BILL ANALYSIS Ó
SB 716
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Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 716
(Lara) - As Amended July 16, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill makes it a misdemeanor for any person who houses,
possesses, or is in direct contact with an elephant to use
SB 716
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specified devices designed to inflict pain for the purpose of
training or controlling the behavior of an elephant.
FISCAL EFFECT:
Unknown, probably minor nonreimbursable local law enforcement
and incarceration costs, offset to a degree by increased fine
revenue.
COMMENTS:
1)Purpose. 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. Simply put, it is time for the State
to prohibit this inhumane practice."
2)Background. 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.
California law makes abuse of an animal a crime, and specific
protections exist for elephants; statute goes on to list
specific conduct which is included under "abusive behavior,"
but does not limit the definition of abusive behavior towards
an elephant in any way.
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A guide, bullhook, and ankus are 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. The use of this tool by
an owner or manager to engage in abusive behavior toward the
elephant is already a crime under existing law.
3)Argument in Support. According to The Humane Society,
"Elephants are often hooked and hit with bullhooks before
performances in order to instill fear and, in turn, ensure
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."
"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."
4)Argument in Opposition. According to The Elephant Managers
Association, ""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
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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 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 in a
variety of settings. They also add an increased degree of
safety for the trainer, the animal, and the public."
5)Prior Legislation:
a) AB 777 (Levine), of the 2007-2008 Legislative Session,
held in Assembly Public Safety, would have prohibited
specified conduct in relation to housing, possessing,
contacting, or traveling with an elephant.
b) AB 3027 (Levine), of the 2005-2006 Legislative Session,
held in this committee, would have prevented the use an
Ankus, bullhook, or similar device on an elephant and 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.
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Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081