SENATE DOCKET, NO. 479 FILED ON: 1/19/2011
SENATE . . . . . . . . . . . . . . No. 1706
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The Commonwealth of Massachusetts
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PRESENTED BY:
Robert L. Hedlund
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relating to the treatment of elephants..
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PETITION OF:
Name: | District/Address: |
Robert L. Hedlund |
|
Cheryl A. Coakley-Rivera | 10th Hampden |
James M. Murphy | 4th Norfolk |
Carl M. Sciortino, Jr. | 34th Middlesex |
Thomas M. Stanley | 9th Middlesex |
Anne M. Gobi | 5th Worcester |
Richard J. Ross | Norfolk, Bristol and Middlesex |
Susan C. Fargo |
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Jason M. Lewis | 31st Middlesex |
Denise Provost | 27th Middlesex |
Frank I. Smizik | 15th Norfolk |
Denise Andrews | 2nd Franklin |
Byron Rushing | 9th Suffolk |
Christine E. Canavan | 10th Plymouth |
Michael D. Brady | 9th Plymouth |
Timothy R. Madden | Barnstable, Dukes and Nantucket |
Thomas P. Conroy | 13th Middlesex |
Cory Atkins | 14th Middlesex |
Bruce E. Tarr |
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William N. Brownsberger |
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Lori A. Ehrlich | 8th Essex |
James M. Cantwell | 4th Plymouth |
Gale D. Candaras |
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James B. Eldridge |
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Sheila C. Harrington | 1st Middlesex |
Karen E. Spilka |
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Paul Adams | 17th Essex |
Jonathan Hecht | 29th Middlesex |
SENATE DOCKET, NO. 479 FILED ON: 1/19/2011
SENATE . . . . . . . . . . . . . . No. 1706
By Mr. Hedlund, a petition (accompanied by bill, Senate, No. 1706) of Robert L. Hedlund, Cheryl A. Coakley-Rivera, James M. Murphy, Carl M. Sciortino, Jr. and other members of the General Court for legislation relative to the treatment of elephants. Tourism, Arts and Cultural Development. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1870 OF 2009-2010.]
The Commonwealth of Massachusetts
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In the Year Two Thousand Eleven
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An Act relating to the treatment of elephants..
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 272 of the General Laws, is hereby amended by inserting after section 77B the following section: -
Section 77C. (a) As used in this section, the following terms shall have the following meanings:
“Circus" , a class C licensee under the Animal Welfare Act, 7 U. S. C. section 2131 et seq. , and its subsequent amendments, regulations and standards adopted pursuant to the Act, that offers a performance by a live animal, clown or acrobat.
"Person" , an individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any agent, or representative thereof.
"Traveling show", circus, public show, trade show, photographic opportunity, carnival, city or county fair, agricultural fair, ride, parade, race, performance or a similar undertaking in which elephants do not permanently reside or that moves the elephants from location to location, but not including the transportation of elephants for the purpose of obtaining required medical services for an elephant or for the exchange of an elephant between sanctuaries.
(b) It shall be unlawful for any person who houses, possesses, is in contact with, or travels with any elephant utilized in a circus or traveling show within Massachusetts to engage in any of the following:
(1) Use of any implement on an elephant that may reasonably result in harm to the elephant including, but not limited to, the damage, scarring or breakage of an elephant's skin. Any such implement or device that is used, purchased, contrived for or constructed for the purpose of poking, striking, hitting, stabbing, piercing, pinching or other physical contact of an elephant shall be construed as an implement or device which may reasonably result in harm, damage, scarring or breakage of skin to an elephant. For purposes of this subsection such implement or device includes, but is not limited to, a bullhook, ankus or other similar device.
(2) Possession of any implement or device that may reasonably result in harm, damage, scarring or breakage of skin to an elephant. Any such implement or device that is used, purchased, contrived for or constructed for the purpose of poking, striking, hitting, stabbing, piercing, pinching or other physical contact of an elephant shall be construed as an implement or device which may reasonably result in harm, damage, scarring or breakage of skin to an elephant. For purposes of this subsection such implement or device includes, but is not limited to, a bullhook, ankus, or other similar device.
(3) Use of a chain or similar device to restrain an elephant, except if utilized for the shortest amount of time necessary to provide actual medical treatment.
(c) Whoever violates this section shall be fined not more than $5000 per violation or imprisoned in the house of correction for not more than 1 year, or by both such fine and imprisonment.