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, race, performance or similar undertaking by any traveling exhibition, in which an elephant is required to perform tricks, fight or participate in a performance for the amusement or entertainment of an audience.

B.__"Knowingly" has the same meaning as in Title 17-A, section 35, subsection 2.

C.__"Traveling exhibition" means an exhibition that has no permanent legal residence or situs in this State or remains continuously at any one location within this State for a period less than 60 days.

2.__Prohibition.__A person may not knowingly make available an elephant for:

A.__Use in a display; or

B.__The purpose of allowing an individual who is not providing caretaking services to the elephant to have physical contact, including, but not limited to, rides and feedings with the elephant.

3.__Penalty.__A person who violates subsection 2 commits a Class E crime, except that, notwithstanding Title 17-A, section 4-A, subsection 2-A, a person may not be imprisoned for a period that exceeds 90 days.

SUMMARY

This bill prohibits a person from making available an elephant for use in a traveling exhibition or for the purpose of allowing an individual to ride, feed or have other physical contact not related to the caring for the elephant. A person who violates this provision commits a Class E crime, except that the maximum period of imprisonment is 90 days.