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