senate Bill S5971

Restricts the use of exotic and wild animals in traveling circuses and shows

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 28 / Oct / 2013
    • REFERRED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO AGRICULTURE

Summary

Restricts the use of exotic and wild animals in traveling circuses and shows; prohibits the use of any wild or exotic animal that was traveling in a mobile housing facility thirty days before the circus or show; establishes civil penalties for violations.

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Bill Details

See Assembly Version of this Bill:
A5407
Versions:
S5971
Legislative Cycle:
2013-2014
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง352, Ag & Mkts L

Sponsor Memo

BILL NUMBER:S5971

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to restricting the use of exotic and wild animals in
traveling circuses and shows

PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the use of exotic and non-domesticated animals in
traveling circuses and exhibitions

SUMMARY OF SPECIFIC PROVISIONS:

Section one provides that this act shall be known as the "traveling
exotic and wild animal protection act."

Section two provides the legislative findings.

Paragraph one of section three amends the agriculture and markets law
by adding a new section 352 to prohibit traveling circuses and shows
from displaying exotic or wild animals, including non-humane primates.
Paragraph two provides that the restriction shall not apply to exotic
or wild animals in an exhibition at a non-mobile, permanent
institution or facility, including an accredited zoo or aquarium; as
part of an out outreach program for education or conservation
purposes, by a university, college, laboratory, or other registered
research facilities; in film, television, or advertising if such use
does not involve a live public exhibition; or in a rodeo. Paragraph
three provides the penalties for violators of the act. Paragraph four
lists exemptions of the act. Paragraph five lists definitions.

Section four provides the effective date.

JUSTIFICATION:

Traveling circuses and shows have acute negative effects on the
psychological and physical health of the performing animals. The
methods of transporting, training, and maintaining these animals are
often cruel and inhumane. They are corralled and forced to perform
unnatural tasks for the sake of entertainment, while being restricted
from exhibiting natural behaviors. Due to their natural wild instincts
and the immense amount of stress placed upon the long-range animals
especially, rebellious actions often occur, which lead to an increased
risk of public safety. Traveling circuses and exhibitions bring the
public dangerously close to unpredictable animals, and the temporary,
collapsible facilities provide inadequate protection. The mobile
nature of these shows makes it difficult for law enforcement to
supervise animal treatment. There are many alternative animal-free
circuses and shows that provide enjoyable human performance focused
entertainment for the public.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATION:


None to the state.

LOCAL FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect one year after it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5971

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            October 28, 2013
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to  amend  the  agriculture  and  markets  law,  in  relation  to
  restricting  the  use of exotic and wild animals in traveling circuses
  and shows

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. This act shall be known and may be cited as the "traveling
exotic and wild animal protection act".
  S 2. Legislative findings. The legislature finds that:
  1. traveling circuses and shows are detrimental to animal welfare  due
to the adverse effects of captivity and transport;
  2.  severe  confinement, lack of free exercise, and the restriction of
natural behaviors, cause animals used in traveling circuses and shows to
suffer and be prone to health, behavioral, and psychological problems;
  3. tricks that exotic  and  non-domesticated  animals  are  forced  to
perform  require  extreme  physical  coercion  techniques, including the
restriction of food, the use of elephant hooks (objects used to  control
and  punish  elephants),  electric  shocks, metal bars, whips, and other
forms of physical abuse;
  4. welfare of animals subject to the conditions in traveling  circuses
and  shows, such as constant travel, limited facilities, long periods of
restricted movement, stress, and physical coercion, will  inevitably  be
compromised, which can lead to increased risks to public safety;
  5.  animals in traveling circuses and shows pose an additional risk to
public safety because such animals have wild  instincts  and  needs  and
have demonstrated unpredictability;
  6.  use of collapsible, temporary facilities in traveling circuses and
shows increases the risk of escaping exotic and non-domesticated animals
seriously harming workers and the public;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08412-02-3

