A02097 Summary:

SPONSORRosenthal L
COSPNSREnglebright, Cook, Zebrowski
MLTSPNSRGottfried, Perry
Add 392-k, Gen Bus L
Relates to prohibitions on circus performances; prohibits circuses from conducting shows or other performances in the state for two years 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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A02097 Actions:

01/14/2021referred to economic development
01/05/2022referred to economic development
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A02097 Committee Votes:

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A02097 Floor Votes:

There are no votes for this bill in this legislative session.
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A02097 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the general business law, in relation to the prohibi- tions on circus performances   PURPOSE: This bill ensures 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-k. 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 enter- tainment. If the circus is not complying with the Animal Welfare Act, USDA will deem it in violation or non-compliant and possibly 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.   LEGISLATIVE HISTORY: 2019-20: A.830 -Referred to Economic Development 2017-18: A.3517 - Referred to Economic Development 2015-16: A.637-A - Referred to Economic Development; S.1246 - Committed to Rules 2013-14: A.6368-A - Referred to Economic Development; S.7336 - Referred to Consumer Protection   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This bill shall take effect on the thirtieth day after it shall have become a law.
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A02097 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2021
        Introduced  by  M.  of  A. L. ROSENTHAL, ENGLEBRIGHT, COOK, ZEBROWSKI --
          Multi-Sponsored by -- M. of A.  GOTTFRIED,  PERRY  --  read  once  and
          referred to the Committee on Economic Development
        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-k to read as follows:
     3    § 392-k. 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
    21  welfare act, 7 U.S.C. 2131 et seq., and its subsequent amendments, regu-
    22  lations and standards adopted pursuant to the act, relating to the  care
    23  or handling of an animal, or (b) a circus, including its owners, agents,
    24  employees,  or representatives, was found guilty of violating the law of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2097                             2
     1  any state relating to cruelty to or neglect of an animal  owned,  leased
     2  or  in any way used by the circus, or pled guilty to a charge other than
     3  the animal cruelty or neglect  charge  in  satisfaction  of  the  animal
     4  cruelty or neglect charge, or where the animal cruelty or neglect charge
     5  has  not  resulted in a dismissal on the merits, an application shall be
     6  made by the attorney general in the name of the people of the  state  of
     7  New York to a court or justice having jurisdiction by a special proceed-
     8  ing to issue an injunction, and upon notice to the defendant of not less
     9  than  five days, to enjoin and restrain the defendant from using animals
    10  in a circus within the state for a period not to exceed  two  years.  In
    11  connection  with  any such proposed application, the attorney general is
    12  authorized to take proof and make a determination of the relevant  facts
    13  and  to  issue  subpoenas  in accordance with the civil practice law and
    14  rules.
    15    3. Nothing in this section shall be construed to limit or restrict any
    16  protections afforded to animals under any  other  law,  rule,  or  regu-
    17  lations.
    18    §  2.  This  act shall take effect on the thirtieth day after it shall
    19  have become a law.
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