Prohibits cruel treatment of elephants; prohibits the possession of certain devices; prohibits the use of certain devices on elephants; prohibits acts which cause pain, injury or death to an elephant; any violation of this section shall constitute a class E felony.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1555
SPONSOR: Paulin (MS) TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to prohibiting cruel treatment of elephants
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is
to prohibit acts of cruelty on or to an elephant in order to ensure
their safety and well being.
SUMMARY OF SPECIFIC PROVISIONS:
Section one adds a new section 380 to prohibit any person from commit-
ting acts or possessing implements which are likely to cause injury or
death to an elephant. Violations to this section shall constitute a
class E felony. Nothing in this section shall be construed to affect any
other protections afforded to elephants under any other Provision of
this article or any other law. Nothing in this section shall prohibit
the enactment of local laws or ordinances governing or restricting the
use of elephants that are more stringent. Nothing shall be construed to
prohibit a veterinarian from performing necessary treatment on an
elephant.
Section two provides the effective date.
JUSTIFICATION: Elephants used for exhibition have been subjected to
abusive handling, training and discipline techniques, including, for
example, the use of bullhooks, shocking devices, whips and chains.
According to report Elephants in Circuses: Analysis of Practice Policy,
and Future issued by the Animals and Society Institute "early trauma,
chronic stress, and severe deprivation are common to most, if not all,
close-confinement institutions, notably circuses and zoos. These condi-
tions lead, to severe psychobiological and physiological damage to
elephants in captivity. The added stress and trauma exerted by such
practices as beating, negative reinforcement, chaining, physical abuse,
and social isolation further undermine elephant wellbeing..." Corporal
punishment also increases behavioral stress and aggression in elephants,
thus creating public health and safety concerns. According to a report
published by the Performing Welfare Society, an average of one elephant
keeper is killed by a captive elephant every year. Some of these inci-
dents can be attributed to harsh training and handling methods. When
elephants are restrained for long periods of time, they are also more
susceptible to degenerative joint disease due to the lack of circulation
in their legs and to infection if their foot pads are not carefully
maintained. This legislation will help to prevent abusive training and
handling of elephants in our state and will better protect the safety
and welfare of the public.
LEGISLATIVE HISTORY: A.3154 of 2013 and 2014, referred to agricul-
ture. Same as S.6669 of 2014, referred to agriculture.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall become law.
STATE OF NEW YORK
________________________________________________________________________
1555
2015-2016 Regular Sessions
IN ASSEMBLY
January 12, 2015
___________
Introduced by M. of A. PAULIN, ENGLEBRIGHT, ROBERTS, MOSLEY, PERRY --
Multi-Sponsored by -- M. of A. GOTTFRIED -- read once and referred to
the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting cruel treatment of elephants
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 380 to read as follows:
3 § 380. Cruelty to elephants. 1. It shall be unlawful for any person to
4 commit any of the following acts on or to an elephant:
5 (a) Using a bullhook, ankus, or similar device;
6 (b) Using electricity or any shocking device;
7 (c) Using martingales, whip, or block and tackle;
8 (d) Hitting, beating, punching, kicking, or engaging in any other act
9 which could cause pain or injury;
10 (e) Inserting any instrument into any bodily orifice;
11 (f) Using chains for the purpose of restraining or tying down except
12 for the limited purpose of protecting public safety;
13 (g) Depriving of adequate food, water, or rest; or
14 (h) Committing any other practices which are likely to cause injury or
15 death to an elephant.
16 2. No person shall possess any device which emits an electric current
17 or shock or any instrument that may reasonably result in damage, scar-
18 ring or breakage to the skin of an elephant in the presence of an
19 elephant. For the purposes of this subdivision, such implement or device
20 includes, but is not limited to, a bullhook, ankus, or other similar
21 device.
22 3. Any violation of this section shall constitute a class E felony.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01386-01-5
A. 1555 2
1 4. Nothing in this section shall be construed to affect any other
2 protections afforded to elephants under any other provision of this
3 chapter or any other law.
4 5. Nothing contained in this section shall prevent any town, city,
5 village, or county in the state from enacting a local law or ordinance
6 governing or restricting the use of elephants within such town, city,
7 village, or county provided, however, that no such law or ordinance
8 shall be less stringent than this section.
9 6. Nothing in this section shall be construed to prohibit a veterina-
10 rian from performing necessary treatment on an elephant.
11 § 2. This act shall take effect on the ninetieth day after it shall
12 have become a law.
