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AB-128 Horses: protection.(2019-2020)

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Date Published: 04/12/2019 04:00 AM
AB128:v97#DOCUMENT

Amended  IN  Assembly  April 11, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 128


Introduced by Assembly Member Gloria
(Principal coauthor: Assembly Member Waldron)
(Coauthors: Assembly Members Bloom, Boerner Horvath, Cervantes, Choi, Kalra, Levine, and Luz Rivas)
(Coauthors: Senators Chang, Hertzberg, and Portantino)

December 04, 2018


An act to amend Section 1834.8 of the Civil Code, to amend Sections 19201, 19240, 19280, 19353, 19400, 24102, 24106, and 55701 of, to amend the heading of Article 3 (commencing with Section 19240) of Chapter 5 of Part 3 of Division 9 of, to add Section 24106.5 to, and to repeal Sections 19348.5, 19360, and 19362 of, the Food and Agricultural Code, and to amend Section 597o of, and to add Section 598e to, to the Penal Code, relating to horses.


LEGISLATIVE COUNSEL'S DIGEST


AB 128, as amended, Gloria. Horses: protection.
(1) Proposition 6, an initiative measure approved by the electors at the November 3, 1998, general election, enacted the Prohibition of Horse Slaughter and Sale of Horsemeat for Human Consumption Act of 1998. The act makes it unlawful for any person to possess, to import into or export from the state, or to sell, buy, give away, hold, or accept any horse with the intent of killing, or having another kill, that horse, if that person knows or should have known that any part of that horse will be used for human consumption. The act defines horse to mean any equine, including any horse, pony, burro, or mule. A violation of the act is a felony.
This bill would make it unlawful for any person to possess, sell, buy, give away, hold, or accept any horse, as defined in the act, if that person knows or should know that the horse will be killed for any commercial purpose, or killed so that any part of the horse will be used for any commercial purpose. The bill would make a violation of this provision a misdemeanor punishable by a specified fine. By creating a new crime, the bill would impose a state-mandated local program.

(2)Existing law requires a person who transports an equine, as defined, in a vehicle to slaughter to meet specified standards, including a requirement to that the person notify a humane officer having jurisdiction 72 hours before loading the equine in order that the humane officer may perform a thorough inspection of the vehicle to determine if all standards have been satisfied. Existing law provides that any person who violates the standards is guilty of a misdemeanor.

This bill would instead make these standards applicable to a person who transports an equine from a public or private auction. By changing the definition of a crime, this bill would impose a state-mandated local program. The bill would also authorize the humane officer to determine if the vehicle is registered in compliance with a specified state vehicle registration law and, as applicable, is registered with the United States Department of Transportation as a motor carrier.

(3)

(2) The Equine Protection Act of 1991 creates a program of equine protection and identification in the Department of Food and Agriculture. The act prohibits any person from purchasing, consigning, selling, or accepting the donation of an animal, defined as a horse, pony, mule, or burro, that is destined for slaughter unless a written bill of sale or any written instrument containing specified information is provided, as prescribed. The act makes it a misdemeanor if any person does not keep the necessary written records with respect to these transactions and other transactions subject to the act, refuses to show the records to a peace officer or to allow copies to be made of the record, or destroys the record within a specified period of time.
This bill would instead require a written bill of sale or written instrument to be provided when any person purchases, consigns, sells, or accepts the donation of an animal, as defined in the act, at a public or private auction, as prescribed. The bill would require a person who purchases an animal in these circumstances to sign a sworn statement acknowledging and agreeing to comply with certain provisions of California law. The bill would require the operator of the auction yard where the animal was sold to maintain copies of the statements for a period of not less than 2 years. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. The bill would require, if a state agency or a political subdivision of the state sells an animal at a public auction, or a person sells an animal at a private auction, the entity or person to sell the animal at a price above the current slaughter price of the animal. A violation of this provision would be subject to a specified civil penalty.

(4)

(3) Existing law requires that, at any public auction or sale where equines are sold, a specified notice be posted conspicuously or inserted into the consignment agreement, as specified, by the management of the auction or sale warning buyers and sellers that horses sold there may be purchased for slaughter and that the seller can set the minimum bid above current slaughter prices. Existing law requires the management of the auction or sale to post current slaughter prices or to make them available to sellers upon request.
This bill would instead require that notice or agreement to warn buyers that the sale of horses in California for slaughter is prohibited by law and that sellers must set the minimum bid above current slaughter prices.

