STATE OF NEW YORK ________________________________________________________________________ 464--A 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. PAULIN, SEPULVEDA, LUPARDO, MOSLEY, OTIS, MAGEE, WOERNER, LAWRENCE, ZEBROWSKI, DINOWITZ, ROSENTHAL, SKOUFIS, BARRETT, BENEDETTO -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT, GLICK, SKAR- TADOS -- read once and referred to the Committee on Agriculture -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the agriculture and markets law and the environmental conservation law, in relation to prohibiting the use of elephants in entertainment acts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "elephant protection act". 3 § 2. Legislative findings. The legislature hereby finds that: 4 a. elephant abuse is a matter of worldwide concern, and the state as a 5 recognized environmental leader should help assure the protection and 6 welfare of elephants; 7 b. it is widely recognized that elephants used for entertainment 8 purposes ("entertainment elephants") suffer physical and psychological 9 harm due to the living conditions and treatment to which they are 10 subjected, resulting in increased mortality with life spans only one- 11 half as long as wild elephants; 12 c. entertainment elephants are trained with cruel techniques that 13 involve the use of objects to control and punish, such as bullhooks, 14 electric shocks, metal bars, whips, chaining, and other forms of phys- 15 ical restriction and painful coercion; 16 d. entertainment elephants live in conditions that are in no way simi- 17 lar to their natural habitat, including an unnatural diet, restricted 18 movement, inappropriate housing and a hostile climate; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02319-10-7

A. 464--A 2 1 e. entertainment elephants are subjected to confinement and social 2 isolation, leading to physiological, behavioral and psychological 3 impairments; 4 f. entertainment elephants transported into the state spend a signif- 5 icant portion of their lives inside trucks, trains or trailers, enduring 6 additional physical restrictions and social isolation; 7 g. the use of elephants in entertainment provides a false and inaccu- 8 rate educational experience for children and adults, often including 9 performance tricks that are never executed by elephants in the wild and 10 that are stressful or harmful to the animal; and 11 h. it is in the best interest of the state that the use of elephants 12 in entertainment be prohibited, and that the state use its authority to 13 aid in the protection and welfare of these animals. 14 § 3. The agriculture and markets law is amended by adding a new 15 section 380 to read as follows: 16 § 380. Use of elephants in entertainment acts. 1. No person shall use 17 or cause to be used elephants in any type of entertainment act. 18 2. Any person that violates the provisions of this section, or any 19 rule or regulation promulgated pursuant thereto, may be assessed, by the 20 commissioner, a civil penalty not to exceed one thousand dollars for 21 each such violation. 22 3. The provisions of this section shall not apply to: 23 (a) institutions accredited by the Association of Zoos and Aquariums; 24 and 25 (b) wildlife sanctuaries as defined in subdivision thirty-two of 26 section 11-0103 of the environmental conservation law. 27 4. As used in this section: 28 (a) "Elephant" means the three species of the family Elephantidae: 29 (i) Loxodonta africana and Loxodonta cyclotis, also known as the Afri- 30 can elephant; and 31 (ii) Elephas maximus, also known as the Asian elephant or Indian 32 elephant. 33 (b) "Entertainment act" means any exhibition, act, circus, trade show, 34 carnival, ride, parade, race, performance or similar undertaking. 35 (c) "Person" means an individual, partnership, limited liability 36 company, corporation, joint venture, association, trust, estate or any 37 other legal entity, and any officer, member, shareholder, director, 38 employee, agent or representative of any such entity. 39 § 4. The environmental conservation law is amended by adding a new 40 section 11-0540 to read as follows: 41 § 11-0540. Prohibition on permits authorizing the use of elephants in 42 entertainment acts. 43 The department shall not issue any license or permit that would 44 authorize the use of an elephant in an entertainment act pursuant to 45 section three hundred eighty of the agriculture and markets law. 46 § 5. This act shall take effect two years after it shall have become a 47 law. Provided, however, that effective immediately, the addition, amend- 48 ment and/or repeal of any rule or regulation necessary for the implemen- 49 tation of the provisions of this act on its effective date are author- 50 ized and directed to be completed on or before such date.