlemen's Association
           California Farm Bureau Federation
           American Quarter Horse Association
           International Professional Rodeo Association
                      California Rodeo Salinas
                      Pioneer Equine Hospital, Inc.
                      Nevada State Assemblyman Tom Collins
           8 Individuals


          Consultant:Bill Gage