NY State Senate Bill S2098B

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 19, 2017	signed chap.333
Oct 11, 2017	delivered to governor
Jun 06, 2017	returned to senate passed assembly
Jun 05, 2017	ordered to third reading cal.483 substituted for a464b
May 23, 2017	referred to codes delivered to assembly passed senate
May 16, 2017	amended on third reading 2098b
May 15, 2017	advanced to third reading amended (t) 2098a
May 10, 2017	2nd report cal.
May 09, 2017	1st report cal.775
Jan 12, 2017	referred to agriculture

Votes

view votes

May 23, 2017 - floor Vote

S2098B

floor

Aye

Nay

Absent

Excused

Abstained

May 9, 2017 - Agriculture committee Vote

S2098

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S2098 - Details

See Assembly Version of this Bill:: A464
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §380, Ag & Mkts L; add §11-0540, En Con L
Versions Introduced in 2015-2016 Legislative Session:: S7805, A10171

S2098 - Summary

Enacts the "elephant protection act" to prohibit the use of elephants in entertainment acts.

S2098 - Sponsor Memo

 BILL NUMBER:  S2098

 TITLE OF BILL :

An act to amend the agriculture and markets law, in relation to
prohibiting the use of elephants in entertainment acts

 PURPOSE :

This bill enacts the "Elephant Protection Act" which prohibits the use
of elephants in entertainment acts.

 SUMMARY OF PROVISIONS :

Section 1 provides that this act shall be known as the "Elephant
Protection Act."

Section 2 describes legislative findings.

Section 3 amends the agriculture and markets law by adding a new
section 380, which provides that a person shall not conduct or operate
a display of elephants in any type of entertainment act in the state.
This section also provides that an entertainment act that fails to
comply with this section may be subject to a civil penalty.

Section 3 also includes exemptions from the provisions of the section.

There is also a definitions section.

Section 4 sets forth the effective date.

 JUSTIFICATION :

Elephants are complex, highly intuitive and intelligent animals.
Circus elephants normally start their training at 18 to 24 months old.
These animals are often intentionally dispirited, through a process
known as "breaking," whereby trainers use extreme physical restraint
and infliction of harm, such as hooking or stabbing of sensitive spots
of the body, in order to gain the animal's submission. The elephants
are denied positive mental and physical stimulation, they lack proper
exercise, and are chained up to 22 hours each day. Furthermore, they
are forced to stand for long hours, which can lead to foot diseases
and arthritis, conditions which are the top causes of death among
captive elephants.

Shifts in societal attitudes concerning captive elephants are
evidenced by Ringling Bros. and Barnum & Bailey's 2015 announcement to
remove elephants from their acts in 2016, one year ahead of schedule
because of widespread public pressure. The purpose of the Elephant
Protection Act is to safeguard all elephants from the physical and
psychological harm inflicted upon them by living conditions,
treatment, and cruel methods that are necessary to train elephants to
perform in entertainment acts.

New York State is in a position to protect the welfare of these
animals and to remove them from all circuses and entertainment
performances.

 LEGISLATIVE HISTORY :

2016: S.7805 - Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect two years after it shall have become a law.
Provided, however that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the
implementation of the provisions of this act on its effective date are
authorized and directed to be completed on or before such date.

S2098 - Bill Text download pdf


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

                                  2098

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 12, 2017
                               ___________

Introduced  by  Sen.  MURPHY -- 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 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;

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

S. 2098                             2

  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
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.

Co-Sponsors

S2098A - Details

See Assembly Version of this Bill:: A464
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §380, Ag & Mkts L; add §11-0540, En Con L
Versions Introduced in 2015-2016 Legislative Session:: S7805, A10171

S2098A - Summary

Enacts the "elephant protection act" to prohibit the use of elephants in entertainment acts.

S2098A - Sponsor Memo

 BILL NUMBER:  S2098A

 TITLE OF BILL :  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

 PURPOSE :

This bill enacts the "Elephant Protection Act" which prohibits the use
of elephants in entertainment acts.

