BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 716 Hearing Date: April 28, 2015
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|Author: |Lara |
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|Version: |April 6, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|AA |
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Subject: Animal Cruelty: Elephants
HISTORY
Source: East Bay Zoological Society (Oakland Zoo); The Humane
Society of the United States; Performing Animal Welfare Society
(PAWS)
Prior Legislation:AB 777 (Levine) - 2007, died in the Assembly
AB 3027 (Levine) - 2006, held in Assembly
Appropriations
SB 892 (McCorquodale) - Chapter 1423, Stats. 1989
Support: 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;
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; Humane
Society Veterinary Medical Association; In Defense of
Animals; The League of Human Voters; March for Elephants
and Rhinos San Francisco; The Marin Humane
Society; San Diego Human Society; San Francisco SPCA;
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Santa Clara County Activists for Animals; Sierra Wildlife
Coalition; Uganda Carnivore Program;
Councilmember Paul Koretz, City of Los Angeles;
Several individuals
Opposition:Western Fairs Association; The Elephant Managers
Association; several individuals
PURPOSE
The purpose of this bill is to prohibit the use of a bullhook or
related device to discipline, manage or train an elephant, as
specified.
Current 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:
a) Deprivation of food, water, or rest.
b) Use of electricity.
c) Physical punishment resulting in damage, scarring, or
breakage of skin.
d) Insertion of any instrument into any bodily orifice.
e) Use of martingales.
f) Use of block and tackle. (Penal Code § 596.5.)
This bill would repeal this section on January 1, 2018, and on
and after January 1, 2018, replaces it with a provision that
that is identical except as follows:
This bill would prohibit the use of the proscribed
methods for purposes of "management" or "training" of an
elephant; and
This bill would include within its prohibitions the
"(u)se of a bullhook, ankus, guide, or pitchfork, including
the use of those devices without making contact."
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RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past eight years, this Committee has scrutinized
legislation referred to its jurisdiction for any potential
impact on prison overcrowding. Mindful of the United States
Supreme Court ruling and federal court orders relating to the
state's ability to provide a constitutional level of health care
to its inmate population and the related issue of prison
overcrowding, this Committee has applied its "ROCA" policy as a
content-neutral, provisional measure necessary to ensure that
the Legislature does not erode progress in reducing prison
overcrowding.
On February 10, 2014, the federal court ordered California to
reduce its in-state adult institution population to 137.5% of
design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In February of this year the administration reported that as "of
February 11, 2015, 112,993 inmates were housed in the State's 34
adult institutions, which amounts to 136.6% of design bed
capacity, and 8,828 inmates were housed in out-of-state
facilities. This current population is now below the
court-ordered reduction to 137.5% of design bed capacity."(
Defendants' February 2015 Status Report In Response To February
10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman
v. Brown, Plata v. Brown (fn. omitted).
While significant gains have been made in reducing the prison
population, the state now must stabilize these advances and
demonstrate to the federal court that California has in place
the "durable solution" to prison overcrowding "consistently
demanded" by the court. (Opinion Re: Order Granting in Part and
Denying in Part Defendants' Request For Extension of December
31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,
Coleman v. Brown, Plata v. Brown (2-10-14). The Committee's
consideration of bills that may impact the prison population
therefore will be informed by the following questions:
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Whether a proposal erodes a measure which has
contributed to reducing the prison population;
Whether a proposal addresses a major area of public
safety or criminal activity for which there is no other
reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly
dangerous to the physical safety of others for which
there is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or
legislative drafting error; and
Whether a proposal proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy.
COMMENTS
1.Stated Need for This Bill
The author states:
The bill amends Penal Code Section 596.5, which
already prohibits a number of cruel and inhumane
elephant training methods such as the use of
electricity; deprivation of food and water; physical
punishment resulting in damage, scarring, or breakage
of skin; use of martingales; and the use of block and
tackles. However, existing law does not address the
most common cruel and inhumane training devices used
on elephants the bullhook.
Bullhooks are commonly used by elephant handlers to
train, punish, and control elephants. A bullhook
resembles a fireplace poker. It has a sharp metal
hook and spiked tip, and the handle is typically
plastic or wood. It is used to prod, hook, strike,
and hit elephants on their sensitive areas of skin in
order to inflict pain during training, performing, and
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handling.
Both ends of the bullhook are used to inflict damage.
The hook is used to apply varying degrees of pressure
to sensitive spots on an elephant's body, causing the
elephant to move away from the source of pain, often
causing puncture wounds and lacerations. When the
hooked end is held, the handle is used as a club,
inflicting substantial pain when the elephant is
struck in areas where little tissue separates skin and
bone. Even when not in use, the bullhook is a
constant reminder of the painful punishment that can
be delivered at any time.
