S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    276
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed 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".
   § 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.
                                                            LBD05568-01-7

 S. 276                              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.
   §  3.  The  agriculture  and  markets  law  is amended by adding a new
 section 352 to read as follows:
   § 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. 276                              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. 276                              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.
   §  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.