THIRD READING. SENATE NATURAL RES. & WATER COMMITTEE: 7-2, 3/29/16 AYES: Pavley, Allen, Hertzberg, Hueso, Jackson, Monning, Wolk NOES: Stone, Vidak

Similar documents
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE Marc Levine, Chair SB 1062 (Lara) As Amended May 26, 2016

3. I submit this affidavit in support of the NhRP s petition for habeas corpus for the abovenamed

BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR MULTNOMAH COUNTY, OREGON ORDINANCE NO.

6:04:50 (1994): This ordinance shall not apply to exhibits deemed educational by the Massachusetts Society for the Prevention of Cruelty to Animals.

Department of Legislative Services Maryland General Assembly 2006 Session. FISCAL AND POLICY NOTE Revised

Hello, my name is and I am the second negative speaker for the HTMS debate team. We resolve that the United States federal

Local Restrictions Governing Traveling Shows and Circuses in the U.S. and Canada (as of February 2017)

TESTIMONY OF. Bonnie V. Beaver, DVM, MS, Diplomate ACVB Past President American Veterinary Medical Association

JONATHAN H. YOUNG, RDR, CRR COURT REPORTER

NATIONAL: SUPPORT FOR CIRCUS ANIMAL BAN

H 7184 S T A T E O F R H O D E I S L A N D

Humane State Ranking 2016 (Montana through Wyoming)

The Last Performance of the Circus Bear. Living in the state of Alaska was one of the most incredible experiences of my childhood.

Proposition 63. have the ability to make substantial changes to the state law. This year there are going to be

Your guide to being animal friendly on holiday

H. R. IN THE HOUSE OF REPRESENTATIVES A BILL

connect caring conservation

October 23, 2006 Draft. Davidson County Animal Control Ordinance

Your guide to being animal friendly on vacation

APT 1 s nine main concerns

Animal Welfare in Wildlife Conservation

The Protection of Animals in Thailand--An Insight into Animal Protection Legislation

INTRADEPARTMENTAL CORRESPONDENCE. The Honorable Board of Police Commissioners

LEGAL ASPECTS OF THE EXOTIC PET TRADE. Camille Labchuk, Barrister & Solicitor

Humane State Ranking 2018 (Montana through Wyoming)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION SENATE BILL DRS45071-MQf-19. Short Title: Off-Track Pari-Mutuel Betting. (Public)

CITY OF FERNDALE REQUEST FOR COUNCIL ACTION

Regional District of Central Okanagan. Bylaw No.1 028

Rotary Magazine Keep Wildlife Wild

Horse whipped. Tiger beaten over head with metal bar. Camel hit in the face with broomhandle.

Became a law March 15, 2005, with the approval of the Governor. Passed by a majority vote, three-fifths being present.

MILWAUKEE POLICE DEPARTMENT

The use of dolphins in captivity in the EU and developments towards sea refuges for stranded and captive dolphins.

(No. 176) (Approved August 1, 2004) AN ACT

Prepared By: Environmental Preservation Committee REVISED: 3/29/05. Please see last section for Summary of Amendments

TAFT SPORTSMEN S CLUB

Humane State Ranking 2012 (Montana through Wyoming, plus DC)

RETURN TO FREEDOM ADOPTION APPLICATION

The Weekly Debate. The Dilemma Key quotes. Background. FirstNews. Weekly Debate

California Boater Card FAQ

Humane State Ranking 2014 (Montana through Wyoming, plus DC and PR)

Leaders in U.S. states worry about dangerous pets like lions, alligators

3v3 SOCCER RULES INTRAMURAL SPORTS

UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS General Certificate of Education Ordinary Level

Humane State Ranking 2018 (Alabama through Missouri)

Case 2:16-mc JLQ Document 62-4 Filed 02/06/17 EXHIBIT DD

Position Statements. Approved by the Board of Directors on November 18, Note: Marin Humane is also known as Marin Humane Society 1

Contents. Foreword. For: The world needs zoos Against: Replace zoos with something better. For: Safety first Against: Whatever happened to privacy?

CRS Report for Congress

Park Board Special Meeting. July 26, 2014

Roger Williams Park Zoo Rhode Island Zoological Society. Committed to Conservation Education / Research

SeaWorld Orcas Are Safer in Enclosures, Park Says

Humane State Ranking 2013 (Alabama through Missouri)

Two Down, More To Come

Animal Health Risks Associated with Importing and keeping Exotic Animals in Europe

GREATER LOS ANGELES SOFTBALL ASSOCIATION GLASA WOMEN S DIVISION 2009 SUMMER PLAYING RULES

A stand against wild animals in circuses

California Boater Card FAQ

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 HOUSE DRH30245-LL-86B (02/16) Short Title: Outdoor Heritage Act. (Public)

Humane State Ranking 2017 (Alabama through Missouri)

