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
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|Ayes:|Ammiano, Furutani, Hill, |Ayes:|Galgiani, Tom Berryhill, |
| |Ma | |Ma, Mendoza, Yamada, |
| | | |Monning |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Gilmore |Nays:|Conway |
| | | | |
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APPROPRIATIONS 13-2
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|Ayes:|De Leon, Ammiano, Charles | | |
| |Calderon, Coto, Davis, | | |
| |Fuentes, Hall, John A. | | |
| |Perez, Skinner, Solorio, | | |
| |Audra Strickland, Torlakson, | | |
| |Hill | | |
| | | | |
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|Nays:|Conway, Miller | | |
| | | | |
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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
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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
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319-3744
FN: 0002351