A05407 Summary:

BILL NO    A05407 

SAME AS    SAME AS S05971

SPONSOR    Paulin (MS)

COSPNSR    Aubry, Englebright

MLTSPNSR   Buchwald, Cook, Hikind

Add S352, Ag & Mkts L

Restricts the use of exotic and wild animals in traveling circuses and shows;
prohibits the use of any wild or exotic animal that was traveling in a mobile
housing facility thirty days before the circus or show; establishes civil
penalties for violations.
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A05407 Actions:

BILL NO    A05407 

02/25/2013 referred to agriculture
01/08/2014 referred to agriculture
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A05407 Votes:

There are no votes for this bill in this legislative session.
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A05407 Memo:

BILL NUMBER:A5407

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to restricting the use of exotic and wild animals in
traveling circuses and shows

PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the use of exotic and non-domesticated animals in
traveling circuses and exhibitions

SUMMARY OF SPECIFIC PROVISIONS:

Section one provides that this act shall be known as the "traveling
exotic and wild animal protection act."

Section two provides the legislative findings.

Paragraph one of section three amends the agriculture and markets law
by adding a new section 352 to prohibit traveling circuses and shows
from displaying exotic or wild animals, including non-humane primates.
Paragraph two provides that the restriction shall not apply to exotic
or wild animals in an exhibition at a non-mobile, permanent
institution or facility, including an accredited zoo or aquarium; as
part of an out outreach program for education or conservation
purposes, by a university, college, laboratory, or other registered
research facilities; in film, television, or advertising if such use
does not involve a live public exhibition; or in a rodeo. Paragraph
three provides the penalties for violators of the act. Paragraph four
lists exemptions of the act. Paragraph five lists definitions.

Section four provides the effective date.

JUSTIFICATION:

Traveling circuses and shows have acute negative effects on the
psychological and physical health of the performing animals. The
methods of transporting, training, and maintaining these animals are
often cruel and inhumane. They are corralled and forced to perform
unnatural tasks for the sake of entertainment, while being restricted
from exhibiting natural behaviors. Due to their natural wild instincts
and the immense amount of stress placed upon the long-range animals
especially, rebellious actions often occur, which lead to an increased
risk of public safety. Traveling circuses and exhibitions bring the
public dangerously close to unpredictable animals, and the temporary,
collapsible facilities provide ix)adequ.ate protection. The mobile
nature of these shows makes it difficult for law enforcement to
supervise animal treatment. There are many alternative animal-free
circuses and shows that provide enjoyable human performance focused
entetiaimnent for the public.

PRIOR LEGISLATIVE HISTORY:;

This is a new bill.

FISCAL IMPLICATION:


None to the state.

EFFECTIVE DATE:

This act shall take effect one year after it shall have become a law.
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A05407 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5407

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 25, 2013
                                      ___________

       Introduced  by  M. of A. PAULIN, AUBRY -- Multi-Sponsored by -- M. of A.
         COOK, HIKIND -- read once and referred to the Committee on Agriculture

       AN ACT to  amend  the  agriculture  and  markets  law,  in  relation  to
         restricting  the  use of exotic and wild animals in traveling circuses
         and shows

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. This act shall be known and may be cited as the "traveling
    2  exotic and wild animal protection act".
    3    S 2. Legislative findings. The legislature finds that:
    4    1. traveling circuses and shows are detrimental to animal welfare  due
    5  to the adverse effects of captivity and transport;
    6    2.  severe  confinement, lack of free exercise, and the restriction of
    7  natural behaviors, cause animals used in traveling circuses and shows to
    8  suffer and be prone to health, behavioral, and psychological problems;
    9    3. tricks that exotic  and  non-domesticated  animals  are  forced  to
   10  perform  require  extreme  physical  coercion  techniques, including the
   11  restriction of food, the use of elephant hooks (objects used to  control
   12  and  punish  elephants),  electric  shocks, metal bars, whips, and other
   13  forms of physical abuse;
   14    4. welfare of animals subject to the conditions in traveling  circuses
   15  and  shows, such as constant travel, limited facilities, long periods of
   16  restricted movement, stress, and physical coercion, will  inevitably  be
   17  compromised, which can lead to increased risks to public safety;
   18    5.  animals in traveling circuses and shows pose an additional risk to
   19  public safety because such animals have wild  instincts  and  needs  and
   20  have demonstrated unpredictability;
   21    6.  use of collapsible, temporary facilities in traveling circuses and
   22  shows increases the risk of escaping exotic and non-domesticated animals
   23  seriously harming workers and the public;

