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S01854 Summary:

Add S359-b, Ag & Mkts L
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.
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S01854 Text:

                STATE OF NEW YORK
                               2011-2012 Regular Sessions
                    IN SENATE
                                    January 13, 2011
        Introduced by Sens. OPPENHEIMER, DIAZ, PARKER, SERRANO -- read twice and
          ordered  printed, and when printed to be committed to the Committee on
        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.

        S. 1854                             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
    29  felony.
    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.
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