Bill Text: NY S01246 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to prohibitions on circus performances; prohibits circuses from conducting shows or other performances in the state for two years where a circus has been found to be in violation or in non-compliance with the Animal Welfare Act of 1966.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S01246 Detail]
Download: New_York-2015-S01246-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1246 2015-2016 Regular Sessions I N S E N A T E January 9, 2015 ___________ Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to the prohibi- tions on circus performances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The general business law is amended by adding a new section 2 392-k to read as follows: 3 S 392-K. PROHIBITIONS ON CIRCUS PERFORMANCES. 1. DEFINITIONS. AS USED 4 IN THIS SECTION: 5 (A) "ANIMAL" INCLUDES ANIMALS AS DEFINED IN SUBDIVISION ONE OF SECTION 6 THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW. 7 (B) "CIRCUS" MEANS ANY PERFORMANCE OF ANIMALS WHERE SUCH ANIMALS ARE 8 TRAINED TO PERFORM SOME BEHAVIOR OR ACTION OR ARE PART OF A SHOW, 9 PARADE, OR PERFORMANCE. SUCH DEFINITION SHALL NOT BE APPLICABLE TO 10 NOT-FOR-PROFIT CORPORATIONS WHICH HAVE RECEIVED 501 (C)(3) EXEMPT STATUS 11 FROM THE INTERNAL REVENUE SERVICE. 12 (C) "DEFICIENCY" MEANS AN ITEM NOT IN COMPLIANCE WITH THE ANIMAL 13 WELFARE ACT, 7 U.S.C. 2131 ET SEQ., AND ITS SUBSEQUENT AMENDMENTS, REGU- 14 LATIONS AND STANDARDS ADOPTED PURSUANT TO THE ACT. 15 2. IF WITHIN THE PRECEDING TWO YEAR PERIOD, (A) A CIRCUS, INCLUDING 16 ITS OWNERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES, WAS CITED BY THE 17 UNITED STATES DEPARTMENT OF AGRICULTURE FOR A DEFICIENCY RELATING TO THE 18 CARE OR HANDLING OF AN ANIMAL, OR RECEIVED AN OFFICIAL NOTICE OF WARN- 19 ING, OR ENTERED INTO A STIPULATION, CONSENT DECREE, OR SETTLEMENT WITH 20 THE UNITED STATES DEPARTMENT OF AGRICULTURE PURSUANT TO THE ANIMAL 21 WELFARE ACT, 7 U.S.C. 2131 ET SEQ., AND ITS SUBSEQUENT AMENDMENTS, REGU- 22 LATIONS AND STANDARDS ADOPTED PURSUANT TO THE ACT, RELATING TO THE CARE 23 OR HANDLING OF AN ANIMAL, OR (B) A CIRCUS, INCLUDING ITS OWNERS, AGENTS, 24 EMPLOYEES, OR REPRESENTATIVES, WAS FOUND GUILTY OF VIOLATING THE LAW OF 25 ANY STATE RELATING TO CRUELTY TO OR NEGLECT OF AN ANIMAL OWNED, LEASED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02528-02-5 S. 1246 2 1 OR IN ANY WAY USED BY THE CIRCUS, OR PLED GUILTY TO A CHARGE OTHER THAN 2 THE ANIMAL CRUELTY OR NEGLECT CHARGE IN SATISFACTION OF THE ANIMAL 3 CRUELTY OR NEGLECT CHARGE, OR WHERE THE ANIMAL CRUELTY OR NEGLECT CHARGE 4 HAS NOT RESULTED IN A DISMISSAL ON THE MERITS, AN APPLICATION SHALL BE 5 MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF 6 NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEED- 7 ING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS 8 THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE DEFENDANT FROM USING ANIMALS 9 IN A CIRCUS WITHIN THE STATE FOR A PERIOD NOT TO EXCEED TWO YEARS. IN 10 CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS 11 AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS 12 AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND 13 RULES. 14 3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY 15 PROTECTIONS AFFORDED TO ANIMALS UNDER ANY OTHER LAW, RULE, OR REGU- 16 LATIONS. 17 S 2. This act shall take effect on the thirtieth day after it shall 18 have become a law.