BILL ANALYSIS
SB 135
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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
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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.
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Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081