S. 5971                             2

  7. traveling circuses and shows  bring  people  dangerously  close  to
exotic and non-domesticated animals by displaying animals in inappropri-
ate,  uncontrolled  areas that are not suited for the exhibition of such
animals;
  8.  it  is not possible to provide exotic and non-domesticated animals
with facilities sufficient to maintain the optimum physical  and  mental
health  of the animals because of the suffering caused to the animals by
the nature of traveling circuses and  shows,  in  which  restriction  of
movement,  separation  from  natural  groupings, restriction of food and
water, and physical abuse are prevalent;
  9. due to the mobile and transitory nature of traveling  circuses  and
shows,  law  enforcement  authorities cannot properly monitor the condi-
tions of the animals or follow up on previous infractions  by  traveling
circuses;
  10.  restricting  the  use  of  exotic and non-domesticated animals in
traveling circuses and shows is the most  cost-effective  and  efficient
way to safeguard both animal welfare and public safety; and
  11.  animal-free circuses like Cirque du Soleil are growing in number,
economic impact, and popularity, a testament  to  an  educated  public's
desire to see humane entertainment.
  S  3.  The  agriculture  and  markets  law  is amended by adding a new
section 352 to read as follows:
  S 352. USE OF EXOTIC OR WILD ANIMALS IN TRAVELING CIRCUSES AND EXHIBI-
TIONS.  1. NO TRAVELING CIRCUS OR SHOW MAY ALLOW FOR  THE  PARTICIPATION
OF AN EXOTIC OR WILD ANIMAL, INCLUDING A NON-HUMAN PRIMATE, IN AN ANIMAL
ACT  IF, DURING THE THIRTY DAY PERIOD PRECEDING SUCH PARTICIPATION, SUCH
ANIMAL WAS TRAVELING IN A MOBILE HOUSING FACILITY.
  2. THE RESTRICTION UNDER SUBDIVISION ONE OF  THIS  SECTION  SHALL  NOT
APPLY  TO  THE  USE  OF  AN EXOTIC OR WILD ANIMAL, INCLUDING A NON-HUMAN
PRIMATE:
  (A) IN AN EXHIBITION AT A NON-MOBILE, PERMANENT INSTITUTION OR FACILI-
TY, INCLUDING AN ACCREDITED ZOO OR AQUARIUM;
  (B) AS PART OF AN  OUTREACH  PROGRAM  FOR  EDUCATION  OR  CONSERVATION
PURPOSES  BY AN ACCREDITED ZOO, AQUARIUM, OR NOT-FOR-PROFIT CONSERVATION
ORGANIZATION IF THE ANIMAL USED FOR SUCH  PURPOSES  IS  NOT  KEPT  IN  A
MOBILE HOUSING FACILITY FOR MORE THAN TWELVE HOURS A DAY;
  (C)  BY  A UNIVERSITY, COLLEGE, LABORATORY, OR OTHER RESEARCH FACILITY
REGISTERED WITH THE SECRETARY OF THE DEPARTMENT OF AGRICULTURE  PURSUANT
TO THE ANIMAL WELFARE ACT (7 U.S.C. SECTION 2136);
  (D) IN FILM, TELEVISION, OR ADVERTISING IF SUCH USE DOES NOT INVOLVE A
LIVE PUBLIC EXHIBITION; OR
  (E) IN A RODEO.
  3.  A  TRAVELING CIRCUS OR SHOW THAT FAILS TO COMPLY WITH THIS SECTION
OR ANY RULE, REGULATION, OR STANDARD  PROMULGATED  BY  THE  COMMISSIONER
THEREUNDER,  MAY  BE ASSESSED A CIVIL PENALTY BY THE COMMISSIONER OF NOT
MORE THAN TEN THOUSAND DOLLARS FOR EACH SUCH VIOLATION, AND THE  COMMIS-
SIONER  MAY  ALSO  MAKE AN ORDER THAT SUCH PERSON SHALL CEASE AND DESIST
FROM CONTINUING SUCH VIOLATION.   EACH VIOLATION  AND  EACH  DAY  DURING
WHICH  A VIOLATION CONTINUES SHALL BE A SEPARATE OFFENSE. ANY PERSON WHO
KNOWINGLY FAILS TO OBEY A CEASE AND DESIST ORDER MADE BY THE COMMISSION-
ER UNDER THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF  ONE  THOU-
SAND  FIVE  HUNDRED  DOLLARS FOR EACH OFFENSE, AND EACH DAY DURING WHICH
SUCH FAILURE CONTINUES SHALL BE DEEMED A SEPARATE OFFENSE.
  4. THE FOLLOWING ARE EXEMPT FROM THE PROVISIONS OF THIS SECTION:
  (A) INSTITUTIONS ACCREDITED BY THE AMERICAN ZOO AND  AQUARIUM  ASSOCI-
ATION,

