S T A T E   O F   N E W   Y O R K
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                                 3154--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by M. of A. PAULIN, ENGLEBRIGHT, ROBERTS, WEISENBERG, MOSLEY
  -- Multi-Sponsored by -- M. of A. GOTTFRIED -- read once and  referred
  to  the  Committee  on  Agriculture -- recommitted to the Committee on
  Agriculture in accordance with Assembly Rule 3, sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

  Section  1. The agriculture and markets law is amended by adding a new
section 380 to read as follows:
  S 380. CRUELTY TO ELEPHANTS. 1. IT SHALL BE UNLAWFUL FOR ANY PERSON TO
COMMIT ANY OF THE FOLLOWING ACTS ON OR TO AN ELEPHANT:
  (A) USING A BULLHOOK, ANKUS, OR SIMILAR DEVICE;
  (B) USING ELECTRICITY OR ANY SHOCKING DEVICE;
  (C) USING MARTINGALES, WHIP, OR BLOCK AND TACKLE;
  (D) HITTING, BEATING, PUNCHING, KICKING, OR ENGAGING IN ANY OTHER  ACT
WHICH COULD CAUSE PAIN OR INJURY;
  (E) INSERTING ANY INSTRUMENT INTO ANY BODILY ORIFICE;
  (F)  USING  CHAINS FOR THE PURPOSE OF RESTRAINING OR TYING DOWN EXCEPT
FOR THE LIMITED PURPOSE OF PROTECTING PUBLIC SAFETY;
  (G) DEPRIVING OF ADEQUATE FOOD, WATER, OR REST; OR
  (H) COMMITTING ANY OTHER PRACTICES WHICH ARE LIKELY TO CAUSE INJURY OR
DEATH TO AN ELEPHANT.
  2. NO PERSON SHALL POSSESS ANY DEVICE WHICH EMITS AN ELECTRIC  CURRENT
OR  SHOCK  OR ANY INSTRUMENT THAT MAY REASONABLY RESULT IN DAMAGE, SCAR-
RING OR BREAKAGE TO THE SKIN OF  AN  ELEPHANT  IN  THE  PRESENCE  OF  AN
ELEPHANT. FOR THE PURPOSES OF THIS SUBDIVISION, SUCH IMPLEMENT OR DEVICE
INCLUDES,  BUT  IS  NOT  LIMITED TO, A BULLHOOK, ANKUS, OR OTHER SIMILAR
DEVICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06186-02-4
              

A. 3154--A                          2

  3. ANY VIOLATION OF THIS SECTION SHALL CONSTITUTE A CLASS E FELONY.
  4.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED TO AFFECT ANY OTHER
PROTECTIONS AFFORDED TO ELEPHANTS UNDER  ANY  OTHER  PROVISION  OF  THIS
CHAPTER OR ANY OTHER LAW.
  5.  NOTHING  CONTAINED  IN  THIS SECTION SHALL PREVENT ANY TOWN, CITY,
VILLAGE, OR COUNTY IN THE STATE FROM ENACTING A LOCAL LAW  OR  ORDINANCE
GOVERNING  OR  RESTRICTING  THE USE OF ELEPHANTS WITHIN SUCH TOWN, CITY,
VILLAGE, OR COUNTY PROVIDED, HOWEVER, THAT  NO  SUCH  LAW  OR  ORDINANCE
SHALL BE LESS STRINGENT THAN THIS SECTION.
  6.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A VETERINA-
RIAN FROM PERFORMING NECESSARY TREATMENT ON AN ELEPHANT.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.