2021-11-19 00:00:00 - Joint Committee on Tourism, Arts and Cultural Development

[SEN KENNEDY:] All right, so being 11:0015 will call the the uh the hearing for the Joint Committee on Tourism Arts and Cultural Development to order. We've got three bills that will be hearing today? House 3376. Um And Senate 2251, which are essentially the same piece of legislation and house 4120.

SHOW NON-ESSENTIAL DIALOGUE

[REP BALSER:] [HB4120] Thank you very much. Mr Chairman Madam Chair uh for taking me at this time to speak in support of a bill that's really important. Uh162 H 4120 an act modernizing library access to electronic books and digital audiobooks. Uh So this really is a bill that's about bringing us into our new era. Um I think all of us appreciate value the important role that public libraries have played in all of our lives. I know for me very special feelings about how important public libraries were growing up and throughout my life and to those of our constituents. But we live in a new world. And not all books are printed anymore. In fact about 20% of material information is now digital and audio.

And um we have a problem which is that some of the big companies like amazon, uh don't213 give a sufficient access to all the reading information uh to libraries. And so what this bill would do is just ensure that uh libraries have access to that material from those big companies on reasonable terms. And this legislation was based on bills that have successfully passed and several other states Maryland new york Rhode island. Uh and243 you're going to hear from the real experts after I speak because many of the folks who work in libraries and participate in library associations are going to be testifying today and I hope the committee works with us and supports this legislation. Thank you so much.

SHOW NON-ESSENTIAL DIALOGUE

[REP ERLICH:] [SB2251] [HB3376] Um thank you. Thank you. Thank you. Chair Kennedy and thank you. Chair Fiola Um hopefully you can hear me and um and other honourable members of the committee and so thank you for your time this morning and it is great to see you even if virtually um, I come before you today in support of those two bills. Um it's House 3376 and Senate 2251, an act relative to the use of elephants, Big cats, primates, giraffes, and bears and traveling exhibits and shows I've sponsored this legislation and its some different forms for several sessions and I'm pleased to be joined now by minority leader bread, Jones Minority leader Bruce357 Tarr and Senator Adam Gomez. Um, what this legislation does is it prohibits the use of elephants, big cats, primates and bears in traveling exhibits and shows with a penalty of not less368 than $500 and not more than $10,000 per animal involved as of 2000 and 19. We've expanded the bill to protect bears, primates, giraffes, and big cats in addition to elephants.

So just to give you a very brief snapshot of the tragic lives that these animals lead for our amusement. Um, when they're at venues, animals are often confined to windowless trailers, sometimes for days when they're not out performing. Um, and the same is true when they're being transported, which is their state nearly year round. Um, Some of their training involves the use of sharp instruments that resemble fireplace pokers. They're known as bull hooks, um, that bruise and416 pierced their skin so that they can basically be kept under control, but also learned tricks. Um, and this was actually the subject of prior filings of this bill. Um, elephants on the road are limited to small pens that restrict their movement to most a step forward or a step back. Um when they're confined this way, they developed a degenerative joint disease and foot disorders, as well as urine burns and rotting and cracked footpads and cracked and infected nails from standing in their own excrement.

Um, elephants often become depressed, anxious and aggressive. Um big cats, It's interesting there typically semi nocturnal And when they are forced to perform during the daytime, um it goes against their natural rhythms in the wild. Tigers tend to470 sleep for 16-20 hours per day. Um wouldn't that be nice hunting at night aided by their night vision? That has evolved to be six times better than that of humans? Um Primates which are most like us, are highly social and intelligent animals that suffer when isolated and deprived of companionship and lastly bears. Um, when they're forced to perform their deprived of something called to poor um, T. O. P. O. R. And it's501 a deep winter sleep that can last more than 100 days and during that506 time they don't eat, they don't drink or pass waste. Um, so watching animals perform unnatural tricks like standing on their heads, jumping through flaming hoops or balancing on beams does not teach our Children to respect or appreciate animals. Instead it teaches our Children that mere moments of entertainment justifies our outweighs concerns over the animals, treatment and welfare.

It really puts profits and exploitation over respect and conversation conservation. Um All of these animals truly belong in the wild or, or at least under the protection of an asia accredited institution, we've seen significant momentum across the commonwealth to end the use of animals in circuses and other live acts either by voluntary action by circus operators or through municipal action, but we have562 failed to step up to the plate as a state. Um, Topsfield, you may have heard home of the famed Topsfield fair is a leader among the 30 municipalities in massachusetts that have passed local ordinances in 2000 and 19. They banned the use of elephants and camels, which you used to often see at the Topsfield Fair. Yet there are still entertainment acts in massachusetts that use exotic animals. We all know of the tragic death of Biele and elephant in593 captivity at the Big E and other related incidents involving Comerford and sons who are the operators at the fair,

We should be proud that our state hosts the largest agricultural event and fair in New England, but hosting these operators of traveling acts at their fair does not align with our values. The industry as a whole recognizes the public sentiment has changed um Feld Entertainment, which you may have heard of their by far the largest operator in this industry and currently dormant. Um, they recently announced the return of Ringling Brothers and Barnum and Bailey Circus in 2023 without animals, so they're coming back without animals. Um, previously in prior years, they've been the primary opponent to this bill. Um, and I'm, I'm delighted to give them credit where credit is due. I commend them for this move and look forward to their new humane model. So, um, while the federal Animal welfare Act, which the USDA enforces USDA being the Department of Agriculture regulate circuses, um, no agency monitors. Training sessions were most of the violent abuse occurs.

Um, the w establishes only minimum guidelines and currently a facility can comply with679 federal law even if animals were treated inhumanely, most circuses, least elephants and other animals from other exhibitors. And many exhibitors that perform in massachusetts have histories of violations. There's a clear need for state level action. So lets make this the session, the one where we finally protect these animals from a life of cruelty. Let's be in step with our local communities and six other states that have already banned the use of wild animals and traveling shows. Um, we710 must711 take meaningful steps and ending these acts within our state and sending a message to their operators that this exploitation will not be tolerated in massachusetts. I appreciate your consideration of this bill and happy to answer questions and also ask for a favorable report out of committee so we can get it moving. So thank you, thank you for your patience and listening to my testimony and uh, thank you all for being here today.

SHOW NON-ESSENTIAL DIALOGUE

[REP FIOLA:] Chair Ehrlich Very, very good testimony. I know this is bill has been extremely important to you and many others. Before I ask the question, I do want to acknowledge that Representative Tricia Farley-Bouvier er of Pittsfield is with us of course from the committee as well as representatives kipp Diggs uh from the cape. So so um or more importantly from Osterville specifically, um six states have banned completely these same animals.

[EHRLICH:] Okay, I think there might be some variation among which animals because this this session we just added giraffes and bears. Um so I think there's probably a variation among the states. So I can't, I can't say for certain that it's all the same list of animals

[FIOLA:] and lastly uh you know obviously other people want to ask questions but the Ringling brothers to be potential change because we all think of the elephants, you know from our childhood, you know, being part of that um have we seen in massachusetts? Of course we've had covid, so it's a little different but have we seen a lessening of these animals being presented at these fairs, have we, have we seen that continue to decline um significantly and how many live bears do you roughly think there are and maybe someone else who is840 testifying lately later on can you answer that? Um how many there are in massachusetts, how many come through? How many shows or how many fares or festivals?

[EHRLICH:]850 That's a, that's a great multi level question. Thank you for that chair Fiola Um, Since I've been carrying this bill for several years, I've been able to observe changes in attitudes and also changes in um, the presence of, um, these, these, um,867 these animals in live venues, So Feld Entertainment, which runs Barnum & Bailey Circus. Originally, they were just fighting to keep the status quo, but they were also seeing that attitudes were changing. Um, they made an announcement that at first they were just not going to include animals and then they just shut down.

Um, so it was really a, sign a signal to everybody else in this area of the biggest ones. And they actually had their own elephants. Um, so they were, um, you know, they would tout how they cared for the elephants and you know, would bring people on tours to see their facility and um, what what worries me most though is the smaller operators that don't have the facilities that Barnum & Bailey had and you know, the response to taking responsibility themselves to make sure the animals are cared for and being very much in the public eye, but still they felt924 it wasn't sending a good signal and voluntarily decided to stop that stop that behaviour and their reemergence without animals is really going to demonstrate that it can be done.

We don't need to, um, you know, subject the animals to this treatment um and confinement um, you know, in order to entertain ourselves and I think it sends a good message to Children too that, you know, you can, you don't need to exploit the animals to um to be entertained. Um and we should be more concerned about their their safety and uh treatment than we should about those few moments of entertainment, seeing them do some trick that they don't do naturally.

Um so I have over the years, I have seen this change in attitude in the public, but I've also seen as I filed the bill that we're almost down to um we're almost down to one company in Massachusetts that is really opposed to this bill going forward. So over time, you know, it's become much easier I think to to get over the line. There is one company which I did mention in my testimony that I think is still actively opposed. Um but you know, I think we it's time for our state to be aligned1003 with attitudes in the commonwealth. I think it's really important it sends a good signal, you know,1008 that we won't tolerate it.

SHOW NON-ESSENTIAL DIALOGUE

[JASON HOMER (WORCESTER PUBLIC LIBRARY:] [HB4120] Thank you. Mr. Chair and Madam Chair as well as committee members present. My name is Jason Homer and I am a resident of Mass of Marlborough Massachusetts and the executive director for the Worcester Public Library and we'll speak to you briefly today about my support of House 4120. As the director of the Worcester Public Library. I oversee library services for the second largest population set in Massachusetts. The higher cost of e-books to public libraries disproportionately impacts low income Children their families and harms the most vulnerable populations and I implore this committee to pass House 4120 and demand Fair pricing for e-books and digital audiobooks.

When when the stay at home order was put in place, E-books became a lifeline to our communities and libraries all over the state, but more resources into making e-books available. Unfortunately, the lack of transparency and consistency in pricing and causes libraries to spend significantly more money on fewer items to align to our patrons. Patrons need these items to slow Learning loss, build new skills of jobs that were eliminated um or simply cope with the trauma of daily life in a global pandemic.

While libraries all over the commonwealth saw a huge growth and read digital readership, we were forced to reduce our services to account for a cost of higher ebook, higher cost of e-books. As the director of the Worcester Public Library, I also oversee administration for the Worcester Talking Book Library, a subregional library for the for the blind in central Massachusetts. I'm not being superfluous when I say the staff of the Worcester Talking Book Library and the Perkins Library were1204 lifelines to their patrons during the pandemic. These patrons1207 have physical limitations and disabilities that rely on digital copies to have equitable access to learning and entertainment. The residents of Massachusetts deserve fair pricing for their public library e-books which will in turn grant wider access and allow us to help increase literacy throughout the commonwealth. Thank you for your time.

