Chapter 272 of the General Laws is hereby amended by inserting after section 79B, as appearing in the 2002 Official Edition, the following section: -

Section 79C. (a) The following words and phrases used in this section of this chapter shall have the following meanings: (1)“Circus”, a class C licensee licensed under the Animal Welfare Act, 7 U.S.C. Section 2131 et seq., and its subsequent amendments, regulations and standards adopted pursuant to the Act, that offers performances by live animals, clowns or acrobats. (2) "Exotic animal", any or all of the following orders and families, whether bred in the wild or in captivity, and whether or not native to Massachusetts, and any or all hybrids thereof:

a. non-human primates and prosimians (all species);

b. felidae (all wild cats and hybrids thereof, except domesticated cats);

c. ursidae (all bears);

d. proboscidae (all elephants);

e. giraffidae (all giraffes);

f. rhinocerotidae (all rhinoceroses);

g. hippopotamidae (all hippopotamuses).

(3) "Person", an individual, partnership, corporation, joint venture, association, trust, estate or any other legal entity, and any officer, member, shareholder, director, employee, agent or representative thereof.

(4) “Sanctuary”, a non-profit organization described in Section 170(b)(1)(A)(vi) of the Internal Revenue Code 1986, and its subsequent amendments, that operates a facility that is a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned or displaced exotic animals are provided care for their lifetime or released back to their natural habitat and is a facility with the following characteristics:

a. no commercial activity involving animals occurs including, but not limited to, the sale of or trade in animals, animal parts, animal by-products or animal offspring, or the sale of photographic opportunities involving animals;

b. no propagation of animals occurs in the facility;

c. no unescorted public visitation or direct contact between the public and exotic animals is allowed; and

d. must be accredited by The Association of Sanctuaries (TAOS) and/or the American Sanctuary Association (ASA).

(5) “Traveling show”, any mobile or stationary act, circus, public show, trade show, photographic opportunity, carnival, city or county fair, agricultural fair, ride, parade, race, performance or similar undertaking in which the exotic animals do not permanently reside or that moves exotic animals from location to location. “Traveling show” shall not include any person that keeps exotic animals at a permanent site and is transporting said animals for the purpose of medical services needed for said animals or exchange of animals between sanctuaries. (b) It shall be unlawful for any person to bring into the state, conduct or operate a traveling show or circus that includes exotic animals. (c) Any person who violates this section shall be fined not more than $5000 per exotic animal or imprisoned in the house of correction for not more than 1 year, or by both such fine and imprisonment. (d) This section shall not apply to institutions accredited by the American Zoo and Aquarium Association ( AZA) or under mentorship through the AZA, the Southwick’s Zoo, the Forest Park Zoo, any public or private school or any sanctuary as defined by this section.