SENATE, No. 2699

The Commonwealth of Massachusetts

In the Year Two Thousand and Six.

AN ACT FURTHER REGULATING THE TREATMENT OF ELEPHANTS.

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, any non-hume primate, cat, except domesticated cats, bear, elephant, giraffe, rhinoceros or hippopotamus or any hybrid of any of these animals

“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 that operates a facility that provides care for abused, neglected, unwanted, impounded, abandoned, orphaned or displaced elephants or other exotic animals and that is accredited by the Association of Sanctuaries or the American Sanctuary Association, and that 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 its facility; or
(3) unescorted public visitation or direct contact between the public and an exotic animal;

“Traveling show”, circus, public show, trade show, photographic opportunity, carnival, city or county fair, agricultural fair, ride, parade, race, performance or a similar undertaking in which elephants do not permanently reside or that moves an elephant from location to location, but not including the transportation of an elephant for the purpose of medical services needed for an elephant or necessary for the transfer of an elephant between sanctuaries.

(b) It shall be unlawful for any person who houses, possesses, is in contact with, or travels with any elephant used in a circus or traveling show to engage in any of the following towards an elephant.

(1) Use or possession of any implement that may reasonably result in harm to an elephant, including but not limited to the damage, scarring or breakage of an elephant’s skin, including a bullock or ankus. Any such implement or device that is used, purchased, contrived for or constructed for the purpose of poking, striking, hitting, stabbing, piercing or pinching an elephant shall be construed as an implement or device which may reasonably result in harm, damage, scarring or breakage of skin to an elephant.
(2) Use of a chain or similar device to restrain an elephant, except if utilized for the shortest amount of time necessary to provide actual medical treatment.

(c) Whoever violates this section shall be fined not more than $5000 per violation 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 Southwick’s Zoo, the Forest Park Zoo, the Big E, any institution accredited by the American Zoo and Aquarium Association, any public or private school or a sanctuary.”