BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1062| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 1062 Author: Lara (D) Amended: 6/15/16 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 SENATE FLOOR: 29-9, 4/18/16 AYES: Allen, Bates, Beall, Block, Cannella, De León, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Nguyen, Pan, Pavley, Roth, Wieckowski, Wolk NOES: Anderson, Fuller, Gaines, Huff, Moorlach, Morrell, Nielsen, Stone, Vidak NO VOTE RECORDED: Berryhill, Runner ASSEMBLY FLOOR: 65-7, 8/4/16 - See last page for vote SUBJECT: Elephants: prohibited treatment SOURCE: Humane Society of the United States DIGEST: This bill prohibits, beginning January 1, 2018, the use of a bullhook and other devices designed to inflict pain to train or control an elephant. Assembly Amendments add a provision for appealing a permit revocation and make other technical changes. SB 1062 Page 2 ANALYSIS: Existing law: 1)Prohibits the importation, transportation, possession, or release of specified wild animals, including elephants, in California except under a restricted species permit issued by the Department of Fish and Wildlife (DFW), in cooperation with the Department of Food and Agriculture. Authorizes the Fish and Game Commission (FGC) to adopt regulations governing the importation, possession, transportation, keeping, and confinement of wild animals, including elephants. Makes a violation of these requirements subject to a civil penalty of not less than $500 and not more than $10,000 per violation. Also makes a violation a misdemeanor, punishable by up to six months imprisonment in a county jail, or a fine of up to $1,000. 2)Makes it a misdemeanor for any owner or manager of an elephant to engage in abusive behavior towards the elephant, including disciplining an elephant by any of the following methods: a) Deprivation of food, water or rest. b) Use of electricity. c) Physical punishment resulting in damage, scarring, or breaking of skin. d) Insertion of any instrument into any bodily orifice. e) Use of martingales (head immobilizing straps). f) Use of block and tackle. 3)Makes it unlawful to purchase, sell, offer for sale, possess with intent to sell, or import with intent to sell, elephant SB 1062 Page 3 ivory or rhinoceros horn, or to possess, sell, offer for sale, trade, or distribute a shark fin in this state. Makes it unlawful to import into this state for commercial purposes, or possess with intent to sell, the dead body, or any part or product thereof, of a polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf, zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin, porpoise, Spanish lynx, or elephant. This bill: 1)Prohibits any person who houses, possesses, manages, or is in direct contact with an elephant, from using, or authorizing or allowing an employee, agent or contractor to use, a bullhook, ankus, baseball bat, axe handle, pitchfork, or other device designed to inflict pain for the purpose of training or controlling an elephant. Use includes brandishing, exhibiting, or displaying the devices in the presence of an elephant. 2)Makes any person who violates this prohibition subject to a civil penalty of not less than $500 and not more than $10,000 per violation, and immediate suspension or revocation of a restricted species permit. 3)Authorizes a person to appeal a restricted species permit suspension or revocation to the FGC. 4)Clarifies that a person who violates the prohibition is not subject to criminal penalties under the Fish and Game Code. 5)Provides that the prohibition in this bill is in addition to and not in lieu of other existing animal welfare laws, including any state or local laws. SB 1062 Page 4 Background This bill prohibits the use of bullhooks and other devices designed to inflict pain for the purpose of training or controlling the behavior of an elephant. According to the author, bullhooks are used by a dwindling number of elephant handlers to train, punish and control elephants. The author and sponsors describe a bullhook as a device that resembles a fireplace poker, with a sharp metal hook and spiked tip, and a plastic or wood handle. According to the author, this bill codifies industry standards for elephant management by prohibiting the use of bullhooks, bats, and pitchforks to discipline an elephant. The cities of Los Angeles and Oakland have prohibited use of the bullhook, and San Francisco has banned performances using elephants and other performing wild animals. In 2014, the Association of Zoos and Aquariums (AZA) adopted a policy prohibiting keepers from sharing unrestricted space with elephants. Protected contact, a new elephant management method based on positive reinforcement instead of punishment, was developed and is viewed by supporters as a viable and more humane alternative. The California Association of Zoos and Aquariums, in support of this bill, notes that all zoos accredited by the AZA in California are now using protected contact and operant conditioning training, making use of the bullhook obsolete. Today, no county fair in California offers elephant rides, and the Ringling Brothers circus has also ended all use of elephants for circus performances in California, effective May 2016. This bill follows last year's SB 716 (Lara, 2015), which proposed to criminalize 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. Restricted species permits are issued and enforced by the DFW, and are required for possession and handling of elephants and other wild animals in California. SB 1062 Page 5 FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Assembly Appropriations Committee, costs are minor. SUPPORT: (Verified8/3/16) Humane Society of the United States (source) Lieutenant