NY State Senate Bill 2017-S2098B

Senate Bill S2098B

Signed By Governor

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Actions

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	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

- May 23, 2017 - Floor Vote
  S2098B
  
  56
  
  Aye
  
  6
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 23, 2017
      
      aye (56)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (6)
      
      Comrie
      
      Little
      
      Ortt
      
      Ranzenhofer
      
      Sanders Jr.
      
      Seward
  May 9, 2017 - Agriculture Committee Vote
  S2098B
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: May 9, 2017
      
      aye (10)
      
      Brooks
      
      Comrie
      
      Gallivan
      
      Montgomery
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Serrano
      
      Seward
      
      Valesky
      
      aye wr (1)
      
      Funke

Bill Amendments

Original

B (Active)

co-Sponsors

2017-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

2017-S2098 - Summary

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

2017-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.

2017-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

2017-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

2017-S2098A - Summary

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

2017-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.

2017-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

2017-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

2017-S2098B (ACTIVE) - Summary

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

2017-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.

2017-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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Senate Bill S2098B

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Sponsored By

Terrence Murphy

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Phil Boyle

2017-S2098 - Details

2017-S2098 - Summary

2017-S2098 - Sponsor Memo

2017-S2098 - Bill Text download pdf

co-Sponsors

Phil Boyle

2017-S2098A - Details

2017-S2098A - Summary

2017-S2098A - Sponsor Memo

2017-S2098A - Bill Text download pdf

co-Sponsors

Phil Boyle

2017-S2098B (ACTIVE) - Details

2017-S2098B (ACTIVE) - Summary

2017-S2098B (ACTIVE) - Sponsor Memo

2017-S2098B (ACTIVE) - Bill Text download pdf

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