BILL ANALYSIS ---------------------------------------------------------- |Hearing Date:July 2, 2007 |Bill No:AB | | |1614 | ---------------------------------------------------------- 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. AB 1614 Page 2 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 AB 1614 Page 3 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. AB 1614 Page 4 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 AB 1614 Page 5 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; AB 1614 Page 6 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 AB 1614 Page 7 Several individuals Opposition: None on file as of June 20, 2007. Consultant:Sieglinde Johnson