BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 716|
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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
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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
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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
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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
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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
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