BILL ANALYSIS SB 135 Page 1 SENATE THIRD READING SB 135 (Florez) As Amended July 6, 2009 Majority vote SENATE VOTE :27-12 PUBLIC SAFETY 4-1 AGRICULTURE 6-1 ----------------------------------------------------------------- |Ayes:|Ammiano, Furutani, Hill, |Ayes:|Galgiani, Tom Berryhill, | | |Ma | |Ma, Mendoza, Yamada, | | | | |Monning | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Gilmore |Nays:|Conway | | | | | | ----------------------------------------------------------------- APPROPRIATIONS 13-2 ---------------------------------------------------------------- |Ayes:|De Leon, Ammiano, Charles | | | | |Calderon, Coto, Davis, | | | | |Fuentes, Hall, John A. | | | | |Perez, Skinner, Solorio, | | | | |Audra Strickland, Torlakson, | | | | |Hill | | | | | | | | ---------------------------------------------------------------- ----------------------------------------------------------------- |Nays:|Conway, Miller | | | | | | | | ----------------------------------------------------------------- SUMMARY : Prohibits tail "docking" of cattle, as specified. Specifically, this bill : 1)Provides the prohibition on tail "docking" of cattle shall 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 that the emergency treatment is performed consistent with the Veterinary Medicine Practice Act, as specified. SB 135 Page 2 2)Defines "cattle" as any animal of a bovine species. EXISTING LAW : 1)Provides that is a misdemeanor punishable by a maximum of one year in the county jail and a fine of not more than $20,000 to maim, mutilate, torture, or wound a living animal or maliciously or intentionally kill an animal. 2)States that every person having charge or custody of an animal who overdrives; overloads; overworks; tortures; torments; deprives of necessary sustenance, drink, or shelter; cruelly beats, mutilates, or cruelly kills; or causes or procures any animal to be so overdriven; overloaded; driven when overloaded; overworked; tortured; tormented; deprived of necessary sustenance, drink, shelter; or to be cruelly beaten, mutilated, or cruelly killed is, for every such offense, guilty of a crime punishable as an alternate misdemeanor/felony and by a fine of not more than $20,000. 3)States any person who cuts the solid part of the tail of any horse in the operation known as "docking," or in any other operation performed for the purpose of shortening the tail of any horse, within the State of California, or procures the same to be done, or imports or brings into this state any docked horse, or horses, or drives, works, uses, races, or deals in any unregistered docked horse, or horses, within the State of California except as provided, is guilty of a misdemeanor. 4)Provides that any person or persons violating any of the provisions related to tail docking, however, shall not be applied to persons owning or possessing any docked purebred stallions and mares imported from foreign countries for breeding or exhibition purposes only, as provided by an act of Congress entitled "An Act Regulating the Importation of Breeding Animals" and approved March 3, 1903, and to docked native-bred stallions and mares brought into California and used for breeding or exhibition purposes only; and provided further, that a description of each such animal so brought into California, together with the date of importation and name and address of importer, be filed with the county clerk of the county where such animal is kept, within 30 days after the importation of such animal. SB 135 Page 3 FISCAL EFFECT : According to the Assembly Appropriations Committee: 1) negligible state costs; 2) unknown, likely minor, nonreimburseable local law enforcement and incarceration costs, offset to an unknown degree by increased fine revenue. COMMENTS : 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 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." Developed in New Zealand in the early 1900s, tail docking is the practice of removing part of the solid portion of an animal's tail. In dairy cattle, tail docking is alleged to improve milking personnel comfort, cow udder cleanliness, and heightened milk quality. Further, tail docking is alleged to promote milking personnel health through the prevention of leptospirosis a bacterial disease spread by urine from infected animals via contact with skin abrasions or wounds or contact with mucous membranes of the eyes, nose, and mouth. The practice of tail docking has varying restrictions around the world. Tail docking is prohibited in Denmark, Germany, Scotland, Sweden, and the United Kingdom. Canada recommends that only competent personnel perform the procedure, and Australia has varying degrees of regulation from requiring that veterinarians perform the procedure to outright prohibition. In the United States, cattle are docked near weaning, most commonly by rubber band constriction. The banded tail detaches after three to seven weeks, removing one-third to two-thirds of the tail. California law makes the practice of tail docking horses or the importation of tail-docked horses a misdemeanor. Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916) SB 135 Page 4 319-3744 FN: 0002351