2013 -- H 5853

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LC01894

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY

     Introduced By: Representatives Gallison, and Serpa

     Date Introduced: March 06, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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

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amended by adding thereto the following section:

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

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terms shall have the following meanings:

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

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2131 et seq., and its subsequent amendments, regulations and standards adopted pursuant to the

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

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

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

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

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

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

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

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

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obtaining required medical services for an elephant or for the exchange of an elephant between

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sanctuaries.

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

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

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any of the following:

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

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

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

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

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elephant shall be construed as an implement or device which may reasonably result in harm,

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damage, scarring or breakage of skin to an elephant. For purposes of this subsection such

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

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

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

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

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

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

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

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bullhook, ankus, or other similar device.

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

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shortest amount of time necessary to provide actual medical treatment.

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

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($5000) per violation or imprisoned for not more than one year, or by both such fine and

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imprisonment.

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     SECTION 2. This act shall take effect upon passage.

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LC01894

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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 specifically regulate the treatment of captive elephants and would make

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the inhumane treatment of elephants a felony.

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     This act would take effect upon passage.

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LC01894

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