Bill Text: NY A01000 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the agriculture and markets law, in relation to the display of elephants

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to agriculture [A01000 Detail]

Download: New_York-2009-A01000-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1000
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. PAULIN -- read once and referred to the Committee
         on Agriculture
       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    S 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.
                                                                  LBD01568-01-9
       A. 1000                             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    S 2. This act shall take effect on the one hundred twentieth day after
   34  it shall have become a law.