NY State Senate Bill 2009-S4964

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to agriculture
Apr 27, 2009	referred to agriculture

co-Sponsors

2009-S4964 (ACTIVE) - Details

See Assembly Version of this Bill:: A1000
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §359-b, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:: S1854, A76

2009-S4964 (ACTIVE) - Summary

Regulates the treatment and display of elephants; requires persons who bring elephants into the state as part of a traveling exhibition to file an itinerary of the elephant's stay in the state with the department of agriculture and markets at least 30 days before the elephant arrives in the state; authorizes the imposition of up to a $1,000 civil penalty for failure to file such itinerary; establishes requirements for the transportation of elephants

2009-S4964 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4964

 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.

2009-S4964 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4964

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- 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  the
  display of elephants

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The agriculture and markets law is amended by adding a  new
section 359-b to read as follows:
  S  359-B.  DISPLAY  OF  ELEPHANTS.  1.  DEFINITIONS.  AS  USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL MEAN:
  A. "DISPLAY" MEANS ANY EXHIBIT, ACT, CIRCUS, PUBLIC SHOW, TRADE  SHOW,
PHOTOGRAPHIC OPPORTUNITY, CARNIVAL, PARADE, PETTING ZOO OR ZOO.
  B.  "TRAVELING EXHIBITION" MEANS A DISPLAY THAT HAS NO PERMANENT LEGAL
RESIDENCE OR SITUS IN THIS STATE, OR WHICH REMAINS CONTINUOUSLY  AT  ANY
SINGLE LOCATION IN THE STATE FOR LESS THAN SIXTY DAYS.
  2.  TRAVELING  EXHIBITIONS;  FILE  ITINERARY. ANY PERSON WHO BRINGS AN
ELEPHANT (ELEPHANTIDAE) INTO THIS STATE AS PART OF A  TRAVELING  EXHIBI-
TION  SHALL,  NOT  LESS  THAN THIRTY DAYS PRIOR TO SUCH ELEPHANT'S ENTRY
INTO THE STATE, FILE WITH THE DEPARTMENT A COPY OF THE ITINERARY OF  THE
ELEPHANT'S  ENTRY INTO, STAY IN AND DEPARTURE FROM THE STATE. SUCH ITIN-
ERARY SHALL INCLUDE THE  DATE  AND  LOCATION  OF  EACH  DISPLAY  OF  THE
ELEPHANT  IN  THIS  STATE.  THE DEPARTMENT SHALL BE NOTIFIED IN A TIMELY
MANNER OF EACH CHANGE IN A FILED ITINERARY, SO THAT THE  DEPARTMENT  HAS
NOTICE  OF THE LOCATION OF EACH ELEPHANT WHILE IT IS IN THIS STATE. EACH
AND EVERY VIOLATION OF THIS SUBDIVISION SHALL  BE  SUBJECT  TO  A  CIVIL
PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS.
  3.  TRANSPORTATION  REQUIREMENTS. IN ADDITION TO ANY OTHER REQUIREMENT
IMPOSED PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE AMBIENT  TEMPER-
ATURE  OF  ANY  COMPARTMENT IN WHICH AN ELEPHANT IS TRANSPORTED WHILE IN
THE STATE SHALL BE MAINTAINED BETWEEN FORTY-FIVE DEGREES AND EIGHTY-FIVE
DEGREES FAHRENHEIT. FURTHERMORE, SUCH COMPARTMENT SHALL BE VENTILATED IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01568-01-9

S. 4964                             2

A MANNER THAT PREVENTS THE ACCUMULATION OF NOXIOUS FUMES OR  ODORS.  THE
OWNER,  AGENT, CONSIGNEE OR PERSON IN CHARGE OF AN ELEPHANT TRANSPORT IN
VIOLATION OF THE PROVISIONS OF THIS SUBDIVISION SHALL  BE  GUILTY  OF  A
CLASS E FELONY.
  4. INSPECTION. 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,  ENTER  AN  AREA  OR COMPARTMENT WHERE ANY ELEPHANT IS
BEING KEPT TO INSPECT SUCH AREA OR  COMPARTMENT  AND  THE  ELEPHANT  FOR
COMPLIANCE  WITH  THE  PROVISIONS OF THIS ARTICLE, ARTICLE ELEVEN OF THE
ENVIRONMENTAL CONSERVATION LAW, AND THE RULES  AND  REGULATIONS  ADOPTED
PURSUANT  THERETO.  EACH  PERSON  IN CHARGE OF AN ELEPHANT SHALL PROVIDE
SUCH ASSISTANCE AS SHALL BE NECESSARY TO PERFORM SUCH INSPECTION.
  5. TETHERING. EVERY ELEPHANT SHALL HAVE ITS LEGS  UNTETHERED  FOR  NOT
LESS  THAN  ONE  HOUR  EACH DAY, NOT INCLUDING ANY PERIOD OF TIME DURING
WHICH THE ELEPHANT IS ON PUBLIC DISPLAY. ANY  PERSON  IN  CHARGE  OF  AN
ELEPHANT  TETHERED IN VIOLATION OF THIS SUBDIVISION SHALL BE GUILTY OF A
CLASS E FELONY.
  6. PROHIBITED EQUIPMENT. NO PERSON SHALL USE  UPON  ANY  ELEPHANT  ANY
DEVICE  WHICH  EMITS AN ELECTRIC CURRENT OR SHOCK, OR ANY HOOKED INSTRU-
MENT IN A MANNER THAT CAUSES DAMAGE, SCARRING OR BREAKAGE TO THE SKIN OF
SUCH ELEPHANT. A VIOLATION OF THIS SUBDIVISION SHALL CONSTITUTE A  CLASS
E FELONY.
  7.  PROHIBITED  CONTACT.  NO  PERSON  OWNING OR HAVING CONTROL   OF AN
ELEPHANT SHALL 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 SHALL  CONSTITUTE  A  CLASS  E
FELONY.
  8. NOTWITHSTANDING THE PROVISIONS OF SECTION THREE HUNDRED FIFTY-THREE
OF  THIS  ARTICLE,  ANY  VIOLATION  OF  SUCH  SECTION  COMMITTED UPON AN
ELEPHANT SHALL CONSTITUTE A CLASS D FELONY.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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Senate Bill S4964

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

2009-S4964 (ACTIVE) - Details

2009-S4964 (ACTIVE) - Summary

2009-S4964 (ACTIVE) - Sponsor Memo

2009-S4964 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4964

Share this bill

Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

Ruben Diaz

Jose M. Serrano

2009-S4964 (ACTIVE) - Details

2009-S4964 (ACTIVE) - Summary

2009-S4964 (ACTIVE) - Sponsor Memo

2009-S4964 (ACTIVE) - Bill Text download pdf

Comments