BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 716|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 716
Author: Lara (D), et al.
Amended: 5/5/15
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 4/28/15
AYES: Hancock, Leno, Liu, McGuire, Monning
NOES: Anderson, Stone
SENATE APPRORIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Animal cruelty: elephants
SOURCE: East Bay Zoological Society
Humane Society of the United States
Performing Animal Welfare Society
DIGEST: This bill makes it a misdemeanor, on or after January
1, 2018, for any person who houses, possesses, or is in direct
contact with an elephant to use a bullhook, ankus, baseball bat,
axe handle, pitchfork, or similar device designed to inflict
pain for the purpose of training or controlling the behavior of
an elephant, as specified.
ANALYSIS: Existing law provides that it is a misdemeanor for
any owner or manager of an elephant to engage in abusive
behavior towards the elephant, which behavior shall include the
discipline of the elephant by any of the following methods:
1)Deprivation of food, water, or rest.
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2)Use of electricity.
3)Physical punishment resulting in damage, scarring, or breakage
of skin.
4)Insertion of any instrument into any bodily orifice.
5)Use of martingales.
6)Use of block and tackle. (Penal Code § 596.5.)
This bill:
1)Provides that, effective on or after January 1, 2018, it shall
be a misdemeanor for any person who houses, possesses, or is
in direct contact with an elephant to use a bullhook, ankus,
baseball bat, axe handle, pitchfork, or similar device
designed to inflict pain for the purpose of training or
controlling the behavior of an elephant.
2)Specifies that the use prohibited by this section includes
brandishing, exhibiting, or displaying such devices in the
presence of an elephant.
Background
According to the sponsor and supporters of the bill, a "bullhook
is a steel-pointed rod resembling a fireplace poker that is used
to prod, hook, and strike elephants in order to dominate and
control of them during training, performing, and handling. . .
." According to the Humane Society of the United States,
"California zoos accredited by the Association of Zoos and
Aquariums (AZA) no longer use bullhooks, nor does the Performing
Animal Welfare Society's sanctuary which is home to numerous
rescued elephants. . . . "
Prior Legislation
AB 777 (Levine, 2007) - died in the Assembly Public Safety
Committee
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AB 3027 (Levine, 2006) - held in Assembly Appropriations
Committee
SB 892 (McCorquodale) - Chapter 1423, Statutes of 1989
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified 6/9/15)
East Bay Zoological Society (co-source)
Humane Society of the United States (co-source)
Performing Animal Welfare Society (co-source)
Active Environments, Inc.
Amboseli Trust for Elephants
American Society for the Prevention of Cruelty to Animals
Animal Legal Defense Fund (San Francisco Bay Area)
Best Friends Animal Society
City of Oakland
Councilmember Paul Koretz, City of Los Angeles
Earth Island Institute
Elephant Voices
Elephant Sanctuary in Tennessee
Free Willy Keiko Foundation
The Fund for Animals Wildlife Center
The Global March for Elephants and Rhinos
Global Sanctuary for Elephants
Humane Society Veterinary Medical Association
In Defense of Animals
Last Chance for Animals
The League of Human Voters
Lions Tigers & Bears
LIUNA Locals 777 & 792
March for Elephants and Rhinos San Francisco
The Marin Humane Society
San Diego Human Society
San Francisco SPCA
Santa Clara County Activists for Animals
Sierra Wildlife Coalition
Society for the Prevention of Cruelty to Animals Los Angeles
State Humane Association of California
Uganda Carnivore Program
Several individuals
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OPPOSITION: (Verified5/19/15)
Animal Actors of Hollywood, Inc.
The Elephant Managers Association
Feld Entertainment, Inc.
Nevada County Fairgrounds
Western Fairs Association
Several individuals
ARGUMENTS IN SUPPORT: Supporters argue in part, "Animal
exhibitors who work in direct contact with elephants - in
circuses, elephant rides and other types of entertainment - rely
on negative reinforcement training and the bullhook to cue
elephant behavior. The elephant moves away from the bullhook to
avoid pain. Handlers often use verbal commands that are sharp
and harsh. The Protected Contact system used at PAWS, and in
all California zoos accredited by the Association of Zoos and
Aquariums, relies on positive reinforcement training and use of
a protective barrier between keeper and elephant. To cue
behaviors, keepers utilize a target, which is a long-?handled
pole with a soft tip. In contrast to the bullhook, the elephant
moves toward the target, and the behavior is reinforced with a
food reward and gentle words of praise. Using this method, we
are able to provide necessary husbandry and veterinary care,
including specialized and more intensive care for our older
elephants."
ARGUMENTS IN OPPOSITION: Opponents argue in part, "When used
CORRECTLY, an ankus is what a good trainer uses to let an
elephant know which way to turn or when to pick up a foot etc.
It is a tool which has been used for centuries and the reason it
is used is because it does not harm the elephant but it can get
their attention when their focus might wander or especially at
times when they could injure a person simply due to their size
(much like grabbing a child by the hand if they are heading
towards something that might injure them). An elephant
professional who has years of experience with elephants and
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elephant care should be well versed as to how and when to use an
ankus correctly. To ban the use of the ankus is never going to
do anything positive for the care and wellbeing of elephants; it
will however do the exact opposite."
Prepared by:Alison Anderson / PUB. S. /
6/9/15 9:24:41
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