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SENATE DOCKET, NO. 479         FILED ON: 1/19/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1706

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

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:

Robert L. Hedlund

 

Cheryl A. Coakley-Rivera

10th Hampden

James M. Murphy

4th Norfolk

Carl M. Sciortino, Jr.

34th Middlesex

Thomas M. Stanley

9th Middlesex

Anne M. Gobi

5th Worcester

Richard J. Ross

Norfolk, Bristol, and Middlesex

Susan C. Fargo

 

Jason M. Lewis

31st Middlesex

Denise Provost

27th Middlesex

Frank I. Smizik

15th Norfolk

Denise Andrews

2nd Franklin

Byron Rushing

9th Suffolk

Christine E. Canavan

10th Plymouth

Michael D. Brady

9th Plymouth

Timothy R. Madden

Barnstable, Dukes and Nantucket

Thomas P. Conroy

13th Middlesex

Cory Atkins

14th Middlesex

Bruce E. Tarr

 

William N. Brownsberger

 

Lori A. Ehrlich

8th Essex

James M. Cantwell

4th Plymouth

Gale D. Candaras

 

James B. Eldridge

 

Sheila C. Harrington

1st Middlesex

Karen E. Spilka

 

Paul Adams

17th Essex

Jonathan Hecht

29th Middlesex


SENATE DOCKET, NO. 479        FILED ON: 1/19/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1706

By Mr. Hedlund, a petition (accompanied by bill, Senate, No. 1706) of Robert L. Hedlund, Cheryl A. Coakley-Rivera, James M. Murphy, Carl M. Sciortino, Jr. and other members of the General Court for legislation relative to the treatment of elephants.  Tourism, Arts and Cultural Development. 

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1870 OF 2009-2010.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

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.

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