BILL NUMBER: SB 1062	INTRODUCED
	BILL TEXT


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 introduced, 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 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
authorizes specified entities, including the department, 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 permitting 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 revocation of the above-described permit.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated 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) Permit 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 a civil
penalty of not less than five hundred dollars ($500) nor more than
ten thousand dollars ($10,000) for each violation, and is subject to
permit revocation under this chapter. A person who violates this
section is not subject to the criminal penalty provided for in
subdivision (a) of Section 2125.
   (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.