BILL ANALYSIS ---------------------------------------------------------- |Hearing Date:April 22, 2002 |Bill No:SB | | |1851 | ---------------------------------------------------------- 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 SB 1851 Page 2 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. SB 1851 Page 3 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 SB 1851 Page 4 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 SB 1851 Page 5 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 SB 1851 Page 6 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.) SB 1851 Page 7 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