Governor Gavin Newsom Active Environments Alaska Zoo American Society for the Prevention of Cruelty to Animals Animal Legal Defense Fund Best Friends Animal Society Born Free USA California Association of Zoos and Aquariums California Travel Association Center for Animal Protection and Education City of Oakland Compassion Works International Connection Africa Detroit Zoological Society Earth Island Institute East Bay Regional Park District East Bay Zoological Society (Oakland Zoo) Elephant Aid International Elephant Sanctuary of Tennessee Global Sanctuary for Elephants Humane Society Veterinary Medical Association Humane Society Wildlife Land Trust In Defense of Animals LionsTigers & Bears Liuna Locals 777 & 792 March for Elephants Marin Humane Society Performing Animal Welfare Society SB 1062 Page 6 San Diego Humane Society San Francisco SPCA Santa Clara County Activists for Animals Sierra Club California Sierra Wildlife Coalition State Humane Association of California OPPOSITION: (Verified8/3/16) American Association of Zoo Veterinarians American Humane Association Animals All Around Asian Elephant Support California Fairs Alliance California Responsible Pet Owners Coalition Circus Fans Association of America Circus World Museum Foundation, Inc. Elephant Managers Association Feld Entertainment, Inc. Have Trunk Will Travel International Elephant Foundation Lake County Fair Livingston Exotics LLC Los Angeles Foundation for the Circus Arts Monterey Zoo Pacific Animal Productions P.M. Productions Entertainment QE Productions Ringling Bros. Center for Elephant Conservation The Shrine Circus, Pittsburgh The Syria Shrine Circus Traveling Paws LLC Western Fairs Association's Ag Council Wild Wonders, Inc. Wildlife Safari Zoological Association of America ARGUMENTS IN SUPPORT: Supporters emphasize that bullhooks have historically been used by elephant handlers to train, punish and control elephants, and have been used to inflict pain and evoke fear in order to forcefully achieve desired behaviors. The presence of the bullhook even when not in active use is a SB 1062 Page 7 threat of punishment for elephants that have been trained by this method. Supporters assert there have been numerous documented incidents of elephants being wounded or scarred by abusive use of bullhooks. In addition to the inhumane treatment of elephants, performances that use elephants threaten public safety by bringing people into dangerously close proximity to elephants. Supporters believe use of bullhooks promotes aggression and will not prevent an elephant from rampaging, or protect the public when such an incident occurs. Supporters note that since 1990 there have been 16 human deaths and 135 injuries in the United States attributed to elephants, primarily in circus-related accidents. In summary, supporters assert the bullhook is an outdated and inhumane tool that unnecessarily subjects elephants to fear and pain, and puts keepers and veterinarians at serious risk of injury and death. They assert that the protected contact method of elephant training and management is a superior method of managing elephants, eliminates the need for bullhooks, and is now the industry preferred standard. This method relies on positive reinforcement training and a protected barrier, enables keepers to provide high quality elephant husbandry and veterinary care, and is based on cooperation and respect rather than domination and control. The protected contact method is now required for all facilities certified by the AZA. ARGUMENTS IN OPPOSITION:Opponents of this bill, which include members of the circus and entertainment community, as well a number of veterinarians and researchers, assert that the bullhook or guide is an important tool that facilitates the ability of elephant handlers to provide veterinary care and conduct elephant research. They prefer the term guide to describe the tool rather than bullhook, and assert that it is not harmful or abusive when used correctly. They emphasize that the guide is the only husbandry tool effective for managing elephants in a free contact environment where elephants are not confined exclusively to their enclosures. Opponents also assert that the use of bullhooks helps those who use them to provide more superior care than can be provided to those managed without them. They are concerned that taking away the ability to use SB 1062 Page 8 bullhooks or guides will adversely affect their ability to provide elephants with required care. Some opponents assert the bullhook is comparable to the use of a harness and reins for horses, or collars and leads for dogs. Because the bullhook or guide is useful in providing veterinary care, opponents assert that the State of California by removing its use would be removing an essential safety and welfare tool for handling a large and potentially dangerous animal. Some opponents are also concerned that this bill will negatively impact the ability of the entertainment industry to use elephants in performances, fairs and festivals, and for people in the animal industries to maintain their livelihoods. Others believe it will hamper research and conservation efforts that are beneficial to elephants. ASSEMBLY FLOOR: 65-7, 8/4/16 AYES: Achadjian, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooper, Dababneh, Daly, Dodd, Eggman, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Mullin, Nazarian, O'Donnell, Olsen, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NOES: Beth Gaines, Harper, Jones, Mathis, Medina, Melendez, Obernolte NO VOTE RECORDED: Alejo, Travis Allen, Chávez, Cooley, Dahle, Frazier, Roger Hernández, Patterson Prepared by:William Craven / N.R. & W. / (916) 651-4116 8/5/16 11:05:59 **** END **** SB 1062 Page 9