Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2197 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. 1443 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2197
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr
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 :Bruce E. TarrFirst Essex and MiddlesexEdward J. KennedyFirst Middlesex1/20/2023Jack Patrick Lewis7th Middlesex1/30/2023Vanna Howard17th Middlesex1/31/2023Michael O. MooreSecond Worcester2/2/2023Brian M. Ashe2nd Hampden2/5/2023Angelo J. Puppolo, Jr.12th Hampden2/6/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/15/2023Bradley H. Jones, Jr.20th Middlesex2/15/2023David F. DeCoste5th Plymouth2/16/2023Patrick Joseph Kearney4th Plymouth2/16/2023Carmine Lawrence Gentile13th Middlesex3/3/2023Pavel M. PayanoFirst Essex3/7/2023Mathew J. Muratore1st Plymouth3/9/2023James B. EldridgeMiddlesex and Worcester3/11/2023 1 of 4
17	17	SENATE DOCKET, NO. 1443 FILED ON: 1/19/2023
18	18	SENATE . . . . . . . . . . . . . . No. 2197
19	19	By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2197) of Bruce E. Tarr, Edward J.
20	20	Kennedy, Jack Patrick Lewis, Vanna Howard 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	2following 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	7requires 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	11clouded leopards (Neofelis nebulosa and Neofelis diardi), snow leopards (Panthera uncia),
45	45	12jaguars (Panthera onca), cheetahs (Acinonyx jubatus), mountain lions (Puma concolor),
46	46	13including any hybrids thereof;
47	47	14 (c) Non-human primate;
48	48	15 (d) Ursidae; and
49	49	16 (e) Giraffidae.”
50	50	17 “Mobile or traveling housing facility,” a transporting vehicle such as a truck, trailer or
51	51	18railway car, used to transport or house animals while traveling for exhibition or other
52	52	19performance.
53	53	20 “Performance,” any exhibition, public showing, presentation, display, exposition, fair,
54	54	21animal act, circus, ride, trade show, petting zoo, carnival, parade, race, or similar undertaking in
55	55	22which animals are required to perform tricks, give rides, or participate as accompaniments for
56	56	23theentertainment, amusement, or benefit of a live audience.
57	57	24 “Person,” an individual, corporation, firm, partnership, joint venture, limited liability
58	58	25company, estate, trust, receiver, syndicate, association, or other legal entity. 3 of 4
59	59	26 “Traveling animal act,” any performance of animals where such animals are transported
60	60	27to, from, or between locations for the purpose of such performance, in a mobile or traveling
61	61	28housing facility.
62	62	29 Section 2. Prohibition.
63	63	30 (a) To the extent that such activity is not prohibited by Section 77B of Chapter 272, and
64	64	31notwithstanding any other provision of law, no person shall allow for the participation of a
65	65	32covered animal in a traveling animal act.
66	66	33 (b) This chapter shall not apply to a performance that takes place at a non-mobile,
67	67	34permanent institution or other fixed facility, provided that the covered animal is not transported
68	68	35to such location for the purpose of such traveling animal act performance. Section 3. Civil
69	69	36Penalty.
70	70	37 Any person who violates this chapter shall be subject to a civil penalty of not less than
71	71	38five hundred dollars ($500) and not more than ten thousand dollars ($10,000), per animal
72	72	39involved in the violation.
73	73	40 Section 4. Enforcement.
74	74	41 (a) Any officer or agent authorized by the department, or law enforcement officer of the
75	75	42state or of any unit of local government within the state may enforce the provisions of this
76	76	43chapter.
77	77	44 (b) The director of the division of fish and wildlife, department of fisheries, wildlife and
78	78	45environmental law enforcement may adopt rules relating to the implementation of this chapter. 4 of 4
79	79	46 SECTION 2. The provisions of this Act are in addition to, and not in lieu of, any other
80	80	47laws protecting animal welfare. This section may not be construed to limit any state law or rules
81	81	48protecting the welfare of animals or to prevent a local governing body from adopting and
82	82	49enforcing its own animal welfare laws and regulations.
83	83	50 SECTION 3. If any part, section or subdivision of this chapter, or the application thereof,
84	84	51shall be held invalid, unconstitutional or inoperative as to any particular person, persons or
85	85	52conditions, the remainder hereof, or the application of any such part, section or subdivision to
86	86	53other persons and conditions, shall not be affected thereby.
87	87	54 SECTION 4. This Act shall take effect on January 1, 2024.