REQUIRES TWO-THIRDS MAJORITY VOTE ( 31, 32) MARCH 7, Referred to Committee on Natural Resources, Agriculture, and Mining

CHAP Summary 8 TER 155

Rules regarding HUNTING in Ohio townships

A N I M A L W E L F A R E I N S T I T U T E

IMPACT. Advocacy & Enforcement

August 12, The Honorable Edmund G. Brown Jr. Governor, State of California State Capitol Sacramento, CA Dear Governor Brown:

ANIMAL EXHIBITOR PERMIT NUMBER: EX PERMIT NUMBER MUST BE SUPPLIED. Business Name. Owner Name. Business Address MUST BE PROVIDED

CHAPTER 5 ANIMALS AND FOWL 1 ARTICLE I. IN GENERAL

Name: Date:

SENATE BILL No Agenda Item H.1 Supplemental Attachment 3 April 2018 AMENDED IN SENATE MARCH 21, Introduced by Senator Allen

STUN GUN LAWS/ REQUIREMENTS DATED

The Non-Thoroughbred Register. Instructions from the Stewards of the Cyprus Turf Club

United States Department of Agriculture Animal and Plant Health Inspection Service. Inspection Report. Customer ID:

RE: Request for Audit of Ineligible Federal Aid Grants to Alaska Department of Fish & Game for Support of Predator Management

OVERVIEW OF THE OFFICE OF SPILL PREVENTION & RESPONSE, CALIFORNIA DEPARTMENT OF FISH & WILDLIFE RYAN C. TODD SENIOR STAFF COUNSEL

Shakopee Cup 2018 Rules

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

CHAPTER 6 4-H HEALTH AND SAFETY

SB194 3/13/2017 EXHIBIT C Senate Committee oncommerce Labor and Energy Date: Total pages: 18 Exhibit begins with: C1 thru C18

Resolution Adopted by APA on August 19, 2007

Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa

United Nations Committee against Torture

The Critical Role of Animal Control and Humane LEOs in the FBI S NATIONAL INCIDENT BASED REPORTING SYSTEM (NIBRS)

Candidate views on animal issues

ANIMAL WELFARE ANIMAL RIGHTS PROTECTING ANIMALS OR A THREAT TO U.S. FOOD

Enforcement and Compliance within South Coast Marine Protected Areas

Protecting Wild Animals from Circus Abuse

Save the Whales: Reloaded forms new global community

Testimony DAN ASHE PRESIDENT & CEO ASSOCIATION OF ZOOS AND AQUARIUMS. before the COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS U.S.

Humane State Ranking (Alabama through Missouri)

TITLE 11. DEPARTMENT OF JUSTICE NOTICE OF PROPOSED RULEMAKING

OREGON DEPARTMENT OF FISH AND WILDLIFE FIELD STAFF RESPONSE FOR COUGAR INFORMATION AND CONFLICT SITUATIONS

VOLUME III 1982

SAFARI CLUB INTERNATIONAL Legislative Report February 7, 2014 FISH AND GAME COMMISSION

A Parents Guideline to Referee s Signals, and The Laws Of The Game

Animals Have Rights. Introduction

CONTESTANT APPLICATION

SENATE BILL 163 Creates the Advisory Council on Nevada Wildlife Conservation and Education. (BDR )

CHICO STATE UNIVERSITY RECREATIONAL SPORTS DEPARTMENT INDOOR SOCCER RULES

Endangered whale may be safer in an aquarium

Transcription:

SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 THIRD READING Bill No: Author: Lara (D) Introduced: 2/16/16 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 SUBJECT: Elephants: prohibited treatment SOURCE: Author DIGEST: This bill prohibits any person who houses, possesses, or is in direct contact with an elephant from using, or permitting an employee or contractor from using a bullhook, ankus, baseball bat, axe handle, pitchfork or other device designed to inflict pain for the purpose of training or controlling the behavior of an elephant. (Bullhook and ankus refer to the same tool.) This bill does not impose criminal penalties but violators will be subject to civil penalties and possible revocation of an importation or possession permit from the Department of Fish and Wildlife (DFW). The civil penalties provision imposes a minimum penalty of $500 and a maximum penalty of $10,000. ANALYSIS: Existing law: 1) Establishes a misdemeanor for cruelty to elephants (Section 596.5 of the Penal Code). The prohibition extends to all of the following methods: a) Deprivation of food, water, or rest. b) Use of electricity.

