Senate Bill S4840B

                                
 
BILL NUMBER: S4840

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the issuance of permits authorizing the use of wild animals
in circuses

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the use of wild animals in circuses.

 
SUMMARY OF PROVISIONS:

Section 1 amends the environmental conservation law by adding a new
section 11-0541 which prohibits the issuance of permits by the Depart-
ment of Environmental Conservation authorizing the exhibition of wild
animals in circuses. This prohibition does not apply to zoos or wildlife
sanctuaries.

              

Section 2 sets the effective date.

 
JUSTIFICATION:

Circus animals that are removed from sprawling jungles are often housed
in small crates and cages without the benefit of any accommodations
resembling their natural habitats. Evidence has surfaced showing circus
elephant trainers using tools such as bullhooks, blowtorches, metal
bars, and whips to train elephants to perform stunts for circus shows.
Stories of animal cruelty in circuses are numerous, including denial of
proper food and water as well as failure to provide proper temperatures
and climates for animals.(1)

While certain federal laws promise humane treatment of circus animals,
these laws have traditionally gone unenforced, and have been difficult
to sanction in court due to issues of legal standing. In 2000, in an
attempt to enforce federal protections for circus animals, the American
Society for Prevention of Cruelty to Animals brought suit against
Ringling Brothers' Circus. Nine years after filing the complaint, howev-
er, the court dismissed the claim without ever discussing the issue of
animal cruelty.(2)

New York must respond to these animal abuses in a more proactive way
than the difficult-to-enforce federal regulations which have failed,to
effect true change. This bill would prohibit the New York Department of
Environmental Conservation from issuing permits or licenses to entities
seeking to place wild animals on display in any setting other than a
zoo, aquarium, or wildlife sanctuary. By disallowing permit issuance to
these entities, this bill would prevent animal abuses before they occur
rather than simply providing redress after abuse has taken place.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S7718A/A8157-A - Died in Senate Environmental Conservation
Committee, Passed Assembly
2019-20: S5408/A3673 - Passed Senate

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
This act shall take effect December 31, 2022.
(1)Jacqueline Neumann, Redefining the Modem Circus: A Comparative Look
at the Regulations Governing Circus Animal Treatment and America's
Neglect of Circus Animal Welfare, 36 WHITTIER L. REV. 167, 172-74
(2014).
(2)See Emily A. Beverage, Abuse under the Big Top: Seeking Legal
Protection for Circus Elephants after ASPCA v. Ringling Brothers, 13
VAND. J. ENT. & TECH. L. 155 (2010).

                                
 
BILL NUMBER: S4840A

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the issuance of permits authorizing the use of wild animals
in circuses or traveling animal acts

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the use of wild animals in circuses.

 
SUMMARY OF PROVISIONS:

Section 1 amends the environmental conservation law by adding a new
section 11-0541 which prohibits the issuance of permits by the Depart-
ment of Environmental Conservation authorizing the exhibition of wild
animals in circuses. This prohibition does not apply to zoos or wildlife
sanctuaries.

              

Section 2 sets the effective date.

 
JUSTIFICATION:

Circus animals that are removed from sprawling jungles are often housed
in small crates and cages without the benefit of any accommodations
resembling their natural habitats. Evidence has surfaced showing circus
elephant trainers using tools such as bullhooks, blowtorches, metal
bars, and whips to train elephants to perform stunts for circus shows.
Stories of animal cruelty in circuses are numerous, including denial of
proper food and water as well as failure to provide proper temperatures
and climates for animals.(1)

While certain federal laws promise humane treatment of circus animals,
these laws have traditionally gone unenforced, and have been difficult
to sanction in court due to issues of legal standing. In 2000, in an
attempt to enforce federal protections for circus animals, the American
Society for Prevention of Cruelty to Animals brought suit against
Ringling Brothers' Circus. Nine years after filing the complaint, howev-
er, the court dismissed the claim without ever discussing the issue of
animal cruelty.(2)

New York must respond to these animal abuses in a more proactive way
than the difficult-to-enforce federal regulations which have failed to
effect true change. This bill would prohibit the New York Department of
Environmental Conservation from issuing permits or licenses to entities
seeking to place wild animals on display in any setting other than a
zoo, aquarium, or wildlife sanctuary. By disallowing permit issuance to
these entities, this bill would prevent animal abuses before they occur
rather than simply providing redress after abuse has taken place.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S7718A/A8157-A - Died in Senate Environmental Conservation
Committee, Passed Assembly 2019-20: S5408/A3673 - Passed Senate


 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
This act shall take effect December 31, 2022.
1 Jacqueline Neumann, Redefining the Modern Circus: A Comparative Look
at the Regulations Governing Circus Animal Treatment and America's
Neglect of Circus Animal Welfare, 36 WHITTIER L. REV. 167, 172-74
(2014).
2 See Emily A. Beverage, Abuse under the Big Top: Seeking Legal
Protection for Circus Elephants after ASPCA v. Ringling Brothers, 13
VAND. J. ENT. & TECH. L. 155 (2010).