SHOW NON-ESSENTIAL DIALOGUE

[MARIA MCCAULEY (CAMBRIDGE PUBLIC LIBRARY):] [HB4120] Hello Chair Fiola chair. Kennedy thank you through you. Um My name is Maria McCulley. I'm the director of Cambridge Public Library President elect of the Public Library Association. Public libraries are committed to providing equitable information access to all. every day Libraries in Massachusetts opened their doors and lend materials to thousands of patrons and when our physical buildings are closed our virtual doors are open. This is where we continue to loan materials via e content resources.

We serve a broad range of users and make special efforts to help low income patrons, including youth and their caregivers unsheltered individuals, older Americans and persons with disabilities. Digital content such as e books or eaudiobooks or helpful for seniors, people with disabilities in different learning styles or others who may find digital content more accessible. The current restrictions some publishers place on libraries disproportionately harm those who need the help the most. Some publishers do not lend original digital content to libraries at any price. That's just not fair.

Additionally, publishers who do sell e content to libraries charge a lot more for a title than the printed versions or the e title sold directly to consumers. The discrepancies between the cost of print copies and e books and e audio And the impact on our communities can be illustrated with acquiring one book President Barack Obama's A Promised Land. The Minuteman Library Network paid $31,000 for 550 copies of the eaudiobooks Of these. Only 93 are perpetual use, which means that 463 copies will no longer be available After the metered access of 12 months expires.

The network1384 also paid for access to 400 Ebooks at the cost of approximately $11,000. All tolled the network spent over $40,000 for one title, acquiring the print and CD Version of the book amounted to approximately half the cost of acquiring this title in e-book and the eaudio format. Parity In the cost of digital books will go long ways towards guaranteeing access to more residents of the commonwealth. Not being willing to lend to libraries or forcing libraries to pay a higher price1420 for a license of limited duration which causes huge waiting lists is unfair to the people of the commonwealth and it is our vulnerable populations who especially lose out widening the digital and learning equity gap. Thank you for your consideration.

SHOW NON-ESSENTIAL DIALOGUE

[JENNIFER HARRIS (MLA LEGISLATIVE COMMITTEE):] [HB4120] Hello, thank you. Uh My name is Jennifer Harris. I represent the Massachusetts Library Association Legislative Committee and as co chair of this active committee, I can say how eager I am to speak with you today on the topic that is extremely important to all of the libraries in the commonwealth. And by extension, all residents of Massachusetts. Supporting H 4120 accomplishes two of the most important concerns that affect our1487 members and the library community at large Equity and accessibility. H 4120 is an opportunity to create more equity in Massachusetts libraries. MLA is grateful to Representative Balser for introducing this bill and starting this conversation.

We are also grateful to her colleagues who have signed on in support of the bill. The purpose of this bill is to make electronic books and digital audiobooks accessible to libraries and our users on fair terms. it will correct an unbalanced playing field and create a fair marketplace for libraries to purchase digital materials. Most frequently, the ebooks that our residents have used in increasing numbers Since the COVID-19 pandemic. This market correction will also increase the equity in our communities, allowing more people access to library materials on a digital platform. After all, a paper book presents the same content as the digital version.

The mission of libraries is to provide access to information for all many of our residents require or prefer digital content. Libraries must be able to enter into digital licensing agreements with publishers within the confines1566 of reasonable library budgets and terms that allow libraries to continue lending even as technology advances. The restrictive licensing agreements that have developed from the e-book publishers impacts access to materials as well as library budgets. City and town purse strings are continually being cut, which also affects libraries' purchasing power. Publishers have negotiated increasingly restrictive agreements that force libraries to continually replace their digital titles.

Libraries are renting books from publishers rather than purchasing and owning them1605 as we have done for years. This is an impediment to free libraries, schools and academic libraries. MLA Legislative Committee is the avenue whereby library advocacy throughout the commonwealth is always our primary focus. We strive to make connections with our local representatives and senators as a means of continually educating the public about the importance of all types of libraries in their community, whether they are public, school, academic or special.

It is in this capacity that we intend to work with Representative Balser, her co-signers, and the Library caucus to support H 4120. MLA Legislative Committee has been working with Library Futures Foundation and EveryLibrary in an effort to strengthen our1653 understanding of the laws that are governing this issue. We have worked for several years to address the higher cost of electronic books And digital audio books to libraries versus the average consumer. In many cases an individual can purchase a title for $20 when that very same title will cost a library $75.

While we have addressed this inequity with publishers directly Very little headway has been made. Therefore, with the knowledge that Library Futures1684 Foundation and EveryLibrary brings us, we support their work with the library caucus to establish new provisions for this bill. The goal would be to identify the clauses in these rent only licenses and allow state law to declare these clauses an unconscionable license agreement between publishers and libraries and further define it as an unfair and deceptive trade practice.

Lastly, we suggest the bill provide public and private causes of action to enforce the provisions. In doing so It1718 ensures that libraries are empowered to serve their communities1721 in the digital era and negotiating on the same level playing field enjoyed by other publishing customers. I respectfully submit this, Jennifer Harris co-chair.

SHOW NON-ESSENTIAL DIALOGUE

[FIOLA:] Thank you. Chair Kennedy thank you Jennifer and and everyone on this topic because being a bill that was more recently filed and certainly for the first time we're getting um acclimated with all the details of it. So we very much appreciate it. I know I do learning as much as possible today and moving forward, it's my understanding and maybe you can correct me that right now only Maryland is planning for this. It's been voted on and will be going into effect in January. Is that correct?

SHOW NON-ESSENTIAL DIALOGUE

[HARRIS:] Maryland Maryland has passed the law as well as Rhode Island. Rhode Island did a little bit of a combination and I will defer to speakers further in our list. Kyle Courtney perhaps can address that question. But from1800 my understanding, Maryland is going has already passed it. And the fear is that they are going to run into um copyright problems. And even at the state level Ultimately, this whole bill across the nation should be addressed at the federal level. So we want to make it so that it makes it through those higher um concerns. So that's why consumer consumer protection is it would be helpful to add to this. But it's certainly our we fully support any action moving forward and appreciate your time on this.

[FIOLA:] Thank you Jennifer very much. Thank you Mr Chair.

SHOW NON-ESSENTIAL DIALOGUE

[JENNIE HALPERIN (LIBRARY FUTURES):] [HB4120] Great, thank you for your attention to this issue which I care deeply about as a resident of Massachusetts, a librarian, and a digital rights advocate. When COVID shuttered schools in March 2020, my husband,1885 a Boston public school1886 teacher for 11th and 12th Grade English lost access to the hundreds of print books his school had legally purchased for his students. When he attempted to provide access to the materials online, most of which were not held digitally by our local library.

He was left with few choices to provide the necessary online access to his students. He and his colleagues had to resort to stressful stopgap measures to simply teach their diverse curriculum through my work. I have spoken to many teachers in similar positions from educators forced to spend $25 per student per year for the Diary of Anne Frank. to teachers who were too afraid to do online storytime because publishing companies threatened litigation. This is not just anecdotal. Last October, the National Education Association reported that nearly a quarter of students nationally didn't have what they needed for online learning.

As a library advocate, I can share stories of inequity and lack of access, stories of learning gaps and unfair treatment treatment of the print disabled. What I want to focus on though is the ways in which the current system structurally disadvantages the public, not only through pricing but also through control. When a school or library license is1958 content, they are simply renting it from a big corporation without the rights inscribed by physical purchase, this makes it impossible to share or build digital library collections to avoid NDAs Or privacy violating terms or to provide ideal access to patrons.

It means that publishing companies can withhold major parts of their catalogs from the public and it disrupts the roles of publishers, libraries and the public that have existed for hundreds of years. I am grateful for the work of Representative Balser in introducing this bill and1988 for supporting the rights of libraries across the commonwealth. As the legislature considers this bill, I respectfully request that they consider amendments to avoid the potential litigation that has been threatened1998 in Maryland New York and Rhode Island where bills with the same language have been brought forth while this bill is written addresses some library concerns particularly around pricing.

I believe that due to our strong consumer protection laws, Massachusetts can and should adopt a version that is firmly2015 rooted in state laws, particularly consumer protection law Section 93A. To conclude, I would like to quote my colleague Heather Joseph director of the Scholarly Publishing and Academic Resources Coalition. At a recent event with Senator Ron Wyden,2028 whose office is currently investigating the library ebook market as well. She said we're seeing a change in the environment, which means you can still you still need a card to get access to books, but it's no longer a library card or a student ID. It's increasingly a credit card, we need interventions that work to combat that shift to flip that dynamic, you have the opportunity to make that change. And I hope you will support H 4120 particularly with the suggested amendments. Thank you.

SHOW NON-ESSENTIAL DIALOGUE

[KIM CHARLSON (PERKINS BRAILLE AND TALKING BOOK LIBRARY):] [HB4120] Thank you so much. Sorry about that. All right. Yes. I'm Kim Charlson and I'm the executive director of the Perkins Braille and Talking Book Library. And we have a long tradition of providing accessible library services beginning in 1837 making us one of the first um accessible libraries in the country to serve people with vision loss. Today through our partnership with the Library of Congress National Library Service for the Blind and Print Disabled. And the massachusetts Board of Library Commissioners, we offer accessible services circulated by US mail free of charge to individuals in braille and audio formats and through download to 25,000 people with disabilities in the commonwealth.

The ability to read a book, a magazine or newspaper is something that most people take for granted. But when vision loss or physical limitations make it impossible to read the printed word any longer The Perkins Library is, they're ready to restore the ability to read in a new way. Any resident of the commonwealth can um take advantage of our services if they have a disability that makes it difficult for them to read regular printed materials. Even with the support of the Massachusetts Board of Library Commissioners, only approximately 1% of all books published in the United States in a given year are made accessible to readers who are blind or have visual impairments.

Patrons with print disabilities want access to a wide range of materials just like people borrowing other from other libraries. With such a limited number of titles available, any process agreement cooperative or legislation that can help make more titles available to this population is absolutely a very good idea. Making electronic and digital audiobooks content available needs to be a partnership. We can't expect that any organization is going2248 to be able to have the capacity to provide access to everything But a true partnership to provide more access to electronic content for borrowers with disabilities who can read with assistive technology.

