Bill Text: NY A04005 | 2023-2024 | General Assembly | Amended

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Bill Title: Prohibits the participation of certain animals in traveling animal acts; prohibits the department of environmental conservation from issuing permits or licenses allowing participation of certain animals in traveling animal acts; excludes certain permanent performing institutions; imposes a civil penalty not to exceed $1000 for a violation.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced) 2024-01-03 - referred to codes [A04005 Detail]

Download: New_York-2023-A04005-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4005--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 11-0541 to read as follows:
     3  § 11-0541. Traveling animal acts.
     4    1.  Notwithstanding  any other provision of law, no person shall allow
     5  for the participation of a covered animal in a traveling animal act.
     6    2. The department shall not issue a permit or license, including,  but
     7  not  limited  to,  an education or exhibition permit or an endangered or
     8  threatened species license that would allow for the participation  of  a
     9  covered animal in a traveling animal act.
    10    3. This section shall not apply to a performance that takes place at a
    11  non-mobile, permanent institution or other fixed facility, provided that
    12  the  covered  animal  is not transported to the location for a period of
    13  less than fourteen days for the sole purpose of a performance.
    14    4. For the purposes of this section, the following  terms  shall  have
    15  the following meanings:
    16    (a)  "Covered animal" shall mean any of the following animals, includ-
    17  ing hybrids thereof:
    18    (i) Felidae, but excluding domestic cats;
    19    (ii) Kangaroo;
    20    (iii) Non-human primate;
    21    (iv) Ursidae; and
    22    (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

     1    (b) "Mobile or traveling housing facility" shall mean  a  transporting
     2  vehicle  such  as a truck, trailer, or railway car, used to transport or
     3  house animals while traveling for exhibition or other performance.
     4    (c) "Performance" shall mean any exhibition or public showing, presen-
     5  tation, display, exposition, fair, animal act, circus, ride, trade show,
     6  petting  zoo,  carnival,  parade,  race, or similar undertaking in which
     7  covered animals are required to perform tricks, give rides,  or  partic-
     8  ipate  as accompaniments for the entertainment, amusement, or benefit of
     9  a live audience.
    10    (d) "Traveling animal act"  shall  mean  any  performance  of  covered
    11  animals  where  such  animals  are  transported  to,  from,  or  between
    12  locations for the purpose of such performance, in a mobile or  traveling
    13  housing facility.
    14    5.  A violation of this section shall be punishable by a civil penalty
    15  of not more than one thousand dollars.
    16    § 2. This act shall take effect December 31, 2024.