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08412-02-3
       A. 5407                             2

    1    7. traveling circuses and shows  bring  people  dangerously  close  to
    2  exotic and non-domesticated animals by displaying animals in inappropri-
    3  ate,  uncontrolled  areas that are not suited for the exhibition of such
    4  animals;
    5    8.  it  is not possible to provide exotic and non-domesticated animals
    6  with facilities sufficient to maintain the optimum physical  and  mental
    7  health  of the animals because of the suffering caused to the animals by
    8  the nature of traveling circuses and  shows,  in  which  restriction  of
    9  movement,  separation  from  natural  groupings, restriction of food and
   10  water, and physical abuse are prevalent;
   11    9. due to the mobile and transitory nature of traveling  circuses  and
   12  shows,  law  enforcement  authorities cannot properly monitor the condi-
   13  tions of the animals or follow up on previous infractions  by  traveling
   14  circuses;
   15    10.  restricting  the  use  of  exotic and non-domesticated animals in
   16  traveling circuses and shows is the most  cost-effective  and  efficient
   17  way to safeguard both animal welfare and public safety; and
   18    11.  animal-free circuses like Cirque du Soleil are growing in number,
   19  economic impact, and popularity, a testament  to  an  educated  public's
   20  desire to see humane entertainment.
   21    S  3.  The  agriculture  and  markets  law  is amended by adding a new
   22  section 352 to read as follows:
   23    S 352. USE OF EXOTIC OR WILD ANIMALS IN TRAVELING CIRCUSES AND EXHIBI-
   24  TIONS.  1. NO TRAVELING CIRCUS OR SHOW MAY ALLOW FOR  THE  PARTICIPATION
   25  OF AN EXOTIC OR WILD ANIMAL, INCLUDING A NON-HUMAN PRIMATE, IN AN ANIMAL
   26  ACT  IF, DURING THE THIRTY DAY PERIOD PRECEDING SUCH PARTICIPATION, SUCH
   27  ANIMAL WAS TRAVELING IN A MOBILE HOUSING FACILITY.
   28    2. THE RESTRICTION UNDER SUBDIVISION ONE OF  THIS  SECTION  SHALL  NOT
   29  APPLY  TO  THE  USE  OF  AN EXOTIC OR WILD ANIMAL, INCLUDING A NON-HUMAN
   30  PRIMATE:
   31    (A) IN AN EXHIBITION AT A NON-MOBILE, PERMANENT INSTITUTION OR FACILI-
   32  TY, INCLUDING AN ACCREDITED ZOO OR AQUARIUM;
   33    (B) AS PART OF AN  OUTREACH  PROGRAM  FOR  EDUCATION  OR  CONSERVATION
   34  PURPOSES  BY AN ACCREDITED ZOO, AQUARIUM, OR NOT-FOR-PROFIT CONSERVATION
   35  ORGANIZATION IF THE ANIMAL USED FOR SUCH  PURPOSES  IS  NOT  KEPT  IN  A
   36  MOBILE HOUSING FACILITY FOR MORE THAN TWELVE HOURS A DAY;
   37    (C)  BY  A UNIVERSITY, COLLEGE, LABORATORY, OR OTHER RESEARCH FACILITY
   38  REGISTERED WITH THE SECRETARY OF THE DEPARTMENT OF AGRICULTURE  PURSUANT
   39  TO THE ANIMAL WELFARE ACT (7 U.S.C. SECTION 2136);
   40    (D) IN FILM, TELEVISION, OR ADVERTISING IF SUCH USE DOES NOT INVOLVE A
   41  LIVE PUBLIC EXHIBITION; OR
   42    (E) IN A RODEO.
   43    3.  A  TRAVELING CIRCUS OR SHOW THAT FAILS TO COMPLY WITH THIS SECTION
   44  OR ANY RULE, REGULATION, OR STANDARD  PROMULGATED  BY  THE  COMMISSIONER
   45  THEREUNDER,  MAY  BE ASSESSED A CIVIL PENALTY BY THE COMMISSIONER OF NOT
   46  MORE THAN TEN THOUSAND DOLLARS FOR EACH SUCH VIOLATION, AND THE  COMMIS-
   47  SIONER  MAY  ALSO  MAKE AN ORDER THAT SUCH PERSON SHALL CEASE AND DESIST
   48  FROM CONTINUING SUCH VIOLATION.   EACH VIOLATION  AND  EACH  DAY  DURING
   49  WHICH  A VIOLATION CONTINUES SHALL BE A SEPARATE OFFENSE. ANY PERSON WHO
   50  KNOWINGLY FAILS TO OBEY A CEASE AND DESIST ORDER MADE BY THE COMMISSION-
   51  ER UNDER THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF  ONE  THOU-
   52  SAND  FIVE  HUNDRED  DOLLARS FOR EACH OFFENSE, AND EACH DAY DURING WHICH
   53  SUCH FAILURE CONTINUES SHALL BE DEEMED A SEPARATE OFFENSE.
   54    4. THE FOLLOWING ARE EXEMPT FROM THE PROVISIONS OF THIS SECTION:
   55    (A) INSTITUTIONS ACCREDITED BY THE AMERICAN ZOO AND  AQUARIUM  ASSOCI-
   56  ATION,
       A. 5407                             3