Just like I am doing right now with a refreshable braille device to share this testimony with you today. Assistive technology has opened up so many opportunities for people with disabilities and if publishers can help make more content available and be a part of that expenditure expanded resource, it will be a win win for everyone. Publishers can do it and I know they can. A couple of weeks ago as an example I had a borrower who is blind, who works as a professional Arabic interpreter for medical and legal appointments. He needed to have access to a2311 new book about best practices for language interpreters.

It wasn't available in any of the traditional braille or audio book sources that we usually turn to at the Perkins Library. I decided to reach out to the publisher of the print book because he had purchased a print copy of the book hoping to be able to find someone to read it to him which was not possible. When that didn't work, he asked me to help him. I contacted the publisher and asked them if they could provide an accessible pdf file for my borrower to use and I indicated he had already purchased a print copy of that book. They responded to me that they were sorry, but the title was not available in an accessible pdf format.

I wrote back and said thank you for your prompt response. When will the book be available in an accessible pdf format to accommodate my borrower who has a print disability? I received a reply that said we have good news for you. We have decided to make that title available in an accessible pdf format. Please put your borrower in contact with me, my extra advocacy and pressure back registered with them that everyone has the right to read and to read what they need to for their education, their employment or personal enrichment.

As a leader in the delivery of innovation and innovative, accessible and cutting edge services. Perkins believes that this legislation can be a true game changer for people with print disabilities. Having more content available in both electronic and audio formats will help us meet the broad spectrum of reading needs from the young professional to the 88 year old grandfather with macular degeneration. Uppermost is making sure that as we grow and strive to make more resources available in electronic and audio formats, we ensure that the continuation of responsive and quality service will continue.

The Perkins Library will continue to lead the way in the development of new technologies, promoting best practices, accessible programs and services to meet the accessibility Reading needs of our borrowers. With legislation like H 4120 and a partnership with publishers and libraries The Perkins Library can continue to be a champion of access and inclusion and can serve As an example of an evolving 21st Century Library program that will be able to meet the needs of reading reading disabled individuals in the Commonwealth. Thank you so much for the opportunity to speak to you today.

SHOW NON-ESSENTIAL DIALOGUE

[QUINN MARY2530 ROSE (BLC):] [HB4120] Thank you for the opportunity to present testimony on behalf of David Leonard, the president of the Boston Public Library. Yeah, the Boston Public Library is the first large municipally funded public library in the United States and thus the very first large public library to lend books. In addition today, we are proud to serve as the library for the commonwealth. Formerly the Library of Last Recourse for which we receive annual funding from the Massachusetts state budget carved into the main entrances to our buildings. Are the words free to all a mission We take seriously. Many of our patrons prefer to borrow from a library.

Others simply do not have the means to purchase books they wish to read. We believe that any policy that prevents patrons from accessing materials at the same time as the rest of the public or at all, is an unfair practice regardless of medium. Since the inception of digital lending, the Boston Public Library has been a leader in the provision of digital services and2606 content, particularly on a statewide basis. For better or worse, the current2611 norms for digital lending borrow from the world of social licensing, software licensing. Based on long standing practices However, we believe that instead library should be able to own the items in their collections and should have the authority and responsibility to lend those materials.

As the library for the commonwealth The Boston Public Library supports regulations that at least ensure the development of fair reasonable and cost effective terms by which libraries may purchase access to all digital content in order to lend it and provide access for our patrons, if not ideally to own it. We would also argue that digital lending norms should follow long established and protected practices that enable libraries to2666 purchase and lend materials as they see fit within a controlled manner Regardless of the medium. There is significant data that has established2677 that libraries themselves are a significant market for published content.

Readers who borrow and enjoy a book by a particular author are more2687 likely to then purchase additional books by that author. Libraries also provide valuable visibility for new titles through marketing efforts such as booklists, staff picks and displays, garnering new titles, additional unpaid exposure, regardless of whether patrons ultimately borrow them from us or choose to purchase them through a bookseller. We welcome the intent and principles of H 4120 and look forward to seeing the proposed language evolve and develop to maximize these goals, preserve the roles of libraries and ensure sustainable freedom of access to all published content in both printed and electronic form. Thank you for the opportunity to present this testimony.

SHOW NON-ESSENTIAL DIALOGUE

[PHIL MCNULTY (MINUTEMAN LIBRARY NETWORK):] [HB4120] Yes um um I'm Phil McNulty I'm the executive director of the Minuteman Library Network. In my career I've served as director in Newton in Medway as well as working at the Boston Public Library where I administered the Metro Boston Library Network. Minuteman is one2784 of the 11 automated resource Sharing networks in Massachusetts We serve2788 42 libraries in the metro west area of the state. Among our services is that of helping libraries provide e books and electronic audiobooks to their patrons by contracting with the software providers who distribute content from the publishers assure that proper right concerns are met and piracy is avoided and provide our users with excellent interfaces to these materials.

Minuteman Libraries will spend 2.2 million this year on ebooks in electronic audiobooks. Half of this will be directed to the network collection and half will be directed by the member libraries towards the specific needs of their patrons. Boston Public Library spends even more and you have written testimony from the other networks as to the millions that they collectively spend. The networks and the librarians that we support are where the purchasing decisions where electronic content are by and large made and where the greatest awareness of the problems in this market exists.

The bill before you today gets at one of the most fundamental problems of this market, the right of libraries to participate in it on reasonably the same basis as the general public is not acknowledged by all publishers. Minuteman supports the goals of this bill. And remember directors this week voted to file written testimony in support of the bill and you've also received testimony for many of the other library networks in the state supporting it. Libraries and publishers both thrive in an environment where readers may have opportunities to engage with the content that authors and audio narrators provide.

Publishers have increasingly come to realize that libraries are a critical elements supporting the health of this environment, in enhancing the community of readers and broadening the equity of access to these rich cultural resources. Publishers have thus increasingly become2892 more and more comfortable with licensing to libraries and the availability of content is increasingly has increased greatly over the last decade. However, there are still holdouts, including one of the largest companies on the planet. The intent of this bill is to nudge these holdouts into joining the vast majority of the publishing world and to prevent them from setting a market norm that would end up hurting libraries and thus hurting the reading environment that all of us in this market depend upon to thrive.

As in other states you may hear opinions from those representing publishers and even some in the library community that bills like this are doomed to be overturned due to some kind of conflict with federal copyright law. I would urge you to heed the confidence of the American Library2936 Association in this type of legislation and continue to pursue this bill, pursue this bill as it is constructed Now. You2943 may also hear well many members of lobbying community asking to more rigorously define the reasonable basis language of the bill and prescribe what contracts between libraries, distributors and2955 publishers must look like. This could easily engender a chain of unintended consequences and precipitate a retreat of publishers from the library market. I would urge you to resist those calls and continue to pursue this bill as it is constructed now, thank you very much.

SHOW NON-ESSENTIAL DIALOGUE

[JILL MERCURIO (CONCERNED CITIZEN):] [HB4120] Thank you very much. I strongly support House 4120 to guarantee that Massachusetts libraries have the right to license from publishers any electronic book or digital audiobook that publishers offer to license to the public. My community serves a healthy readership and they're very eager to get their hands on digital items. During our pandemic closures, the borrowing of our electronic materials went up 137%.

And when we realized that there were titles that our public could not get because publishers wouldn't sell them to us I included a notation of this in a digital newsletter that went out to all of our cardholders. And one of our passionate library patrons shared this concern with Representative Balser and I'm so grateful for her advocacy to help move this bill uh into reality with you all. Um we try to bring free access to reading materials in a variety of formats to our patrons. And if a resident can't afford to purchase materials on their own, it creates a barrier for them to learn new information, interact with cultural materials and participate fully in society.

We attempt to level this playing field by creating equitable access. But when publishers refused to sell to us, it stops us from doing our mission and fulfilling our commitment to the public. We're eliminating access to residents If we do not have bills like this in place. We just went through a time period where sometimes visiting the library was not possible. Our library was closed from March 2020 to June 2020 and the only way that the public could access reading materials through the library were using our digital materials. I really encourage everyone to continue efforts in passing this bill forward because you will be allowing us to do our jobs and making sure the materials to our residents are available in the formats that they can best use. Thank you so so much for considering this bill and for everyone's advocacy work on this matter.

SHOW NON-ESSENTIAL DIALOGUE

[STEPHANIE HARRIS (ANIMAL LEGAL DEFENSE FUND):] [HB3376] [SB2251] Um Good3245 morning Chair, Kennedy Chair, Fiola and members of the committee. My name is Stephanie Harris. I cover Massachusetts legislative affairs for the Animal Legal Defense Fund and I'm a Massachusetts resident, thank you for the opportunity to testify. The physical and behavioural needs of elephants, Big cats, bears, giraffes and non human primates are now much more clearly understood, making it painfully3265 obvious that circuses and travelling shows cannot meet those needs.

The public increasingly understands this and as a result, animal based circuses have been dwindling in popularity as you heard from Representative Ehrlich Um Although there are no hard and fast records tracking circus performances in Massachusetts an online search reveals a general downward trend in performances with these animals from 27 in 2013 to 11 in 2019. Due to Covid restrictions, there were no performances in 2020 and very few this year, but they are returning in other parts of the country and in New England.

Looking at the trend nationwide Prior to Covid Circus attendants had dropped an estimated 30-50% over the last 20 years according to Forbes. Um as a result of this shifting public opinion, some animal-based circuses have closed and others have transitioned away from wild animal acts. When Ringling eliminated elephant acts and then in 2017 announced their closure They acknowledged that changing public sentiment against the use of elephants in circuses and declining attendance at circuses with wild animals were factors in those decisions and you heard from representative Ehrlich about their animal free return.

Um, pre covid attendance at contemporary circuses using skilled human performers such as Cirque du Soleil have soared. Um, a growing number of governments are also responding to this public sentiment. There are 30 nations across Europe Latin America and Asia that have banned the3350 use of some, or all wild animals in circuses. Just yesterday, France joined their ranks here in the US As you heard, six states already ban or restrict the use of wild animals in traveling shows. In 2019, California banned the use of all wild animals in circuses. In 2018, Hawaii and New Jersey banned the use of most wild animals in circuses and travelling shows.

New York and Illinois prohibited the use of elephants in traveling acts and Rhode Island banned the use of bull hooks, which is a fire poker like3382 device that's used to jab elephants in their most sensitive parts. These state laws are critical because there are so few federal protections against the animal suffering and public safety risk from circuses and travelling shows. And even those few that exist are unfortunately inadequately enforced. The Federal Animal Welfare Act establishes only minimal standards of care for housing, food and sanitation, there are no requirements for mental stimulation for animals other than primates.

