BILL ANALYSIS SB 135 Page 1 Date of Hearing: August 19, 2009 ASSEMBLY COMMITTEE ON APPROPRIATIONS Kevin De Leon, Chair SB 135 (Florez) - As Amended: July 6, 2009 Policy Committee: Public SafetyVote: 4-1 Agriculture 6-1 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill makes it a misdemeanor, punishable by up to six months in county jail and/or a fine of up to $1,000 to dock - or cut - the solid part of the tail of cattle or horses. The prohibition does not apply when the solid part of an animal's tail must be removed in an emergency for the purpose of saving the animal's life or relieving the animal's pain, provided the treatment is performed by a licensed veterinarian consistent with the Veterinary Medicine Practice Act. FISCAL EFFECT 1)Negligible state costs. 2)Unknown, likely minor, nonreimbursable local law enforcement and incarceration costs, offset to an unknown degree by increased fine revenue. COMMENTS 1)Rationale . Proponents, generally animal protection groups, contend tail docking is an unnecessary and painful procedure that should be outlawed. According to the author, "Scientific studies have shown that the mutilation of tail causes serious welfare problems for animals, including distress, pain, and increased fly attacks. SB 135 would ban the inhumane practice of tail docking. This practice is simply inhumane and unnecessary. Tail docking is performed on some dairy cattle in this State, and results in SB 135 Page 2 removing more than one-half of a dairy cow's tail without anesthesia. Even more troubling is the fact that there is no scientific justification for engaging in this inhuman practice. This practice is cruel, plain and simple. This is why California law already prohibits tail docking on horses." The American Veterinarian Medical Association (AVMA) opposes tail docking of cattle, stating, "Current scientific literature indicates that routine tail docking provides no benefit to the animal, and that tail docking can lead to distress during fly seasons. When medically necessary, amputation of tails must be performed by a licensed veterinarian." 2)Current law makes it a misdemeanor, punishable by up to six months in county jail and/or a fine of up to $1,000 to cut - or dock - the solid part of the tail of any horse for the purpose of shortening the tail, and makes it a misdemeanor, punishable by up to one year in county jail and/or a fine of to $20,000, to maim, mutilate, torture, or wound a living animal or maliciously or intentionally kill an animal. 3)Tail Docking Background . The Humane Society states that California has approximately 1.7 million dairy animals on an estimated 2,200 facilities, and recent industry estimates indicate that docking is practiced at 10% to 15% of those dairies. According to the AVMA, tail docking is a management practice used within the dairy industry. The dairy industry in New Zealand developed the process during the early 1900s as an attempt to reduce the incidence of leptospirosis in milking personnel. The stated goals of tail docking include improved comfort for milking personnel, enhanced udder cleanliness, reduced incidence of mastitis, and improved milk quality and milk hygiene. Tail docking is usually performed on young heifers or calves near weaning age, removing one-thirds to two-thirds of the tail. A variety of methods are used to dock tails, including cauterizing irons, elastrator bands and surgical excision. SB 135 Page 3 Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081