    1    (B) ANY WILDLIFE SANCTUARY AS DEFINED IN THIS SECTION.
    2    (C)  NOT-FOR-PROFIT  ENVIRONMENTAL EDUCATION PROGRAMS AS DEFINED UNDER
    3  THIS SECTION.
    4    5. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
    5  FOLLOWING MEANINGS:
    6    (A) "TRAVELING CIRCUS" MEANS A CLASS C LICENSEE THAT IS LICENSED UNDER
    7  THE  ANIMAL  WELFARE  ACT (7 U.S.C. SECTION 2131 ET SEQ.) AND ITS SUBSE-
    8  QUENT AMENDMENTS, REGULATIONS, AND STANDARDS  ADOPTED  PURSUANT  TO  THE
    9  ANIMAL  WELFARE  ACT,  THAT OFFERS PERFORMANCES BY LIVE ANIMALS, CLOWNS,
   10  AND/OR ACROBATS THAT TRAVEL IN MOBILE HOUSING FACILITIES.
   11    (B) "SHOW" MEANS ANY MOBILE OR STATIONARY ACT,  CIRCUS,  PUBLIC  SHOW,
   12  TRADE  SHOW,  PHOTOGRAPHIC  OPPORTUNITY,  CARNIVAL, CITY OR COUNTY FAIR,
   13  AGRICULTURAL FAIR, RIDE, PARADE, RACE, PERFORMANCE, OR SIMILAR UNDERTAK-
   14  ING INCORPORATING WILD OR EXOTIC ANIMALS WHEREIN THE ANIMALS  ARE  TAKEN
   15  FROM THEIR PERMANENT RESIDENCE AND REQUIRED TO TRAVEL FOR ANY DISTANCE.
   16    (C)  "PERSON"  MEANS  AN  INDIVIDUAL,  PARTNERSHIP, CORPORATION, JOINT
   17  VENTURE, ASSOCIATION, TRUST, ESTATE, OR ANY OTHER LEGAL ENTITY, AND  ANY
   18  OFFICER,  MEMBER,  SHAREHOLDER,  DIRECTOR, EMPLOYEE, AGENT, OR REPRESEN-
   19  TATIVE OF THESE.
   20    (D) "EXOTIC OR WILD ANIMALS" MEANS ANY OR ALL OF THE FOLLOWING OR  THE
   21  FOLLOWING ORDERS AND FAMILIES, WHETHER BORN IN THE WILD OR IN CAPTIVITY,
   22  AND ALSO ANY OR ALL OF THEIR HYBRIDS WITH DOMESTIC SPECIES.  THE ANIMALS
   23  LISTED ARE INTENDED TO ACT AS EXAMPLES AND ARE NOT TO BE CONSTRUED AS AN
   24  EXHAUSTIVE LIST OR LIMIT THE GENERALITY OF EACH GROUP OF ANIMALS, UNLESS
   25  OTHERWISE SPECIFIED:
   26    (I)  NON-HUMAN  PRIMATES  AND PROSIMIANS, SUCH AS CHIMPANZEES, BABOONS
   27  AND MONKEYS;
   28    (II) FELIDAE, SUCH AS LIONS, TIGERS, COUGARS,  LEOPARDS,  OCELOTS  AND
   29  SERVALS, BUT SHALL NOT INCLUDE DOMESTICATED ANIMALS;
   30    (III)  CANIDAE,  SUCH  AS  WOLVES  AND  COYOTES, BUT SHALL NOT INCLUDE
   31  DOMESTIC DOGS;
   32    (IV) URSIDAE, SUCH AS BEARS;
   33    (V) MARSUPIALIA, SUCH AS KANGAROOS;
   34    (VI) PROBOSCIDAE, SUCH AS ELEPHANTS;
   35    (VII) ARTIODACTYLA, SUCH AS GIRAFFES AND CAMELS, BUT SHALL NOT INCLUDE
   36  DOMESTIC CATTLE, SWINE, SHEEP, OR GOATS;
   37    (VIII) PERISSODACTYLA, SUCH AS ZEBRAS, BUT SHALL NOT INCLUDE  DOMESTIC
   38  HORSES, DONKEYS, OR MULES.
   39    (E)  "WILDLIFE  SANCTUARY" MEANS A 501(C)(3) ORGANIZATION DESCRIBED IN
   40  SECTION 170(B)(1)(A)(VI) OF THE INTERNAL  REVENUE  CODE  1986,  AND  ITS
   41  SUBSEQUENT AMENDMENTS WHERE:
   42    (I)  NO COMMERCIAL TRADE IN ANIMALS OCCURS, INCLUDING, BUT NOT LIMITED
   43  TO, SALE OF ANIMALS, ANIMAL PARTS, BY-PRODUCTS, OFFSPRING,  PHOTOGRAPHIC
   44  OPPORTUNITIES OR PUBLIC EVENTS FOR FINANCIAL PROFIT, OR ANY OTHER ENTER-
   45  TAINMENT PURPOSES;
   46    (II) NO PROPAGATION OF ANIMALS OCCURS IN THE FACILITY; AND
   47    (III)  NO  ESCORTED  PUBLIC  VISITATION  IS ALLOWED; NO DIRECT CONTACT
   48  BETWEEN THE PUBLIC AND WILD ANIMALS IS ALLOWED; ANIMALS  ARE  NOT  TAKEN
   49  FROM THE SANCTUARY OR ENCLOSURES FOR EXHIBITION.
   50    (F) "DOMESTICATED ANIMAL" MEANS ANY DOMESTICATED SHEEP, HORSE, CATTLE,
   51  FALLOW  DEER,  RED DEER, SIKA DEER, WHITETAIL DEER WHICH IS RAISED UNDER
   52  LICENSE FROM THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, LLAMA,  GOAT,
   53  SWINE,  FOWL,  DUCK,  GOOSE,  SWAN,  TURKEY,  CONFINED  DOMESTIC HARE OR
   54  RABBIT, PHEASANT OR OTHER BIRD WHICH  IS  RAISED  IN  CONFINEMENT  UNDER
   55  LICENSE FROM THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION BEFORE RELEASE
   56  FROM CAPTIVITY, EXCEPT THAT THE VARIETIES OF FOWL COMMONLY USED FOR COCK
       A. 5407                             4

