BILL ANALYSIS                                                                                                                                                                                                    







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          |Hearing Date:July 2, 2007      |Bill No:AB                |
          |                               |1614                      |
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               SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC  
                                     DEVELOPMENT
                          Senator Mark Ridley-Thomas, Chair

                      Bill No:        AB 1614Author:Strickland
                   As Amended:  June 20, 2007         Fiscal: Yes

          
          SUBJECT:    Rodeo animals.
          
          SUMMARY:  Revises the definition of "rodeo" to include a  
          performance featuring competition between persons that  
          includes  three  or more specified events, and provides that  
          a rodeo performed on private property shall be considered a  
          rodeo performance and subject to the specified requirements  
          regarding veterinary care at the event if admission is  
          charged, sponsorships are sold or accepted or the event is  
          open to the public.

          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 to ensure a licensed veterinarian is  
            present during the rodeo event or is on on-call and is  
            able to arrive at the rodeo within one hour after an  
            injury occurs.

          3)Grants veterinarians complete access to rodeo sites,  
            permits them to declare any animal unfit for an event and  
            requires them to provide immediate and appropriate  
            treatment to animals injured during the course of the  
            rodeo.  






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          4)Requires veterinarians to submit a brief listing of  
            animal injuries requiring veterinary treatment to the  
            Veterinary Medical Board (VMB) within 48 hours of the  
            conclusion of the rodeo.

          5)Requires rodeo management to have an available conveyance  
            to transport animals in the event of injury.

          6)Prohibits the use of an electric prod or similar device  
            once an animal is in a holding chute, unless necessary to  
            protect the participants and spectators.

          7)States the violation of rodeo standards is an infraction  
            and assesses a fine of not less than $500 and not more  
            than $2,000 for a first violation and for subsequent  
            violations, a fine of not less than $1,500 and no more  
            than $5,000.
          8)Prohibits a training method to teach horses to jump known  
            as the poling of a horse which consists of:

             a)   Forcing, persuading or enticing a horse to jump in  
               such a manner that one or more of its legs will come  
               in contact with an obstruction consisting of any kind  
               of wire, or a pole, stick, rope or other object with  
               brads, nails, tacks or other sharp objects embedded  
               therein or attached thereto.

             b)   Raising, throwing or moving a pole, stick, wire,  
               rope or other object against one or more of the legs  
               of a horse while it is jumping an obstruction so that  
               the horse, in either case, is induced to raise such  
               leg or legs higher in order to clear the obstruction.   
               [Section 597g of the Penal Code]

          1)Prohibits the intentional tripping or felling of an  
            equine by the legs, by any means, for the purpose of  
            entertainment or sport.  [Section 597g of the Penal Code]

          This bill:

          1)Defines "rodeo" as a performance featuring competition  
            between persons that includes  three  or more of the  
            following events: bareback bronc riding, saddle bronc  
            riding, bull riding, calf roping, steer wrestling or team  
            roping that is open to the public, on public property,  
            for which admission is charged or that sells or accepts  





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            sponsorships.

          2)States that a rodeo performed on private property that  
            charges admission, or sells or accepts sponsorships, or  
            is open to the public constitutes a performance.
          
          FISCAL EFFECT:  The Assembly Appropriations analysis dated  
          May 2, 2007, cites minor, nonreimbursable costs to local  
          law enforcement agencies, which may be offset by penalty  
          revenue.

          COMMENTS:
          
          1.Purpose.  This measure changes the definition of a rodeo  
            to include Charreadas for the purpose of ensuring the  
            presence or availability of a licensed veterinarian  
            during rodeo performances.  The Author contends "animals  
            used in Charreadas need to be protected the same way  
            animals in other rodeos are currently protected.  When  
            animals are placed at risk of injury solely for  
            entertainment sake, it is highly appropriate that we  
            require a veterinarian to be on call."

          2.Background.  

          Current Requirements for Veterinary Care and Treatment at  
            Rodeos.  Most rodeos are sponsored by the Professional  
            Rodeo Cowboy Association, International Professional  
            Rodeo Association, Gay Rodeo Association, Bill Pickett  
            Rodeos, California Cowboys Professional Rodeo  
            Association, high schools and colleges.  The industry  
            estimates that about 150 to 350 rodeos take place  
            throughout the year in various urban and rural locations  
            throughout the state and include activities such as  
            bareback riding, saddle bronco riding, bull riding, calf  
            roping, steer wrestling, steer roping, horse roping, team  
            roping and barrel racing.

          The management of most, if not all, of these events is  
            required under current law [Section 596.7 of the Penal  
            Code] to ensure that the following veterinarian care and  
            treatment is provided with each performance:

             a)   Have a veterinarian present or on-call and able to  
               arrive within one hour.






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             b)   Allow the veterinarian complete access to the rodeo  
               site.

             c)   Authorizes the veterinarian to declare any animal  
               unfit and requires the veterinarian to report all  
               animal injuries to the Veterinary Medical Board.

             d)   Ensure that any injured animal receive immediate  
               examination and appropriate medical treatment.

             e)   Have a conveyance available for the immediate and  
               humane removal of any injured animal.

