A05407 Summary:

COSPNSRAubry, Englebright
MLTSPNSRBuchwald, 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:

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

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Paulin (MS)
  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. Para- graph 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 universi- ty, 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 psycho- logical 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, rebel- lious 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 facili- ties 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:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                   IN ASSEMBLY
                                    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    § 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.

        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    §  3.  The  agriculture  and  markets  law  is amended by adding a new
    22  section 352 to read as follows:
    23    § 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    §  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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