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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2097
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.
STATE OF NEW YORK
________________________________________________________________________
2097
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.
LBD00744-01-1
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.
