Senate Bill S1246

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

                                  1246

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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:

  Section 1. The general business law is amended by adding a new section
392-k to read as follows:
  S 392-K. PROHIBITIONS ON CIRCUS PERFORMANCES.  1. DEFINITIONS. AS USED
IN THIS SECTION:
  (A) "ANIMAL" INCLUDES ANIMALS AS DEFINED IN SUBDIVISION ONE OF SECTION
THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
  (B) "CIRCUS" MEANS ANY PERFORMANCE OF ANIMALS WHERE SUCH  ANIMALS  ARE
TRAINED  TO  PERFORM  SOME  BEHAVIOR  OR  ACTION  OR ARE PART OF A SHOW,
PARADE, OR PERFORMANCE.   SUCH DEFINITION SHALL  NOT  BE  APPLICABLE  TO
NOT-FOR-PROFIT CORPORATIONS WHICH HAVE RECEIVED 501 (C)(3) EXEMPT STATUS
FROM THE INTERNAL REVENUE SERVICE.
  (C)  "DEFICIENCY"  MEANS  AN  ITEM  NOT  IN COMPLIANCE WITH THE ANIMAL
WELFARE ACT, 7 U.S.C. 2131 ET SEQ., AND ITS SUBSEQUENT AMENDMENTS, REGU-
LATIONS AND STANDARDS ADOPTED PURSUANT TO THE ACT.
  2. IF WITHIN THE PRECEDING TWO YEAR PERIOD, (A)  A  CIRCUS,  INCLUDING
ITS  OWNERS,  AGENTS,  EMPLOYEES,  OR  REPRESENTATIVES, WAS CITED BY THE
UNITED STATES DEPARTMENT OF AGRICULTURE FOR A DEFICIENCY RELATING TO THE
CARE OR HANDLING OF AN ANIMAL, OR RECEIVED AN OFFICIAL NOTICE  OF  WARN-
ING,  OR  ENTERED INTO A STIPULATION, CONSENT DECREE, OR SETTLEMENT WITH
THE UNITED STATES DEPARTMENT  OF  AGRICULTURE  PURSUANT  TO  THE  ANIMAL
WELFARE ACT, 7 U.S.C. 2131 ET SEQ., AND ITS SUBSEQUENT AMENDMENTS, REGU-
LATIONS  AND STANDARDS ADOPTED PURSUANT TO THE ACT, RELATING TO THE CARE
OR HANDLING OF AN ANIMAL, OR (B) A CIRCUS, INCLUDING ITS OWNERS, AGENTS,
EMPLOYEES, OR REPRESENTATIVES, WAS FOUND GUILTY OF VIOLATING THE LAW  OF
ANY  STATE  RELATING TO CRUELTY TO OR NEGLECT OF AN ANIMAL OWNED, LEASED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02528-02-5
              

S. 1246                             2

OR IN ANY WAY USED BY THE CIRCUS, OR PLED GUILTY TO A CHARGE OTHER  THAN
THE  ANIMAL  CRUELTY  OR  NEGLECT  CHARGE  IN SATISFACTION OF THE ANIMAL
CRUELTY OR NEGLECT CHARGE, OR WHERE THE ANIMAL CRUELTY OR NEGLECT CHARGE
HAS  NOT  RESULTED IN A DISMISSAL ON THE MERITS, AN APPLICATION SHALL BE
MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE  STATE  OF
NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEED-
ING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS
THAN  FIVE DAYS, TO ENJOIN AND RESTRAIN THE DEFENDANT FROM USING ANIMALS
IN A CIRCUS WITHIN THE STATE FOR A PERIOD NOT TO EXCEED  TWO  YEARS.  IN
CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS
AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT  FACTS
AND  TO  ISSUE  SUBPOENAS  IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
RULES.
  3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY
PROTECTIONS AFFORDED TO ANIMALS UNDER ANY  OTHER  LAW,  RULE,  OR  REGU-
LATIONS.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.