There is an alternative method that can be used. In
fact, all of the accredited zoos in California and the
Performing Animal Welfare Society Sanctuary are
utilizing this training method which relies solely on
positive reinforcement to guide elephant behavior.
2.What This Bill Would Do
As explained above, this bill would prohibit the use of a
bullhook or related device to discipline, manage or train an
elephant, as specified, effective January 1, 2018.
3.Background; Supporters
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. The
sharp tip and hook are applied with varying degrees of pressure
to sensitive spots on an elephant's body, causing the elephant
to recoil from the source of pain. The handle is used as a
club, inflicting substantial pain by striking areas where little
tissue separates skin and bone. . . .
Elephant calves are forcibly separated from their
mothers (females elephants naturally remain with their
mothers for life) and taught to associate the bullhook
with pain and fear. While the elephant is typically
restrained, handlers repeatedly administer sharp jabs
and hooks with the bullhook, and strike sensitive
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parts of their bodies with the handle or metal hook.
Thereafter, the elephant responds to the bullhook out
of fear of pain (moving away from the device) and will
be expected to perform a behavior on cue or suffer the
painful consequences. . . .
Elephants are highly intelligent, powerful, and
dangerous wild animals; there is no such thing as a
"domesticated" elephant. Elephants in direct contact
with humans present a serious risk and must be kept
under strict control at all times. An elephant is not
allowed to step out of line - not even for a moment -
or she will be physically punished with the bullhook.
Elephants would not voluntarily perform the grueling
routines required in a typical circus act-these
physically difficult tricks are only performed to
avoid punishment. . . .
Protected Contact management uses positive
reinforcement training paired with food treats and
praise and a protective barrier between elephant and
trainer; the bullhook is not used. With Protected
Contact the elephant also has a choice to participate
in training sessions. If they choose not to, then
they may simply walk away from the trainer with no
repercussions for doing so. Progressive facilities,
including every California zoo accredited by the
Association of Zoos and Aquariums (AZA), and
sanctuaries including the Performing Animal Welfare
Society in San Andreas, California, utilize this
method and are able to effectively provide husbandry
and veterinary care to elephants in a way that is
safer for keepers and veterinarians, as well as
psychologically and physically humane for elephants. .
. .
The East Bay Zoological Society, which owns the Oakland
Zoo, supports this bill, explaining in part that it has
used the management style called "Protected Contact"
described above. 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. The
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AZA now also urges all its member zoos to switch to a safer
and more humane elephant training system that does not
utilize the bullhook." (emphasis in original). The
president and co-founder of PAWS, which is a sponsor of
this bill, states in part:
Based on firsthand observations, I have concluded that
there is no way to humanely use a bullhook - a weapon
resembling a fireplace poker, with a sharp metal point
and hook at the end - to train and manage elephants.
By its very design, the bullhook is meant to inflict
pain and instill fear. I have spent time around many
circuses and personally seen handlers forcefully hook,
jab and strike elephants with bullhooks on sensitive
parts of their bodies before and during performances,
and as a matter of routine handling. It was very
obvious by the elephants' responses that they both
anticipated and experienced pain.
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. The elephants
cooperate with foot care, blood collection, trunk
washes, physical examination, and a variety of
husbandry behaviors without risk to our staff. The
elephants willingly engage with keepers, and they
display behaviors that indicate the training is a
positive experience for them.
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4.Opposition
The Western Fairs Association, which opposes this bill,
states in part:
Our organization has been monitoring proposed
legislation regarding guides for several years. Groups
including the Elephant Manager's Association, the
Zoological Association of America, the Association of
Zoos and Aquariums, the International Elephant
Foundation Elephant Husbandry Resource Guide, and the
American Veterinary Medical Association all recognize
the guide as a husbandry tool to aid in caring of
elephants and have policies in place for its use.
We see the efforts to ban the guide -- effectively
shutting down elephant exhibits and rides at fairs --
as the beginning of a slippery slope that has serious
implications for all fairs. . . .
Another opponent states 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 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.
I am a veterinarian in California who has taken care
of elephants for over 20 years. I have seen
first-hand how the health of an animal is greatly
influenced by the amount of close up care and
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attention it can receive. . . . Elephants in human
care are no longer roaming the plains of Africa or the
jungles of Asia and over the centuries training
methods have evolved to allow giant, intelligent,
thoughtful elephants to safely interact with humans
and other animals. The elephants which have been
lucky enough to have been raised and cared for by
professionals who take the time to teach them and work
with them for years so they can go different places
and be around different people and animals are by far
the luckiest and healthiest. . . . An elephant (or
any undomesticated animal) under human care is not the
same as an elephant still living wild and it shouldn't
have to be. We need to do everything in our power to
enable the humans who spend the time and effort to
teach and care for these amazing creatures rather than
demonize them and ban one of their necessary tools.
Any tool in the wrong hands can do harm but the answer
is not to ban the tool!!
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