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.
STATE OF NEW YORK
________________________________________________________________________
4363--A
2023-2024 Regular Sessions
IN SENATE
February 7, 2023
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
-- recommitted to the Committee on Environmental Conservation in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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, provided that
12 the covered animal is not transported to the location for a period of
13 less than fourteen days for the sole purpose of a performance.
14 4. For the purposes of this section, the following terms shall have
15 the following meanings:
16 (a) "Covered animal" shall mean any of the following animals, includ-
17 ing hybrids thereof:
18 (i) Felidae, but excluding domestic cats;
19 (ii) Kangaroo;
20 (iii) Non-human primate;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06973-03-3
S. 4363--A 2
1 (iv) Ursidae; and
2 (v) Wallaby.
3 (b) "Mobile or traveling housing facility" shall mean a transporting
4 vehicle such as a truck, trailer, or railway car, used to transport or
5 house animals while traveling for exhibition or other performance.
6 (c) "Performance" shall mean any exhibition or public showing, presen-
7 tation, display, exposition, fair, animal act, circus, ride, trade show,
8 petting zoo, carnival, parade, race, or similar undertaking in which
9 covered animals are required to perform tricks, give rides, or partic-
10 ipate as accompaniments for the entertainment, amusement, or benefit of
11 a live audience.
12 (d) "Traveling animal act" shall mean any performance of covered
13 animals where such animals are transported to, from, or between
14 locations for the purpose of such performance, in a mobile or traveling
15 housing facility.
16 5. A violation of this section shall be punishable by a civil penalty
17 of not more than one thousand dollars.
18 § 2. This act shall take effect December 31, 2024.
