BILL ANALYSIS Ó SB 1062 Page 1 Date of Hearing: June 29, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 1062 (Lara) - As Amended June 15, 2016 ----------------------------------------------------------------- |Policy |Water, Parks and Wildlife |Vote:|12 - 2 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Arts, Entertainment, Sports, | |4 - 2 | | |Tourism, and Internet Media | | | | | | | | | | | | | ----------------------------------------------------------------- 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. SB 1062 Page 2 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 SB 1062 Page 3 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 SB 1062 Page 4