S07805 Summary:

BILL NOS07805
 
SAME ASSAME AS A10171
 
SPONSORMURPHY
 
COSPNSR
 
MLTSPNSR
 
Add 380, Ag & Mkts L
 
Enacts the "elephant protection act" to prohibit the use of elephants in entertainment acts.
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S07805 Actions:

BILL NOS07805
 
05/12/2016REFERRED TO AGRICULTURE
06/16/2016COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/16/2016ORDERED TO THIRD READING CAL.1911
06/16/2016PASSED SENATE
06/16/2016DELIVERED TO ASSEMBLY
06/16/2016referred to agriculture
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S07805 Memo:

Memo not available
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S07805 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7805
 
                    IN SENATE
 
                                      May 12, 2016
                                       ___________
 
        Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture
 
        AN ACT to amend the agriculture and markets law, in relation to  prohib-
          iting 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;
    19    e. entertainment elephants are subjected  to  confinement  and  social
    20  isolation,   leading  to  physiological,  behavioral  and  psychological
    21  impairments;
    22    f. entertainment elephants transported into the state spend a  signif-
    23  icant portion of their lives inside trucks, trains or trailers, enduring
    24  additional physical restrictions and social isolation;
    25    g.  the use of elephants in entertainment provides a false and inaccu-
    26  rate educational experience for children  and  adults,  often  including
    27  performance  tricks that are never executed by elephants in the wild and
    28  that are stressful or harmful to the animal; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14987-01-6

        S. 7805                             2
 
     1    h. it is in the best interest of the state that the use  of  elephants
     2  in  entertainment be prohibited, and that the state use its authority to
     3  aid in the protection and welfare of these animals.
     4    §  3.  The  agriculture  and  markets  law  is amended by adding a new
     5  section 380 to read as follows:
     6    § 380. Use of elephants in entertainment  acts.  1.  No  person  shall
     7  conduct  or  operate a display of elephants in any type of entertainment
     8  act.
     9    2. Any person that violates the provisions of  this  section,  or  any
    10  rule or regulation promulgated pursuant thereto, may be assessed, by the
    11  commissioner,  a civil penalty of not more than ten thousand dollars for
    12  each such  violation.  Each  violation  and  each  day  during  which  a
    13  violation continues shall constitute a separate violation.
    14    3. The provisions of this section shall not apply to:
    15    (a) institutions accredited by the Association of Zoos and Aquariums;
    16    (b) any wildlife sanctuary; and
    17    (c) not-for-profit environmental education programs.
    18    4. As used in this section:
    19    (a) "Elephant" means the two species of the family Elephantidae:
    20    (i) Loxodonta africana, also known as the African elephant; and
    21    (ii)  Elephas  maximus,  also  known  as  the Asian elephant or Indian
    22  elephant.
    23    (b) "Entertainment act" means any exhibition, act, circus, trade show,
    24  carnival, ride, parade, race, performance or similar undertaking.
    25    (c) "Environmental education program" means animal use  or  exhibition
    26  that  is  devoted to imparting knowledge or information about the exhib-
    27  ited animal's behavior, habitat, life cycle, migratory patterns, feeding
    28  habits or similar pedagogical information, and that is conducted  by  an
    29  individual  or  individuals who are accredited or similarly qualified to
    30  impart such information. At no time  during  an  educational  exhibition
    31  shall  any  animal  be  made to perform any behavior that is not intrin-
    32  sically natural to such animal.
    33    (d) "Person"  means  an  individual,  partnership,  limited  liability
    34  company,  corporation,  joint venture, association, trust, estate or any
    35  other legal entity, and  any  officer,  member,  shareholder,  director,
    36  employee, agent or representative of any such entity.
    37    (e)  "Wildlife  sanctuary" means a 501(c)(3) organization described in
    38  section 170(b)(1)(A)(vi) of the Internal  Revenue  Code  1986,  and  its
    39  subsequent amendments where:
    40    (i)  no  commercial trade in animals occurs including, but not limited
    41  to, sale of animals, animal parts, by-products, offspring,  photographic
    42  opportunities or public events for financial profit, or any other enter-
    43  tainment purposes; and
    44    (ii)  no  propagation  of  animals occurs in the facility; no escorted
    45  public visitation of animals is allowed; no direct contact  between  the
    46  public  and  wild animals is allowed; and animals are not taken from the
    47  sanctuary or enclosures for exhibition.
    48    § 4. 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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