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S03629 Summary:

BILL NOS03629A
 
SAME ASSAME AS A05850
 
SPONSORFERNANDEZ
 
COSPNSRGIANARIS, KAVANAGH, MARTINEZ, WEBB
 
MLTSPNSR
 
Add §11-0541, En Con L
 
Prohibits the participation of certain animals in traveling animal acts; prohibits the department of environmental conservation from issuing permits or licenses allowing participation of certain animals in traveling animal acts; excludes certain permanent performing institutions; imposes a civil penalty not to exceed $1000 for a violation.
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S03629 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3629--A
            Cal. No. 397
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 29, 2025
                                       ___________
 
        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          --  reported  favorably  from said committee, ordered to first report,
          amended on first report,  ordered  to  a  second  report  and  ordered
          reprinted, retaining its place in the order of second report
 
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          prohibiting the participation of certain animals in  traveling  animal
          acts
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 11-0541 to read as follows:
     3  § 11-0541. Traveling animal acts.
     4    1.  Notwithstanding  any other provision of law, no person shall allow
     5  for the participation of a covered animal in a traveling animal act.
     6    2. The department shall not issue a permit or license, including,  but
     7  not  limited  to,  an education or exhibition permit or an endangered or
     8  threatened species license that would allow for the participation  of  a
     9  covered animal in a traveling animal act.
    10    3. This section shall not apply to a performance that takes place at a
    11  non-mobile, permanent institution or other fixed facility.
    12    4.  For  the  purposes of this section, the following terms shall have
    13  the following meanings:
    14    (a) "Covered animal" shall mean any of the following animals,  includ-
    15  ing hybrids thereof:
    16    (i) Felidae, but excluding domestic cats;
    17    (ii) Kangaroo;
    18    (iii) Non-human primate;
    19    (iv) Ursidae; and
    20    (v) Wallaby.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03846-03-5

        S. 3629--A                          2
 
     1    (b)  "Mobile  or traveling housing facility" shall mean a transporting
     2  vehicle such as a truck, trailer, or railway car, used to  transport  or
     3  house animals while traveling for exhibition or other performance.
     4    (c) "Performance" shall mean any exhibition or public showing, presen-
     5  tation, display, exposition, fair, animal act, circus, ride, trade show,
     6  petting  zoo,  carnival,  parade,  race, or similar undertaking in which
     7  covered animals are required to perform tricks, give rides,  or  partic-
     8  ipate  as accompaniments for the entertainment, amusement, or benefit of
     9  a live audience.
    10    (d) "Traveling animal act"  shall  mean  any  performance  of  covered
    11  animals  where  such  animals  are  transported  to,  from,  or  between
    12  locations for the purpose of such performance, in a mobile or  traveling
    13  housing facility.
    14    5.  A violation of this section shall be punishable by a civil penalty
    15  of not more than one thousand dollars.
    16    § 2. This act shall take effect December 31, 2026.
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