BILL ANALYSIS Ó
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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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Page 2
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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