HOUSE DOCKET, NO. 1521        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1274

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Lori A. Ehrlich and Robert L. Hedlund

_________________

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.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Lori A. Ehrlich

8th Essex

1/15/2015

Josh S. Cutler

6th Plymouth

 

Denise Provost

27th Middlesex

 

Jason M. Lewis

Fifth Middlesex

 

Colleen M. Garry

36th Middlesex

 

Paul R. Heroux

2nd Bristol

 

Michelle M. DuBois

10th Plymouth

 

Marjorie C. Decker

25th Middlesex

 

James B. Eldridge

Middlesex and Worcester

 

Ruth B. Balser

12th Middlesex

 

Leonard Mirra

2nd Essex

 

Carolyn C. Dykema

8th Middlesex

 

James M. Cantwell

4th Plymouth

 

William N. Brownsberger

Second Suffolk and Middlesex

 

David M. Rogers

24th Middlesex

 

Walter F. Timilty

7th Norfolk

 

William C. Galvin

6th Norfolk

 

Mathew Muratore

1st Plymouth

 

Michael D. Brady

Second Plymouth and Bristol

 

Tom Sannicandro

7th Middlesex

 

Thomas M. Stanley

9th Middlesex

 

Bruce E. Tarr

First Essex and Middlesex

 

Frank A. Moran

17th Essex

 

Brian M. Ashe

2nd Hampden

 

Jonathan Hecht

29th Middlesex

 

Kathleen O'Connor Ives

First Essex

 

Benjamin Swan

11th Hampden

 

Alice Hanlon Peisch

14th Norfolk

 

Kay Khan

11th Middlesex

 

Paul Brodeur

32nd Middlesex

 

Jeffrey Sánchez

15th Suffolk

 

Timothy J. Toomey, Jr.

26th Middlesex

 


HOUSE DOCKET, NO. 1521        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1274

By Representative Ehrlich of Marblehead and Senator Hedlund, a joint petition (accompanied by bill, House, No. 1274) of Lori A. Ehrlich and others for legislation to establish a penalty for the mistreatment of elephants.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1626 OF 2013-2014.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

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.