BILL NUMBER: SB 1062 INTRODUCED BILL TEXT INTRODUCED BY Senator Lara FEBRUARY 16, 2016 An act to add Section 2128 to the Fish and Game Code, relating to elephants. LEGISLATIVE COUNSEL'S DIGEST 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 1. Section 2128 is added to the Fish and Game Code, to read: 2128. (a) (1) Any person who houses, possesses, manages, or is in direct contact with an elephant shall not do either of the following: (A) 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. (B) Permit 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. (2) Use prohibited by this subdivision includes brandishing, exhibiting, or displaying the devices in the presence of an elephant. (b) Any person who violates this section is subject to a civil penalty of not less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000) for each violation, and is subject to permit revocation under this chapter. A person who violates this section is not subject to the criminal penalty provided for in subdivision (a) of Section 2125. (c) The provisions of this section are in addition to, and not in lieu of, any other laws protecting animal welfare. This section shall not be construed to limit any state law or rules protecting the welfare of animals or to prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations. (d) This section shall become operative on January 1, 2018.