SENATE DOCKET, NO. 1246        FILED ON: 2/12/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2251

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bruce E. Tarr

_________________

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, big cats, primates, giraffes, and bears in traveling exhibits and shows.

_______________

PETITION OF:

 

Name:

District/Address:

 

Bruce E. Tarr

First Essex and Middlesex

 

Lori A. Ehrlich

8th Essex

 

Bradley H. Jones, Jr.

20th Middlesex

 

Edward J. Kennedy

First Middlesex

2/16/2021

Steven G. Xiarhos

5th Barnstable

2/18/2021

Mathew J. Muratore

1st Plymouth

2/22/2021

Adam J. Scanlon

14th Bristol

2/22/2021

Jack Patrick Lewis

7th Middlesex

2/22/2021

David F. DeCoste

5th Plymouth

2/22/2021

Angelo J. Puppolo, Jr.

12th Hampden

2/23/2021

Joseph D. McKenna

18th Worcester

2/23/2021

Adam Gomez

Hampden

2/24/2021

Kay Khan

11th Middlesex

2/25/2021

Brendan P. Crighton

Third Essex

2/25/2021

Patrick M. O'Connor

Plymouth and Norfolk

2/25/2021

Patrick Joseph Kearney

4th Plymouth

2/26/2021

James B. Eldridge

Middlesex and Worcester

3/1/2021

Jason M. Lewis

Fifth Middlesex

3/2/2021

Joanne M. Comerford

Hampshire, Franklin and Worcester

3/4/2021

Brian M. Ashe

2nd Hampden

3/9/2021

Hannah Kane

11th Worcester

3/15/2021

Thomas M. Stanley

9th Middlesex

3/30/2021

Bradford Hill

4th Essex

4/1/2021

Sal N. DiDomenico

Middlesex and Suffolk

4/2/2021

Julian Cyr

Cape and Islands

4/15/2021

Walter F. Timilty

Norfolk, Bristol and Plymouth

4/29/2021

Paul R. Feeney

Bristol and Norfolk

8/10/2021

Cindy F. Friedman

Fourth Middlesex

9/22/2021

Vanna Howard

17th Middlesex

9/23/2021

Adam G. Hinds

Berkshire, Hampshire, Franklin and Hampden

10/13/2021

Christopher Hendricks

11th Bristol

11/15/2021


SENATE DOCKET, NO. 1246        FILED ON: 2/12/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2251

By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2251) of Bruce E. Tarr, Adam Gomez, Lori A. Ehrlich, Bradley H. Jones, Jr. and other members of the General Court for legislation relative to the use of elephants, big cats, primates, giraffes, and bears in traveling exhibits and shows.  Tourism, Arts and Cultural Development.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

An Act relative to the use of elephants, big cats, primates, giraffes, and bears in traveling exhibits and shows.

 

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 COVERED ANIMALS IN TRAVELING ANIMAL ACTS PROHIBITED.

Section 1. Definitions.

The following words shall have the following meanings unless the context clearly

requires otherwise:

“Covered animal,” any of the following animals, and hybrids thereof:

(a) Elephantidae;

(b) Felidae: lions (Panthera leo), tigers (Panthera tigris), leopards (Panthera pardus),

clouded leopards (Neofelis nebulosa and Neofelis diardi), snow leopards (Panthera uncia),

jaguars (Panthera onca), cheetahs (Acinonyx jubatus), mountain lions (Puma concolor), including any hybrids thereof;

(c) Non-human primate;

(d) Ursidae; and

(e) Giraffidae.”

“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.

(a) To the extent that such activity is not prohibited by Section 77B of Chapter 272, and notwithstanding any other provision of law, no person shall allow for the participation of a covered animal in a traveling animal act.

(b) This chapter shall not apply to a performance that takes place at a non-mobile, permanent institution or other fixed facility, provided that the covered animal is not transported to such location for the purpose of such performance.

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, 2022.