NY State Senate Bill 2017-S273

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to agriculture
Jan 04, 2017	referred to agriculture

2017-S273 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §380, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6669
2015-2016: S56

2017-S273 (ACTIVE) - Summary

Prohibits cruel treatment of elephants; prohibits the possession of certain devices; prohibits the use of certain devices on elephants; prohibits acts which cause pain, injury or death to an elephant

2017-S273 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S273

 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 :

S.56 of 2015-2016 (Hoylman): Died in Agriculture
A.1555 of 2015-2016 (Paulin): Died in Agriculture
S.6669 of 2014 (Hoylman): Died in Agriculture
A.3154-A of 2013-2014 (Paulin): Died in Agriculture

 FISCAL IMPLICATIONS :

None to the state.

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

2017-S273 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    273
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 cruel treatment 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 380 to read as follows:
   § 380. CRUELTY TO ELEPHANTS. 1. IT SHALL BE UNLAWFUL FOR ANY PERSON TO
 COMMIT ANY OF THE FOLLOWING ACTS ON OR TO AN ELEPHANT:
   (A) USING A BULLHOOK, ANKUS, OR SIMILAR DEVICE;
   (B) USING ELECTRICITY OR ANY SHOCKING DEVICE;
   (C) USING MARTINGALES, WHIP, OR BLOCK AND TACKLE;
   (D)  HITTING, BEATING, PUNCHING, KICKING, OR ENGAGING IN ANY OTHER ACT
 WHICH COULD CAUSE PAIN OR INJURY;
   (E) INSERTING ANY INSTRUMENT INTO ANY BODILY ORIFICE;
   (F) USING CHAINS FOR THE PURPOSE OF RESTRAINING OR TYING  DOWN  EXCEPT
 FOR THE LIMITED PURPOSE OF PROTECTING PUBLIC SAFETY;
   (G) DEPRIVING OF ADEQUATE FOOD, WATER, OR REST; OR
   (H) COMMITTING ANY OTHER PRACTICES WHICH ARE LIKELY TO CAUSE INJURY OR
 DEATH TO AN ELEPHANT.
   2.  NO PERSON SHALL POSSESS ANY DEVICE WHICH EMITS AN ELECTRIC CURRENT
 OR SHOCK OR ANY INSTRUMENT THAT MAY REASONABLY RESULT IN  DAMAGE,  SCAR-
 RING  OR  BREAKAGE  TO  THE  SKIN  OF  AN ELEPHANT IN THE PRESENCE OF AN
 ELEPHANT. FOR THE PURPOSES OF THIS SUBDIVISION, SUCH IMPLEMENT OR DEVICE
 INCLUDES, BUT IS NOT LIMITED TO, A BULLHOOK,  ANKUS,  OR  OTHER  SIMILAR
 DEVICE.
   3. ANY VIOLATION OF THIS SECTION SHALL CONSTITUTE A CLASS E FELONY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05186-01-7

 S. 273                              2
 
   4.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED TO AFFECT ANY OTHER
 PROTECTIONS AFFORDED TO ELEPHANTS UNDER  ANY  OTHER  PROVISION  OF  THIS
 CHAPTER OR ANY OTHER LAW.
   5.  NOTHING  CONTAINED  IN  THIS SECTION SHALL PREVENT ANY TOWN, CITY,
 VILLAGE, OR COUNTY IN THE STATE FROM ENACTING A LOCAL LAW  OR  ORDINANCE
 GOVERNING  OR  RESTRICTING  THE USE OF ELEPHANTS WITHIN SUCH TOWN, CITY,
 VILLAGE, OR COUNTY PROVIDED, HOWEVER, THAT  NO  SUCH  LAW  OR  ORDINANCE
 SHALL BE LESS STRINGENT THAN THIS SECTION.
   6.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A VETERINA-
 RIAN FROM PERFORMING NECESSARY TREATMENT ON AN ELEPHANT.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

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2017-S273 (ACTIVE) - Details

2017-S273 (ACTIVE) - Summary

2017-S273 (ACTIVE) - Sponsor Memo

2017-S273 (ACTIVE) - Bill Text download pdf

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

2017-S273 (ACTIVE) - Details

2017-S273 (ACTIVE) - Summary

2017-S273 (ACTIVE) - Sponsor Memo

2017-S273 (ACTIVE) - Bill Text download pdf

Comments