BILL ANALYSIS                                                                                                                                                                                                    




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          |SENATE RULES COMMITTEE            |                       SB 1062|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  SB 1062
          Author:   Lara (D) 
          Introduced:2/16/16  
          Vote:     21 

           SENATE NATURAL RES. & WATER COMMITTEE:  7-2, 3/29/16
           AYES:  Pavley, Allen, Hertzberg, Hueso, Jackson, Monning, Wolk
           NOES:  Stone, Vidak

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SUBJECT:   Elephants:  prohibited treatment


          SOURCE:    Author

          DIGEST:   This bill prohibits any person who houses, possesses,  
          or is in direct contact with an elephant from using, or  
          permitting an employee or contractor from using a bullhook,  
          ankus, baseball bat, axe handle, pitchfork or other device  
          designed to inflict pain for the purpose of training or  
          controlling the behavior of an elephant. (Bullhook and ankus  
          refer to the same tool.)  This bill does not impose criminal  
          penalties but violators will be subject to civil penalties and  
          possible revocation of an importation or possession permit from  
          the Department of Fish and Wildlife (DFW).  The civil penalties  
          provision imposes a minimum penalty of $500 and a maximum  
          penalty of $10,000.

          ANALYSIS:  
          
          Existing law: 

          1)Establishes a misdemeanor for cruelty to elephants (Section  
            596.5 of the Penal Code). The prohibition extends to all of  








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            the following methods: 

             a)   Deprivation of food, water, or rest. 
             b)   Use of electricity. 
             c)   Physical punishment resulting in damage, scarring, or  
               breakage of skin. 
             d)   Insertion of any instrument into any bodily orifice. 
             e)   Use of martingales. 
             f)   Use of block and tackle. 

          2)Allows those with specific permits from the DFW to import,  
            transport or possess wild animals including elephants (Section  
            2118 of the Fish and Game Code). Violations of the section or  
            any permit conditions are subject to both civil and criminal  
            penalties.

          This bill imposes civil penalties and possible revocation of  
          permits from the DFW for the use of a bullhook to train or  
          control the behavior of an elephant. The civil penalties  
          provision imposes a minimum penalty of $500 and a maximum  
          penalty of $10,000. 

          Comments
          
          In vetoing several bills last year that imposed criminal  
          penalties, including SB 716 (Lara) that created a criminal  
          offense for use of a bullhook to train elephants, the Governor  
          objected to the creation of a new criminal statute. SB 1062 does  
          not create a new criminal statute. 


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified4/11/16)


          Lieutenant Governor Gavin Newsom
          American Society for the Prevention of Cruelty to Animals 
          Animal Legal Defense Fund 
          Best Friends Animal Society 








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          California Association of Zoos and Aquariums 
          Center for Animal Protection & Education 
          City of Oakland 
          Compassion Works International 
          Connection Africa 
          Defense of Animals 
          Detroit Zoological Society 
          Earth Island Institute 
          East Bay Zoological Society (Oakland Zoo) 
          Elephant Aid International 
          Elephant Sanctuary in Tennessee
          Global Sanctuary for Elephants 
          Humane Society Wildlife Land Trust 
          In Defense of Animals
          Lions Tigers & Bears 
          Laborers' International Union of North America Locals 777 & 792 
          March for Elephants 
          Marin Humane Society 
          Oakland Zoo
          Performing Animal Welfare Society 
          San Diego Humane Society 
          San Francisco SPCA 
          Santa Clara County Activists for Animals 
          Sierra Club California 
          State Humane Association of California
          The Elephant Sanctuary 
          The Humane Society of the United States 
          1013 Individuals 


          OPPOSITION:   (Verified4/11/16)


          American Association of Zoo Veterinarians 
          American Humane Association
          California Fair Network 
          California Fairs Alliance 
          Circus Fans Association of America 
          Feld Entertainment
          International Elephant Foundation 
          Have Trunk Will Travel 
          Livingston Exotics








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          Pacific Animal Productions 
          QE Productions 
          The Los Angeles Foundation for the Circus Arts 
          Western Fairs Association's Ag Council 
          Wild Wonders 
          Zoological Association of America
          75 Individuals

          ARGUMENTS IN SUPPORT:    According to the author, existing law  
          does not address the most common cruel and inhumane training  
          devices used on elephants, namely bullhooks. 

