The New York State Senate

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

                                   464

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2017
                               ___________

Introduced  by M. of A. PAULIN, SEPULVEDA, LUPARDO, MOSLEY, OTIS, MAGEE,
  WOERNER, LAWRENCE, ZEBROWSKI, DINOWITZ -- Multi-Sponsored by -- M.  of
  A.    ENGLEBRIGHT, GLICK -- read once and referred to the Committee on
  Agriculture

AN ACT to amend the agriculture and markets law, in relation to  prohib-
  iting the use of elephants in entertainment acts

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "elephant protection act".
  § 2. Legislative findings. The legislature hereby finds that:
  a. elephant abuse is a matter of worldwide concern, and the state as a
recognized  environmental  leader  should help assure the protection and
welfare of elephants;
  b. it is widely  recognized  that  elephants  used  for  entertainment
purposes  ("entertainment  elephants") suffer physical and psychological
harm due to the living  conditions  and  treatment  to  which  they  are
subjected,  resulting  in  increased mortality with life spans only one-
half as long as wild elephants;
  c. entertainment elephants are  trained  with  cruel  techniques  that
involve  the  use  of  objects to control and punish, such as bullhooks,
electric shocks, metal bars, whips, chaining, and other forms  of  phys-
ical restriction and painful coercion;
  d. entertainment elephants live in conditions that are in no way simi-
lar  to  their  natural habitat, including an unnatural diet, restricted
movement, inappropriate housing and a hostile climate;
  e. entertainment elephants are subjected  to  confinement  and  social
isolation,   leading  to  physiological,  behavioral  and  psychological
impairments;
  f. entertainment elephants transported into the state spend a  signif-
icant portion of their lives inside trucks, trains or trailers, enduring
additional physical restrictions and social isolation;
  g.  the use of elephants in entertainment provides a false and inaccu-
rate educational experience for children  and  adults,  often  including

