Bill Text: NY S05426 | 2017-2018 | General Assembly | Amended

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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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CONSUMER PROTECTION [S05426 Detail]

Download: New_York-2017-S05426-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5426--A
            Cal. No. 591
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 27, 2017
                                       ___________
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
        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    § 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) or 501 (c)(5)
    11  exempt status 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05351-02-7
        S. 5426--A                          2
     1  or handling of an animal, or (b) a circus, including its owners, agents,
     2  employees,  or representatives, was found guilty of violating the law of
     3  any state relating to cruelty to or neglect of an animal  owned,  leased
     4  or  in any way used by the circus, or pled guilty to a charge other than
     5  the animal cruelty or neglect  charge  in  satisfaction  of  the  animal
     6  cruelty or neglect charge, or where the animal cruelty or neglect charge
     7  has  not  resulted in a dismissal on the merits, an application shall be
     8  made by the attorney general in the name of the people of the  state  of
     9  New York to a court or justice having jurisdiction by a special proceed-
    10  ing to issue an injunction, and upon notice to the defendant of not less
    11  than  five days, to enjoin and restrain the defendant from using animals
    12  in a circus within the state for a period not to exceed  two  years.  In
    13  connection  with  any such proposed application, the attorney general is
    14  authorized to take proof and make a determination of the relevant  facts
    15  and  to  issue  subpoenas  in accordance with the civil practice law and
    16  rules.
    17    3. Nothing in this section shall be construed to limit or restrict any
    18  protections afforded to animals under any  other  law,  rule,  or  regu-
    19  lations.
    20    §  2.  This  act shall take effect on the thirtieth day after it shall
    21  have become a law.