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A00464 Summary:

COSPNSRSepulveda, Lupardo, Mosley, Otis, Magee, Woerner, Lawrence, Zebrowski, Dinowitz, Rosenthal L, Skoufis, Barrett, Benedetto, Fahy, Steck, Gottfried
MLTSPNSREnglebright, Glick, McDonough, Skartados
Add §380, Ag & Mkts L; add §11-0540, En Con L
Enacts the "elephant protection act" to prohibit the use of elephants in entertainment acts.
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A00464 Actions:

01/09/2017referred to agriculture
05/10/2017amend (t) and recommit to agriculture
05/10/2017print number 464a
05/16/2017reported referred to codes
05/16/2017amend and recommit to codes
05/16/2017print number 464b
05/25/2017advanced to third reading cal.483
06/05/2017substituted by s2098b
 05/09/20171ST REPORT CAL.775
 05/10/20172ND REPORT CAL.
 05/15/2017AMENDED (T) 2098A
 05/23/2017PASSED SENATE
 05/23/2017referred to codes
 06/05/2017substituted for a464b
 06/05/2017ordered to third reading cal.483
 06/06/2017passed assembly
 06/06/2017returned to senate
 10/19/2017SIGNED CHAP.333
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A00464 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
        Introduced  by M. of A. PAULIN, SEPULVEDA, LUPARDO, MOSLEY, OTIS, MAGEE,
          BENEDETTO  -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT, GLICK, SKAR-
          TADOS -- read once and referred to the  Committee  on  Agriculture  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- reported and referred to the  Commit-
          tee  on Codes -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee
        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
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "elephant protection act".
     3    § 2. Legislative findings. The legislature hereby finds that:
     4    a. elephant abuse is a matter of worldwide concern, and the state as a
     5  recognized environmental leader should help assure  the  protection  and
     6  welfare of elephants;
     7    b.  it  is  widely  recognized  that  elephants used for entertainment
     8  purposes ("entertainment elephants") suffer physical  and  psychological
     9  harm  due  to  the  living  conditions  and  treatment to which they are
    10  subjected, resulting in increased mortality with life  spans  only  one-
    11  half as long as wild elephants;
    12    c.  entertainment  elephants  are  trained  with cruel techniques that
    13  involve the use of objects to control and  punish,  such  as  bullhooks,
    14  electric  shocks,  metal bars, whips, chaining, and other forms of phys-
    15  ical restriction and painful coercion;
    16    d. entertainment elephants live in conditions that are in no way simi-
    17  lar to their natural habitat, including an  unnatural  diet,  restricted
    18  movement, inappropriate housing and a hostile climate;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 464--B                           2
     1    e.  entertainment  elephants  are  subjected to confinement and social
     2  isolation,  leading  to  physiological,  behavioral  and   psychological
     3  impairments;
     4    f.  entertainment elephants transported into the state spend a signif-
     5  icant portion of their lives inside trucks, trains or trailers, enduring
     6  additional physical restrictions and social isolation;
     7    g. the use of elephants in entertainment provides a false and  inaccu-
     8  rate  educational  experience  for  children and adults, often including
     9  performance tricks that are never executed by elephants in the wild  and
    10  that are stressful or harmful to the animal; and
    11    h.  it  is in the best interest of the state that the use of elephants
    12  in entertainment be prohibited, and that the state use its authority  to
    13  aid in the protection and welfare of these animals.
    14    §  3.  The  agriculture  and  markets  law  is amended by adding a new
    15  section 380 to read as follows:
    16    § 380. Use of elephants in entertainment acts. 1. No person shall  use
    17  or cause to be used elephants in any type of entertainment act.
    18    2.  Any  person  that  violates the provisions of this section, or any
    19  rule or regulation promulgated pursuant thereto, may be assessed, by the
    20  commissioner, a civil penalty not to exceed  one  thousand  dollars  for
    21  each such violation.
    22    3. The provisions of this section shall not apply to:
    23    (a)  institutions accredited by the Association of Zoos and Aquariums;
    24  and
    25    (b) wildlife sanctuaries  as  defined  in  subdivision  thirty-two  of
    26  section 11-0103 of the environmental conservation law.
    27    4. As used in this section:
    28    (a) "Elephant" means the three species of the family Elephantidae:
    29    (i) Loxodonta africana and Loxodonta cyclotis, also known as the Afri-
    30  can elephant; and
    31    (ii)  Elephas  maximus,  also  known  as  the Asian elephant or Indian
    32  elephant.
    33    (b) "Entertainment act" means any exhibition, act, circus, trade show,
    34  carnival, ride, parade, race, performance or similar  undertaking  which
    35  is  primarily  undertaken  for  the entertainment or amusement of a live
    36  audience.
    37    (c) "Person"  means  an  individual,  partnership,  limited  liability
    38  company,  corporation,  joint venture, association, trust, estate or any
    39  other legal entity, and  any  officer,  member,  shareholder,  director,
    40  employee, agent or representative of any such entity.
    41    §  4.  The  environmental  conservation law is amended by adding a new
    42  section 11-0540 to read as follows:
    43  § 11-0540. Prohibition on permits authorizing the use  of  elephants  in
    44               entertainment acts.
    45    The  department  shall  not  issue  any  license  or permit that would
    46  authorize the use of an elephant in an  entertainment  act  pursuant  to
    47  section three hundred eighty of the agriculture and markets law.
    48    § 5. This act shall take effect two years after it shall have become a
    49  law. Provided, however, that effective immediately, the addition, amend-
    50  ment and/or repeal of any rule or regulation necessary for the implemen-
    51  tation  of  the provisions of this act on its effective date are author-
    52  ized and directed to be completed on or before such date.
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