1 of 1
SENATE DOCKET, NO. 1443 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 2197
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Bruce E. Tarr
_________________
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.
_______________
PETITION OF:
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
SENATE DOCKET, NO. 1443 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 2197
By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2197) of Bruce E. Tarr, Edward J.
Kennedy, Jack Patrick Lewis, Vanna Howard 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
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
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
2following 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
7requires 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),
11clouded leopards (Neofelis nebulosa and Neofelis diardi), snow leopards (Panthera uncia),
12jaguars (Panthera onca), cheetahs (Acinonyx jubatus), mountain lions (Puma concolor),
13including any hybrids thereof;
14 (c) Non-human primate;
15 (d) Ursidae; and
16 (e) Giraffidae.”
17 “Mobile or traveling housing facility,” a transporting vehicle such as a truck, trailer or
18railway car, used to transport or house animals while traveling for exhibition or other
19performance.
20 “Performance,” any exhibition, public showing, presentation, display, exposition, fair,
21animal act, circus, ride, trade show, petting zoo, carnival, parade, race, or similar undertaking in
22which animals are required to perform tricks, give rides, or participate as accompaniments for
23theentertainment, amusement, or benefit of a live audience.
24 “Person,” an individual, corporation, firm, partnership, joint venture, limited liability
25company, estate, trust, receiver, syndicate, association, or other legal entity. 3 of 4
26 “Traveling animal act,” any performance of animals where such animals are transported
27to, from, or between locations for the purpose of such performance, in a mobile or traveling
28housing facility.
29 Section 2. Prohibition.
30 (a) To the extent that such activity is not prohibited by Section 77B of Chapter 272, and
31notwithstanding any other provision of law, no person shall allow for the participation of a
32covered animal in a traveling animal act.
33 (b) This chapter shall not apply to a performance that takes place at a non-mobile,
34permanent institution or other fixed facility, provided that the covered animal is not transported
35to such location for the purpose of such traveling animal act performance. Section 3. Civil
36Penalty.
37 Any person who violates this chapter shall be subject to a civil penalty of not less than
38five hundred dollars ($500) and not more than ten thousand dollars ($10,000), per animal
39involved in the violation.
40 Section 4. Enforcement.
41 (a) Any officer or agent authorized by the department, or law enforcement officer of the
42state or of any unit of local government within the state may enforce the provisions of this
43chapter.
44 (b) The director of the division of fish and wildlife, department of fisheries, wildlife and
45environmental law enforcement may adopt rules relating to the implementation of this chapter. 4 of 4
46 SECTION 2. The provisions of this Act are in addition to, and not in lieu of, any other
47laws protecting animal welfare. This section may not be construed to limit any state law or rules
48protecting the welfare of animals or to prevent a local governing body from adopting and
49enforcing its own animal welfare laws and regulations.
50 SECTION 3. If any part, section or subdivision of this chapter, or the application thereof,
51shall be held invalid, unconstitutional or inoperative as to any particular person, persons or
52conditions, the remainder hereof, or the application of any such part, section or subdivision to
53other persons and conditions, shall not be affected thereby.
54 SECTION 4. This Act shall take effect on January 1, 2024.