June 25, 2003
Dear Attorney General Lockyer:
Pursuant to Elections Code Section 9005, we have reviewed the proposed initiative entitled “Cruel and Inhumane Confinement of Pigs Act” (File No. SA2003RF0020).
Under current law, keeping an animal confined in an enclosed area without an adequate exercise area is a misdemeanor. Many pigs are housed in crates or cages of a size that restricts the pig’s ability to move. Primarily sows raised for breeding are housed in this manner. Current law has generally not been applied to these pigs.
This statutory measure amends the Penal Code to prohibit the housing of a pig in an enclosure too small for the pig to turn around. The measure authorizes a separate misdemeanor charge for the unlawful confinement of each pig. The measure allows for specified exceptions to its provisions. Specifically, the measure does not apply when the animal is transported or during medical examinations. The measure also allows pigs to be housed in this manner during the seven-day period prior to the expected date of giving birth and until the weaning of its offspring. The measure would become effective two years after its passage.
This measure would result in unknown, but probably minor, local and state criminal justice costs for enforcement and prosecution of individuals charged with the new pig confinement offense. These costs would likely be offset in part by revenue from the collection of misdemeanor fines.
This measure would result in the following fiscal impact:
Probably minor local and state criminal justice enforcement and prosecution costs, offset in part by increased fine revenue.