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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6368A
SPONSOR: Rosenthal (MS) TITLE OF BILL: An act to amend the general business law, in relation
to the prohibitions on circus performances
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to ensure
that only Animal Welfare Act-compliant circuses are conducting business
in New York State.
SUMMARY OF SPECIFIC PROVISIONS:
Section One amends the general business law by adding a new section
392-j.
Section Two sets forth the effective date.
JUSTIFICATION: The inspection unit of the United States Department of
Agriculture (USDA) conducts periodic visits and inspections of both
traveling and stationary circuses and other exhibitions where animals
serve as entertainment. If the circus is not complying with the Animal.
Welfare Act, USDA will deem it in violation or non-compliant and possi-
bly issue fines and conduct follow-up visits.
Circuses have been cited for beating and whipping animals, tying their
limbs together to facilitate training, shocking them to ensure compli-
ance, not providing adequate food, water and shelter and for many other
reasons, yet these circuses are allowed to continue such treatment and
perform night after night.
Under this bill, circuses will be compelled to comply with the basic
levels of care and protection chat the Animal Welfare Act demands, or
not conducts shows in this state for a period of two years.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
6368--A
2013-2014 Regular Sessions
IN ASSEMBLY
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 § 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 § 2. This act shall take effect on the thirtieth day after it shall
23 have become a law.
