BILL ANALYSIS                                                                                                                                                                                                    Ó

          |SENATE RULES COMMITTEE            |                        SB 716|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |


          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 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.


          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.


          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  


                                                                     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  


                                                                     SB 716  
                                                                    Page  6


          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."


               I am returning the following nine bills without my  

               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  

               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  

          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  ****