S T A T E O F N E W Y O R K
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1405
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
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Introduced by M. of A. PAULIN, AUBRY, ENGLEBRIGHT -- Multi-Sponsored by
-- M. of A. BUCHWALD, COOK, HIKIND -- read once and referred to the
Committee on Agriculture
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.
LBD04864-01-5
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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,
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(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
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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.