SB 1062, as amended, 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
begin delete permitend delete 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 begin delete department,end delete 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
begin delete permittingend delete 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 begin delete the above-described permit.end delete
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,
(a) (1) Any person who houses, possesses, manages,
4or is in direct contact with an elephant shall not do either of the
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.
begin deletePermit end deletean employee, agent, or contractor
10to use a bullhook, ankus, baseball bat, axe handle, pitchfork, or
11other device designed to inflict pain for the purpose of training or
12controlling the behavior of 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
begin delete aend delete civil
begin delete of not less than five hundred dollars ($500) nor more than
17ten thousand dollars ($10,000)end delete
18violation, and is subject to
begin delete permit revocation under this chapter.end delete
19 A person who violates this section is
P3 1not subject to the criminal
begin delete penalty provided for in subdivision (a)
2of Section 2125.end delete
3(c) The provisions of this section are in addition to, and not in
4lieu of, any other laws protecting animal welfare. This section shall
5not be construed to limit any state law or rules protecting the
6welfare of animals or to prevent a local governing body from
7adopting and enforcing its own animal welfare laws and
9(d) This section shall become operative on January 1, 2018.