And it does not, for example, prevent the use of bull hooks, whips, electrical shock or other controversial devices that are commonly used. And the agency charged with enforcement is chronically understaffed and Inspectors are often inadequately trained to look for signs of problems such as abuse and neglect and they're they're not present during training. So, in some strong state legislation like the bills before you are critical to protecting wild animals from circuses and travelling shows. Thank you.

SHOW NON-ESSENTIAL DIALOGUE

[CYNTHIA MEAD (ZOO NEW ENGLAND):] [HB3376] [SB2251] Good morning. My name is Cynthia Mead and mr Chair and Miss Chair and all members of the committee. Thank you so much for this opportunity. Um, I am Cynthia Mead and I'm from the Franklin Park and Stone Zoos and I'm testifying in support of this bill. Um, this bill is really critical because every single animal that is listed on there3462 and every type of species that listed on their is not able to be cared for well in a traveling show. Um, their living conditions are not met, Their social needs are not met, their space needs are not met, Their enrichment needs do not appear to be met, and I would argue that their veterinary care um while3484 I'm sure they get some um really you can't travel around the world without having somebody who understands how to treat these specific3495 animals.

So in terms of living conditions and I just would like to go through a couple of examples. So almost all of the big cats listed are in fact endangered species, endangered species, threatened species. All of them need certain living conditions to help stimulate their their normal behaviors. We provide enrichment for all of the animals that are listed on this list and enrichment is engaged um treats or activities that really um use the animals normal behavior. When we look at an exhibit, we take great care into what we think the animals need. So we know3537 that they need not only space on one plane, but they need space on multiple planes.

Some of these animals or climbers, some of these animals um really need more shelter and shelter from people gazing eyes. So we always incorporate something that will allow the animal to get out of the human view, should they decide to do that. So building a living um habitat for the animals is really something very critical to their welfare. And an animal that is traveling in a trailer or in a cage simply from fair to fair or fair and then back to their home base and to another fair or show just does not take into consideration the needs of the animals have. Elephants for example, they need tremendous amount of space to roam in order to keep healthy.

Um We have chosen not to have elephants at our zoos um because we simply feel that we do not have the space in order to um give them a healthy environment. Plus in New England it's very cold. So um they're very temperature sensitive. Primates, primates have to be3615 taken from their mothers when their babies in order to um have any ability to control young primates and then as they get older, they become lethal. You know, those cute little chimps that you see at traveling shows, those are babies, they've been taken from their mothers. They live in most likely unsatisfactory conditions and they do not in3639 any way um have the ability to translate into an adult species without being frankly a lethal weapon.

And we've heard the horror stories of, you know what a chimp can do, what a gorilla could do accidentally. I want to state that these animals are not domesticated. They may have been born in captivity, but they are not domesticated and there is no positive reinforcement behavior that can train out their natural inclination to kill somebody. Um uh, to be perfectly candid. So I would argue if you can still hear me um that the public safety risk and the animal welfare risks are just too great with these species to allow them to be continued to be used in traveling exhibits and circuses.

SHOW NON-ESSENTIAL DIALOGUE

[LAURA HAGEN (HUMANE SOCIETY OF UNITED STATES):] [HB3376] [SB2251] Good afternoon chair, Kennedy Chair Fiola3696 and members of the committee. My name is Laura Hagen, I'm the Massachusetts State Director for the Humane Society of the United States. Thank you also for the opportunity to testify in strong support of these bills. As other speakers have noted bears, big cats, elephants and primates are not photo crops. They should not be used for rides at fairs and they are not willing participants in these traveling circuses. Animals used for these events have been conditioned to obey their trainers with fear and pain based training methods such as bull hooks, electric prods and deprivation.

As Cynthia may have noted positive training will not cause these animals to perform these very unnatural tricks. The cruel training methods, the prolonged confinement that is inherent in these traveling shows and the animals very nature as wild animals significantly impact both animal welfare and public safety. And these concerns play out in circuses that come here to Massachusetts too. A few years ago, just a month after performing in Brockton, a bear exhibitor had his face clawed by a bear in front of frightened Spectators who saw the handler quote holding his3770 face with blood streaming down it.

This was just in New York. Another bear exhibitor was cited3777 after they performed in Wilmington Massachusetts for not bothering to provide the bears with adequate or nutritious food. In Marlborough several years ago, an elephant who was giving rides to the public pinned down to workers after one of the workers reportedly struck the elephant3793 in her face, One of the men sustained a chest injury, the other a broken arm and two bystanders were injured in this incident. Carson & Barnes, which has provided elephants to numerous Massachusetts shows, has not only been caught on video abusing elephants with bull hooks and electric prods, they have also lost control of the multi ton animals multiple times.

In recent years, one of their elephants escaped into suburban residential Wisconsin and wandered around and in a different incident, three of their elephants escaped from a venue and rampaged through a packed parking lot while Spectators3831 watched and videoed the event. Some years ago at the Marshfield Fair, a teenager was rushed to the emergency room after a tiger bit her during a photo session. The exhibitor then left the state before authorities could quarantine the tiger, and so the girl then had to go under undergo painful rabies treatment because of the incident.

Another tiger exhibitor that has performed as part of the trained circus at The Big E was cited by the USDA for housing seven big cats in inadequate housing during the offseason. They were kept in inadequate transport cages where they had almost no room to move around. Many of those who insist on contracting with these exhibitors here in Massachusetts argue that these exhibitors are USDA licensed, so everything is fine. The USDA license, as Miss Harris notes is not evidence of exceptional or even adequate animal care or public safety. The Animal Welfare Act is weak. It establishes only very minimal guidelines it does not incorporate husbandry practices.

As a result exhibitors can and too3901 often do subject animals to grossly inhumane conditions and yet are still considered compliant with law. In fact, the Animal Welfare Act is so poorly enforced that the USDA's Own oversight body, the office of Inspector general has repeatedly criticized the federal agency for weak enforcement. In fact, just in March of this year March of 2021 the USDA's Office of Inspector General concluded that the USDA quote cannot fully ensure the safety of the animals exhibited or the safety of the public who view those animals. I think that says it all. Thank you so much for your time and your consideration of these bills.

SHOW NON-ESSENTIAL DIALOGUE

[ELIZABETH MAGNER (MSPCA-ANGELL):] [HB3376] [SB2251] So as you heard many other countries and states have already taken action on these issues and here in Massachusetts, 13 municipalities have done so as well. That includes Amherst Braintree Cambridge, Mendon Quincy Pittsfield Plymouth Provincetown Revere Somerville Topsfield, Weymouth and Wilmington. And the case of3970 Topsfield provides3971 an interesting example because after its bylaw was passed in 2019 the Topsfield Fair was held for3976 the first time in over 30 years without an elephant or other exotic animals. And ticket presales were in fact up 20%. But even with these local successes, for many reasons, a state bill is needed.

Among them is3991 the fact that our current animal cruelty laws are insufficient to address the abuses endured by circus animals. It's sometimes difficult to Massachusetts even to get a conviction for an abused companion animal. And it's also unrealistic to expect that the state could address issues that arise at traveling shows which are often gone before an investigation can even take place. And yet despite the evidence of the suffering inflicted by these shows and the risk that is4017 put on the public health These shows still perform here in the Commonwealth.

In 2020 due to Covid there were none, but in 2019 there were 11 performances across the state that used bears, big cats and elephants. Now this is down from close to 30 shows in 2013 and the years in between have also shown a steady decline. And4039 so it seems clear4040 that public interest has declined and continues to do so. And yet we still had 11 shows in 2019 come through the state. And so to finish I just want to talk briefly about the life of one4051 animal in particular, who spent virtually her entire life in this industry. As you have all heard. I'm sure in the fall of 2019 Beulah the elephant died at the Big E Fair.

Her death captured the public's attention. When it hit the4067 news The MSPCA received a deluge of calls and messages from citizens across the state who were outraged and not just by her death, but by what her life had been as well. She was captured in the wild, in Southeast Asia at the age of about five or six years old and would spend the remainder of her 54 years in captivity. When she was captured, she was likely living with her mother in a close knit group of females. Elephants are totally dependent on their mothers for the first several years of their lives and are not fully independent until they're 16 years old.

Beulah around age six was sold to the Commerford Zoo in 1973. She would go on to give rides, be power washed at fairs and carnivals for audiences and was even hired for a private citizens birthday party where she was dressed up in circus attire. Beulah suffered for many years from a painful foot disorder. Foot problems are common in captive elephants and are in fact the leading cause of euthanasia. And so foot4125 care is basic but critical care for these animals. In 2017 Commerford was cited by the USDA for having allowed Beulah to have overgrown and jagged cuticles and so Commerford who have had these elephants for decades failed to provide even this very basic care.

Right before Beulah's death She was on display at the Big E where she collapsed and then died shortly after. Massachusetts should no longer be4152 a destination for these kinds of shows. We've learned so much over the past couple of decades about the complexity and the depth of these animals lives and about the suffering inherent in the industry. And the public has learned these things as well and it seems clear that they've realized that the use of animals in traveling shows doesn't align with their values and so banning these acts would protect animals from abuse and suffering and also protect public safety.

We respectfully ask the committee to4178 report these bills favorably and I just wanted to mention that will be submitting written testimony and also written testimony from a few students who live in the Boston area who wanted to express their support for these bills as well, couldn't provide oral testimony4191 because they're in school right now. Thank you very much.

SHOW NON-ESSENTIAL DIALOGUE

[JASON PELOPIDA (CONCERNED CITIZEN):] [HB3376] [SB2251] Hi, my name is Jason Pelopida from Norwood and I support H 3376 and S 2251. I submitted written testimony and I want to highlight and expand upon some main points exploiting wild animals for public entertainment is archaic and immoral. Since the inception of traveling animals shows over 100 years ago, we have learned that these animals are sentient beings with emotional lives, wants and needs and the capacity to suffer, including exhibiting signs of depression and tremendous anxiety in captivity. Travelling circuses showed a complete disregard for the natural desires, behaviors and environment of wild animals.

No wild animal gives rides balances on balls or jump through hoops because they want to, they are coerced through punishment and a breaking of their4320 will. They are called wild animals for a reason they are not approaching traveling circuses asking to be confined behind bars on concrete flooring and put on the backs of trailers to get out and perform tricks for people. Elephants used in traveling circuses are a very good example of how tragic this business is for these animals. Commerford and Sons is a traveling animals show based out of Connecticut.

They've had multiple events in Massachusetts over the years In 2019 two of their elephants died. One elephant Karen died of kidney disease at 38 years old. Karen was an African elephant. In the wild African elephants can live up to 70 years. Another element which has been mentioned by previous um people giving testimony here Beulah died of blood poisoning caused by a uterine infection. Beulah collapsed and died at the Big E in West Springfield. You can find pictures of this by searching her name online and it's heartbreaking before they died.

