S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4363--A
 
                        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
   --  recommitted  to  the  Committee  on  Environmental Conservation in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06973-03-3
              

 S. 4363--A                          2
 
   (IV) URSIDAE; AND
   (V) WALLABY.
   (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.