 SUMMARY OF PROVISIONS :

Section one provides that this act shall be known as the "Elephant
Protection Act." Section two describes legislative findings.

Section three amends the agriculture and markets law by adding a new
section 380, which provides that a person shall not conduct or operate
a display of elephants in any type of entertainment act in the state.
This section also provides that an entertainment act that fails to
comply with this section may be subject to a civil penalty.
Exemptions from the provisions of this section are set forth. There is
also a definitions section.

Section four amends the environmental conservation law by adding a new
section 11-0540 to provide that no license or permit shall be issued

for the purposes of using an elephant in an entertainment act.

Section five provides the effective date.

 JUSTIFICATION :

Elephants are complex, highly intuitive and intelligent animals.
Circus elephants normally start their training at 18 to 24 months old.
These animals are often intentionally dispirited, through a process
known as "breaking," whereby trainers use extreme physical restraint
and infliction of harm, such as hooking or stabbing of sensitive spots
of the body, in order to gain the animal's submission. The elephants
are denied positive mental and physical stimulation, they lack proper
exercise, and are chained up to 22 hours each day. Furthermore, they
are forced to stand for long hours, which can lead to foot diseases
and arthritis, conditions which are the top causes of death among
captive elephants.

Shifts in societal attitudes concerning captive elephants are
evidenced by Ringling Bros. and Barnum & Bailey's 2015 announcement to
remove elephants from their acts in 2016, one year ahead of schedule
because of widespread public pressure. The purpose of the Elephant
Protection Act is to safeguard all elephants from the physical and
psychological harm inflicted upon them by living conditions,
treatment, and cruel methods that are necessary to train elephants to
perform in entertainment acts.

New York State is in a position to protect the welfare of these
animals and to remove them from all circuses and entertainment
performances.

 LEGISLATIVE HISTORY :

2016: S.7805 - Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect two years after it shall have become a law.
Provided, however that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the
implementation of the provisions of this act on its effective date are
authorized and directed to be completed on or before such date.

S2098A - Bill Text download pdf


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

                                 2098--A
    Cal. No. 775

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 12, 2017
                               ___________

Introduced by Sens. MURPHY, BOYLE -- read twice and ordered printed, and
  when  printed  to  be  committed  to  the  Committee on Agriculture --
  reported favorably from said committee, ordered to  first  and  second
  report,  amended  on second report, ordered to a third reading, and to
  be reprinted as amended, retaining its place in  the  order  of  third
  reading

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.
                                                           LBD02319-12-7

S. 2098--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 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;
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 11-0541 to read as follows:
§ 11-0541. 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, AS DEFINED IN
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.

Co-Sponsors

S2098B (ACTIVE) - Details

See Assembly Version of this Bill:: A464
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §380, Ag & Mkts L; add §11-0540, En Con L
Versions Introduced in 2015-2016 Legislative Session:: S7805, A10171

S2098B (ACTIVE) - Summary

Enacts the "elephant protection act" to prohibit the use of elephants in entertainment acts.

S2098B (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S2098B

 TITLE OF BILL :  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

 PURPOSE :

This bill enacts the "Elephant Protection Act" which prohibits the use
of elephants in any type of entertainment act.

 SUMMARY OF PROVISIONS :

Section one provides that this act shall be known as the "Elephant
Protection Act."

Section two describes legislative findings.

Section three amends the agriculture and markets law by adding a new
section 380, which provides that a person shall not conduct or operate
a display of elephants in any type of entertainment act in the state.
This section also provides that an entertainment act that fails to
comply with this section may be subject to a civil penalty.
Exemptions from the provisions of this section are set forth. There is
also a definitions section.

Section four amends the environmental conservation law by adding a new
section 11-0540 to provide that no license or permit shall be issued
for the purposes of using an elephant in an entertainment act.

