BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 716| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- VETO Bill No: SB 716 Author: Lara (D), et al. Amended: 7/16/15 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 5-2, 4/28/15 AYES: Hancock, Leno, Liu, McGuire, Monning NOES: Anderson, Stone SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SENATE FLOOR: 29-7, 5/22/15 AYES: Allen, Bates, Beall, Berryhill, Block, Cannella, De León, Galgiani, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Nguyen, Pan, Pavley, Roth, Wieckowski, Wolk NOES: Anderson, Huff, Moorlach, Nielsen, Runner, Stone, Vidak NO VOTE RECORDED: Fuller, Gaines, Morrell SENATE FLOOR: 28-8, 8/31/15 AYES: Allen, Bates, Beall, Block, Cannella, De León, Galgiani, Glazer, Hall, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Nguyen, Pan, Pavley, Roth, Wieckowski, Wolk NOES: Anderson, Huff, Moorlach, Morrell, Nielsen, Runner, Stone, Vidak NO VOTE RECORDED: Berryhill, Fuller, Gaines, Hancock ASSEMBLY FLOOR: 69-8, 8/27/15 - See last page for vote SUBJECT: Animal cruelty: elephants SOURCE: East Bay Zoological Society Humane Society of the United States SB 716 Page 2 Performing Animal Welfare Society DIGEST: This bill prohibits the use of a bullhook or related device to discipline, manage or train 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. 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 provides that on or after January 1, 2018: 1)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 SB 716 Page 3 similar device designed to inflict pain for the purpose of training or controlling the behavior of an elephant. 2)Prohibits behavior including brandishing, exhibiting, or displaying any of the devices listed above in the presence of an elephant by any person who houses, possesses, or is in direct contact with 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 AB 3027 (Levine) - 2006, held in Assembly Appropriations SB 892 (McCorquodale) - Chapter 1423, Statutes of 1989 FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Assembly Appropriations Committee, unknown, probably minor non-reimbursable local law enforcement and incarceration costs, offset to a degree by increased fine revenue. SB 716 Page 4 SUPPORT: (Verified 10/27/15) 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 Los Angeles 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 OPPOSITION:(Verified 10/27/15) American Humane Association Animal Actors of Hollywood Asian Elephant Support SB 716 Page 5 California Fairs Alliance Circus Fans Association of America Columbus Zoo and Aquarium Face in the Crowd Casting Feld Entertainment, Inc. Gentle Jungle, Inc. Have Trunk Will Travel International Elephant Foundation Los Angeles Foundation for the Circus Arts Monterey County Farm Bureau Monterey Zoo National Animal Interest Alliance No Animals Were Harmed Program Outdoor Amusement Business Association, Inc. Pacific Animal Productions Salinas Valley Chamber of Commerce Silver Screen Animal, Inc. Southwick's Zoo United States Zoological Association Western Fairs Association Wild Wonders, Inc. Worldwide Movie Animals Zoological Association of America Several Individuals ARGUMENTS IN SUPPORT: 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. [United States] have been attributed to elephants, primarily in circus-related incidents. Simply put, it is time for the State to prohibit this inhumane practice." SB 716 Page 6 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 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." GOVERNOR'S VETO MESSAGE: I am returning the following nine bills without my signature: Assembly Bill 144 Assembly Bill 849 Senate Bill 168 Senate Bill 170 Senate Bill 271 Senate Bill 333 Senate Bill 347 Senate Bill 716 Senate Bill 722 Each of these bills creates a new crime - usually by finding a novel way to characterize and criminalize conduct that is already proscribed. This multiplication and particularization of criminal behavior creates increasing complexity without commensurate benefit. Over the last several decades, California's criminal code SB 716 Page 7 has grown to more than 5,000 separate provisions, covering almost every conceivable form of human misbehavior. During the same period, our jail and prison populations have exploded. Before we keep going down this road, I think we should pause and reflect on how our system of criminal justice could be made more human, more just and more cost-effective. ASSEMBLY FLOOR: 69-8, 8/27/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Mullin, Nazarian, O'Donnell, Olsen, Patterson, Perea, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NOES: Beth Gaines, Grove, Harper, Lackey, Mathis, Medina, Melendez, Obernolte NO VOTE RECORDED: Dahle, Frazier, Quirk Prepared by:Alison Anderson / PUB. S. / 11/4/15 14:04:39 **** END ****