Bill Text
SENATE
DOCKET, NO. 1292 FILED ON: 1/13/2009
SENATE . . . . . . . . . .
. . . . No. 1870
The Commonwealth of
Massachusetts
_______________
PRESENTED BY:
Mr. 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 passage
of the accompanying bill:
An Act relating to the treatment of
elephants.
_______________
PETITION OF:
Name:
|
District/Address:
|
Mr. Hedlund
|
Plymouth and Norfolk
|
Bruce E. Tarr
|
First Essex and Middlesex
|
Scott P. Brown
|
Norfolk, Bristol and Middlesex
|
Lida E. Harkins
|
13th Norfolk
|
John P. Fresolo
|
16th Worcester
|
Anne M. Gobi
|
5th Worcester
|
Christine E. Canavan
|
10th Plymouth
|
Lori Ehrlich
|
8th Essex
|
Susan C. Tucker
|
Second Essex and Middlesex
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Mark C. Montigny
|
Second Bristol and Plymouth
|
Bruce J. Ayers
|
1st Norfolk
|
Bill Bowles
|
2nd Bristol
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Michael Brady
|
9th Plymouth
|
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE SENATE, NO. S02002 OF 2007-2008.]
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
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. |