Regulates the treatment and display of elephants; requires persons who bring elephants into the state as part of a traveling exhibition to file an itinerary of the elephant's stay in the state with the department of agriculture and markets at least thirty days before the elephant arrives in the state; authorizes the imposition of up to a $1,000 civil penalty for failure to file such itinerary; establishes requirements for the transportation of elephants; requires elephants to be untethered at least one hour a day; prohibits use of certain equipment upon elephants; prohibits riding elephants, except in certain cases; makes such violations class E felonies; authorizes agents of the department of agriculture and markets to inspect living conditions of elephants; makes cruelty to an elephant a class D felony.
STATE OF NEW YORK
2011-2012 Regular Sessions
January 5, 2011
Introduced by M. of A. PAULIN -- read once and referred to the Committee
AN ACT to amend the agriculture and markets law, in relation to the
display 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 359-b to read as follows:
3 § 359-b. Display of elephants. 1. Definitions. As used in this
4 section, the following terms shall mean:
5 a. "Display" means any exhibit, act, circus, public show, trade show,
6 photographic opportunity, carnival, parade, petting zoo or zoo.
7 b. "Traveling exhibition" means a display that has no permanent legal
8 residence or situs in this state, or which remains continuously at any
9 single location in the state for less than sixty days.
10 2. Traveling exhibitions; file itinerary. Any person who brings an
11 elephant (Elephantidae) into this state as part of a traveling exhibi-
12 tion shall, not less than thirty days prior to such elephant's entry
13 into the state, file with the department a copy of the itinerary of the
14 elephant's entry into, stay in and departure from the state. Such itin-
15 erary shall include the date and location of each display of the
16 elephant in this state. The department shall be notified in a timely
17 manner of each change in a filed itinerary, so that the department has
18 notice of the location of each elephant while it is in this state. Each
19 and every violation of this subdivision shall be subject to a civil
20 penalty of not more than one thousand dollars.
21 3. Transportation requirements. In addition to any other requirement
22 imposed pursuant to the provisions of this article, the ambient temper-
23 ature of any compartment in which an elephant is transported while in
24 the state shall be maintained between forty-five degrees and eighty-five
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 76 2
1 degrees Fahrenheit. Furthermore, such compartment shall be ventilated in
2 a manner that prevents the accumulation of noxious fumes or odors. The
3 owner, agent, consignee or person in charge of an elephant transport in
4 violation of the provisions of this subdivision shall be guilty of a
5 class E felony.
6 4. Inspection. The commissioner, any duly designated representative of
7 the commissioner, any veterinarian employed by the department or any
8 veterinarian acting at the direction of the commissioner may, at any
9 reasonable time, enter an area or compartment where any elephant is
10 being kept to inspect such area or compartment and the elephant for
11 compliance with the provisions of this article, article eleven of the
12 environmental conservation law, and the rules and regulations adopted
13 pursuant thereto. Each person in charge of an elephant shall provide
14 such assistance as shall be necessary to perform such inspection.
15 5. Tethering. Every elephant shall have its legs untethered for not
16 less than one hour each day, not including any period of time during
17 which the elephant is on public display. Any person in charge of an
18 elephant tethered in violation of this subdivision shall be guilty of a
19 class E felony.
20 6. Prohibited equipment. No person shall use upon any elephant any
21 device which emits an electric current or shock, or any hooked instru-
22 ment in a manner that causes damage, scarring or breakage to the skin of
23 such elephant. A violation of this subdivision shall constitute a class
24 E felony.
25 7. Prohibited contact. No person owning or having control of an
26 elephant shall knowingly allow any person to ride such elephant, unless
27 such person is engaged in training, exhibiting or providing care to the
28 elephant. A violation of this subdivision shall constitute a class E
30 8. Notwithstanding the provisions of section three hundred fifty-three
31 of this article, any violation of such section committed upon an
32 elephant shall constitute a class D felony.
33 § 2. This act shall take effect on the one hundred twentieth day after
34 it shall have become a law.