BILL ANALYSIS Ó
SB 716
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Date of Hearing: June 30, 2015
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
SB
716 (Lara) - As Amended May 5, 2015
SUMMARY: States that it is misdemeanor for any person who
houses, possesses, or is in direct contact with an elephant to
use specified devices designed to inflict pain for the purpose
of training or controlling the behavior of an elephant.
Specifically, this bill:
1)Specifies that 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,
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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)Prohibited behavior includes brandishing, exhibiting, or
displaying any of the devices, listed above, in the presence
of an elephant.
EXISTING LAW:
1)Specifies that it is a misdemeanor for any owner or manager of
an elephant to engage in abusive behavior toward the elephant,
including the discipline of the elephant by any of the
following methods:
a) Deprivation of food, water, or rest. (Pen. Code, §
596.5, subd. (a).)
b) Use of electricity. (Pen. Code, § 596.5, subd. (b).)
c) Physical punishment resulting in damage, scarring, or
breakage of skin. (Pen. Code, § 596.5, subd. (c).)
d) Insertion of any instrument into any bodily orifice.
(Pen. Code, § 596.5, subd. (d).)
e) Use of martingales. (Pen. Code, § 596.5, subd. (e).)
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f) Use of block and tackle. (Pen. Code, § 596.5, subd.
(f).)
2)Specifies the actions of a person who maliciously and
intentionally maims, mutilates, tortures, or wounds a living
animal, or maliciously and intentionally kills an animal as a
criminal offense. (Pen. Code, § 597.)
3)Specifies when a person overdrives, overloads, drives when
overloaded, overworks, tortures, torments, deprives of
necessary sustenance, drink, or shelter, cruelly beats,
mutilates, or cruelly kills any animal, or causes or procures
any animal to be so overdriven, overloaded, driven when
overloaded, overworked, tortured, tormented, deprived of
necessary sustenance, drink, shelter, or to be cruelly beaten,
mutilated, or cruelly killed; and whoever, having the charge
or custody of any animal, either as owner or otherwise,
subjects any animal to needless suffering, or inflicts
unnecessary cruelty upon the animal, or in any manner abuses
any animal, or fails to provide the animal with proper food,
drink, or shelter or protection from the weather, or who
drives, rides, or otherwise uses the animal when unfit for
labor as a criminal offense. (Pen. Code, § 597, subd. (b).)
4)Requires punishment as a felony by imprisonment pursuant to
subdivision (h) of Section 1170, or by a fine of not more than
twenty thousand dollars ($20,000), or by both that fine and
imprisonment, or alternatively, as a misdemeanor by
imprisonment in a county jail for not more than one year, or
by a fine of not more than twenty thousand dollars ($20,000),
or by both that fine and imprisonment for violations of Penal
Code section 597(animal cruelty). (Pen. Code, § 597, subd.
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(d).)
5)Requires that if a defendant is granted probation for a
conviction animal cruelty, the court shall order the defendant
to pay for, and successfully complete, counseling, as
determined by the court, designed to evaluate and treat
behavior or conduct disorders. If the court finds that the
defendant is financially unable to pay for that counseling,
the court may develop a sliding fee schedule based upon the
defendant's ability to pay. The counseling shall be in
addition to any other terms and conditions of probation,
including any term of imprisonment and any fine. If the court
does not order custody as a condition of probation for a
conviction under this section, the court shall specify on the
court record the reason or reasons for not ordering custody.
This does not apply to cases involving police dogs or horses
as described in Section 600. (Pen. Code, § 597, subd. (h).)
FISCAL EFFECT: Unknown.
COMMENTS:
1)Author's Statement: According to the author, "SB 716 simply
codifies industry standards for elephant management by
prohibiting the use of bullhooks, bats, and pitchforks to
discipline an elephant. A bullhook is typically embedded into
most sensitive areas of an elephant, which involves areas
around the ears, mouth, and back of the legs. The use of this
instrument also puts handlers at severe risk, should an
elephant decide to rebel against the trainer. Since 1990,
there have been at least 16 human deaths, and 135 injuries in
the U.S. have been attributed to elephants, primarily in
circus-related incidents. Simply put, it is time for the State
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to prohibit this inhumane practice."
2)Federal Protection Afforded to Elephants under the Animal
Welfare Act: Under the Animal Welfare Act (AWA), zoos,
circuses, transporters, roadside menageries and exhibitors of
elephants must be licensed and participate in record-keeping
and marking requirements. Additional protections exist
governing their care, handling, and transport. The AWA gives
power to the Secretary of Agriculture and the United States
Department of Agriculture, whose power is further delegated to
the Animal Plant and Health Inspection Service (APHIS) to
administer and enforce the AWA's requirements. APHIS enforces
the Act through conducting inspections and instituting rules
and regulations for facilities. APHIS is required to conduct
yearly inspections and investigate facilities whenever a
complaint is filed.