(5)

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

(6)

(5) This bill would make various conforming changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 (a) The Legislature finds and declares both of the following:
(1) The horse is part of California’s heritage, having played a major role in California’s historical growth and development. Horses contribute significantly to the enjoyment of generations of recreation enthusiasts in California.
(2) Wild free-roaming horses and burros are living symbols of the historic and pioneer spirit of the West and are protected as such under federal law mandating they be considered a part of the natural system of public lands where they are found.
(b) In recognition of the aesthetic, ecological, economic, historical, and cultural importance of horses to the people of the state, and the overwhelming opposition of Californians and Americans at large to the practice of horse slaughter, it is the intent of the Legislature to strengthen protections for California’s wild and domestic horses from slaughter.

SEC. 2.

 Section 1834.8 of the Civil Code is amended to read:

1834.8.
 (a) At any public auction or sale where equines are sold, the management of the auction or sale shall post a sign (measuring a minimum of 15 x 9 inches with lettering of a minimum of 11/4 x 1/2 (91 point)) or shall insert into its consignment agreement with the seller in boldface type the notice stated in subdivision (b). If a sign is posted, it shall be posted in a conspicuous place so that it will be clearly visible to a majority of persons attending the sale. If the notice is inserted into the consignment agreement, space shall be provided adjacent to the notice for the seller to initial their acknowledgment of the notice.
(b) The notice required by subdivision (a) shall read as follows:

“WARNING

The sale of horses for slaughter for commercial purposes in California is prohibited by law.


Seller must set minimum bid above current slaughter prices.”

(c) For the purposes of this section, the management of the auction or sale shall post current slaughter prices or make them available to sellers upon request.

SEC. 3.

 Section 19201 of the Food and Agricultural Code is amended to read:

19201.
 “Animals” means burros, cattle, goats, horses, mules, sheep, swine and other large domesticated animals and poultry. “Animals” when used in the context of slaughtering an animal does not include burros, horses, or mules.

SEC. 4.

 The heading of Article 3 (commencing with Section 19240) of Chapter 5 of Part 3 of Division 9 of the Food and Agricultural Code is amended to read:
Article  3. Pet Food Slaughterers

SEC. 5.

 Section 19240 of the Food and Agricultural Code is amended to read:

19240.
 Every person engaged in the business of slaughtering animals for pet food shall first obtain a license pursuant to this chapter.

SEC. 6.

 Section 19280 of the Food and Agricultural Code is amended to read:

19280.
 Every person who engages in the business of importing (distributing or jobbing) fresh or frozen meat, meat byproducts, horsemeat byproducts, poultry meat, or poultry meat byproducts for pet food shall first obtain a license pursuant to this chapter.

SEC. 7.

 Section 19348.5 of the Food and Agricultural Code is repealed.

SEC. 8.

 Section 19353 of the Food and Agricultural Code is amended to read:

19353.
 Cattle, sheep, goats, and swine may be slaughtered on the premises of a pet food slaughterer.

SEC. 9.

 Section 19360 of the Food and Agricultural Code is repealed.

SEC. 10.

 Section 19362 of the Food and Agricultural Code is repealed.

SEC. 11.

 Section 19400 of the Food and Agricultural Code is amended to read:

19400.
 Any person that slaughters any sheep, goats, swine, or any other bovine for use as pet food, or who by purchase or otherwise acquires possession of the meat of any horse, mule, burro, swine or bovine, and that sells or otherwise disposes of that meat for use as pet food, or operates a rendering plant shall make and keep for one year a correct record, separate from all other business records, of each transaction, recorded at the time of the transaction, which shows all of the following:
(a) The quantity of meat, bones, or carcasses acquired or disposed of.
(b) The names and addresses of the parties to the transaction.
(c) The date.
(d) The place to which the meat was shipped or delivered.
(e) The name of the person that made the shipment or delivery.

SEC. 12.

 Section 24102 of the Food and Agricultural Code is amended to read:

24102.
 For purposes of this chapter:
(a) “Animal” means a horse, pony, mule, or burro.
(b) “Program” means the program of equine protection and identification of the department.
(c) “Slaughter” means to kill an animal and prepare it for any commercial purpose, including for animal or human consumption.

SEC. 13.

