BILL ANALYSIS Ó
SB 1062
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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
SB 1062
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