Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2189 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1533 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2189
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adam Gomez
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the use of elephants, big cats, primates, giraffes, and bears in traveling exhibits
13	13	and shows.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Adam GomezHampdenVanna Howard17th Middlesex1/31/2023Michael O. MooreSecond Worcester2/9/2023Thomas M. Stanley9th Middlesex2/9/2023Jack Patrick Lewis7th Middlesex2/9/2023Angelo J. Puppolo, Jr.12th Hampden2/9/2023Brian M. Ashe2nd Hampden2/9/2023Bruce E. TarrFirst Essex and Middlesex2/9/2023Bradley H. Jones, Jr.20th Middlesex2/15/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/16/2023David F. DeCoste5th Plymouth2/16/2023Patrick Joseph Kearney4th Plymouth2/21/2023Carmine Lawrence Gentile13th Middlesex3/6/2023 1 of 4
17	17	SENATE DOCKET, NO. 1533 FILED ON: 1/19/2023
18	18	SENATE . . . . . . . . . . . . . . No. 2189
19	19	By Mr. Gomez, a petition (accompanied by bill, Senate, No. 2189) of Adam Gomez, Vanna
20	20	Howard, Michael O. Moore, Thomas M. Stanley and other members of the General Court for
21	21	legislation relative to the use of elephants, big cats, primates, giraffes, and bears in traveling
22	22	exhibits and shows. Tourism, Arts and Cultural Development.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE SENATE, NO. 2251 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act relative to the use of elephants, big cats, primates, giraffes, and bears in traveling exhibits
31	31	and shows.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. The General Laws are hereby amended by inserting after Chapter 131A the
35	35	2 following chapter:-
36	36	3 CHAPTER 131B.
37	37	4 USE OF COVERED ANIMALS IN TRAVELING ANIMAL ACTS PROHIBITED.
38	38	5 Section 1. Definitions.
39	39	6 The following words shall have the following meanings unless the context clearly
40	40	7 requires otherwise: 2 of 4
41	41	8 “Covered animal,” any of the following animals, and hybrids thereof:
42	42	9 (a) Elephantidae;
43	43	10 (b) Felidae: lions (Panthera leo), tigers (Panthera tigris), leopards (Panthera pardus),
44	44	11 clouded leopards (Neofelis nebulosa and Neofelis diardi), snow leopards (Panthera
45	45	12uncia),
46	46	13 jaguars (Panthera onca), cheetahs (Acinonyx jubatus), mountain lions (Puma concolor),
47	47	14including any hybrids thereof;
48	48	15 (c) Non-human primate;
49	49	16 (d) Ursidae; and
50	50	17 (e) Giraffidae.”
51	51	18 “Mobile or traveling housing facility,” a transporting vehicle such as a truck, trailer or
52	52	19railway car, used to transport or house animals while traveling for exhibition or other
53	53	20performance.
54	54	21 “Performance,” any exhibition, public showing, presentation, display, exposition, fair,
55	55	22animal act, circus, ride, trade show, petting zoo, carnival, parade, race, or similar undertaking in
56	56	23which animals are required to perform tricks, give rides, or participate as accompaniments for the
57	57	24 entertainment, amusement, or benefit of a live audience.
58	58	25 “Person,” an individual, corporation, firm, partnership, joint venture, limited liability
59	59	26 company, estate, trust, receiver, syndicate, association, or other legal entity. 3 of 4
60	60	27 “Traveling animal act,” any performance of animals where such animals are transported
61	61	28to, from, or between locations for the purpose of such performance, in a mobile or traveling
62	62	29housing facility.
63	63	30 Section 2. Prohibition.
64	64	31 (a) To the extent that such activity is not prohibited by Section 77B of Chapter 272, and
65	65	32notwithstanding any other provision of law, no person shall allow for the participation of a
66	66	33covered animal in a traveling animal act.
67	67	34 (b) This chapter shall not apply to a performance that takes place at a non-mobile,
68	68	35permanent institution or other fixed facility, provided that the covered animal is not transported
69	69	36to such location for the purpose of such performance.
70	70	37 Section 3. Civil Penalty.
71	71	38 Any person who violates this chapter shall be subject to a civil penalty of not less than
72	72	39five hundred dollars ($500) and not more than ten thousand dollars ($10,000), per animal
73	73	40involved in the violation.
74	74	41 Section 4. Enforcement.
75	75	42 (a) Any officer or agent authorized by the department, or law enforcement officer of the
76	76	43state or of any unit of local government within the state may enforce the provisions of this
77	77	44chapter.
78	78	45 (b) The director of the division of fish and wildlife, department of fisheries, wildlife and
79	79	46environmental law enforcement may adopt rules relating to the implementation of this chapter. 4 of 4
80	80	47 SECTION 2. The provisions of this Act are in addition to, and not in lieu of, any other
81	81	48laws protecting animal welfare. This section may not be construed to limit any state law or rules
82	82	49protecting the welfare of animals or to prevent a local governing body from adopting and
83	83	50enforcing its own animal welfare laws and regulations.
84	84	51 SECTION 3. If any part, section or subdivision of this chapter, or the application thereof,
85	85	52shall be held invalid, unconstitutional or inoperative as to any particular person, persons or
86	86	53conditions, the remainder hereof, or the application of any such part, section or subdivision to
87	87	54other persons and conditions, shall not be affected thereby.
88	88	55 SECTION 4. This Act shall take effect on January 1, 2024.