BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1062|
|Office of Senate Floor Analyses | |
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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
**** END ****
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