ASSEMBLY, No. 4386

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED DECEMBER 12, 2016

 


 

Sponsored by:

Assemblyman  RAJ MUKHERJI

District 33 (Hudson)

 

 

 

 

SYNOPSIS

     “Nosey’s Law”; prohibits use of elephants in traveling animal acts.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the use of elephants in traveling animal acts, designated as Nosey’s Law, and supplementing Title 23 of the Revised Statutes. 

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.   Notwithstanding any other law, or any rule or regulation adopted pursuant thereto, to the contrary, no person shall use an elephant in a traveling animal act. 

     b.    Any person who violates this section shall be subject to the penalties provided in section 10 of P.L.1973, c.309 (C.23:2A-10), except that the criminal penalties provided in subsection f. of that section shall not apply.

     c.     As used in this section:

     “Mobile or traveling housing facility” means a vehicle, including a truck, trailer, or railway car, used to transport or house an animal used for performance. 

     “Performance” means any animal act, carnival, circus, display, exhibition, exposition, fair, parade, petting zoo, presentation, public showing, race, ride, trade show, or similar undertaking in which animals perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of a live audience. 

     “Traveling animal act” means any performance which requires an animal to be transported to or from the location of the performance in a mobile or traveling housing facility. 

 

     2.    This act shall take effect immediately. 

 

 

STATEMENT

 

     This bill, to be known as “Nosey’s Law,” would prohibit the use of elephants in traveling animal acts.  A traveling animal act is defined in the bill as any performance which requires an animal to be transported to or from the location of the performance in a mobile or traveling housing facility.  A mobile or traveling housing facility is defined in the bill as a vehicle, including a truck, trailer, or railway car, used to transport or house an animal used for performance.  Any person who violates this bill would be subject to the penalties provided in section 10 of “The Endangered and Nongame Species Conservation Act,” P.L.1973, c.309 (C.23:2A-10). This would include civil administrative penalties, civil penalties, and injunctive relief, but not the criminal penalties in subsection f. of that section. 

     Nosey is an elephant who is virtually crippled by arthritis, and who is forced to travel the country to give rides at fairs, flea markets, and other events. The arthritis has likely caused Nosey unnecessary suffering and permanent disability, and reports indicate that Nosey has been denied necessary veterinary care.  Despite this, the U.S. Department of Agriculture has failed to take action to protect Nosey, and Nosey’s owners continue to use her in shows.  This bill would prohibit such shows in New Jersey.