Connecticut Seal

General Assembly

 

Raised Bill No. 6555

January Session, 2009

 

LCO No. 3875

 

*03875_______ENV*

Referred to Committee on Environment

 

Introduced by:

 

(ENV)

 

AN ACT CONCERNING THE HUMANE TREATMENT OF ELEPHANTS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2009) (a) As used in this section:

(1) "Circus" means a performance by a live animal, clown or acrobat pursuant to a class C license issued in accordance with the provisions of the Animal Welfare Act, 7 USC 2131 et seq., as amended from time to time;

(2) "Person" means an individual, sole proprietorship, trust, corporation, limited liability company, union, association, firm, partnership, committee, club or other organization or group; and

(3) "Traveling show" means a circus, public show, trade show, photographic opportunity, carnival, city or county fair, agricultural fair, ride, parade, race, performance or a similar event at which elephants do not permanently reside or that moves elephants to different locations. A traveling show does not mean the transportation of elephants for the purpose of obtaining required medical services for such elephants or for the exchange of elephants between sanctuaries.

(b) (1) A person who houses, possesses, is in contact with or travels with any elephant utilized in a circus or traveling show within the state shall be guilty of harming an elephant when such person uses any implement or device on an elephant that results in harm to the elephant, including, but not limited to, damage, scarring or breakage of such elephant's skin. Any person who uses an implement or device for the purpose of shocking, poking, striking, hitting, stabbing, piercing or pinching the skin of an elephant, including, but not limited to, an electric prod, a bullhook, an ankus or other similar device, shall be deemed to have harmed such elephant.

(2) A person who houses, possesses, is in contact with or travels with any elephant utilized in a circus or traveling show within the state shall be guilty of harming an elephant when such person uses a chain or similar device to restrain an elephant. Nothing in this section shall prohibit a person from restraining an elephant through the use of an elephant restraint device or a chain to provide actual medical treatment, to move an elephant in preparation for travel or to train an elephant to become accustomed to a chain or similar device for purposes of medical treatment or movement in preparation for travel, provided the following conditions are met: (A) The chain or similar device has appropriate padding designed to not injure the elephant, (B) the elephant is not left unattended while restrained, and (C) the restraint utilized for the shortest amount of time reasonably necessary for its intended purpose.

(c) A person who houses, possesses, is in contact with or travels with any elephant utilized in a circus or traveling show within the state shall be guilty of possession of a device that may be used to harm an elephant when such person possesses a device that is used, purchased, contrived or constructed for the purpose of shocking, poking, striking, hitting, stabbing, piercing or pinching the skin of an elephant, including, but not limited to, an electric prod, a bullhook, an ankus or other similar device. Nothing in this section shall prohibit a person from possessing a device as described in this section if such person does not house, possess, come in contact with or travel with an elephant.

(d) Harming an elephant pursuant to subsection (b) of this section shall be a class A misdemeanor. Each day such violation continues shall be a separate and distinct offense.

(e) Possession of a device that may be used to harm an elephant pursuant to subsection (c) of this section shall be a class B misdemeanor.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2009

New section

Statement of Purpose:

To prohibit the inhumane treatment of elephants.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]