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 permit, known as a restricted species 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 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. Existing law authorizes specified entities, including the Department of Fish and Wildlife, 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 authorizing or allowing 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
immediate suspension or revocation
begin delete of his or her restricted species permitend delete 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.
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.
9(B) Authorize or allow an employee, agent, or contractor to use
10a bullhook, ankus, baseball bat, axe handle, pitchfork, or other
11device 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 the civil
16penalty set forth in Section 2125 for each violation, and is subject to immediate
18suspension or revocation
begin delete of his or her restricted species permitend delete by
19the department. A person whose restricted species permit is
20suspended or revoked pursuant to this section may appeal the
21suspension or revocation to the commission by filing a written
22request for an appeal with the commission within 30 days of the
23suspension or revocation. A person who violates this section is not
24subject to the criminal penalties set forth in this code.
P3 1(c) The provisions of this section are in addition to, and not in
2lieu of, any other laws protecting animal welfare. This section shall
3not be construed to limit any state law or rules protecting the
4welfare of animals or to prevent a local governing body from
5adopting and enforcing its own animal welfare laws and
7(d) This section shall become operative on January 1, 2018.