HOUSE DOCKET, NO. 1117        FILED ON: 1/14/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1477

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Brian R. Mannal

_________________

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 humane treatment of elephants.

_______________

PETITION OF:

 

Name:

District/Address:

Brian R. Mannal

2nd Barnstable

Denise Provost

27th Middlesex

Jason M. Lewis

Fifth Middlesex

Paul R. Heroux

2nd Bristol

Michelle M. DuBois

10th Plymouth

James B. Eldridge

Middlesex and Worcester

Ruth B. Balser

12th Middlesex

Carolyn C. Dykema

8th Middlesex

James J. Dwyer

30th Middlesex

Tom Sannicandro

7th Middlesex

Daniel J. Ryan

2nd Suffolk

Bruce E. Tarr

First Essex and Middlesex

Lori A. Ehrlich

8th Essex

Kathleen O'Connor Ives

First Essex

Benjamin Swan

11th Hampden

Carlos Gonzalez

10th Hampden


HOUSE DOCKET, NO. 1117        FILED ON: 1/14/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1477

By Mr. Mannal of Barnstable, a petition (accompanied by bill, House, No. 1477) of Brian R. Mannal and others for legislation to establish a penalty for the mistreatment of elephants.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act relating to the humane 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.