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SB-1062 Elephants: prohibited treatment.(2015-2016)

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SB1062:v95#DOCUMENT

Senate Bill No. 1062
CHAPTER 234

An act to add Section 2128 to the Fish and Game Code, relating to elephants.

[ Approved by Governor  August 29, 2016. Filed with Secretary of State  August 29, 2016. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1062, 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 cooperation with 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 the restricted species permit for the elephant would be subject to immediate suspension or revocation 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   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) Authorize or allow 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 the civil penalty set forth in Section 2125 for each violation, and the restricted species permit for the elephant is subject to immediate suspension or revocation by the department. A person whose restricted species permit is suspended or revoked pursuant to this section may appeal the suspension or revocation to the commission by filing a written request for an appeal with the commission within 30 days of the suspension or revocation. A person who violates this section is not subject to the criminal penalties set forth in this code.
(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.