Section five provides the effective date.

 JUSTIFICATION :

Elephants are complex, highly intuitive and intelligent animals.
Circus elephants normally start their training at 18 to 24 months old.
These animals are often intentionally dispirited, through a process
known as "breaking," whereby trainers use extreme physical restraint
and infliction of harm, such as hooking or stabbing of sensitive spots
of the body, in order to gain the animal's submission. The elephants
are denied positive mental and physical stimulation, they lack proper
exercise, and are chained up to 22 hours each day. Furthermore, they
are forced to stand for long hours, which can lead to foot diseases
and arthritis, conditions which are the top causes of death among
captive elephants.

Shifts in societal attitudes concerning captive elephants are
evidenced by Ringling Bros. and Barnum & Bailey's 2015 announcement to
remove elephants from their acts in 2016, one year ahead of schedule
because of widespread public pressure. The purpose of the Elephant
Protection Act is to safeguard all elephants from the physical and
psychological harm inflicted upon them by living conditions,
treatment, and cruel methods that are necessary to train elephants to
perform in entertainment acts.

New York State is in a position to protect the welfare of these
animals and to remove them from all circuses and entertainment
performances.

 LEGISLATIVE HISTORY :

2016: S.7805 - Passed Senate

 FISCAL IMPLICATIONS :

None.
 EFFECTIVE DATE :
This act shall take effect two years after it shall have become a law.
Provided, however that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the
implementation of the provisions of this act on its effective date are
authorized and directed to be completed on or before such date.

S2098B (ACTIVE) - Bill Text download pdf


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

                                 2098--B
    Cal. No. 775

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 12, 2017
                               ___________

Introduced by Sens. MURPHY, BOYLE -- read twice and ordered printed, and
  when  printed  to  be  committed  to  the  Committee on Agriculture --
  reported favorably from said committee, ordered to  first  and  second
  report,  amended  on second report, ordered to a third reading, and to
  be reprinted as amended, retaining its place in  the  order  of  third
  reading -- again amended and ordered reprinted, retaining its place in
  the order of third reading

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.

                                                           LBD02319-18-7

S. 2098--B                          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  WHICH
IS  PRIMARILY  UNDERTAKEN  FOR  THE ENTERTAINMENT OR AMUSEMENT OF A LIVE
AUDIENCE.
  (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.

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The New York State Senate

senate Bill S2098B

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Archive: Last Bill Status - Signed by Governor

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Votes

May 23, 2017 - floor Vote

Floor Vote: May 23, 2017

May 9, 2017 - Agriculture committee Vote

Committee Vote: May 9, 2017

Bill Amendments

Co-Sponsors

S2098 - Details

S2098 - Summary

S2098 - Sponsor Memo

S2098 - Bill Text download pdf

Co-Sponsors

S2098A - Details

S2098A - Summary

S2098A - Sponsor Memo

S2098A - Bill Text download pdf

Co-Sponsors

S2098B (ACTIVE) - Details

S2098B (ACTIVE) - Summary

S2098B (ACTIVE) - Sponsor Memo

S2098B (ACTIVE) - Bill Text download pdf

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senate Bill S2098B

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Sponsored By

Terrence Murphy

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 23, 2017 - floor Vote

Floor Vote: May 23, 2017

May 9, 2017 - Agriculture committee Vote

Committee Vote: May 9, 2017

Bill Amendments

Co-Sponsors

Phil Boyle

S2098 - Details

S2098 - Summary

S2098 - Sponsor Memo

S2098 - Bill Text download pdf

Co-Sponsors

Phil Boyle

S2098A - Details

S2098A - Summary

S2098A - Sponsor Memo

S2098A - Bill Text download pdf

Co-Sponsors

Phil Boyle

S2098B (ACTIVE) - Details

S2098B (ACTIVE) - Summary

S2098B (ACTIVE) - Sponsor Memo

S2098B (ACTIVE) - Bill Text download pdf

Comments