SB 1062, as introduced, Lara. Elephants: prohibited treatment.
Existing law makes it a misdemeanor for any owner or manager of an elephant to engage in abusive behavior toward the elephant, which includes disciplining an elephant by specified methods.
Existing law prohibits the importation, transportation, possession, or live release of specified wild animals, including all species of the order Proboscidea (elephants) into this state, except under a revocable, nontransferable permit issued by the Department of Fish and Wildlife, in cooperation with the Department of Food and Agriculture, and only if certain requirements are met. Existing law authorizes specified entities, including the department, to enforce these provisions. Under existing law, a violation of these provisions is a crime and is subject to specified civil penalties.
This bill would, beginning January 1, 2018, prohibit any person who houses, possesses, or is in direct contact with an elephant from using, or permitting an employee, agent, or contractor to use, a bullhook, ankus, baseball bat, axe handle, pitchfork, or other device designed to inflict pain for the purpose of training or controlling the behavior of an elephant. A person who violates these provisions would not be subject to criminal penalty but would be subject to civil penalties and revocation of the above-described permit.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2128 is added to the Fish and Game Code,
2to read:
(a) (1) Any person who houses, possesses, manages,
4or is in direct contact with an elephant shall not do either of the
5following:
6(A) Use a bullhook, ankus, baseball bat, axe handle, pitchfork,
7or other device designed to inflict pain for the purpose of training
8or controlling the behavior of an elephant.
9(B) Permit an employee, agent, or contractor to use a bullhook,
10ankus, baseball bat, axe handle, pitchfork, or other device designed
11to inflict pain for the purpose of training or controlling the behavior
12of an elephant.
13(2) Use prohibited by this subdivision includes brandishing,
14exhibiting, or
displaying the devices in the presence of an elephant.
15(b) Any person who violates this section is subject to a civil
16penalty of not less than five hundred dollars ($500) nor more than
17ten thousand dollars ($10,000) for each violation, and is subject
18to permit revocation under this chapter. A person who violates this
19section is not subject to the criminal penalty provided for in
20subdivision (a) of Section 2125.
21(c) The provisions of this section are in addition to, and not in
22lieu of, any other laws protecting animal welfare. This section shall
23not be construed to limit any state law or rules protecting the
24welfare of animals or to prevent a local governing body from
25adopting and enforcing its own animal welfare laws and
26regulations.
27(d) This section shall become operative on January 1, 2018.
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