The USD The USDA cited Commerford and Sons for poor veterinary care and failure to keep the elephants in sanitary conditions. Also think about the concept of breaking an elephant down through the use of restraints and bullhooks keeping an elephant confined and isolated for decades so they can perform tricks and give rides and forcing them to ride in moving vehicles. Quick research on wild elephants clearly shows that they're social animals with emotional lives that value staying together. Conservative estimates show Wild Elephants Walk an average of 15 miles a day keeping them as circus animals violates everything in their nature.

These traveling animal shows pose a risk to humans as well. Commerford & Sons, one remaining elephant, Minnie is 49 years old and has been in captivity for decades. Incidents of Minnie acting aggressively in reaction to poor treatment by her handlers While in the process of giving Children rides have been documented. Search Minnie's name online and look at videos of her and you'll see an animal that is defeated and miserable. Commerford and Sons has claimed they have had difficulty caring for Minnie yet they have ignored free offers to take Minnie4442 to a sanctuary where she would be well cared for.4445

Clearly they are putting profits over her well being. While I site Comerford and Sons and their elephants as critical examples of how heinous this industry is please note this is standard practice across traveling circuses. We can all find plenty of examples of how staff and handlers treat these animals behind the scenes. Also, is this really what we want to be teaching our Children that it's ok to cage and mistreat wild animals while exploiting them for entertainment. Let Massachusetts be a leader in animal protection by saying no to these businesses that exploit wild animals for profit by subjecting them to a life of servitude and misery. Thank you.

SHOW NON-ESSENTIAL DIALOGUE

[REBECCA SCHWARTZ (CONCERNED CITIZEN):] [HB3376] [SB2251] Thank you for the opportunity to voice my support of the animal acts Bill. I brought a similar bylaw to the town of Amherst that was passed a year ago. I had never been involved with local politics before I brought the bylaw to Amherst, but after several heartless displays of animals suffering at local exhibitions and then the sad circumstances surrounding the death of Beulah the elephant, I decided I can no longer ignore the inhumane exploitation of these animals. No one wants to see animals suffer. There is no reason for us to continue allowing this form of animal suffering.

It is nonessential4546 for the common good and financially benefits only a few. I appeal to your sense of compassion to put an end to traveling animal shows. This4557 antiquated form of entertainment causes great pain and suffering to these beautiful, intelligent social animals. After talking to many people while working on the Amherst bylaw, I know that most people do not want these shows to continue. And when I say most, that's because over two and a half years of talking to people4579 in my community. Only one person objected. Um so that's really it. I just hope you choose compassion and pass this bill with a favorable report. Thank you.

SHOW NON-ESSENTIAL DIALOGUE

[SHERYL BECKER (WMARA):] [HB3376] [SB2251] Um Okay, thank you very much chair Kennedy and chair Fiola for allowing me to speak in support of H 3376 Um and S 2251. I have been protesting, oh I am president of Western Mass Animal Rights Advocates and have been protesting circuses and Petting zoos Um with wild animals for the past 25 years. I have witnessed unimaginable cruelty, I have seen4643 firsthand the conditions in which they are forced to live lack of veterinary care and lack of enforcement of regulations. A perfect example that is poor Beulah who you have been hearing about, who died at the Big E on September 15th 2019 after being on exhibit Um despite a serious illness.

She died of septicemia due to a uterine infection which is extremely painful. It was quite clear looking at Beulah on day one that she was ill. Commerford Zoo Petting Zoo knew that Beulah had a deadly infection when they chose to transport her to be exhibited for 17 days. It is even more4686 unconscionable that no authorities stepped in when4688 they received pictures and complaints of her looking sickly the first two days and unable to stand on the on day two. This tragedy exposed the extremely weak government standards for for animals in traveling exhibits and lack of enforcement.

For over three decades The Commerford zoo has forced their three elephants, all of which were stolen at a young age from their families in the wild to labor at events under threat of a bullhook including performing tricks and giving rides for over 12 hours a day at The Big E. These majestic creatures from tropical climates have been carted all over the Northeast um, in cramped trailers, um, sometimes for days at a time. Commerford has been cited by the USDA more than 50 times for Animal Welfare Act violations. They have also had five dangerous incidents, four of which were due to an elephant being spooked while giving rides to Children causing hospitalization.

I will send you the USDA Documentation of some of those incidents. And there is also the risk of dangerous E. coli tuberculosis and other diseases which are easily contracted during petting at petting zoos, even even those with no violations.4764 At the 2018 Big E a picture of Minnie looking sickly while giving rides and limping went viral and sparked outrage.4772 Shortly after a video of a Commerford Commerford camel being abused there went viral too but no actions were taken. And there are documented incidents in which Minnie attacked her4784 handlers and members of the public.

The regulations are clearly not being enforced and no agency monitors training sessions where the most violent incidents occur. And even when they are businesses with lengthy list of violations like Commerford rarely lose their licenses. Over 150,000 people signed a petition asking the Big E to remove wild animals. Yet the Big E Ceo claims he wants to have more elephants there and refuses to address the countless complaints he has received since Beulah's death. Um and Commerford's long list of violations, accidents and injuries have been ignored.

The Big E has also had a trailer for decades with full grown bears with no fresh air or daylight. In their natural habitats. Bears4831 roam at least 30 miles a day, so a trailer is the equivalent of living in a closet. The Springfield Science Museum's, wildlife exhibit including a mounted elephant is far more educational and exciting as it shows wildlife in their natural habitats. Educational videos about wildlife do as well. There is no educational value and seeing a wild animal forced to do unnatural things in an unnatural environment. Six US states have passed legislation addressing the abuse of wild or exotic animals in circuses if Mass does not follow in their footsteps after Beulah's unnecessary death at the Big E It will be disgraceful. Please do not allow her death to be in vain. Please put an end to such cruelty in Massachusetts, thank you.

SHOW NON-ESSENTIAL DIALOGUE

[MARNIE MEYERS (BERKSHIRE VOTERS FOR ANIMALS):] [HB3376] [SB2251] Yes. Um I along with Leslie Lupino co chair um and her the institutional beginners of Berkshire Voters for Animals. We were the group that brought the successful by law to Pittsfield which bans wild animals in entertainment there. Um The4953 council was very warm and welcoming and supportive of it. There is no need to repeat all of the previous testimony because I certainly couldn't do it justice the way prior speakers have but I wonder if I can get my camera on. How do I get my camera on? I wanted to show you a photo. I may have to send it with4974 written testimony, but I cannot get my camera to a mute itself. Okay, on camera. Ok it won't do it.

Anyways um so the thing is um4987 the Dalton Lions Club for probably almost 40 years had traveling small circuses where we witnessed we witnessed much cruelty and lack of care and so um this past this past year after um Ringling Brothers discontinued their wild animal circuses The Dalton Lions Club took a unanimous vote to do so as well. So they did it as a fundraiser but you know that doesn't, you know it didn't, it didn't fly with the public and so um the picture that I want5020 to send you and I wish I could now because it's really, really sharp and impressive is the year before Beulah died. We were at the Big E and we witnessed six Children on her back and the handler could not get her to move out.

He kept shouting at her to move5038 out and he was pushing her with the bull hook. The picture that I took of her has his leg in her trunk being lifted off the ground, his hand is in her lip gripping it and his right hand has the bullhook behind her ear, jabbing her. She only moved out reluctantly and grudgingly when all5060 of this was done to her and everyone held their breath for fear that those chill six Children will be injured if she went rogue under those painful circumstances for her. So um in addition to the fact that she died in full view of the fairgoers the following year, there is that and she suffered greatly right up until her death. I would5083 hope that Massachusetts having the opportunity to join the increasing number of states banning this cruel5091 entertainment would do so with these bills H 3376 and S 2251. And I thank you all for your listening.

SHOW NON-ESSENTIAL DIALOGUE

[EUGENE CASSIDY (ESE):] [HB3376] [SB2251] Good morning. Yes, I am uh mr chairman, I'm happy to be here and5122 I thank you for your attention. I've heard quite a bit in these past few minutes. Um I'm the Ceo of the Eastern States Exposition. I was called out by name and I'm appearing today to voice very strong opposition to this bill. And just by way of reference for more than 100 years, the Eastern States Exposition has served as an incubator of agriculture posting events for farmers and tradespeople from across the globe on our property in West Springfield. Most of you will know us as the Big E.

We run for 17 days each september and we generally entertain nearly 1,600,000 people. We are proud of what we do. We are the premier showcase certainly for the Eastern Seaboard, but we rank about the fifth largest agricultural fair in the world. One of the things that makes the Eastern States Exposition as a whole special is that it gives people the opportunity to interact with and learn about animals in ways in which they rarely can in today's world. The showcase that we provide for exotic animals and agricultural animals provides people with a chance to see really these spectacular creations of God up close and appreciate them Firsthand.

We're a place where they can be seen and smelled and touched and interacted with. We know our fair patrons well and we invest in research that keeps us apprised of who attends the fair and why they come. This is very important. Our research indicates that animal attractions are among the top three items identified by youth and their parents for being here.5242 Witnessing all animals benefits the species and the breeds and the humans with whom they interact. Many of these animals who are listed as exotic are actually factually domesticated and the attraction of people to these animals is critical for the sake of human understanding of them.

The reduction of exposure of youth and adults to these species, both exotic as well as production livestock contributes to the contrived notions that beef can be grown in plant form, that milk comes from almonds and that human interaction with animals of all kinds is inherently bad. We know that this is not true and the result of many legislative actions from across the country has given credence to misinformation and morale information. I have heard testimony today that I can attest to is being absolutely untrue people testifying about a particular elephant or two have shared their opinions about those elephants with participants at this meeting and each segment of their opinion can be completely disputable.

In fact hearing commentary like this to someone like me who has dedicated a great deal of their professional career to the appropriate treatment of animals and animal husbandry and the education of those things. People should not be permitted to5335 exaggerate to lie to this body, to create their own narratives. Beulah in fact, was an elephant that5342 I knew well and she knew me. She lived a full decade beyond her life expectancy. She enjoyed people, and if you had ever witnessed her in action, you would easily see how excited she would be to be on these fairgrounds to be engaged with people. In fact, on the Sunday morning before I attended mass, I visited Beulah She was happy to see me.

She was happy to be in the company of her owner and she was happy to take the apple that I brought over to her. This bill, if adopted, would be an immediate detrimental impact To many businesses in the commonwealth, the Eastern States Exposition and other attractions. By prohibiting exhibition of certain wild and exotic animals The bill will take away one of the things which makes our5391 industry and institution so special being a place where somebody can see things they've never seen before. Each year our exotic animal exhibits, exhibits are the most attractive and most popular attractions we have.5408 They bring people back year after year after year.

