The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4005--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced by M. of A. GLICK, BORES, SIMONE -- read once and referred to
   the  Committee  on Environmental Conservation -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting the participation of certain animals in  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. TRAVELING ANIMAL ACTS.
   1.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, NO PERSON SHALL ALLOW
 FOR THE PARTICIPATION OF A COVERED ANIMAL IN A TRAVELING ANIMAL ACT.
   2. 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 THAT WOULD ALLOW FOR THE PARTICIPATION  OF  A
 COVERED ANIMAL IN A TRAVELING ANIMAL ACT.
   3. THIS SECTION SHALL NOT APPLY TO A PERFORMANCE THAT TAKES PLACE AT A
 NON-MOBILE, PERMANENT INSTITUTION OR OTHER FIXED FACILITY, PROVIDED THAT
 THE  COVERED  ANIMAL  IS NOT TRANSPORTED TO THE LOCATION FOR A PERIOD OF
 LESS THAN FOURTEEN DAYS FOR THE SOLE PURPOSE OF A PERFORMANCE.
   4. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "COVERED ANIMAL" SHALL MEAN ANY OF THE FOLLOWING ANIMALS, INCLUD-
 ING HYBRIDS THEREOF:
   (I) FELIDAE, BUT EXCLUDING DOMESTIC CATS;
   (II) KANGAROO;
   (III) NON-HUMAN PRIMATE;
   (IV) URSIDAE; AND
   (V) WALLABY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06973-02-3

 A. 4005--A                          2
 
   (B) "MOBILE OR TRAVELING HOUSING FACILITY" SHALL MEAN  A  TRANSPORTING
 VEHICLE  SUCH  AS A TRUCK, TRAILER, OR RAILWAY CAR, USED TO TRANSPORT OR
 HOUSE ANIMALS WHILE TRAVELING FOR EXHIBITION OR OTHER PERFORMANCE.
   (C) "PERFORMANCE" SHALL MEAN ANY EXHIBITION OR PUBLIC SHOWING, PRESEN-
 TATION, DISPLAY, EXPOSITION, FAIR, ANIMAL ACT, CIRCUS, RIDE, TRADE SHOW,
 PETTING  ZOO,  CARNIVAL,  PARADE,  RACE, OR SIMILAR UNDERTAKING IN WHICH
 COVERED ANIMALS ARE REQUIRED TO PERFORM TRICKS, GIVE RIDES,  OR  PARTIC-
 IPATE  AS ACCOMPANIMENTS FOR THE ENTERTAINMENT, AMUSEMENT, OR BENEFIT OF
 A LIVE AUDIENCE.
   (D) "TRAVELING ANIMAL ACT"  SHALL  MEAN  ANY  PERFORMANCE  OF  COVERED
 ANIMALS  WHERE  SUCH  ANIMALS  ARE  TRANSPORTED  TO,  FROM,  OR  BETWEEN
 LOCATIONS FOR THE PURPOSE OF SUCH PERFORMANCE, IN A MOBILE OR  TRAVELING
 HOUSING FACILITY.
   5.  A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY
 OF NOT MORE THAN ONE THOUSAND DOLLARS.
   § 2. This act shall take effect December 31, 2024.