c) Physical punishment resulting in damage, scarring, or breakage of skin. d) Insertion of any instrument into any bodily orifice. e) Use of martingales. f) Use of block and tackle. Page 2 2) Allows those with specific permits from the DFW to import, transport or possess wild animals including elephants (Section 2118 of the Fish and Game Code). Violations of the section or any permit conditions are subject to both civil and criminal penalties. This bill imposes civil penalties and possible revocation of permits from the DFW for the use of a bullhook to train or control the behavior of an elephant. The civil penalties provision imposes a minimum penalty of $500 and a maximum penalty of $10,000. Comments In vetoing several bills last year that imposed criminal penalties, including SB 716 (Lara) that created a criminal offense for use of a bullhook to train elephants, the Governor objected to the creation of a new criminal statute. does not create a new criminal statute. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No SUPPORT: (Verified 4/11/16) Lieutenant Governor Gavin Newsom American Society for the Prevention of Cruelty to Animals Animal Legal Defense Fund Best Friends Animal Society California Association of Zoos and Aquariums Center for Animal Protection & Education City of Oakland Compassion Works International Connection Africa Defense of Animals Detroit Zoological Society Earth Island Institute East Bay Zoological Society (Oakland Zoo) Elephant Aid International Elephant Sanctuary in Tennessee

Page 3 Global Sanctuary for Elephants Humane Society Wildlife Land Trust In Defense of Animals Lions Tigers & Bears Laborers International Union of North America Locals 777 & 792 March for Elephants Marin Humane Society Oakland Zoo Performing Animal Welfare Society San Diego Humane Society San Francisco SPCA Santa Clara County Activists for Animals Sierra Club California State Humane Association of California The Elephant Sanctuary The Humane Society of the United States 1013 Individuals OPPOSITION: (Verified 4/11/16) American Association of Zoo Veterinarians American Humane Association California Fair Network California Fairs Alliance Circus Fans Association of America Feld Entertainment International Elephant Foundation Have Trunk Will Travel Livingston Exotics Pacific Animal Productions QE Productions The Los Angeles Foundation for the Circus Arts Western Fairs Association s Ag Council Wild Wonders Zoological Association of America 75 Individuals ARGUMENTS IN SUPPORT: According to the author, existing law does not address the most common cruel and inhumane training devices used on elephants, namely bullhooks.

Page 4 Many supporters have pointed out that zoos accredited by the Association of Zoos and Aquariums (AZA) and the Performing Animal Welfare Society (PAWS) sanctuary use positive reinforcement and have moved away from what they consider the cruel and outdated use of training devices that resemble large fireplace pokers. The author and supporters believe this is now the industry standard. According to PAWS, which operates a care facility in San Andreas for animals rescued from the entertainment industry, bullhooks are intentionally used and designed to inflict pain as part of an elephant s training. PAWS states that trainers are actually required to hook, jab, or hit elephants who miss a cue, move too slowly, or display unwanted behaviors. This association between pain and fear of the bullhook is reinforced throughout an elephant s life behind closed doors and out of view of law enforcement. Without that association, the bullhook is useless. Moreover, supporters assert that the positive reinforcement system used at PAWS, and in all California zoos accredited by the AZA, relies on positive reinforcement training and use of a protective barrier between keeper and elephant. To cue behaviors, keepers utilize a target, which is a long- handled pole with a soft tip. In contrast to the bullhook, the elephant moves toward the target, and the behavior is reinforced with a food reward and gentle words of praise. Using this method, trainers are able to provide necessary husbandry and veterinary care, including specialized and more intensive care for our older elephants. The supporters also point out that in California, no county fair offers elephant rides run by operators who use bullhooks, and that the Ringling Bros. and Barnum & Bailey Circus has announced a phase-out this year of its elephant acts. The Humane Society of the United States is aware of only two California-based businesses that still use bullhooks, neither of which is accredited by the AZA or the Global Federation of Animal Sanctuaries. It also objects to the notion that the public display of elephants that are required to perform unnatural tricks does not engender respect or appreciation for wildlife. Instead, it reinforces a message that exploitation and mistreatment is acceptable entertainment. As for public safety, the author also points out that there have been at least 16 deaths and 135 injuries in the U.S. that have been attributed to elephants, primarily in circus-related accidents. The implication is that these accidents were caused in part when an elephant rebelled against a trainer resulting in injury to circus employees or the public.

Page 5 ARGUMENTS IN OPPOSITION: Much of the opposition comes from the entertainment or circus community, although some veterinarians are also opposed. As an example, Dr. James and Dr. Linda Peddie, from Ventura, have a very different view of bullhooks than the supporters of the bill. They consider the bullhook an appropriate and effective implement that mirrors natural interaction among elephants who frequently touch each other. Their view is that the bullhook is akin to the pull on an elephant by another elephant s trunk. They also contend that the bullhook, when properly used, is not used in sensitive areas and never for purposes of abuse. They believe that a bullhook is necessary on occasion for the treatment of medical conditions in elephants. Others in the opposition say that the bullhook is analogous to reins on a horse, or leashes for dogs. The Circus Fans Association of America and some others in opposition argue that because elephants are increasingly rare in the wild, that domesticated and trained elephants enhance the survival chances of the species. The Los Angeles Foundation for the Circus Arts says its shows often occur in disadvantaged communities and offer glimpses of wildlife that would not otherwise occur. Prepared by: William Craven / N.R. & W. / (916) 651-4116 4/13/16 15:37:02 **** END ****