The Discovery Channel is only good for so far. Now we are in absolute agreement with the sentiments and I respect the enthusiasm of the people on the other side. We are in agreement with that abusive animals is bad whether they are exotic or domestic and it should never be permitted under any circumstance. However, this bill goes far beyond prohibiting abusive behavior and it seeks to prohibit5445 the exhibition of well cared for animals. I have nearly three decades of experience at the Eastern States Exposition. I have intimate knowledge of the care provided to these animals that are on this property.

Care provided by their owners, their handlers, the veterinarians who travel with them as well as the third party veterinarians that we at the Eastern States higher to monitor their care. And for these reasons I respectfully request that this committee rejects Senate Bill 2251 and House Bill 3376. I appreciate your consideration and I get I encourage you to communicate with me in person with any questions that you may have now or in the future. Thank you.

SHOW NON-ESSENTIAL DIALOGUE

[FIOLA:] Mr Cassidy I know it's a very emotional day for everybody on all sides with this. Um when I think of the East Big E I think of a local rural Massachusetts, big agricultural um, exposition, The Big E have exotic animals, would you say represent most of what you do at the Big E? Um, I think of it as learning the agriculture, the farming, the, the animals that support the agricultural industry. I ask you how does exotic animals play into the commonwealth of Massachusetts role in agriculture and rural and celebrating our commonwealth's agricultural strengths? And I just,5569 I'm not quite clear on that.

[CASSIDY:] I think that's a terrific question for sure. The animals, exotic animals bring attention to the fairgrounds people as I made the comment, the Discovery Channel only goes so far. Our young people and adults, we don't have access to zoos the way we once did a generation or two ago. These animals are a tremendous attraction. Uh, and I can tell you, you know, my lengthy career with this organization, the exotic animals get tremendous positive attention um, and they draw people to the fair, they draw people's interest two animals animal husbandry. Uh, and uh, they play a tremendous role in uh people's desire to learn more. And it trans transcends the fact that they might be looking at an elephant. Uh it transcends all of that and it broadens people's interest and young people's interest in particular.

[FIOLA:] Well, I I appreciate that. I also think, um, I've heard some things about citations of companies that have been involved with some of the animals that have come onto the Big E or maybe other festivals uh. That there have been citations of, of various, uh, maybe uh, issues related to care. Would you say though an elephant having had the privilege I've had the privilege, which I know is very rare to have visited South Africa and to have witnessed um, many of these majestic creatures which they are. Um, and I and I define them differently than a rural farm animal, but these majestic creatures in their habitat and it's a bucket list once in a lifetime opportunity that I was fortunate to have. Do you think knowing that habitat and what happens in a zoo do you think a traveling show I know the people like seeing the animals and I get that, I mean, I totally get that. Do you think the animals are truly uh, in the environment? These exotic animals, not the rural farm animals and the, you know, that are indigenous if you will, to our commonwealth. But do you think these exotic animals are truly in the care get in the environment5736 that they should be in? But I think loaded question. I apologize.

[CASSIDY:] No, that's that's a perfectly that's a perfectly legitimate question. And it needs to be responded to for sure because you know, a picture has been painted That really is not correct. These animals are transported. No doubt about it. But if you ever witnessed their accommodations and their habitats where they live It's completely contrary to the picture that was painted by other presenters. The Eastern States5772 Exposition is a sterling organization and we do not do business with people who who themselves do not have sterling reputations.

Many of these citations that you have mentioned, you have to understand the genesis from whence they came. You know, people might have an agenda of their own, they might be being influenced by outside forces uh, who wish a certain outcome. The citations, all of which I have seen. Each and every one of them involving any participant with the Eastern States Exposition. And in every case each, each citation has been easily dismissed.

Um, so as respects particular to your question, the living accommodations and we'll talk about Beulah because she was called out by name and Karen5827 and Minnie, they were each called out by name here Today. Their living accommodations are really quite Lovely. I visited I visit that visited them many times in their in their quarters. Uh, it was it's very impressive. The length of the width and the breath of which they are enclosed is quite a dramatic and very large and very natural. Um, so, uh, you know, I I respect your question and I hope I did it justice in responding to you. Yes, they are transported by vehicles over the5867 road, but that is just a mere fraction of their of their time. And it would not be unlike you And I putting our dog in the car to make a trip to the mall or the veterinarian.

[FIOLA:] Thank you. Thank you. Mr Chair

SHOW NON-ESSENTIAL DIALOGUE

[SEN KENNEDY:] Mr Cassidy I I've just got one question I guess and you know, let me just um preface it by saying that I've been to the Big E, I've attended the Big E several times. I think it's a great event and certainly one that's very important to the western Massachusetts area. Um I don't remember when I was that the Big E on any of those occasions that I spent time looking at exotic animals. Um I thought as chair Fiola said that the focus really for the Big E was really more5920 on on farm animals or rural animals. But that aside, my question is this you had mentioned that in a survey that you did, the exotic animals were the third most popular reason for people to visit the Big E. And my question is, what are the first two, in that survey what was number one and5942 number two?

[CASSIDY:] So you know in that survey pays particular attention to young people and their parents and you know, the animals in general,5957 exotics uh as well as the rides at the fairground Uh and the food on the fairgrounds are very high on the list of things that attract that age group.

[KENNEDY:] Okay. All right, so it went rides food animals, would that be the top three, is that how?

[CASSIDY:] Yes.

SHOW NON-ESSENTIAL DIALOGUE

[REP FARLEY-BOUVIER:] Yes, this is Representative Farley-Bouvier from Pittsfield, it's5993 it's very nice to see you Mr Chair, Madam Chair and Mr Cassidy thank you for6000 being with us today. I want to follow up on the chair's question about your survey. Um I would have said baked potatoes, what's going to be right up at the top because I know that that's um you know, very popular popular.

[CASSIDY:] Remember though they come from the state of Maine you know?

[FARLEY-BOUVIER:] Yeah, you know, you can imagine I bet through your surveys and all your data collection that people from the Berkshires are very high attendance6028 makers for you. It's it's a very it's just a short hour away for us to attend the Big E. Um I'm a skeptic when it comes to surveys being being uh presented by unless they're independent surveys because you're saying that it's for young people now you're narrowing that sample. I don't6053 know what the questions were like, what choices did you give people um on there. So I just want to just say from the outset6061 that I am skeptical about the survey.

Um I do you do uh it was interesting for me to hear you talk about the data that you do collect and you know, while you're an advocate of agriculture and um you know this is this is the whole point is the Big E. It's a multi state fair, right? Like we're like other states have their own state fair. We have New England State Fair. Right. What analysis have you done on what it would quote unquote cost the Big E to not have these exotic animals as part of your, um, as part of the annual offerings? What's the real economic impact of this?

[CASSIDY:] Yeah, I mean, so6111 you're the, the economic impact of the Eastern States Exposition would be so infinitely immaterial. It wouldn't matter to the Eastern States Exposition. This is a bigger question. This isn't this is a6126 way bigger question. This is a question about, you know, I am that the6134 depository of the people who have6138 extreme opinions about animals and we're focused at the moment on exotics. But the right behind them are our dairy cattle right behind them are our beef cattle. Right behind them are the sheep and the wool growers because I see it all. You know, we're, you know, you folks unfortunately are at the very tip of the spear. It's easy to strike out against an elephant and say that a bull, bullhook is inhumane when it is not.

And the next thing is the yoke on, on a set of, of, of working steer. The next thing is when I, I grew up, I'm the luckiest guy on earth. I was born and raised within walking distance of the office I'm sitting in right now here in West Springfield. And when I was a youth in West Springfield, I used to come and watch the carcass exhibits how to butcher a steer, how to butcher a lamb. We can't have that any more at the fair because I have to worry about this, this small group of people6207 who have a very particular narrow interests and they're willing to lie about the circumstances.

And so, you know, the economic impact of this organization would be nil. But it's the beginning of the end and6226 it will have an impact on the commonwealth because young people want to go to6232 circuses, they want to see animals. The circuses have gone, are going out of business. The regulation has become so dramatic and extreme. I worry if in my own lifetime will be able to get our working, our youth working steer program, uh, if that could proliferate or continue. So this, you know, the economic impact, no econo impact on us. We're too big for that.

But there are towns, there are people who have, uh, bizzares and events, uh, it gives young people an opportunity, I've received Not, not a few but many letters over the years from young people who have gone in to pursue careers in animal husbandry. Why do we have a dearth in New England of Large animal vets. Well, what would interest, somebody wanting to give medical treatment and care to large animals. Perhaps a visit to the Big E and the opportunity to pat the backside of an elephant that might. And so we're talking very big picture and we all, all of us on this call in positions of authority and influence have a responsibility to future generations, each of us.

[FARLEY-BOUVIER:] Well, I I appreciate that Mr. Cassidy and I will tell you that I came into this hearing um hearing from my own constituents. You've heard from people from the Berkshires here today. Um if I could note to the chairs, a great example about why virtual hearings um um really give more access to the people of the commonwealth to participate. I just want to say that. Um and when I heard that your concern about earlier in your testimony about how popular it is. My first thought and I got a little nervous is I really wouldn't want to hurt um any kind of economic development that that is on here.

Like I think about my colleagues from West Springfield in that area. Those are the first things that came to mind and we're really sensitive as representatives from all over the state about economic impact and now and it was so helpful to me that you think that there isn't going to be an economic impact from this. And6372 so if I might to the chairs um6375 from you know, far away just say to you that I am uh kind of redoubling my my support for this bill and I do hope that we can work together to move this out of committee. So again, thank you very much for your time.

[CASSIDY:] Representative if I may. I don't think you heard me or I was unclear you asked me about the Eastern States Exposition and I responded about the Eastern States Exposition. This is a big picture. This will have an economic, a very negative economic impact on the6411 commonwealth. There are people in the commonwealth who make their livelihood. Um you asked me specifically about the biggie and I said that it would be immaterial6422 to the Eastern States Exposition and I think that that gives more credence to my testimony. I'm not here because6430 I'm afraid the Eastern States Exposition is going to fail because we don't have an exotic animal. There are businesses that will fail.

There are jobs that will be6438 lost. There are fundraisers that will not be able to have their fundraising device because of this and I think that should concern you. So I'm disappointed I'm disappointed in myself for not having been more clear in my response. Perhaps I should be disappointed myself for not being more persuasive, but this will have an economic impact on the commonwealth. The livelihoods of people who are residents here. The ability for uh much smaller organizations, you know, I get the attention because I run one of the largest public events in the world that happens to be in Massachusetts.

