SENATE DOCKET, NO. 1328        FILED ON: 1/19/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1898

The Commonwealth of Massachusetts

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PRESENTED BY:

Kathleen O'Connor Ives

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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 relative to the use of elephants in traveling animal acts.

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PETITION OF:

SENATE DOCKET, NO. 1328        FILED ON: 1/19/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1898

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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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:
 

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:-

CHAPTER 131B.

USE OF ELEPHANTS IN TRAVELING ANIMAL ACTS PROHIBITED.

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.