Prohibits cruel treatment of elephants

BILL NUMBER:S6669

Title of bill

An act to amend the agriculture and markets law, in relation to prohibiting cruel treatment of elephants

Purpose or general idea of bill

The purpose of this legislation is to prohibit acts of cruelty on or to an elephant in order to ensure their safety and well being.

Summary of specific provisions

Section one adds a new section 380 to prohibit any person from committing acts or possessing implements which are likely to cause injury or death to an elephant. Violations to this section shall constitute a class E felony. Nothing in this section shall be construed to affect any other protections afforded to elephants under any other provision of this article or any other law. Nothing in this section shall prohibit the enactment of local laws or ordinances governing or restricting the use of elephants that are more stringent. Nothing shall be construed to prohibit a veterinarian from performing necessary treatment on an elephant.

Section two provides the effective date.

Justification

Elephants used for exhibition have been subjected to abusive handling, training and discipline techniques, including, for example, the use of bullhooks, shocking devices, whips and chains. According to the Animals and Society Institute in its report entitled, "Elephants in Circuses: Analysis of Practice Policy, and Future," "Early trauma, chronic stress, and severe deprivation are common to most, if not all, close-confinement institutions, notably circuses and zoos. These conditions lead, to severe psychobiological and physiological damage to elephants in captivity. The added stress and trauma exerted by such practices as beating, negative reinforcement, chaining, physical abuse, and social isolation further undermine elephant wellbeing..."

Corporal punishment also increases behavioral stress and aggression in elephants, thus creating public health and safety concerns. According to a report published by the Performing Welfare Society, an average of one elephant keeper is killed by a captive elephant every year. Some of these incidents can be attributed to harsh training and handling methods. When elephants are restrained for long periods of time, they are also more susceptible to degenerative joint disease due to the lack of circulation in their legs and to infection if their foot pads are not carefully maintained. This legislation will help to prevent abusive training and handling of elephants in our state and will better protect the safety and welfare of the public.

Legislative history

This is a new bill.

Fiscal implications

None to the state.

Effective date

This act shall take effect on the ninetieth day after it shall become law.