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

                                  1000

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. PAULIN -- read once and referred 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

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

                                                           LBD01568-01-9

A. 1000                             2

DEGREES FAHRENHEIT. FURTHERMORE, SUCH COMPARTMENT SHALL BE VENTILATED IN
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.