Prohibits the issuance of permits authorizing the use of wild animals in circuses or traveling animal acts; excepts a wildlife sanctuary and a facility accredited by the Association of Zoos and Aquariums.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4005
SPONSOR: Glick
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the issuance of permits authorizing the use of wild animals
in circuses or traveling animal acts
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to prohibit the use of wildlife in circuses.
 
SUMMARY OF PROVISIONS:
This bill would prohibit the Department of Environmental Conservation
(DEC) from issuing permits or licenses that would authorize the exhibi-
tion of a wild animal in a circus. Such a prohibition, however, would
not apply to a zoo accredited by the Association of Zoos and Aquariums
or a wildlife sanctuary.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
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 wild animals to
appear in circuses.
 
PRIOR LEGISLATIVE HISTORY:
2017-18 A.8157-A passed assembly
2019-20 A.3673 ordered to third reading cal.l51
2021-22: A.5542 ordered to third reading cal.l79
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect December 31, 2022.
STATE OF NEW YORK
________________________________________________________________________
4005
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the issuance of permits authorizing the use of wild
animals in circuses or 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. Prohibition on the issuance of permits authorizing the use of
4 wild animals in circuses or traveling animal acts.
5 1. The department shall not issue a permit or license, including, but
6 not limited to, an education or exhibition permit or an endangered or
7 threatened species license, authorizing the exhibition of a wild animal
8 in a circus notwithstanding a valid United States department of agricul-
9 ture license, or a traveling animal act.
10 2. Such a prohibition shall not apply to:
11 a. a facility accredited by the Association of Zoos and Aquariums;
12 b. a wildlife sanctuary.
13 3. For the purposes of this section the following terms shall have the
14 following meanings:
15 (a) "traveling animal act" shall mean any performance of wild animals
16 where such animals are transported to, from, or between locations for
17 the purpose of such performance; and
18 (b) "performance" shall mean any exhibition or public showing in which
19 wild animals are required to perform tricks, give rides, or participate
20 as accompaniments for the entertainment, amusement, or benefit of a live
21 audience.
22 § 2. This act shall take effect December 31, 2024.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06973-01-3