S. 5971                             3

  (B) ANY WILDLIFE SANCTUARY AS DEFINED IN THIS SECTION.
  (C)  NOT-FOR-PROFIT  ENVIRONMENTAL EDUCATION PROGRAMS AS DEFINED UNDER
THIS SECTION.
  5. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (A) "TRAVELING CIRCUS" MEANS A CLASS C LICENSEE THAT IS LICENSED UNDER
THE  ANIMAL  WELFARE  ACT (7 U.S.C. SECTION 2131 ET SEQ.) AND ITS SUBSE-
QUENT AMENDMENTS, REGULATIONS, AND STANDARDS  ADOPTED  PURSUANT  TO  THE
ANIMAL  WELFARE  ACT,  THAT OFFERS PERFORMANCES BY LIVE ANIMALS, CLOWNS,
AND/OR ACROBATS THAT TRAVEL IN MOBILE HOUSING FACILITIES.
  (B) "SHOW" MEANS ANY MOBILE OR STATIONARY ACT,  CIRCUS,  PUBLIC  SHOW,
TRADE  SHOW,  PHOTOGRAPHIC  OPPORTUNITY,  CARNIVAL, CITY OR COUNTY FAIR,
AGRICULTURAL FAIR, RIDE, PARADE, RACE, PERFORMANCE, OR SIMILAR UNDERTAK-
ING INCORPORATING WILD OR EXOTIC ANIMALS WHEREIN THE ANIMALS  ARE  TAKEN
FROM THEIR PERMANENT RESIDENCE AND REQUIRED TO TRAVEL FOR ANY DISTANCE.
  (C)  "PERSON"  MEANS  AN  INDIVIDUAL,  PARTNERSHIP, CORPORATION, JOINT
VENTURE, ASSOCIATION, TRUST, ESTATE, OR ANY OTHER LEGAL ENTITY, AND  ANY
OFFICER,  MEMBER,  SHAREHOLDER,  DIRECTOR, EMPLOYEE, AGENT, OR REPRESEN-
TATIVE OF THESE.
  (D) "EXOTIC OR WILD ANIMALS" MEANS ANY OR ALL OF THE FOLLOWING OR  THE
FOLLOWING ORDERS AND FAMILIES, WHETHER BORN IN THE WILD OR IN CAPTIVITY,
AND ALSO ANY OR ALL OF THEIR HYBRIDS WITH DOMESTIC SPECIES.  THE ANIMALS
LISTED ARE INTENDED TO ACT AS EXAMPLES AND ARE NOT TO BE CONSTRUED AS AN
EXHAUSTIVE LIST OR LIMIT THE GENERALITY OF EACH GROUP OF ANIMALS, UNLESS
OTHERWISE SPECIFIED:
  (I)  NON-HUMAN  PRIMATES  AND PROSIMIANS, SUCH AS CHIMPANZEES, BABOONS
AND MONKEYS;
  (II) FELIDAE, SUCH AS LIONS, TIGERS, COUGARS,  LEOPARDS,  OCELOTS  AND
SERVALS, BUT SHALL NOT INCLUDE DOMESTICATED ANIMALS;
  (III)  CANIDAE,  SUCH  AS  WOLVES  AND  COYOTES, BUT SHALL NOT INCLUDE
DOMESTIC DOGS;
  (IV) URSIDAE, SUCH AS BEARS;
  (V) MARSUPIALIA, SUCH AS KANGAROOS;
  (VI) PROBOSCIDAE, SUCH AS ELEPHANTS;
  (VII) ARTIODACTYLA, SUCH AS GIRAFFES AND CAMELS, BUT SHALL NOT INCLUDE
DOMESTIC CATTLE, SWINE, SHEEP, OR GOATS;