    1  FIGHTS SHALL NOT BE CONSIDERED DOMESTIC ANIMALS FOR THE PURPOSES OF THIS
    2  SECTION.
    3    (G)  "ENVIRONMENTAL  EDUCATION PROGRAM" MEANS ANIMAL USE OR EXHIBITION
    4  THAT IS DEVOTED TO IMPARTING KNOWLEDGE OR INFORMATION ABOUT  THE  EXHIB-
    5  ITED ANIMAL'S BEHAVIOR, HABITAT, LIFE CYCLE, MIGRATORY PATTERNS, FEEDING
    6  HABITS  OR  SIMILAR PEDAGOGICAL INFORMATION AND IS CONDUCTED BY AN INDI-
    7  VIDUAL OR INDIVIDUALS WHO IS/ARE ACCREDITED OR  SIMILARLY  QUALIFIED  TO
    8  IMPART  SUCH  INFORMATION.  AT  NO TIME DURING AN EDUCATIONAL EXHIBITION
    9  WILL ANY ANIMAL BE MADE TO PERFORM ANY  BEHAVIOR  THAT  IS  NOT  INTRIN-
   10  SICALLY NATURAL TO THE ANIMAL.
   11    S  4. This act shall take effect one year after it shall have become a
   12  law. Effective immediately, the addition, amendment and/or repeal of any
   13  rule or regulation necessary for the implementation of this act  on  its
   14  effective date is authorized to be made on or before such date.
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