Senate Bill S662

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    662
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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 certain 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 CERTAIN 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)  "ANIMAL  WELFARE ACT" MEANS THE ANIMAL WELFARE ACT, 7 U.S.C. 2131
 ET SEQ.,  AND  ITS  SUBSEQUENT  AMENDMENTS,  REGULATIONS  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 ADJUDICATED BY AN
 ADMINISTRATIVE LAW JUDGE OF THE UNITED STATES DEPARTMENT OF  AGRICULTURE
 TO HAVE VIOLATED ITS REGULATIONS UNDER THE ANIMAL WELFARE ACT PERTAINING
 TO  THE  CARE  OR  HANDLING  OF AN ANIMAL, 9 CFR SECTION 2.40 OR SECTION
 2.131, OR ENTERED INTO  A  STIPULATION,  CONSENT  DECREE,  OR  VOLUNTARY
 SETTLEMENT  WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE PURSUANT TO
 THE ANIMAL WELFARE ACT, IN WHICH IT ADMITTED TO SUCH A VIOLATION OR  (B)
 A  CIRCUS,  INCLUDING ITS OWNERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES,
 WAS FOUND GUILTY OF VIOLATING THE LAW OF ANY STATE RELATING  TO  CRUELTY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04553-01-9

 S. 662                              2
 
 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 PROCEEDING TO ISSUE AN INJUNC-
 TION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIFTEEN 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.