HOUSE DOCKET, NO. 295        FILED ON: 1/11/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 418


The Commonwealth of Massachusetts



Lori A. Ehrlich and Kathleen O'Connor Ives


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 relative to the use of elephants in traveling animal acts.






Lori A. Ehrlich

8th Essex

Kathleen O'Connor Ives

First Essex

James Arciero

2nd Middlesex

Bruce J. Ayers

1st Norfolk

Ruth B. Balser

12th Middlesex

Michael D. Brady

Second Plymouth and Bristol

Linda Dean Campbell

15th Essex

James M. Cantwell

4th Plymouth

Mike Connolly

26th Middlesex

Josh S. Cutler

6th Plymouth

Marjorie C. Decker

25th Middlesex

Michelle M. DuBois

10th Plymouth

James J. Dwyer

30th Middlesex

Carolyn C. Dykema

8th Middlesex

James B. Eldridge

Middlesex and Worcester

William C. Galvin

6th Norfolk

Denise C. Garlick

13th Norfolk

Colleen M. Garry

36th Middlesex

Danielle W. Gregoire

4th Middlesex

Jonathan Hecht

29th Middlesex

Paul R. Heroux

2nd Bristol

Natalie Higgins

4th Worcester

Bradford R. Hill

4th Essex

Kevin G. Honan

17th Suffolk

Kay Khan

11th Middlesex

Peter V. Kocot

1st Hampshire

John J. Lawn, Jr.

10th Middlesex

Jack Lewis

7th Middlesex

Jason M. Lewis

Fifth Middlesex

David Paul Linsky

5th Middlesex

Jay D. Livingstone

8th Suffolk

Joan B.  Lovely

Second Essex

Adrian Madaro

1st Suffolk

Paul McMurtry

11th Norfolk

Leonard Mirra

2nd Essex

Michael O. Moore

Second Worcester

James M. Murphy

4th Norfolk

Harold P. Naughton, Jr.

12th Worcester

Patrick M. O'Connor

Plymouth and Norfolk

Alice Hanlon Peisch

14th Norfolk

Denise Provost

27th Middlesex

Angelo J. Puppolo, Jr.

12th Hampden

David M. Rogers

24th Middlesex

John H. Rogers

12th Norfolk

Daniel J. Ryan

2nd Suffolk

Jeffrey Sánchez

15th Suffolk

Frank I. Smizik

15th Norfolk

Thomas M. Stanley

9th Middlesex

Bruce E. Tarr

First Essex and Middlesex

José F. Tosado

9th Hampden

Steven Ultrino

33rd Middlesex

Chris Walsh

6th Middlesex

HOUSE DOCKET, NO. 295        FILED ON: 1/11/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 418

By Representative Ehrlich of Marblehead and Senator O'Connor Ives, a joint petition (accompanied by bill, House, No. 418) of Lori A. Ehrlich and others relative to the use of elephants in traveling animal acts.  Environment, Natural Resources and Agriculture.


The Commonwealth of Massachusetts



In the One Hundred and Ninetieth General Court



An Act relative to the use of elephants in traveling animal acts.


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. The General Laws are hereby amended by inserting after chapter 131A the following chapter:-


Section 1. Definitions.

The following words shall have the following meanings unless the context clearly requires otherwise:

“Mobile or traveling housing facility,” a transporting vehicle such as a truck, trailer or railway car, used to transport or house animals while traveling for exhibition or other performance.

“Performance,” any exhibition, public showing, presentation, display, exposition, fair, animal act, circus, ride, trade show, petting zoo, carnival, parade, race, or similar undertaking in which animals are required to perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of a live audience.

“Person,” an individual, corporation, firm, partnership, joint venture, limited liability company, estate, trust, receiver, syndicate, association, or other legal entity.

“Traveling animal act,” any performance of animals where such animals are transported to, from, or between locations for the purpose of such performance, in a mobile or traveling housing facility.

Section 2. Prohibition.

To the extent that such activity is not prohibited by chapter 272, section 77B of the General Laws, and notwithstanding any other provision of law, no person shall allow for the participation of an elephant in a traveling animal act.

Section 3. Civil Penalty.

Any person who violates this chapter shall be subject to a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000), per animal involved in the violation.

Section 4. Enforcement.

(a) Any officer or agent authorized by the department, or law enforcement officer of the state or of any unit of local government within the state may enforce the provisions of this chapter.

(b) The director of the division of fish and wildlife, department of fisheries, wildlife and environmental law enforcement may adopt rules relating to the implementation of this chapter.

SECTION 2. The provisions of this Act are in addition to, and not in lieu of, any other laws protecting animal welfare. This section may not be construed to limit any state law or rules protecting the welfare of animals or to prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations.

SECTION 3. If any part, section or subdivision of this chapter, or the application thereof, shall be held invalid, unconstitutional or inoperative as to any particular person, persons or conditions, the remainder hereof, or the application of any such part, section or subdivision to other persons and conditions, shall not be affected thereby.

SECTION 4. This Act shall take effect on January 1, 2018.