            Mexican Style Rodeo:  "Charreada."  A "Charreria" is the  
            Mexican style of traditional Spanish horsemanship that  
            developed in Mexico under the hacienda system.  Both the  
            Mexican Charreada type of rodeo and American type of  
            rodeo grew out of this tradition.  Prior to the Mexican  
            revolution in 1910, Mexican, American and Canadian  
            cowboys participated in similar events throughout all  
            three countries.  The Charreada consists of a number of  
            scoring events staged in a particular order.  Two or more  
            teams, called asociacones, compete against each other to  
            become state, regional and national champions.  Unlike  
            most rodeos, most Charreadas do not award money to the  
            winner; however, at times, prizes such as saddles or  
            horse trailers are given.

            The typical Charreada typically consists of the following  
            nine events, some of which are  not  permitted under  
            California law: 

               a)     Cala de Caballo (test of the horse). The charro  
                 guides his horse though various commands to  
                 demonstrate his ability and the horse's training.

               b)     Piales en Lienzo (roping of the feet).  A  
                 charro throws a lariat, lets a wild mare run through  
                 the loop and attempts to catch it by the hind legs.   
                 [This event is prohibited in Calfornia under Section  
                 597g of the Penal Code.]

               c)     Colas en el Lienzo or Coleadero (arena bull  
                 tailing).  The charro rides alongside the left side  
                 of the bull, wraps its tail around his right leg and  
                 tries to cause the bull to fall and roll as he rides  





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                 past it.

               d)     Jineto de Toro (bull riding).  A charro rides a  
                 bull until it stops bucking.

               e)     Terna en el Ruedo (team of three).  A team  
                 roping event in which three charros attempt to rope  
                 a bull; one by its neck, one by its hind legs, and  
                 the last then ties its feet together.

               f)     Jineto de Yegua (bareback on a wild mare).  A  
                 wild mare is riden with a bullrope. Two hands are  
                 used and the legs are held horizontally to the  
                 ground.

               g)     Manganas a Pie (roping on foot).  On foot, a  
                 charro on foot attempts to rope a wild mare by its  
                 front legs and cause it to fall and roll once.   
                 [This event is prohibited in California by Section  
                 597g of the Penal Code.] 

               h)     Manganas a Caballo (roping from horseback).   
                 Same as Manganas a Pie, but the charro is riding on  
                 a horse. [This event is prohibited in California by  
                 Section 597g of the Penal Code.]

               i)     El Paso de la Muerte (pass of death).  A charro  
                 riding bareback, with reins, attempts to leap from  
                 his own horse to the bare back of a wild horse  
                 without reins and ride it until it stops bucking.

            Intended Effect of this Measure.  Since the Charreadas  
            usually include only three of the current listed events  
            under the law (bareback bronc, bull riding, team roping)  
            they are exempt from the requirements of veterinary care  
            and treatment provided for rodeos pursuant to Section  
            596.7 of the Penal Code.  Changing the statutory  
            definition of a rodeo to include  three  of any six  
            specified events within Section 596.7 will subject  
            Charreadas to the same veterinary care and treatment as  
            other professional and amateur rodeos.

          1.Arguments in Support.   Action for Animals  and  Humane  
            Society of the United States  are the sponsors of this  
            measure and argue that California has the most  
            progressive rodeo animal welfare law in the country;  





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            however, the current definition of rodeo exempts  
            Charreadas.  They believe animals used in rodeos of all  
            kinds deserve the protections in current law and that it  
            is only fair and equal protection for all rodeo animals.   
            As argued by other proponents, this measure will close a  
            loophole in the law and ensure protection for animals  
            that are used for entertainment purposes in the state.

          2.Arguments in Opposition.  The  American Charro Association   
            (ACA) was opposed to this measure.  They argued that the  
            requirements to have a veterinarian onsite or within one  
            hour's travel time and to have a conveyance to move an  
            injured animal were cost prohibitive as they do not  
            charge admission for their events.  However, amendments  
            taken on May 21, 2007, exclude any rodeo performed on  
            private property from the definition of rodeo under  
            specified conditions; one of which is that they do not  
            charge admission.  As a result of this change, the ACA  
            changed its position from "oppose" to "neutral."  Recent  
            amendments only clarify when rodeo events held on private  
            property will be considered as a "rodeo performance,"  
            including that there would either be a charge for  
            admission or that the event would be open to the public.

          SUPPORT AND OPPOSITION:
          
           Support:  

          Action for Animals (Co-Sponsor)
          Humane Society of the United States (Co-Sponsor)
          Animal Protection Institute
          Animal Switch Board
          Arizona Society for the Abolition of Violent & Exploitive  
                  Spectacles
          Association of Veterinarians for Animal Rights
          California Animal Control Directors Association
          California Federation for Animal Legislation
          Farm Sanctuary           
          Friends of Auburn/Tahoe Vista Placer County Animal Shelter
          Los Amigos de Los Animales
          Marine Mammal Project of Earth Island Institute
          PAWPAC
          People for the Ethical Treatment of Animals
          Sacramento SPCA
          State Human Association of California
          United Animal Nations





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          Several individuals

            Opposition:   

           None on file as of June 20, 2007.



          Consultant:Sieglinde Johnson