Bill Text: NY S06146 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to prohibitions on certain 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 (Republican 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CONSUMER PROTECTION [S06146 Detail]
Download: New_York-2021-S06146-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6146 2021-2022 Regular Sessions IN SENATE April 12, 2021 ___________ 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 certain 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 certain circus performances. 1. Definitions. 4 As used 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) "Animal welfare act" means the animal welfare act, 7 U.S.C. 2131 13 et seq., and its subsequent amendments, regulations and standards 14 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 adjudicated by an 17 administrative law judge of the United States department of agriculture 18 to have violated its regulations under the animal welfare act pertaining 19 to the care or handling of an animal, 9 CFR section 2.40 or section 20 2.131, or entered into a stipulation, consent decree, or voluntary 21 settlement with the United States department of agriculture pursuant to 22 the animal welfare act, in which it admitted to such a violation or (b) 23 a circus, including its owners, agents, employees, or representatives, 24 was found guilty of violating the law of any state relating to cruelty 25 to or neglect of an animal owned, leased or in any way used by the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09830-01-1S. 6146 2 1 circus, or pled guilty to a charge other than the animal cruelty or 2 neglect charge in satisfaction of the animal cruelty or neglect charge, 3 or where the animal cruelty or neglect charge has not resulted in a 4 dismissal on the merits, an application shall be made by the attorney 5 general in the name of the people of the state of New York to a court or 6 justice having jurisdiction by a special proceeding to issue an injunc- 7 tion, and upon notice to the defendant of not less than fifteen days, to 8 enjoin and restrain the defendant from using animals in a circus within 9 the state for a period not to exceed two years. In connection with any 10 such proposed application, the attorney general is authorized to take 11 proof and make a determination of the relevant facts and to issue 12 subpoenas in accordance with the civil practice law and rules. 13 3. Nothing in this section shall be construed to limit or restrict any 14 protections afforded to animals under any other law, rule, or regu- 15 lations. 16 § 2. This act shall take effect on the thirtieth day after it shall 17 have become a law.
