NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A464B
SPONSOR: Paulin (MS) TITLE OF BILL:
An act to amend the agriculture and markets law and the environmental
conservation law, in relation to prohibiting the use of elephants in
entertainment acts
PURPOSE:
To provide that no person shall use or cause to be used elephants in any
type of entertainment act
SUMMARY OF PROVISIONS:
Section 1 provides that this act shall be known as the "Elephant
Protection Act."
Section 2 includes legislative findings.
Section 3 amends the agriculture and markets law by adding a new section
380, which provides that no person shall use or cause to be used
elephants in any type of entertainment act. This section also provides
that an entertainment act that fails to comply with this section may be
subject to a civil penalty. Exemptions from the provisions of this
section are set forth. There is also a definitions section.
Section 4 amends the environmental conservation law by adding a new
section 11-0540 to provide that no license or permit shall be issued for
the purposes of using an elephant in an entertainment act.
Section 5 provides the effective date.
JUSTIFICATION:
Elephants are complex, highly intuitive and intelligent animals. Circus
elephants normally start their training at 18 to 24 months old. These
animals are often intentionally dispirited, through a process known as
"breaking," whereby trainers use extreme physical restraint and
infliction of harm, such as hooking or stabbing of sensitive spots on
the body, in order to gain the animal's submission. The elephants are
denied positive mental and physical stimulation, they lack proper exer-
cise, and are chained up to 22 hours each day. Furthermore, they are
forced to stand for long hours, which can lead to foot diseases and
arthritis, conditions which are the top causes of death among captive
elephants.
Shifts in societal attitudes concerning captive elephants are evidenced
by Ringling Bros. and Barnum & Bailey's 2015 announcement to remove
elephants from their acts in 2016, one year ahead of schedule because of
widespread public pressure. The purpose of the Elephant Protection Act
is to safeguard elephants from the physical and psychological harm
inflicted upon them by living conditions, treatment, and cruel methods
that are necessary to train elephants to perform in entertainment acts.
New York State is in a position to protect the welfare of these animals
and to remove them from all circuses and entertainment performances.
LEGISLATIVE HISTORY:
A.10171 of 2016, referred to agriculture.
Same as S.7805 of 2016 passed in the senate.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Effective two years after it shall have become law.