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02319-01-7

A. 464                              2

performance  tricks that are never executed by elephants in the wild and
that are stressful or harmful to the animal; and
  h.  it  is in the best interest of the state that the use of elephants
in entertainment be prohibited, and that the state use its authority  to
aid in the protection and welfare of these animals.
  §  3.  The  agriculture  and  markets  law  is amended by adding a new
section 380 to read as follows:
  § 380. USE OF ELEPHANTS IN ENTERTAINMENT  ACTS.  1.  NO  PERSON  SHALL
CONDUCT  OR  OPERATE A DISPLAY OF ELEPHANTS IN ANY TYPE OF ENTERTAINMENT
ACT.
  2. ANY PERSON THAT VIOLATES THE PROVISIONS OF  THIS  SECTION,  OR  ANY
RULE OR REGULATION PROMULGATED PURSUANT THERETO, MAY BE ASSESSED, BY THE
COMMISSIONER,  A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS FOR
EACH SUCH  VIOLATION.  EACH  VIOLATION  AND  EACH  DAY  DURING  WHICH  A
VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE VIOLATION.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
  (A) INSTITUTIONS ACCREDITED BY THE ASSOCIATION OF ZOOS AND AQUARIUMS;
  (B) ANY WILDLIFE SANCTUARY; AND
  (C) NOT-FOR-PROFIT ENVIRONMENTAL EDUCATION PROGRAMS.
  4. AS USED IN THIS SECTION:
  (A) "ELEPHANT" MEANS THE TWO SPECIES OF THE FAMILY ELEPHANTIDAE:
  (I) LOXODONTA AFRICANA, ALSO KNOWN AS THE AFRICAN ELEPHANT; AND
  (II)  ELEPHAS  MAXIMUS,  ALSO  KNOWN  AS  THE ASIAN ELEPHANT OR INDIAN
ELEPHANT.
  (B) "ENTERTAINMENT ACT" MEANS ANY EXHIBITION, ACT, CIRCUS, TRADE SHOW,
CARNIVAL, RIDE, PARADE, RACE, PERFORMANCE OR SIMILAR UNDERTAKING.
  (C) "ENVIRONMENTAL EDUCATION PROGRAM" MEANS ANIMAL USE  OR  EXHIBITION
THAT  IS  DEVOTED TO IMPARTING KNOWLEDGE OR INFORMATION ABOUT THE EXHIB-
ITED ANIMAL'S BEHAVIOR, HABITAT, LIFE CYCLE, MIGRATORY PATTERNS, FEEDING
HABITS OR SIMILAR PEDAGOGICAL INFORMATION, AND THAT IS CONDUCTED  BY  AN
INDIVIDUAL  OR  INDIVIDUALS WHO ARE ACCREDITED OR SIMILARLY QUALIFIED TO
IMPART SUCH INFORMATION. AT NO TIME  DURING  AN  EDUCATIONAL  EXHIBITION
SHALL  ANY  ANIMAL  BE  MADE TO PERFORM ANY BEHAVIOR THAT IS NOT INTRIN-
SICALLY NATURAL TO SUCH ANIMAL.
  (D) "PERSON"  MEANS  AN  INDIVIDUAL,  PARTNERSHIP,  LIMITED  LIABILITY
COMPANY,  CORPORATION,  JOINT VENTURE, ASSOCIATION, TRUST, ESTATE OR ANY
OTHER LEGAL ENTITY, AND  ANY  OFFICER,  MEMBER,  SHAREHOLDER,  DIRECTOR,
EMPLOYEE, AGENT OR REPRESENTATIVE OF ANY SUCH ENTITY.
  (E)  "WILDLIFE  SANCTUARY" MEANS A 501(C)(3) ORGANIZATION DESCRIBED IN
SECTION 170(B)(1)(A)(VI) OF THE INTERNAL  REVENUE  CODE  1986,  AND  ITS
SUBSEQUENT AMENDMENTS WHERE:
  (I)  NO  COMMERCIAL TRADE IN ANIMALS OCCURS INCLUDING, BUT NOT LIMITED
TO, SALE OF ANIMALS, ANIMAL PARTS, BY-PRODUCTS, OFFSPRING,  PHOTOGRAPHIC
OPPORTUNITIES OR PUBLIC EVENTS FOR FINANCIAL PROFIT, OR ANY OTHER ENTER-
TAINMENT PURPOSES; AND
  (II)  NO  PROPAGATION  OF  ANIMALS OCCURS IN THE FACILITY; NO ESCORTED
PUBLIC VISITATION OF ANIMALS IS ALLOWED; NO DIRECT CONTACT  BETWEEN  THE
PUBLIC  AND  WILD ANIMALS IS ALLOWED; AND ANIMALS ARE NOT TAKEN FROM THE
SANCTUARY OR ENCLOSURES FOR EXHIBITION.
  § 4. This act shall take effect two years after it shall have become a
law. Provided, however, that effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of the provisions of this act on its effective date  are  author-
ized and directed to be completed on or before such date.

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

                                 464--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2017
                               ___________

Introduced  by M. of A. PAULIN, SEPULVEDA, LUPARDO, MOSLEY, OTIS, MAGEE,
  WOERNER, LAWRENCE, ZEBROWSKI, DINOWITZ, ROSENTHAL,  SKOUFIS,  BARRETT,
  BENEDETTO  -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT, GLICK, SKAR-
  TADOS -- read once and referred to the  Committee  on  Agriculture  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the agriculture and markets law  and  the  environmental
  conservation  law,  in relation to prohibiting the use of elephants in
  entertainment acts

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "elephant protection act".
  § 2. Legislative findings. The legislature hereby finds that:
  a. elephant abuse is a matter of worldwide concern, and the state as a
recognized environmental leader should help assure  the  protection  and
welfare of elephants;
  b.  it  is  widely  recognized  that  elephants used for entertainment
purposes ("entertainment elephants") suffer physical  and  psychological
harm  due  to  the  living  conditions  and  treatment to which they are
subjected, resulting in increased mortality with life  spans  only  one-
half as long as wild elephants;
  c.  entertainment  elephants  are  trained  with cruel techniques that
involve the use of objects to control and  punish,  such  as  bullhooks,
electric  shocks,  metal bars, whips, chaining, and other forms of phys-
ical restriction and painful coercion;
  d. entertainment elephants live in conditions that are in no way simi-
lar to their natural habitat, including an  unnatural  diet,  restricted
movement, inappropriate housing and a hostile climate;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02319-10-7