The AWA does not prohibit any particular instruments in the
handling of elephants or other warm blooded animals.
3)Guide, Bullhook, and Ankus are Terms which Refer to the Same
Tool: The guide is a shaft with a tapered metal hook
attached, and it sometimes has a blunt metal point at the end.
It is also sometime referred to as the ankus, (bull)hook, or
goad. The guide extends a handler's reach so s/he may touch,
push, or pull various parts of the elephant's body. A guide is
used in all free contact programs in the United States, and
may also be used in conjunction with protected contact.
Literature Review on the Welfare Implications of Elephant
Training, (April 2008)
www.avma.org/KB/Resources/LiteratureReviews/Documents/elephant_
training_bgnd.pdf
4)American Veterinary Medicine Association (AVMA) Policy Does
Not Prohibit the Use of Guides/Bullhooks: AVMA policy
prohibits the use of guides in a manner which inflicts harm on
an elephant, but allows use of the guide as a husbandry tool
for elephant management.
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"The AVMA condemns the use of guides to puncture, lacerate,
strike or inflict harm upon an elephant. Elephant guides are
husbandry tools that consist of a shaft capped by one straight
and one curved end. The ends are blunt and tapered, and are
used to touch parts of the elephant's body as a cue to elicit
specific actions or behaviors, with the handler exerting very
little pressure. The ends should contact, but should not tear
or penetrate the skin." (Elephant Guides and Tethers, AVMA.)
www.avma.org/KB/Policies/Pages/Elephant-Guides-and-Tethers.aspx
"The AVMA recommend tethers only be used for the shortest time
required for specific management purposes. Tethers provide a
means to temporarily limit an elephant's movement for elephant
or human safety and well-being. Tethers can be constructed of
rope, chain, or nylon webbing, and their use and fit should
not result in discomfort or skin injury. Forelimb tethers
should be loose on the foot below the carpal joint, and hind
limb tethers should fit snugly on the limb between the tarsus
and knee joints. Tether length should be sufficient to allow
the elephant to easily lie down and rise unless required for
medical procedures for a limited period.. The AVMA also
recognizes that shorter or otherwise modified tethers may need
to be applied for limited period of time to perform medical
procedures safely.
"Guides and tethers are used for training elephants in some
elephant management systems, and appropriate training is
important for facilitating veterinary care. However, guides
and tethers should only be used in a manner consistent with
the promotion of optimum welfare of the elephant. Personnel
using these devices should be trained adequately, as well as
introduced to alternative management systems." (Elephant
Guides and Tethers, AVMA.)
www.avma.org/KB/Policies/Pages/Elephant-Guides-and-Tethers.aspx
5)Under Existing Law, it is a Crime to Engage in Abusive
Behavior Towards an Elephant: "It shall be a misdemeanor for
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any owner or manager of an elephant to engage in abusive
behavior toward the elephant, . . ." (Pen. Code, § 596.5,
subd. (a).) The statute goes on to list specific conduct
which is included under "abusive behavior," but does not limit
the definition of abusive behavior towards and elephant in any
way. A "bull hook" or "guide" used by an owner or manager to
engage in abusive behavior toward the elephant is already a
crime under existing law.
6)Criminalizing the Use of the "Bullhook" or "Guide" Will
Eliminate Elephants in Live Performances: There are two
models for elephant trainers and caretakers to interact with
elephants: "protective contact" and "free contact." In the
protective contact model, the trainer or caretaker only
interacts with elephants through a barrier or fence. In free
contact the trainer/caretaker shares a physical space with the
elephant. The bullhook/guide is necessary for free contact
training or management. Without use of the "bull hook" or
"guide," free contact is not a viable model for interacting
with elephants. In order to have a live performance involving
an elephant, free contact is necessary. Live performance with
elephants typically occurs in a circus, but can also include
use of elephants in films, or events like county fairs. If
the use of the bullhook is prohibited, participation of
elephants in those events will not be possible.
7)Argument in Support: According to The Humane Society, "The
bullhook is the most commonly used device to train, punish,
and control elephants. A bullhook is approximately 2 to 3
feet long and resembles a fireplace poker. It has a sharp
metal hook and spike at one end and the handle is typically
plastic or wood. Bullhooks are used to poke, prod, strike,
and hit elephants on their sensitive skin in order to "train"
them. Often the elephants are hit behind the ears and eyes
which are paper thin and around their feet, mouth and trunk
which are rich in nerve endings.
"Elephants are often hooked and hit with bullhooks before
performances in order to instill fear and, in turn, ensure
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that tricks or other desired behavior will be performed on
command, during training to teach and reinforce tricks, to
punish the animals when they fail to perform as instructed,
and to control elephants during routine handling. The handle
is used as a club, inflicting substantial pain by striking
areas where little tissue separates skin and bone. In
response to criticisms that bullhook use constitutes abuse,
the industry has publicly started calling it a "guide." Just
brandishing the bullhook provides a constant reminder to
elephants of the painful punishment that can be meted out
against them at the whim of their handlers.
