Amended in Assembly May 26, 2016

Senate BillNo. 1062


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 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, nontransferablebegin delete permitend deletebegin insert permit, known as a restricted species permit,end insert issued by the Department of Fish and Wildlife, in cooperation with the Department of Food and Agriculture, and only if certain requirements are met.begin insert Existing law requires the Fish and Game Commission to revoke a permit under certain circumstances and, in the cooperation of the Department of Food and Agriculture, to adopt regulations for the notification of the revocation, termination, or denial of permits, and related appeals.end insert Existing law authorizes specified entities, including thebegin delete department,end deletebegin insert Department of Fish and Wildlife,end insert 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, orbegin delete permittingend deletebegin insert authorizing or allowingend insert 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 andbegin insert immediate suspension orend insert revocation ofbegin delete the above-described permit.end deletebegin insert his or her restricted species permit by the Department of Fish and Wildlife. The bill would authorize a person whose permit is suspended or revoked to appeal the suspension or revocation to the commission by filing a written request for an appeal within 30 days of the suspension or revocation.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 2128 is added to the Fish and Game Code,
2to read:

3

2128.  

(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) begin deletePermit end deletebegin insertAuthorize or allow end insertan 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 tobegin delete aend deletebegin insert theend insert civil
16penaltybegin delete of not less than five hundred dollars ($500) nor more than
17ten thousand dollars ($10,000)end delete
begin insert set forth in Section 2125end insert for each
18violation, and is subject tobegin delete permit revocation under this chapter.end delete
19begin insert immediate suspension or revocation of his or her restricted species
20permit by the department. A person whose restricted species permit
21is suspended or revoked pursuant to this section may appeal the
22suspension or revocation to the commission by filing a written
23request for an appeal with the commission within 30 days of the
24suspension or revocation.end insert
A person who violates this section is
P3    1not subject to the criminalbegin delete penalty provided for in subdivision (a)
2of Section 2125.end delete
begin insert penalties set forth in this code.end insert

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
8regulations.

9(d) This section shall become operative on January 1, 2018.



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