          Many supporters have pointed out that zoos accredited by the  
          Association of Zoos and Aquariums (AZA) and the Performing  
          Animal Welfare Society (PAWS) sanctuary use positive  
          reinforcement and have moved away from what they consider the  
          cruel and outdated use of training devices that resemble large  
          fireplace pokers. The author and supporters believe this is now  
          the industry standard. 

          According to PAWS, which operates a care facility in San Andreas  
          for animals rescued from the entertainment industry, bullhooks  
          are intentionally used and designed to inflict pain as part of  
          an elephant's training. PAWS states that "trainers are actually  
          required to hook, jab, or hit elephants who miss a cue, move too  
          slowly, or display unwanted behaviors. This association between  
          pain and fear of the bullhook is reinforced throughout an  
          elephant's life-behind closed doors and out of view of law  
          enforcement. Without that association, the bullhook is useless."  


          Moreover, supporters assert that the positive reinforcement  
          system used at PAWS, and in all California zoos accredited by  
          the AZA, relies on positive reinforcement training and use of a  
          protective barrier between keeper and elephant. To cue  
          behaviors, keepers utilize a "target," which is a long-handled  
          pole with a soft tip. In contrast to the bullhook, the elephant  
          moves toward the target, and the behavior is reinforced with a  
          food reward and gentle words of praise. Using this method,  
          trainers are able to provide necessary husbandry and veterinary  
          care, including specialized and more intensive care for our  
          older elephants." 








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          The supporters also point out that in California, no county fair  
          offers elephant rides run by operators who use bullhooks, and  
          that the Ringling Bros. and Barnum & Bailey Circus has announced  
          a phase-out this year of its elephant acts. 

          The Humane Society of the United States is aware of only two  
          California-based businesses that still use bullhooks, neither of  
          which is accredited by the AZA or the Global Federation of  
          Animal Sanctuaries.  It also objects to the notion that the  
          public display of elephants that are required to perform  
          unnatural tricks does not engender respect or appreciation for  
          wildlife. Instead, it reinforces a message that exploitation and  
          mistreatment is acceptable entertainment. 


          As for public safety, the author also points out that there have  
          been at least 16 deaths and 135 injuries in the U.S. that have  
          been attributed to elephants, primarily in circus-related  
          accidents. The implication is that these accidents were caused  
          in part when an elephant rebelled against a trainer resulting in  
          injury to circus employees or the public.



          ARGUMENTS IN OPPOSITION: Much of the opposition comes from the  
          entertainment or circus community, although some veterinarians  
          are also opposed. As an example, Dr. James and Dr. Linda Peddie,  
          from Ventura, have a very different view of bullhooks than the  
          supporters of the bill. They consider the bullhook an  
          appropriate and effective implement that "mirrors natural  
          interaction among elephants" who frequently touch each other.  
          Their view is that the bullhook is akin to the pull on an  
          elephant by another elephant's trunk. They also contend that the  
          bullhook, when properly used, is not used in sensitive areas and  
          never for purposes of abuse. They believe that a bullhook is  
          necessary on occasion for the treatment of medical conditions in  
          elephants. 

          Others in the opposition say that the bullhook is analogous to  
          reins on a horse, or leashes for dogs. 









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          The Circus Fans Association of America and some others in  
          opposition argue that because elephants are increasingly rare in  
          the wild, that domesticated and trained elephants enhance the  
          survival chances of the species. 


          The Los Angeles Foundation for the Circus Arts says its shows  
          often occur in disadvantaged communities and offer glimpses of  
          wildlife that would not otherwise occur.


          Prepared by:William Craven / N.R. & W. / (916) 651-4116
          4/13/16 15:37:02


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