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SB-313 Wild and exotic animals: prohibition on use in traveling animal acts.(2019-2020)

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Date Published: 02/15/2019 09:00 PM


Senate Bill No. 313

Introduced by Senator Hueso

February 15, 2019

An act to add Chapter 4.5 (commencing with Section 2430) to Division 3 of the Fish and Game Code, relating to wild and exotic animals.


SB 313, as introduced, Hueso. Wild and exotic animals: prohibition on use in traveling animal acts.
Existing law regulates the taking and possession of birds, mammals, fish, reptiles, and amphibians, including the importation, transportation, possession, and live release of wild animals, as defined.
This bill would prohibit a person from using, or allowing to be used, a wild or exotic animal, as defined, in a traveling animal act, as defined. The bill would impose a civil penalty for each violation of its provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


 Chapter 4.5 (commencing with Section 2430) is added to Division 3 of the Fish and Game Code, to read:
CHAPTER  4.5. Circus Cruelty Prevention Act

 This chapter shall be known and may be cited as the Circus Cruelty Prevention Act.

 For purposes of this chapter, the following terms have the following meanings:
(a) “Mobile or traveling housing facility” means a vehicle, including, but not limited to, a trailer or railway car, used to transport or house an animal used in a performance.
(b) (1) “Performance” means any animal act, carnival, circus, display, exhibition, exposition, fair, parade, petting zoo, photo opportunity, presentation, public showing, race, ride, trade show, or similar undertaking in which animals perform tricks, give rides, or are used as accompaniments for the entertainment, amusement, or benefit of a live audience.
(2) “Performance” does not include either of the following:
(A) An exhibition at a nonmobile, permanent institution or facility accredited by the Association of Zoos and Aquariums or the Global Federation of Animal Sanctuaries.
(B) An outreach program devoted to imparting knowledge or information about the exhibited animal’s behavior, habitat, life cycle, migratory patterns, feeding habits, or similar pedagogical information conducted by, or affiliated with, a nonmobile, permanent institution or facility described in subparagraph (A).
(c) “Traveling animal act” means any performance that requires an animal to be transported to or from the location of the performance in a mobile or traveling housing facility.
(d) “Wild or exotic animal” means any live animal from any of the following scientific classifications, as specified parenthetically:
(1) Artiodactyla (such as hippopotamuses, giraffes, camels, and llamas, but excluding domesticated cattle, swine, sheep, and goats).
(2) Canidae (such as wolves, but excluding domesticated dogs).
(3) Crocodilia (such as alligators and crocodiles).
(4) Elasmobranchii (such as sharks).
(5) Elephantidae (elephants).
(6) Felidae (such as lions, tigers, and leopards, but excluding domesticated cats).
(7) Marsupialia (such as kangaroos).
(8) Primates (such as apes, monkeys, and lemurs).
(9) Perissodactyla (such as zebras, tapirs, and rhinoceroses, but excluding domesticated horses, donkeys, and mules).
(10) Pinnipedia (such as seals, sea lions, and walruses).
(11) Ratitae (such as ostriches, rheas, cassowaries, and emus).
(12) Ursidae (bears).
(13) Xenarthra (such as sloths).

 Notwithstanding any other law, no person shall use, or allow to be used, a wild or exotic animal in a traveling animal act.

 A person who violates this chapter, or any rule or regulation adopted pursuant to this chapter, shall be liable for a civil penalty of no more than twenty-five thousand dollars ($25,000) for each violation.