"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 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.
"In addition to the inhumane treatment of elephants, traveling
shows and other performances that use elephants in the state
also pose a threat to public safety by bringing people into
dangerously close proximity to an incredibly powerful and
stressed wild animal. The use of bullhooks promotes
aggression and the device will not prevent an elephant from
rampaging or protect the public when such an incident occurs.
There have been numerous incidents where elephants have run
amok, sometimes causing death, injury, or property damage."
8)Argument in Opposition: According to The Elephant Managers
Association, "With respect to the proposed bill SB 716, we
would like the Committee members to be aware of some facts
regarding captive elephant management:
"There are current, and widely accepted, professional
industry standards such as the EMA Guidelines for Elephant
Care and Management and the EMA supported Elephant
Husbandry Manual, as well as the Association of Zoos and
Aquariums' (AZA) Elephant Standards and Guidelines.
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Additionally the American Veterinary Medical Association
(AVMA) has gone on record supporting the use of
professional tools, including the guide, to manage
elephants;
"There are existing federal regulations that strictly
govern elephant care under the Animal Welfare Act and that
are overseen and revised frequently by the U.S. Department
of Agriculture, animal and Plant Health Inspection Service
(USDA/APHIS). USDA/APHIS utilizes trained veterinary
professionals who are instructed specifically in
animal/elephant care and welfare to conduct regular
inspections of all license exhibitors of elephants (and
other animals);
"All animal species are able to be trained using "operant
conditioning." This is a type of learning in which the
probability of a behavior recurring is increased or
decreased by the consequences that follow. This teaching
process includes both positive and negative reinforcement.
Operant conditioning is used in all forms of elephant care,
and the process of training animals responsibly utilizes a
variety of science-based techniques which are critical to
providing proper welfare and husbandry. Utilizing and
elephant guide and employing positive reinforcement are
often part of the same overall operant conditioning system.
"All animal species are vastly different in their husbandry
needs and each species requires specialized equipment to
ensure proper care. Tools such as elephant guide (or
bullhooks) are safe and productive components of elephant
care and training. As will all specialized equipment,
their effective sue requires skill and training while their
complete elimination inhibits effective and proper
management techniques that are specific to elephants due to
their size and unique evolutionary adaptations. Elephant
tools are not intended to injure or harm the animal and are
proven and humane husbandry tools that are widely utilized
by knowledgeable and experience elephant care professionals
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in a variety of settings. They also add an increased
degree of safety for the trainer, the animal, and the
public."
9)Prior Legislation:
a) AB 777 (Levine), of the 2007-2008 Legislative Session,
would have prohibited specified conduct in relation to
housing, possessing, contacting, or traveling with an
elephant. AB 777 was held in the Assembly Public Safety
Committee
b) AB 3027 (Levine), of the 2005-2006 Legislative Session,
would have prevented the use an Ankus, bullhook, or similar
device on an elephant. Would have prevented the use of any
chain that is used to restrain an elephant, except if
utilized for the shortest amount of time necessary to
provide actual medical treatment. AB 3027 was held in the
Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Active Environments, Inc.
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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
Detroit Zoo
Earth Island Institute
Elephant Voices
Elephant Sanctuary in Tennessee
The Fund for Animals Wildlife Center
The Global March for Elephants and Rhinos
Global Sanctuary for Elephants
The Humane Society of the United States
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Humane Society Veterinary Medical Association
In Defense of Animals
Last Chance for Animals
The League of Humane Voters
Councilmember Paul Koretz, City of Los Angeles
Lions, Tigers & Bears
LIUNA Locals 777 & 792
March for Elephants and Rhinos San Francisco
The Marin Humane Society
Oakland Zoo
Performing Animal Welfare Society
Sacramento SPCA
San Diego Humane Society
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San Francisco SPCA
Santa Clara County Activists for Animals
Sierra Club California
Sierra Wildlife Coalition
SPCA-Los Angeles
State Humane Association of California
Katy Tang, Supervisor, District 4, City and County of San
Francisco
Uganda Carnivore Program
6 Private individuals
Opposition
Asian Elephant Support
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Circus Fans Association of America
Have Trunk Will Travel, Inc.
The Elephant Managers Association
International Elephant Foundation
Feld Entertainment, Inc.
Jack Hanna, Director Emeritus, Columbus Zoo
Monterey Zoological
Southwick's Zoo
Western Fairs Association (Need letter)
Zoological Association of America
25 Private individuals
Analysis Prepared by:David Billingsley / PUB. S. / (916)
319-3744