BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                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. 








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          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  








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            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.









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          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.  








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          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 








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          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  








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          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  








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          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


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