A04005 Summary:

BILL NOA04005A
 
SAME ASSAME AS S04363-A
 
SPONSORGlick
 
COSPNSRBores, Simone, Lee, Colton, Burdick, Rosenthal L, Thiele, Epstein, Gonzalez-Rojas, Dinowitz, Simon, Steck
 
MLTSPNSR
 
Add 11-0541, En Con L
 
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.
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A04005 Actions:

BILL NOA04005A
 
02/08/2023referred to environmental conservation
05/08/2023amend (t) and recommit to environmental conservation
05/08/2023print number 4005a
05/23/2023reported referred to codes
01/03/2024referred to codes
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A04005 Committee Votes:

ENVIRONMENTAL CONSERVATION Chair:Glick DATE:05/23/2023AYE/NAY:22/6 Action: Favorable refer to committee Codes
GlickAyeSimpsonNay
ColtonAyeSmullenNay
O'DonnellAbsentTagueNay
GuntherAyeManktelowNay
ThieleAyeBrownAye
FahyAyeDursoNay
OtisAyeLemondesNay
WilliamsAyeGiglioAye
BarrettAyeFloodAye
CarrollAye
BurkeAye
EpsteinAye
McMahonAye
BurdickAye
LunsfordAye
KellesAbsent
Gonzalez-RojasAye
SeptimoAye
LeeAye
LevenbergAye
SimoneAye

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A04005 Floor Votes:

There are no votes for this bill in this legislative session.
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A04005 Memo:

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.
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A04005 Text:



 
                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.
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