Regulates the treatment and display of elephants

2 Co-sponsors

• Ruben Diaz
• José M. Serrano

Title of bill

An act to amend the agriculture and markets law, in relation to the display of elephants

Purpose or general idea of bill

The purpose of this legislation is to regulate the treatment and display of elephants in order to ensure their safety and well being

Summary of specific provisions

Section one amends the agriculture and markets law by adding a new section 359-b. Subdivision one defines "display" and "traveling exhibition." Subdivision two requires any person who brings an elephant into this state to file certain information with the department thirty days prior to the elephant's entry into the state. Violations of this subdivision shall result in a civil penalty of not more than one thousand dollars. Subdivision three sets requirements for the transportation of elephants including the required temperature and necessary ventilation for the compartment in which any elephant is transported. The owner, agent, consignee, or person in charge of an elephant transport in violation of this provision shall be guilty of a class E felony. Subdivision four provides that the commissioner, any duly designated representative of the commissioner, any veterinarian employed by the department or any veterinarian acting at the direction of the commissioner may, at any reasonable time, inspect any area where an elephant is being kept. Each person in charge of an elephant shall provide assistance, as needed, to perform such inspection. Subdivision five provides that every elephant shall have its leg s un-tethered for not less than one hour a day, not including the time during which the elephant is on public display. Anyone in charge of an elephant tethered in violation of this subdivision shall be guilty of a class E felony. Subdivision six provides that no person shall use, on any elephant, any device which emits an electric current or shock, or any hooked instrument in a manner that causes damage, scarring or breakage to the skin of such elephant. Any violation of this subdivision is a class E felony. Subdivision seven provides that any person owning or having control of an elephant shall not knowingly allow any person to ride such elephant, unless such person is engaged in training, exhibiting or providing care to the elephant. A violation of this subdivision is a class E felony. Subdivision eight provides t hat notwithstanding the provisions of section three hundred and fifty-three of this article, any violation of such section committed upon an elephant shall constitute a class D felony.

Section two defines the effective date as the one hundred twentieth day after it shall have become law.

Justification

Across the state, elephants are on display at circuses and traveling exhibitions and are mistreated in a variety of ways. Specifically, they are constantly chained and withstand abusive and excessive training which includes the use of electric prods and grappling hooks. When traveling to different locations, elephants are often transported in dirty compartments that are excessively hot or cold. Elephants are highly intelligent and naturally social animals. Attacks on humans generally occur when ill-treated elephants become angry and aggressive. This legislation will help to prevent abusive training of elephants within our state. It will promote safer, healthier, more humane conditions for elephants while traveling through and performing in New York, thereby decreasing the incidence of attacks on humans.

Legislative history

A.7255 (2008 and 2007), referred to agriculture.

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred twentieth day after it shall become law.