Prohibits the participation of certain animals in traveling animal acts; prohibits the department of environmental conservation from issuing permits or licenses allowing participation of certain animals in traveling animal acts; excludes certain permanent performing institutions; imposes a civil penalty not to exceed $1000 for a violation.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4005A
SPONSOR: Glick TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the participation of certain animals in traveling animal
acts
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to prohibit the use of certain animals in
traveling animal acts.
SUMMARY OF PROVISIONS:
Section one prohibits the Department of Environmental Conservation (DEC)
from issuing permits or licenses that would authorize the exhibition of
covered animals in traveling acts. Covered animals are cats that are not
domestic cats, kangaroos, wallabys, bears, and non-human primates.
Section two sets an effective date of December 31, 2024.
JUSTIFICATION:
The circus environment is far removed from wild animal habitats, with
performing animals often kept in small, confined spaces and forced to
perform unnatural behaviors. As the public has become more educated
about the need to protect endangered and threatened species, the pres-
ence of such animals in a circus environment appears to contravene ongo-
ing protection efforts and has become increasingly difficult to justify.
This bill would prohibit the Department of Environmental Conservation
from issuing permits or licenses that would authorize non-human
primates, bears, kangaroos, wallabys, and cats to appear in traveling
acts.
PRIOR LEGISLATIVE HISTORY:
2017-18 A.8157-A passed assembly
2019-20 A.3673 ordered to third reading cal.151
2021-22: A.5542 ordered to third reading cal.179
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect December 31, 2024.
STATE OF NEW YORK
________________________________________________________________________
4005--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. GLICK, BORES, SIMONE -- read once and referred to
the Committee on Environmental Conservation -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the environmental conservation law, in relation to
prohibiting the participation of certain animals in traveling animal
acts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 11-0541 to read as follows:
3 § 11-0541. Traveling animal acts.
4 1. Notwithstanding any other provision of law, no person shall allow
5 for the participation of a covered animal in a traveling animal act.
6 2. The department shall not issue a permit or license, including, but
7 not limited to, an education or exhibition permit or an endangered or
8 threatened species license that would allow for the participation of a
9 covered animal in a traveling animal act.
10 3. This section shall not apply to a performance that takes place at a
11 non-mobile, permanent institution or other fixed facility, provided that
12 the covered animal is not transported to the location for a period of
13 less than fourteen days for the sole purpose of a performance.
14 4. For the purposes of this section, the following terms shall have
15 the following meanings:
16 (a) "Covered animal" shall mean any of the following animals, includ-
17 ing hybrids thereof:
18 (i) Felidae, but excluding domestic cats;
19 (ii) Kangaroo;
20 (iii) Non-human primate;
21 (iv) Ursidae; and
22 (v) Wallaby.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06973-02-3
A. 4005--A 2
1 (b) "Mobile or traveling housing facility" shall mean a transporting
2 vehicle such as a truck, trailer, or railway car, used to transport or
3 house animals while traveling for exhibition or other performance.
4 (c) "Performance" shall mean any exhibition or public showing, presen-
5 tation, display, exposition, fair, animal act, circus, ride, trade show,
6 petting zoo, carnival, parade, race, or similar undertaking in which
7 covered animals are required to perform tricks, give rides, or partic-
8 ipate as accompaniments for the entertainment, amusement, or benefit of
9 a live audience.
10 (d) "Traveling animal act" shall mean any performance of covered
11 animals where such animals are transported to, from, or between
12 locations for the purpose of such performance, in a mobile or traveling
13 housing facility.
14 5. A violation of this section shall be punishable by a civil penalty
15 of not more than one thousand dollars.
16 § 2. This act shall take effect December 31, 2024.
