AN ACT Relating to the unlawful use of an elephant in a traveling animal act; adding a new section to chapter 16.52 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1.  A new section is added to chapter 16.52 RCW to read as follows:

(1) Any person who knowingly allows for the participation of an elephant in a traveling animal act commits a gross misdemeanor.

(2) When the person who violates this section is arrested or taken into custody, the arresting officer may take charge of the animal or animals and make necessary arrangements to safeguard and care for them. Any necessary expenses must be paid before the animal or animals are returned. Any expenses not paid may be recovered from the owner of the animal or the guilty person.

(3) This section does not apply to an exhibition of elephants at a duly licensed, nonmobile, permanent institution or facility.

(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Elephant" means the species of the family elephantidae protected under the federal endangered species act of 1973:

(i) Loxodonta africana and Loxidonta cyclotis, also known as the African elephant; and

(ii) Elephas maximum, also known as the Asian elephant or Indian elephant.

(b) "Mobile or traveling animal housing facility" means a transporting vehicle such as a truck, trailer, or railway car used to transport or house animals while traveling to a performance.

(c) "Performance" means an exhibition, public showing, presentation, display, exposition, fair, animal act, circus, ride, trade show, petting zoo, carnival, parade, race, or other similar undertaking in which animals are required to perform tricks, give rides, or participate as accompaniments for entertainment, amusement, or benefit of a live audience.

(d) "Person" means individuals, corporations, partnerships, associations, or other legal entities, and agents of those entities.

(e) "Traveling animal act" means any performance of animals where animals are transported to, from, or between locations for the purpose of a performance in a mobile or traveling animal housing facility.

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