A. 464--A                           2

  e.  entertainment  elephants  are  subjected to confinement and social
isolation,  leading  to  physiological,  behavioral  and   psychological
impairments;
  f.  entertainment elephants transported into the state spend a signif-
icant portion of their lives inside trucks, trains or trailers, enduring
additional physical restrictions and social isolation;
  g. the use of elephants in entertainment provides a false and  inaccu-
rate  educational  experience  for  children and adults, often including
performance tricks that are never executed by elephants in the wild  and
that are stressful or harmful to the animal; and
  h.  it  is in the best interest of the state that the use of elephants
in entertainment be prohibited, and that the state use its authority  to
aid in the protection and welfare of these animals.
  §  3.  The  agriculture  and  markets  law  is amended by adding a new
section 380 to read as follows:
  § 380. USE OF ELEPHANTS IN ENTERTAINMENT ACTS. 1. NO PERSON SHALL  USE
OR CAUSE TO BE USED ELEPHANTS IN ANY TYPE OF ENTERTAINMENT ACT.
  2.  ANY  PERSON  THAT  VIOLATES THE PROVISIONS OF THIS SECTION, OR ANY
RULE OR REGULATION PROMULGATED PURSUANT THERETO, MAY BE ASSESSED, BY THE
COMMISSIONER, A CIVIL PENALTY NOT TO EXCEED  ONE  THOUSAND  DOLLARS  FOR
EACH SUCH VIOLATION.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
  (A)  INSTITUTIONS ACCREDITED BY THE ASSOCIATION OF ZOOS AND AQUARIUMS;
AND
  (B) WILDLIFE SANCTUARIES  AS  DEFINED  IN  SUBDIVISION  THIRTY-TWO  OF
SECTION 11-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
  4. AS USED IN THIS SECTION:
  (A) "ELEPHANT" MEANS THE THREE SPECIES OF THE FAMILY ELEPHANTIDAE:
  (I) LOXODONTA AFRICANA AND LOXODONTA CYCLOTIS, ALSO KNOWN AS THE AFRI-
CAN ELEPHANT; AND
  (II)  ELEPHAS  MAXIMUS,  ALSO  KNOWN  AS  THE ASIAN ELEPHANT OR INDIAN
ELEPHANT.
  (B) "ENTERTAINMENT ACT" MEANS ANY EXHIBITION, ACT, CIRCUS, TRADE SHOW,
CARNIVAL, RIDE, PARADE, RACE, PERFORMANCE OR SIMILAR UNDERTAKING.
  (C) "PERSON"  MEANS  AN  INDIVIDUAL,  PARTNERSHIP,  LIMITED  LIABILITY
COMPANY,  CORPORATION,  JOINT VENTURE, ASSOCIATION, TRUST, ESTATE OR ANY
OTHER LEGAL ENTITY, AND  ANY  OFFICER,  MEMBER,  SHAREHOLDER,  DIRECTOR,
EMPLOYEE, AGENT OR REPRESENTATIVE OF ANY SUCH ENTITY.
  §  4.  The  environmental  conservation law is amended by adding a new
section 11-0540 to read as follows:
§ 11-0540. PROHIBITION ON PERMITS AUTHORIZING THE USE  OF  ELEPHANTS  IN
             ENTERTAINMENT ACTS.
  THE  DEPARTMENT  SHALL  NOT  ISSUE  ANY  LICENSE  OR PERMIT THAT WOULD
AUTHORIZE THE USE OF AN ELEPHANT IN AN  ENTERTAINMENT  ACT  PURSUANT  TO
SECTION THREE HUNDRED EIGHTY OF THE AGRICULTURE AND MARKETS LAW.
  § 5. This act shall take effect two years after it shall have become a
law. Provided, however, that effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  the provisions of this act on its effective date are author-
ized and directed to be completed on or before such date.