NY State Senate Bill S4363

Current Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
In Committee
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- Passed Senate
- Passed Assembly
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 07, 2023	referred to environmental conservation

S4363 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §11-0541, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7718
2019-2020: S5408
2021-2022: S4840

S4363 (ACTIVE) - Summary

Prohibits the issuance of permits authorizing the use of wild animals in circuses or traveling animal acts; excepts a wildlife sanctuary and a facility accredited by the Association of Zoos and Aquariums.

S4363 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4363

SPONSOR: FERNANDEZ
 
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.

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.

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:

2021-2022: S4840 / A5542

2019-2020: S5408 / A3873

2017-2018: S7718 / A8157
 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect December 31, 2024.

S4363 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4363
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 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

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 11-0541 to read as follows:
 § 11-0541. PROHIBITION ON THE ISSUANCE OF PERMITS AUTHORIZING THE USE OF
              WILD ANIMALS IN CIRCUSES OR TRAVELING ANIMAL ACTS.
   1.  THE DEPARTMENT SHALL NOT ISSUE A PERMIT OR LICENSE, INCLUDING, BUT
 NOT LIMITED TO, AN EDUCATION OR EXHIBITION PERMIT OR  AN  ENDANGERED  OR
 THREATENED  SPECIES LICENSE, AUTHORIZING THE EXHIBITION OF A WILD ANIMAL
 IN A CIRCUS NOTWITHSTANDING A VALID UNITED STATES DEPARTMENT OF AGRICUL-
 TURE LICENSE, OR A TRAVELING ANIMAL ACT.
   2. SUCH A PROHIBITION SHALL NOT APPLY TO:
   A. A FACILITY ACCREDITED BY THE ASSOCIATION OF ZOOS AND AQUARIUMS;
   B. A WILDLIFE SANCTUARY.
   3. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "TRAVELING ANIMAL ACT" SHALL MEAN ANY PERFORMANCE OF WILD  ANIMALS
 WHERE  SUCH  ANIMALS  ARE TRANSPORTED TO, FROM, OR BETWEEN LOCATIONS FOR
 THE PURPOSE OF SUCH PERFORMANCE; AND
   (B) "PERFORMANCE" SHALL MEAN ANY EXHIBITION OR PUBLIC SHOWING IN WHICH
 WILD ANIMALS ARE REQUIRED TO PERFORM TRICKS, GIVE RIDES, OR  PARTICIPATE
 AS ACCOMPANIMENTS FOR THE ENTERTAINMENT, AMUSEMENT, OR BENEFIT OF A LIVE
 AUDIENCE.
   § 2. This act shall take effect December 31, 2024.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06973-01-3

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The New York State Senate

senate Bill S4363

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

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S4363 (ACTIVE) - Details

S4363 (ACTIVE) - Summary

S4363 (ACTIVE) - Sponsor Memo

S4363 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4363

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Sponsored By

Nathalia Fernandez

Current Bill Status - In Senate Committee Environmental Conservation Committee

Your Voice

Actions

S4363 (ACTIVE) - Details

S4363 (ACTIVE) - Summary

S4363 (ACTIVE) - Sponsor Memo

S4363 (ACTIVE) - Bill Text download pdf

Comments