BILL ANALYSIS                                                                                                                                                                                                    



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          Date of Hearing:  June 29, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1062  
          (Lara) - As Amended June 15, 2016


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          |Policy       |Water, Parks and Wildlife      |Vote:|12 - 2       |
          |Committee:   |                               |     |             |
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          |             |Arts, Entertainment, Sports,   |     |4 - 2        |
          |             |Tourism, and Internet Media    |     |             |
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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill prohibits the use of a bullhook and other specified  
          devices designed to inflict pain to train or control an  
          elephant, beginning January 1, 2018.  Use includes the  
          brandishing, exhibiting or displaying the devices in the  
          presence of the elephant.  










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          Violators of these provisions are subject to civil penalties of  
          between $500 and $10,000 per violation, and the immediate  
          suspension or revocation of a user's restricted species permit. 


          FISCAL EFFECT:


          Minor state costs.


          COMMENTS:


          1)Purpose According to the author, Los Angeles and Oakland have  
            prohibited use of the bullhook, and San Francisco has banned  
            performances using elephants and other performing wild  
            animals.  The author contends it is time for the state to  
            follow suit and prohibit this inhumane practice.


            This bill prohibits and establishes civil penalties for the  
            use of bullhooks and other devices designed to inflict pain to  
            train or control the behavior of an elephant. 


            Restricted species permits are issued and enforced by the  
            Department of Fish and Wildlife (DFW) and are required for the  
            possession and handling of elephants and other wild animals in  
            California.  This bill requires DFW to immediately revoke  
            restricted species permits from anyone who violates this  
            provision.





          2)Background.  All zoos and major sanctuaries in California have  
            ceased use of the bullhook and other guide tools. There are  








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            two remaining commercial organizations - which have nine  
            elephants between them - that have direct contact with  
            elephants and claim they need to use guide tools in order to  
            provide their services. The first is Have Trunk Will Travel,  
            who provides elephants for work in films, television,  
            commercials, traditional Indian weddings, as well as offering  
            elephant rides at fairs and theme parks.  The second affected  
            business is the Monterey Zoo, which offers a safari style bed  
            and breakfast experience, public meet and greets with exotic  
            animals and educational experience and research facilities all  
            inside an expansive property outside of Salinas, California. 
               


          3)Previous Legislation.  This bill follows up on last year's SB  
            716 (Lara), which would have addressed the issue by  
            criminalizing the use of bullhooks.  SB 716 was vetoed by the  
            Governor, along with several other bills, because the bills  
            created new crimes.  This bill responds to the veto by  
            proposing to make the use of bullhooks subject to civil  
            penalties, and grounds for revocation of a restricted species  
            permit instead of creating a new crime.  



          
          Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081



















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