  (VIII) PERISSODACTYLA, SUCH AS ZEBRAS, BUT SHALL NOT INCLUDE  DOMESTIC
HORSES, DONKEYS, OR MULES.
  (E)  "WILDLIFE  SANCTUARY" MEANS A 501(C)(3) ORGANIZATION DESCRIBED IN
SECTION 170(B)(1)(A)(VI) OF THE INTERNAL  REVENUE  CODE  1986,  AND  ITS
SUBSEQUENT AMENDMENTS WHERE:
  (I)  NO COMMERCIAL TRADE IN ANIMALS OCCURS, INCLUDING, BUT NOT LIMITED
TO, SALE OF ANIMALS, ANIMAL PARTS, BY-PRODUCTS, OFFSPRING,  PHOTOGRAPHIC
OPPORTUNITIES OR PUBLIC EVENTS FOR FINANCIAL PROFIT, OR ANY OTHER ENTER-
TAINMENT PURPOSES;
  (II) NO PROPAGATION OF ANIMALS OCCURS IN THE FACILITY; AND
  (III)  NO  ESCORTED  PUBLIC  VISITATION  IS ALLOWED; NO DIRECT CONTACT
BETWEEN THE PUBLIC AND WILD ANIMALS IS ALLOWED; ANIMALS  ARE  NOT  TAKEN
FROM THE SANCTUARY OR ENCLOSURES FOR EXHIBITION.
  (F) "DOMESTICATED ANIMAL" MEANS ANY DOMESTICATED SHEEP, HORSE, CATTLE,
FALLOW  DEER,  RED DEER, SIKA DEER, WHITETAIL DEER WHICH IS RAISED UNDER
LICENSE FROM THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, LLAMA,  GOAT,
SWINE,  FOWL,  DUCK,  GOOSE,  SWAN,  TURKEY,  CONFINED  DOMESTIC HARE OR
RABBIT, PHEASANT OR OTHER BIRD WHICH  IS  RAISED  IN  CONFINEMENT  UNDER
LICENSE FROM THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION BEFORE RELEASE
FROM CAPTIVITY, EXCEPT THAT THE VARIETIES OF FOWL COMMONLY USED FOR COCK

S. 5971                             4

FIGHTS SHALL NOT BE CONSIDERED DOMESTIC ANIMALS FOR THE PURPOSES OF THIS
SECTION.
  (G)  "ENVIRONMENTAL  EDUCATION PROGRAM" MEANS ANIMAL USE OR EXHIBITION
THAT IS DEVOTED TO IMPARTING KNOWLEDGE OR INFORMATION ABOUT  THE  EXHIB-
ITED ANIMAL'S BEHAVIOR, HABITAT, LIFE CYCLE, MIGRATORY PATTERNS, FEEDING
HABITS  OR  SIMILAR PEDAGOGICAL INFORMATION AND IS CONDUCTED BY AN INDI-
VIDUAL OR INDIVIDUALS WHO IS/ARE ACCREDITED OR  SIMILARLY  QUALIFIED  TO
IMPART  SUCH  INFORMATION.  AT  NO TIME DURING AN EDUCATIONAL EXHIBITION
WILL ANY ANIMAL BE MADE TO PERFORM ANY  BEHAVIOR  THAT  IS  NOT  INTRIN-
SICALLY NATURAL TO THE ANIMAL.
  S  4. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act  on  its
effective date is authorized to be made on or before such date.

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