2014 -- S 2189

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LC003884

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY

     Introduced By: Senators Archambault, Ruggerio, DiPalma, Goldin, and Lombardi

     Date Introduced: January 30, 2014

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 4-1 of the General Laws entitled "Cruelty to Animals" is hereby

amended by adding thereto the following section:

     4-1-41. Humane treatment of elephants. -- (a) As used in this section, the following

terms shall have the following meanings:

     (1) "Circus" means a class C licensee under the Animal Welfare Act, 7 U. S. C. 2131 et

seq., and its subsequent amendments, regulations and standards adopted pursuant to the act, that

offers a performance by a live animal, clown or acrobat.

     (2) "Person" means an individual, partnership, corporation, organization, trade or

professional association., firm, limited liability company, joint venture, association, trust, estate,

or any other legal entity, and any agent, or representative thereof.

     (3) "Traveling show" means a circus, public show, trade show, photographic opportunity,

carnival, city or county fair, agricultural fair, ride, parade, race, performance or a similar

undertaking in which elephants do not permanently reside or that moves the elephants from

location to location, but not including the transportation of elephants for the purpose of obtaining

required medical services for an elephant or for the exchange of an elephant between sanctuaries.

     (b) It shall be unlawful for any person who houses, possesses, is in contact with, or

travels with any elephant utilized in a circus or traveling show within Rhode Island to engage in

any of the following:

     (1) Use of any implement on an elephant that may reasonably result in harm to the

elephant including, but not limited to, the damage, scarring or breakage of an elephant's skin. Any

such implement or device that is used, purchased, contrived for or constructed for the purpose of

poking, striking, hitting, stabbing, piercing, pinching or other physical contact of an elephant shall

be construed as an implement or device which may reasonably result in harm, damage, scarring

or breakage of skin to an elephant. For purposes of this subsection such implement or device

includes, but is not limited to, a bullhook, ankus or other similar device.

     (2) Possession of any implement or device that may reasonably result in harm, damage,

scarring or breakage of skin to an elephant. Any such implement or device that is used,

purchased, contrived for or constructed for the purpose of poking, striking, hitting, stabbing,

piercing, pinching or other physical contact of an elephant shall be construed as an implement or

device which may reasonably result in harm, damage, scarring or breakage of skin to an elephant.

For purposes of this subsection, such implement or device includes, but is not limited to, a

bullhook, ankus, or other similar device.

     (3) Use of a chain or similar device to restrain an elephant, except if utilized for the

shortest amount of time necessary to provide actual medical treatment.

     (c) Whoever violates this section shall be fined not more than five thousand dollars

($5,000) per violation or imprisoned for not more than one year, or by both such fine and

imprisonment.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY

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     This act would regulate the treatment of captive elephants and would make the inhumane

treatment of elephants in violation of this section a felony.

     This act would take effect upon passage.

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LC003884

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