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