An Act To Prevent Abuse of Elephants and To Provide for Public Safety Further amend the bill by striking out all of section 1 and inserting in its place the fOllowing: Sec. 1. 7 MRSA §3973 is enacted to read: §3973. Elephant displays and contact 1. Definitions. As used in this section, unless the context otherwise indicates. the following terms have the following meanings. A. Display" means an exhibit. act. circus. public show, trade show, photographic opportunity, carnival, parade, petting zoo or zoo. B. Knowingiy" has the same meaning as in Title 17 -A, section 35, subsection 2. C. Traveling exhibition means a display that has no permanent legal residence or situs in this State or remains continuously at anyone location within this State for a period less than 60 days. Page 1-LR0019(2) COMAlflTTEE AMENDMENT
Maine Legislature, Session 121, LD 0327
Committee Amendment CA_A_S85 (Senate)
Amends: 7 MRSA §3973

AMENDMENT "A" to 
Abuse of Elephants" 
S.P. 109, L.D. 327, Bill, "An 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Prevent Abuse of Elephants and To Provide for Public 
Safety' 
Further amend the bill by striking out all of section 1 and 
inserting in its place the fOllowing: 
'Sec. 1. 7 MRSA §3973 is enacted to read: 
§3973. 
Elephant displays and contact 
1. 
Definitions. 
As 
used in this section, 
unless 
the 
context 
otherwise 
indicates. 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Display" means an exhibit. act. circus. public show, 
trade 
show, 
photographic 
opportunity, 
carnival, 
parade, 
petting zoo or zoo. 
B. 
"Knowingiy" has the same meaning as in Title 17 -A, 
section 35, subsection 2. 
C. 
"Traveling exhibition" 
means 
a 
display that has 
no 
permanent legal residence or situs in this State or remains 
continuously at anyone location within this State for a 
period less than 60 days. 
COMAlflTTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 109, L.D. 327 
2. 
Requirement to file itinerary with department. 
A person 
bringing an elephant into the State as part of 
a 
traveling 
exhibition shall notify the department by filing a copy of the 
itinerary for the traveling exhibition a minimum of 30 days prior 
to entering the State. 
The filed itinerary must include the date 
and location of each performance or display of animals in the 
State. 
The person shall update the itinerary as necessary to 
ensure that the department knows the whereabouts of an elephant 
brought into this State. 
Failure to file and update an itinerary 
as required in this sUbsection is a civil violation for which a 
fine of not more than $1,000 may be adjudged. 
3. 
Transportation requirements. 
The ambient temperature in 
a compartment used to transport an elephant must be maintained 
between 45 degrees and 85 degrees Fahrenheit. 
The compartment 
must be ventilated in a 
manner that prevents the buildup of 
noxious 
fumes or odors. 
An owner or manager of an elephant 
transported in violation of this subsection commits a Class E 
prime. 
4. 
Inspection. 
The commissioner, a state humane agent, a 
veterinarian employed by the State or a licensed veterinarian at 
the direction of the commissioner may, at any reasonable time, 
enter an area where an elephant is kept or a compartment in which 
an elephant is transported to inspect for compliance with this 
section, the shelter and care requirements established in chapter 
and rules adopted in accordance with section 4017. 
The 
commissioner may inspect a traveling exhibition in accordance 
with 
the 
sanitation 
and 
health 
rules 
established 
by 
the 
department and for compliance with laws and rules, 
including 
permitting requirements, of the Department of Inland Fisheries 
and Wildlife pertaining to wildlife importation and possession. 
A veterinarian employed by the State or a licensed veterinar ian 
at the direction of the commissioner may, at any reasonable time, 
examine an elephant to determine the animal's health and look for 
signs of injury or abuse. 
A person employed by the traveling 
exhibition and responsible for care of the elephant shall assist 
the veterinarian as needed in making the examination. 
5. 
Tethering of elephants. 
An elephant must have a minimum 
of one hour each day, 
not including performance time, 
during 
which 
the 
animal's 
legs 
are 
not 
tethered or 
restrained by 
chains. 
An owner or manager of an elephant kept in violation of 
this subsection commits a Class E crime. 
6. 
Equipment prohibited. 
A person may not use any device 
that emits an electrical current on an elephant. 
A person may 
not use 
a 
hooked instrument in a 
manner that causes damage, 
COMMITTEE AMENDMENT 
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l{;t} 
COMMITTEE AMENDMENT ,,~, to S.P. 109, L.D. 327 
scarring or breakage of the skin. A violation of this subsection 
is a Class D crime. 
7. 
Contact prohibited. 
A person owning or having control 
of an elephant may not knowingly allow a person to ride an 
elephant, 
except for 
a 
person employed to train, exhibit or 
provide care to the elephant. 
A yio1ation of this subsection is a Class E crime. 
8. 
Cruelty to animals violations. 
A person whose behavior 
constitutes cruelty to animals under section 4011 or under Title 
17, section 1031 is subject to civil action under section 4016 or 
criminal prosecution under Title 17, section 1031.' 
SUMMARY 
This amendment is the minority report of the Joint Standing 
Committee on Agriculture, Conservation and Forestry. 
It replaces 
the original bill and does the following: 
1. 
Defines "traveling exhibition" and requires a 
person 
bringing an elephant into the State in a traveling exhibition to 
file a copy of the exhibition's itinerary with the Department of 
Agriculture, Food and Rural Resources a minimum of 30 days prior 
to entering the State; 
2. 
Requires a compartment used to transport elephants to be 
ventilated and to be maintained at a temperature between 45 and 
degrees; 
3. 
Provides 
for 
the 
inspection of 
the 
area 
where 
an 
elephant is kept to determine compliance with shelter and care 
requirements under Maine's animal welfare laws and rules adopted 
by the Department of Inland Fisheries and Wildlife; 
4. 
Allows a state veterinarian or a licensed veterinarian 
at the direction of the Commissioner of Agriculture, Food and 
Rural Resources to examine an elephant to determine the animal's 
health and look for signs of injury or abuse; 
5. 
Requires that an elephant have at least one hour a day 
during which its legs are not tethered or otherwise restricted; 
6. 
Prohibits the use of electrical prods and prohibits the 
use of an instrument in a manner that causes scarring or breakage 
of the skin; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'fi" to S.P. 109, L.D. 327 
7. 
Prohibits 
a 
person owning or having control of an 
elephant 
from 
allowing 
a 
member 
of 
the public 
to 
ride 
an 
elephant; and 
8. 
Establishes 
penal ties 
for 
violation 
of 
the 
laws 
specifically pertaining to elephants. 
FISCAL NOTE REQillRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/15/03 ;::t;pac:.. 
Office of Fiscal and Program Review 
LD327 
An Act to Prevent Abuse of Elephants 
LR 0019(02) 
A 
Fiscal Note for Bill as Amended by Committee Amendment 'ff' S~8"5 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes a new civil violation, Class D and Class E crimes. 
May increase the number of civil suits filed in the court system. 
LR0019(2) - Fiscal Note - Page 1 of 1