SHOW NON-ESSENTIAL DIALOGUE

[TIM COMMERFORD (R W COMMERFORD AND SONS):] [HB3376] [SB2251] Well I'm here to6513 oppose these bills as well6514 and um you know a lot of it seems to be um focused on me and my elephants and my family and what we do. And I'm going to tell you about Beulah. Beulah was the best Beulah was better than anything or anybody. And that elephant was purchased by my father about a couple months after I was born. I've never done anything else in my life but take care of exotic and domestic animals. And we transport and we go to venues and why do we do that? And why don't we have a permanent zoo?

Well when my dad purchased animals back in the day he did it as a hobby, he liked animals, he did it for fun. It interests him, he didn't do it to go out and generate money or revenue and as life went on, people would call and say we're interested and We'd like you to have a camel here today or whatever and that's how it all started. I've devoted my life to taking care of animals and raising them. And by some of the testimonies today Um I agree with Mr. Cassidy I'm appalled because their, their faults. Uh Beulah did die at the Big E. Yes, she did. Would I have wanted it that way? No way. My grandfather fell off a bridge Um as as a worker building a bridge.

Did we want my grandfather to fall off that bridge? No. Would we have wanted them to diet die at home with6619 all of us? Sure. Same with Beulah would we have wanted her to pass away feeding her her marshmallows and6626 her cookies and being out on green grass? Absolutely. But the, you know, saying that the elephant had passed away in front of people at the Big E was untrue. She passed away when the fair was closed. She was in no discomfort. She received veterinarian care as as well as well as all our animals. Now, everybody is talking about this uterine disease that Beulah had. She did, she did have it6656 for quite some time.

You was is a 12,000 pound elephant. We talked to all6663 the top vets in the United States back and forth. What could be done for Beulah's uterine disease, which is technically a tumor. It was a tumor on her uterus and very common in female Asian elephants that um haven't had it didn't reproduce or or have any babies. Well, if you were to do the surgery on Beulah You have to go in about two feet plus. So now now you're going to do a surgery on an elephant, you're going to go in, think about it, you're going to go in flesh two feet do the surgery. Well, the number one concern is when you, when you necessities an elephant, their heartbeats very slow.

Number one thing is you can lose her during surgery. Second, it could be unsuccessful. Third, she could get an infection and die from the infection. Now, was she in any pain or discomfort? Absolutely not. It didn't faze her one dip and could it have gone septic and, and she, she got a, you know, she had a heart attack from it in theory Yes, that's what all the top that said. Did she have a massive heart attack at the Big E when the fair was not open? Yes, she did. And that is the ultimate demise of our Beulah. Our other elephant Karen that everybody speaks of third, she was 30, almost 39. We battled kidney failure for eight months.

And again, all the top vets, what's the best thing to do? What's the best thing to do and what we did it for what I learned when we were treating Karen for her kidney failure is basically, she needed a giant dialysis machine. That elephant, you know, you can, they don't make giant dialysis machines for elephants. In the wild she probably would have died within a week. Um, we kept her comfortable for about eight months. Um, she was drinking about 45 to 506787 gallons of Gatorade per day. At first we started out buying all the flavors6791 at the local Sam's Club and Walmart.

Um, we got to the point where we were mixing in large um garbage cans with a drill powdered form, um, you know, then she didn't like cherry, then she didn't like blue Frost And then what we were doing was um watering her with a hose. The elephants like to drink out of a hose. So when she was in there with the other ones, what we would do is put the, you take a thermometer and set the water and at her body temperature. So we were keeping her flushed out that way. Now what I learned about the African elephants, which I was kind of disturbed about.

Um speaking with a lady vet top, she's gonna write the next um, text on the African elephant, she said tim. Um Karen is uh 38 the prime death rate for African elephants in captivity Or in the wild is between 36 and 38. Now, never mind you, she was almost 39. I personally, I didn't believe it. I went and I started researching all the elephants around. Now some live longer. Don't get me wrong, you're going to see elephants Africans, maybe they go to 50, But the prime death rate for the African elephant is between 36 and 38. It was a, it was a rude awakening for us.

Now6873 with the Asian elephants. The prime death rate is right around the age of 50 is what they say. Now with Beulah and Karen and Minnie um the last time that we had given rides was about a year and we knew they were getting older and that's why we were discontinuing rides but we were still doing functions with the with the elephants because they do like to get out, they do like to go for a ride.

SHOW NON-ESSENTIAL DIALOGUE

[TIM COMMERFORD:] My point, my point is with the whole scenario is you're listening to a handful of people that are animal extremists, you're not listening to like per se, the one and a half million people that go to the Big E and like it, how many people like it? How many people want to see it? How important is it for these people that can't afford to go somewhere. How important is it for them to see that. And and there's a lot of false information you have there and I hope6938 that you do your due diligence and and and and besides a PETA fact sheet or something that somebody is submitting their it's it's there's all you have an extremely a lot of false information.

SHOW NON-ESSENTIAL DIALOGUE

[FIOLA:] This is6967 my first time6968 chairing this committee and hearing all of this um on this particular bill. Um but I do have a question, I know you mentioned that this contradictory information today and I hope in follow up we'll be able to get some of that. Um some of that from you as well as from the other side, you know, that's what we do here, we listen to everybody to evaluate. Um I'm not so sure people go to the Big E just for those elephants. As I said, that's never been at the top of my mind going to6994 the Big E or knowing when people go but but I will say I'm sure it's an attraction.

Um but I'm looking at a National Geographic article which I'm sure you're familiar with, you know, I don't know from nationalgeographi.com from July of this year only because you know, I'm sitting here and you have the access to my phone and it mentions here, I'm just gonna read the statement and you tell me that this was false or something you're aware of or not and it says Karen and Beulah two elephants with the Commerford zoo a Connecticut based traveling animal facility suffered for several years before their deaths in 2019. According Okay, here's the thing according to newly obtained records from the United States Department of Agriculture, the agency responsible for enforcing the Animal Welfare Act.

And then it goes on and says more about so I would just say to you Mr Commerford Here's again, we all know about believing everything we read and I'm at the top of that list of knowing that. Is that something maybe in follow up you could share with us to understand better whether that is7063 in fact something uh inaccurate or not?

SHOW NON-ESSENTIAL DIALOGUE

[TIM COMMERFORD:] No, no, that's7077 that isn't true. All that information was submitted to National Geographic by the Non Human Rights Group. Um, we never, I don't I don't7087 stoop to anybody's level there. Um, I7090 don't comment to National Geographic. I don't comment to Washington Post. I don't talk to anybody. Now that information is public information. You can you can receive that through the USDA. Now it's all documented, but there's there was no there's no there was no suffering, no animal ever on my farm, not even down to a squirrel that lives in the tree has been, you know, inhumanely taken care of.

If the if if the elephant would be in pain or if an animal is um maybe not fit to travel my veterinarian wouldn't sign off. You wouldn't be able to get a veterinarian to sign off on a health certificate for that elephant or animal to leave the farm as well as USDA because USDA monitors all of of our health requirements and records. So. No, it's not true. Um This is all again, this is all information that that you guys are getting unless you physically, you know, go to the United States Department of uh United States Department of Agriculture and and and um request this information.

Now, my family has been in business over almost close to 60 years. We've been in business and and housing animals and taking care of animals before USDA even existed. So you've got 60 plus years of us being law abiding citizens doing our permits, Having all our health certificates in order and like 90% of those7198 violations that you see are our petty. Um a dirty water receptacle at the farm. Uh it doesn't take three days for for automatic water to get LG And especially when it's 90°. Um When you're maintaining a 50 acre farm and you've got fences, they're going to break. Things are gonna happen.

But as far as like one of your senators, there representatives said earlier on today that we have travel trailers with no windows. I'm sitting here right now looking at one and7235 I can count 11 windows on the truck. Um I've got over over $150,000 invested in one transport trailer just to carry them. And it's just gotten too far out with the animal extremists. And today you're not hearing from the general public that do like to see these animals that can't afford to go to places and see these animals and why, why, why why are we missing those people?7269 Because they have regular jobs, they're focusing on their lives there, taking care of their kids and and they're not looking for this stuff7277 um, on an animal bill in Massachusetts.

And I'm sure if you were, at let's per se the Big E and you were in our area and the volume of people that come in, you would see that people really do appreciate it and you know, there are good animal people out there. Um, I mean again they say abuse neglect, inhumane treatment. Never you look me up. You personally look me up. I don't even have any points on my driver's license, I'm a non drinker, I'm a non smoker, I'm seven days a week. The last time I left and I personally went on a vacation was probably 16 years ago. And when I leave, I can't wait to get back to take care of my livestock.

And that's7331 the truth and it's I'm very disturbed that people will lie to push their agenda across. Yes, maybe there's been bad people in the business, but they're not all bad and7343 it would be very, very unfair for somebody like myself and you know, again, we were retiring the elephants, they weren't going out anymore. And unfortunately it's unfortunate that we lost our Beulah and our Karen. It truly is and it's just disturbing.

SHOW NON-ESSENTIAL DIALOGUE

[KENNEDY:] Mr Comerford if I7374 could RW Comerford & Sons7376 Zoo it's I'm not familiar with your business so but the way I understand it is you do not run a operate a zoo that's open to the public rather than its more it could be described more like a wild animal farm where you would rent out animals, is that correct?

[TIM COMMERFORD:] Well, what the nature of our of our7401 business is we Mhm. We're not circus people were you know what the joke is in our families, we don't fall anywhere,7410 but we are animal people. So in other words, if um I'll7415 give you for instance.

[KENNEDY:] Well, I mean you have a 50 acre farm that you've got Exotic animals on the 50 acre farm that you take care of and then how do you7425 make money?

SHOW NON-ESSENTIAL DIALOGUE

[JAMES O'BRIEN (TOPSFIELD FAIR):] [HB3376] [SB2251] Sure, I just want to speak from the Topsfield Fair. I am the general manager Topsfield Fair have been here for over 20 years. Um, we had worked with the Commerfords in the past. We've worked with other groups but we also have our own internal vets that check all the animals as they come on the site, which we've never had an issue with. We run large educational programming here at Topsfield. We're very fortunate that we're able to run um, we always end on Columbus Day and7498 that week leading up to it. The kids are in school enough.

