Senate Bill S5426A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5426--A
     Cal. No. 591
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading

 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:
   § 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) OR 501 (C)(5)
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05351-02-7

 S. 5426--A                          2
 
 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
 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.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.