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A06368 Summary:

BILL NO    A06368A

SAME AS    SAME AS S07336

SPONSOR    Rosenthal (MS)

COSPNSR    Moya, Englebright, Brook-Krasny, Millman, Cook, Lavine, Zebrowski

MLTSPNSR   Gottfried, Perry, Weisenberg

Add S392-j, Gen Bus L

Relates to prohibitions on circus performances; prohibits circuses from
conducting shows or other performances in the state for one year where a circus
has been found to be in violation or in non-compliance with the Animal Welfare
Act of 1966.
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A06368 Text:

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

                                        6368--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 26, 2013
                                      ___________

       Introduced by M. of A. ROSENTHAL, MOYA, ENGLEBRIGHT, BROOK-KRASNY, MILL-
         MAN,  COOK,  LAVINE, ZEBROWSKI -- Multi-Sponsored by -- M. of A. GOTT-
         FRIED, WEISENBERG -- read  once  and  referred  to  the  Committee  on
         Economic  Development  --  recommitted  to  the  Committee on Economic
         Development in accordance with Assembly Rule 3, sec.  2  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

       AN  ACT  to  amend the general business law, in relation to the prohibi-
         tions on circus performances

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

    1    Section 1. The general business law is amended by adding a new section
    2  392-j to read as follows:
    3    S 392-J. PROHIBITIONS ON CIRCUS PERFORMANCES.  1. DEFINITIONS. AS USED
    4  IN THIS SECTION:
    5    (A) "ANIMAL" INCLUDES ANIMALS AS DEFINED IN SUBDIVISION ONE OF SECTION
    6  THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
    7    (B)  "CIRCUS"  MEANS ANY PERFORMANCE OF ANIMALS WHERE SUCH ANIMALS ARE
    8  TRAINED TO PERFORM SOME BEHAVIOR OR  ACTION  OR  ARE  PART  OF  A  SHOW,
    9  PARADE,  OR  PERFORMANCE.    SUCH  DEFINITION SHALL NOT BE APPLICABLE TO
   10  NOT-FOR-PROFIT CORPORATIONS WHICH HAVE RECEIVED 501 (C)(3) EXEMPT STATUS
   11  FROM THE INTERNAL REVENUE SERVICE.
   12    (C) "DEFICIENCY" MEANS AN ITEM  NOT  IN  COMPLIANCE  WITH  THE  ANIMAL
   13  WELFARE ACT, 7 U.S.C. 2131 ET SEQ., AND ITS SUBSEQUENT AMENDMENTS, REGU-
   14  LATIONS AND STANDARDS ADOPTED PURSUANT TO THE ACT.
   15    2.  IF  WITHIN  THE PRECEDING TWO YEAR PERIOD, (A) A CIRCUS, INCLUDING
   16  ITS OWNERS, AGENTS, EMPLOYEES, OR  REPRESENTATIVES,  WAS  CITED  BY  THE
   17  UNITED STATES DEPARTMENT OF AGRICULTURE FOR A DEFICIENCY RELATING TO THE
   18  CARE  OR  HANDLING OF AN ANIMAL, OR RECEIVED AN OFFICIAL NOTICE OF WARN-
   19  ING, OR ENTERED INTO A STIPULATION, CONSENT DECREE, OR  SETTLEMENT  WITH
   20  THE  UNITED  STATES  DEPARTMENT  OF  AGRICULTURE  PURSUANT TO THE ANIMAL

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07796-03-4
       A. 6368--A                          2

    1  WELFARE ACT, 7 U.S.C. 2131 ET SEQ., AND ITS SUBSEQUENT AMENDMENTS, REGU-
    2  LATIONS AND STANDARDS ADOPTED PURSUANT TO THE ACT, RELATING TO THE  CARE
    3  OR HANDLING OF AN ANIMAL, OR (B) A CIRCUS, INCLUDING ITS OWNERS, AGENTS,
    4  EMPLOYEES,  OR REPRESENTATIVES, WAS FOUND GUILTY OF VIOLATING THE LAW OF
    5  ANY STATE RELATING TO CRUELTY TO OR NEGLECT OF AN ANIMAL  OWNED,  LEASED
    6  OR  IN ANY WAY USED BY THE CIRCUS, OR PLED GUILTY TO A CHARGE OTHER THAN
    7  THE ANIMAL CRUELTY OR NEGLECT  CHARGE  IN  SATISFACTION  OF  THE  ANIMAL
    8  CRUELTY OR NEGLECT CHARGE, OR WHERE THE ANIMAL CRUELTY OR NEGLECT CHARGE
    9  HAS  NOT  RESULTED IN A DISMISSAL ON THE MERITS, AN APPLICATION SHALL BE
   10  MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE  STATE  OF
   11  NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEED-
   12  ING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS
   13  THAN  FIVE DAYS, TO ENJOIN AND RESTRAIN THE DEFENDANT FROM USING ANIMALS
   14  IN A CIRCUS WITHIN THE STATE FOR A PERIOD NOT TO EXCEED  TWO  YEARS.  IN
   15  CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS
   16  AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT  FACTS
   17  AND  TO  ISSUE  SUBPOENAS  IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
   18  RULES.
   19    3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY
   20  PROTECTIONS AFFORDED TO ANIMALS UNDER ANY  OTHER  LAW,  RULE,  OR  REGU-
   21  LATIONS.
   22    S  2.  This  act shall take effect on the thirtieth day after it shall
   23  have become a law.
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