Prohibits the use of primates in entertainment acts; prohibits the department of environmental conservation for issuing any license or permit that would authorize the use of a primate in an entertainment act.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7624
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the agriculture and markets law and the environmental
conservation law, in relation to prohibiting the use of primates in
entertainment acts
PURPOSE:
This bill enacts the "Primate Protection Act" which prohibits the use of
many primates in any type of entertainment act.
SUMMARY OF PROVISIONS:
Section one: Provides that this act shall be known as the "Primate
Protection Act."
Section two: Describes legislative findings.
Section three: Amends the agriculture and markets law by adding a new
section 380-a, which provides that a person shall not conduct or operate
a display of primates in any type of entertainment act in the state.
This section also Provides that an entertainment act that fails to
comply with this section may be subject to a civil penalty. Exemptions
from the provisions of this section are set forth. This section also
provides definitions for "primate," "entertainment act," and "person."
Section four: Amends the environmental conservation law by adding a new
section 11-0540-a to provide that no license or permit shall be issued
for the purposes of using a primate in an entertainment act.
Section five: Provides the effective date.
JUSTIFICATION:
Primates such as monkeys, apes, chimpanzees, and orangutans are highly
intelligent, social animals with complex emotional and cognitive needs.
Primates used in entertainment acts are often subjected to harsh train-
ing methods, confinement, and unnatural living conditions. These prac-
tices can cause severe physical and psychological harm to the animals.
Subjecting them to stressful and unnatural environments for the sake of
entertainment purposes is contrary to growing public opinion that humans
ought to promote animals' well-being.
Shifts in societal attitudes concerning captive primates are evidenced
by the now almost totally obsolete use of animals in events such as
circuses. Despite such progress, primates are still utilized in various
other entertainment acts, such the "Banana Derby," where monkeys are
trained to ride on the backs of dogs. Monkeys are typically dressed in
costumes, chained to their canine counterpart, and guided by trainers as
they ride the dogs around a track or perform various tricks and stunts,
usually organized as part of fairs, festivals, or other public gath-
erings.
The purpose of the Primate Protection Act is to safeguard all primates
from the physical and psychological harm inflicted upon them by living
conditions, treatment, and cruel methods that are necessary to train
them to perform in entertainment acts.
LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect two years after it has become a law.
Provided, however that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of the provisions of this act on its effective date are authorized and
directed to be completed on or before such date.
STATE OF NEW YORK
________________________________________________________________________
7624
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law and the environmental
conservation law, in relation to prohibiting the use of primates in
entertainment acts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "primate protection act".
3 § 2. Legislative findings. The legislature hereby finds that:
4 a. primate abuse is a matter of worldwide concern, and the state as a
5 recognized environmental leader should help assure the protection and
6 welfare of primates;
7 b. it is widely recognized that primates used for entertainment
8 purposes ("entertainment primates") suffer physical and psychological
9 harm due to the living conditions and treatment to which they are
10 subjected, resulting in increased mortality with life spans only one-
11 half as long as wild primates;
12 c. entertainment primates live in conditions that are in no way simi-
13 lar to their natural habitat, including an unnatural diet, restricted
14 movement, inappropriate housing and a hostile climate;
15 d. entertainment primates are subjected to confinement and social
16 isolation, leading to physiological, behavioral and psychological
17 impairments;
18 e. entertainment primates transported into the state spend a signif-
19 icant portion of their lives inside trucks, trains or trailers, enduring
20 additional physical restrictions and social isolation;
21 f. the use of primates in entertainment provides a false and inaccu-
22 rate educational experience for children and adults, often including
23 performance tricks that are never executed by primates in the wild and
24 that are stressful or harmful to the animal; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11371-01-3
A. 7624 2
1 g. it is in the best interest of the state that the use of primates in
2 entertainment be prohibited, and that the state use its authority to aid
3 in the protection and welfare of these animals.
4 § 3. The agriculture and markets law is amended by adding a new
5 section 380-a to read as follows:
6 § 380-a. Use of primates in entertainment acts. 1. No person shall use
7 or cause to be used primates in any type of entertainment act.
8 2. Any person that violates the provisions of this section, or any
9 rule or regulation promulgated pursuant thereto, may be assessed, by the
10 commissioner, a civil penalty not to exceed one thousand dollars for
11 each such violation.
12 3. The provisions of this section shall not apply to:
13 (a) institutions accredited by the Association of Zoos and Aquariums;
14 and
15 (b) wildlife sanctuaries as defined in subdivision thirty-two of
16 section 11-0103 of the environmental conservation law.
17 4. As used in this section:
18 (a) "Primate" means any of the following: a gibbon or siamang (Hyloba-
19 tidae, Hylobates sp.), orangutan (Hominidae Pongindae, Pongo sp.), chim-
20 panzee (Hominidae, Homininae Pan. sp.), gorilla (Hominidae, Homini-
21 nae, Gorilla sp.), macaque (Cercopithecidea, Cercopithecinae,
22 Macaca sp.), baboon (Cercopithecidae, Cercopithecinae, Papio sp.,
23 Theropithecus sp., Mandrillus sp.), langur (Cercopithecidae, Colobi-
24 nac, Presbytis sp., Trachypithecus sp.), colobus monkey (Cercopitheci-
25 dae, Colobinae, Colobus sp.), guenon (Cercopithecidae, Cercopitheci-
26 nae, Cercopithecus sp.), new world monkeys (Callitrichidae, Cebidae,
27 Aotidae, Pitheciidae, and Atelidae), and old world monkeys, taxonomical-
28 ly known as Cercopithecoidea.
29 (b) "Entertainment act" means any exhibition, act, circus, trade show,
30 carnival, ride, parade, race, performance or similar undertaking which
31 is primarily undertaken for the entertainment or amusement of a live
32 audience.
33 (c) "Person" means an individual, partnership, limited liability
34 company, corporation, joint venture, association, trust, estate or any
35 other legal entity, and any officer, member, shareholder, director,
36 employee, agent or representative of any such entity.
37 § 4. The environmental conservation law is amended by adding a new
38 section 11-0540-a to read as follows:
39 § 11-0540-a. Prohibition on permits authorizing the use of primates in
40 entertainment acts.
41 The department shall not issue any license or permit that would
42 authorize the use of a primate in an entertainment act pursuant to
43 section three hundred eighty-a of the agriculture and markets law.
44 § 5. This act shall take effect two years after it shall have become a
45 law. Effective immediately, the addition, amendment and/or repeal of any
46 rule or regulation necessary for the implementation of this act on its
47 effective date are authorized to be made and completed on or before such
48 effective date.
