SENATE, No. 2457

The Commonwealth of Massachusetts

In the Year Two Thousand and Six.

AN ACT PROHIBITING THE EXHIBITION OF EXOTIC ANIMALS

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.   Chapter 272 of the General Laws, is hereby amended by inserting after section 77B the following section:-

Section 77C.  (a) As used in this section, the following terms shall have the following meanings:--

 “Circus”, a class C licensee 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 a performance by a live animal, clown or acrobat;

 “Exotic animal”, a non-human primate, cat (excluding domesticated cats), bear, elephant, giraffe, rhinoceros or hippopotamus, or a hybrid of any of these animals, whether bred in the wild or captivity;

 “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;

 “Sanctuary”, a non-profit organization under Section 170(b)(1)(A)(vi) of the Internal Revenue Code 1986, and its subsequent amendments, that operates a facility that provides care for abused, neglected, unwanted, impounded, abandoned, orphaned or displaced exotic animals, that is accredited by the Association of Sanctuaries or the American Sanctuary Association, and does not engage in:

(1) commercial activity involving an animal including, but not limited to, the sale or trade of an animal, animal part, animal by-product or photographic opportunity involving an animal;
(2) propagation of animals at the facility;
(3) unescorted public visitation or direct contact between the public and an exotic animal;

“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 exotic animals do not permanently reside or that moves exotic animals from location to location, but not including a person that keeps exotic animals at a permanent site and is transporting animals for the purpose of medical services needed for animals or exchange of animals between sanctuaries.

(b) No person shall exhibit or sponsor an exhibition of, bring into the state, or conduct or operate a traveling show or circus including an exotic animal.  A person who violates this section shall be fined not more than $5000 per exotic or imprisoned for not more than 1 year, or both.  This section shall not apply to an institution accredited by or under mentorship through the American Zoo and Aquarium Association, the Southwick’s Zoo, the Forest Park Zoo, a public or private school or a sanctuary as defined by this section.