 Section 24106 of the Food and Agricultural Code is amended to read:

24106.
 (a) No person shall purchase, consign, sell, or accept the donation of an animal at a public or private auction unless the seller or donor of the animal provides, and the purchaser or donee receives, at the time of delivery, a written bill of sale or any written instrument that contains all of the following information:
(1) A description of each animal that is sold that includes its sex, breed, color, approximate height and weight, approximate age, natural marks, or identifying scars, and of each brand or tattoo and its location. If the animal has been branded or tattooed and registered with the Bureau of Livestock Identification in the department, the identification papers shall accompany the animal.
(2) The name, address, signature, and motor vehicle driver’s license number of the person who sold or donated the animal.
(3) The date of the transaction.
(4) The name, address, and motor vehicle driver’s license number of the purchaser of the animal.
(5) The name, address, and motor vehicle driver’s license number of any person who transports the animal to the purchaser or an auction yard.
(b) (1) Any person who purchases an animal at an auction described in subdivision (a) shall sign a sworn statement acknowledging and agreeing to comply with Sections 598c and 598e of the Penal Code.
(2) The operator of an auction yard where the animal was sold shall maintain copies of the sworn statements for a period of not less than two years. The operator of the auction yard shall provide access to these records upon the request of the department, a local animal control agency, or an animal shelter.

SEC. 14.

 Section 24106.5 is added to the Food and Agricultural Code, to read:

24106.5.
 (a) If a state agency or any political subdivision of the state sells an animal at a public auction, or a person sells an animal at a private auction, the entity or person shall sell the animal at a price above the current slaughter price of the animal.
(b) A violation of this section is not subject to the criminal penalties set forth in this code. A violation of subdivision (a) is subject to a fine for each animal sold in violation of subdivision (a) in the amount of the current slaughter price at the time each animal was sold.

SEC. 15.

 Section 55701 of the Food and Agricultural Code is amended to read:

55701.
 As used in this article, the following definitions shall apply:
(a) “Livestock” means any cattle, sheep, swine, or goat, whether living or dead.
(b) “Meatpacker” means an establishment where livestock are either slaughtered, the carcasses thereof are prepared, or meat is processed and where state or federal inspection is maintained.

SEC. 16.Section 597o of the Penal Code is amended to read:
597o.

(a)Any person who transports an equine in a vehicle from a public or private auction shall meet the following requirements:

(1)The vehicle shall have sufficient clearance to allow the equine to be transported in a standing position with its head in a normal upright position above its withers.

(2)Any ramps and floors in the vehicle shall be covered with a nonskid surface to prevent the equine from slipping.

(3)The vehicle shall provide adequate ventilation to the equine while the equine is being transported.

(4)The sides and overhead of the vehicle shall be constructed to withstand the weight of any equine that may put pressure against the sides or overhead.

(5)Any compartments in the interior of the vehicle shall be constructed of smooth materials and shall contain no protrusions or sharp objects.

(6)The size of the vehicle shall be appropriate for the number of equine being transported and the welfare of the equine shall not be jeopardized by overcrowding.

(7)Stallions shall be segregated during transportation.

(8)Diseased, sick, blind, dying, or otherwise disabled equine shall not be transported out of this state.

(9)Any equine being transported shall be able to bear weight on all four feet.

(10)Unweaned foals shall not be transported.

(11)Mares in their last trimester of pregnancy shall not be transported.

(12)The person shall notify a humane officer having jurisdiction 72 hours before loading the equine in order that the humane officer may perform a thorough inspection of the vehicle to determine if all requirements of this section have been satisfied and the vehicle is registered in compliance with Section 4000 of the Vehicle Code and, as applicable, is registered with the United States Department of Transportation as a motor carrier.

(b)(1)Any person who violates this section is guilty of a misdemeanor and is subject to a fine of one hundred dollars ($100) per equine being transported.

(2)Any person who violates this section for a second or subsequent time is guilty of a misdemeanor and shall be fined five hundred dollars ($500) per equine being transported.

(c)Whenever a person is taken into custody by an officer for a violation of this section, the officer shall take charge of the vehicle and its contents and deposit the property in some place of custody.

(d)(1)Any necessary expense incurred for taking care of and keeping the property described in subdivision (c) is a lien thereon, to be paid before the property can be lawfully recovered.

(2)If the expense, or any part thereof, remains unpaid, it may be recovered by the person incurring the expense from the owner of the equine in an action therefor.

(e)For the purposes of this section, “equine” means any horse, pony, burro, or mule.

SEC. 17.SEC. 16.

 Section 598e is added to the Penal Code, to read:

598e.
 (a) It is unlawful for any person to possess, sell, buy, give away, hold, or accept any horse if that person knows or should know that the horse will be killed for any commercial purpose, or killed so that any part of the horse will be used for any commercial purpose.
(b) Except as provided in Section 598c, a violation of this section is a misdemeanor punishable by a fine for each horse possessed, sold, bought, given away, or accepted in violation of subdivision (a) of one thousand dollars ($1,000) or five times the current slaughter price for the horse, whichever is greater.
(c) For purposes of this section, “horse” means any equine, including any horse, pony, burro, or mule.

SEC. 18.SEC. 17.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.