So typically in a normal year, not this past year, but in a normal year we would have had 15 to 16,000 schoolchildren that would come through our programs in the morning. We run 36 different educational programming during those those mornings when the kids come to the fair. They don't just come to the fair um, to just run around and go on the rides and that. We actually run educational programming through our education department here at the fair. But one of the most popular programs was the elephant. Um, the program, different schools would sign up for it. I think it was important that the kids got an opportunity to see the animal up close where they normally wouldn't. They did not ride on the animal or anything like that.

But the educational part of it was explaining what they eat, where they come from, how they react. Um, we always had strong, strong support from the schools for this program also. Again, I can only talk to here at Topsfield, but I never saw this bullhook. I have spoken at these hearings in the past7569 and uh, someone threw this gigantic forefoot stick with a sterling hook on the end of it. Um, I never, ever saw any of that here in Topsfield. I never saw the elephants being controlled that way. Actually Beulah had been here in7585 Topsfield many times over the years. Um, typically when people would ask, I could walk over there, I found Beulah would be a totally sensitive and7595 responsive animal. She knew I was there.

Um, we would visit with her, people would come and visit with her, the restraint that was used on Beulah here at the fair was a yellow string that was strung up across an area and Beulah would see the string and she never crossed the string. She never, she was quite unique and she turned the garden hose on herself for a drink. She, we found her to be just a wonderful animal. Um, but even now, I know it was mentioned earlier today that, um,7628 yes, we don't have them here anymore in7632 Topsfield, but I do know that people still go over to the area where we used to have the animals asking us where they are and how come they're not there.

Um, and we do explain to people, um, Topsfield did pass an ordinance to eliminate it over the years. People7650 always threatened with these that they were7652 going to be picketing and signs out front. Um and they never materialized. Used to be one or two people but the people that were against this were very very vocal um and eventually they were able to7667 sway others that really probably didn't have a real opinion but thought that maybe it would be a good idea. I do have to support Jean Cassidy in the sense that I am very concerned that by passing this the bill that it opens the door for other agricultural animals to be targeted.

Um and also to be uh become part of this whole story which would be tragic. We here at Topsfield have many many horse shows, animal shows, rabbit shows, chickens, poultry, sheep, cows. Um The youth come out, we have we have a tremendous youth program here um and those kids have an opportunity to um show their animals and learn by it. So I will answer any questions but I think that this is going down the wrong road.

SHOW NON-ESSENTIAL DIALOGUE

[JAMES LONERGAN (MBLC):] [HB4120] Thank you. Chairs Kennedy and Fiola and members of the Joint Committee on Tourism Arts and Cultural Development for this opportunity to present testimony today. And thank you Representative Balser for filing this bill which will help libraries in the commonwealth to be able to improve equity of access to e books and eaudiobooks for our patrons across Massachusetts. The MBLC is asking this committee and the legislature to7836 support H 4120 an act modernizing library access to electronic books and digital audiobooks. The MBLC's mission includes promoting equitable access to library materials and services for all residents of the commonwealth.

For 131 years The MBLC He has worked to fulfill this mission and much more. We do this working with our affiliates and partners the Massachusetts Library System. The Boston Public Library in its role as the library for the commonwealth. The Perkins and Worcester Talking Book7865 Libraries, Massachusetts, Center for The Book and the nine automated networks. We agree with the American Library Association that libraries transform lives by providing access to knowledge information and lifelong learning. We also agree with ALAs position on e books and eaudiobooks that all published works must be available for libraries to purchase and lend to library.

Users access to and use of e books must equitably balance the rights and privileges of readers Authors and publishers. Digital content must be accessible to all people regardless of physical reading disabilities. Library patrons must be able to access digital content on the device of their choosing and reading records must retain remaining private in the digital age. The MBLC the Mass Library System, the automated networks and local libraries have been working to increase residents access to books for nearly a decade.

However, while libraries can purchase physical books at the same price as other customers and lend them to users E books and eaudiobooks require licensing that continues to be problematic to libraries and causes inequities for users or users particularly for those with limited incomes for those with disabilities. Some publishers have released some titles only as e-books and have refused to license those titles to libraries. Some publishers have imposed embargoes on licensing of e-books to libraries And publishers charge significantly higher prices on library book licenses than they charged to consumers.

According to the American Library Association between three to five times as much. The library license is generally limited to two years or 26 circulations rather than an unlimited7966 period, which is the case for7969 consumer purchases. The MBLC supports the licensing of e books and eaudiobooks through state7974 grants to the commonwealth automated resource sharing networks for LEA Which is Library Ebooks and Audiobooks Program will be expanded $500,000 in fiscal 22 for this program. We also support vendor the fees to the vendor that supports a statewide resource-sharing platform for that program7991 that's $94,000 for fiscal 22.

Massachusetts residents access to e books, eaudiobooks at more than More or from 377 participating libraries from across the Commonwealth. The state funded grants directly support the growing demand for e books and eaudiobooks across the commonwealth, Including during the pandemic when checkouts through LEA increased by 40%. Since 2018 To keep pace with demand networks have more than doubled their spending on e-content that can be shared across the state. For millions of Massachusetts students, ebook access through8027 our statewide e-book program has meant that learning could continue when their schools were or are closed during the pandemic.

For Seniors isolated by the pandemic access to ebooks was a lifeline Their connection to the world. We respectfully request that you support this bill and share in our vision of supporting libraries as a great equalizer in our communities that provide opportunity and hope for all libraries truly do transform lives. Thank you. And I would be happy8057 to answer any questions you may have.

SHOW NON-ESSENTIAL DIALOGUE

[KENNEDY:] Uh Mr Comerford Thanks for hanging in there with us. Um You really, it was just one question that I had. I just well actually it's a two part question first of all are you based in Massachusetts or Connecticut and then the second part is is your business, a a8091 zoo that's open to the public or rather like a wild animal farm or a refuge for animals that you then rent out to different events?

[TIM COMMERFORD:] We are not open. Yes, we are not open to the public. Um Everything has been done off premises and we don't necessarily focus on one thing. If if you call up and say we need um I don't know a Camel for a bar mitzvah. We would bring the camel out to do your bar mitzvah. Now we do mainly stay, we like to stay in the New England area. Um occasionally we do travel out of of the area, but we, we like to stay local we're um and and you know a lot of these um people are saying that you know, they're the animals are put in these trailers for long periods of time.

If you go to the Big E you will see that we set up and we put everything together before um and that that's how we are and and immediately when the venue is over the animals go home Whether we have a tremendous of amount of equipment, the animals go home and they go to the farm and go out to the pasture.

[KENNEDY:] Okay, thank you. And your business located in massachusetts or Connecticut?

[TIM COMMERFORD:] No, we're in Goshen Connecticut. Um we're about 50 miles from from the Big E uh two and a half from Topsfield, so it gives you an idea.

SHOW NON-ESSENTIAL DIALOGUE

[TIM COMMERFORD:] I appreciate you know, and I do just one thing I ask though is if you don't, don't go by the material that you receive, please look yourself and and and follow up that way on each, you know, individual uh, animal organization, don't you know, you have to do your due diligence that way. Thank you.

SHOW NON-ESSENTIAL DIALOGUE

[KYLE COURTNEY (LIBRARY FUTURES):] [HB4120] Great, thank you. Good afternoon to chair Fiola chair, Kennedy and members of the committee, fellow librarians. Um and the public, my name is Kyle Courtney I am a lawyer and librarian from Scituate Massachusetts. I specialize in issues related to access licensing, copyright and8250 libraries. It's a fun position. Um I'm here today as the co founder and board chair of a non profit organization called Library Futures. We're a group of library professionals, lawyers, advocates and scholars working to champion the right to equitable access to knowledge and empower libraries to take control of their digital futures.

So, I want to be very clear because it's the end of the day here we support the broad goals outlined in H 4120, but I believe that this committee, the Library caucus, the legislature the commonwealth has such a unique opportunity here to remedy some of the most pressing problems that we've heard about for libraries today. The problem of ebooks. By amending this bill to also address the restrictive8290 light setting terms that are forced upon libraries which denies the public free and unfettered access to these books and the materials that the library acquires, but you know, let me be even more frank.

The e-book licensing terms that presently exist for most publishers and by proxy through the distributors are eviscerating the mission of libraries, archives and other cultural institutions with grave repercussions for equity and access to the world's knowledge and e-books. In our submitted testimony8318 Library Futures outlined some language which we think could remedy these unique problems using Massachusetts state law and clearly define reasonable terms that libraries need to contribute to be able to provide books and materials to the public.

And this suggested language will help to avoid8332 the specter of litigation associated with this exact bill's Language as adopted in other8336 states such as Maryland and New York, which was alluded to earlier in the hearing. I respect the representative from the Minuteman Library Network, but I'm a copyright lawyer, especially on these exact issues. And this language has potential federal preemption problems in Maryland New York.

And this is according to the8353 US Copyright office and the Library of Congress and regardless of ALA American Library Association's hope for the language Massachusetts can work to avoid all of those issues if libraries don't work with the Massachusetts Legislature and this committee on defining these reasonable terms Now using Mass state law, we leave these definitions up to the publishers which is basically handing over the library's own authority to third parties that do not benefit the residents of the commonwealth. And presently the publisher's licensing language features incredibly restrictive terms that basically transforms all libraries and their collections into a rent not to own model, which impacts the ability for libraries to fulfill their vital role by loaning books and materials to Massachusetts patrons. If you're familiar, this is much like Hulu Netflix or other streaming media models.

E-books are simply rented and can be taken from the library at the whim of the publisher. And if a library does not renew the licence with the vendors, an entire collection of e-books can be deleted from a library system. We didn't own it, we can't lend it and we can't preserve it for future generations. So this fear echoed by my colleague Heather Joseph, is that these licenses will force our patrons to trade in their library8423 cards for credit cards. So why the credit card analogy? Because as we've heard, the cost of e-books is also untenable as my colleagues have testified here earlier, E-book prices have tripled, library budgets have not.

And under some terms8437 And this is, I think the most egregious Libraries are forced to repurchase the book after 26 loans or they have to buy their entire e book collection again every two years. Right. This is untenable. In order to accomplish our public facing mission, libraries must be able to acquire works for their patron without having to buy the same books over and over8457 and over. And again, it doesn't have to be this way. Massachusetts law could alter the terms of these licensing agreements to better reflect and respect the special roles that libraries play in the Massachusetts community using state contract law and consumer protection law.

And I'm not going to get into the details here, but I ask that you read our submitted comments and the potential language that we've outlined that aligns with the library mission providing the patrons access8483 to e books under reasonable terms respecting the special role libraries play in providing free, nondiscriminatory access to books. Again, thank you for your time and consideration. And I look forward to working with8484 the committee further.

SHOW NON-ESSENTIAL DIALOGUE