Bill Text: NJ A1923 | 2018-2019 | Regular Session | Amended

---

Bill Title: "Nosey's Law"; prohibits use of wild or exotic animals in traveling animal acts.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2018-10-29 - Substituted by S1093 (2R) [A1923 Detail]

Download: New_Jersey-2018-A1923-Amended.html

---

[First Reprint]

ASSEMBLY, No. 1923

STATE OF NEW JERSEY

218th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

 

 

Sponsored by:

Assemblyman  RAJ MUKHERJI

District 33 (Hudson)

Assemblyman  ANDREW ZWICKER

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblyman  JAMEL C. HOLLEY

District 20 (Union)

 

 

 

 

SYNOPSIS

     "Nosey's Law"; prohibits use of elephants and other wild or exotic animals in traveling animal acts.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Agriculture and Natural Resources Committee on May 17, 2018, with amendments.

  

An Act concerning the use of elephants and other wild or exotic animals in traveling animal acts, designated as Nosey's Law, and supplementing Title 23 of the Revised Statutes. 

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     ¹[1.    a.   Notwithstanding any other law, or any rule or regulation adopted pursuant thereto, to the contrary, no person shall use an elephant or other wild or exotic animal in a traveling animal act. 

      b.   Any person who violates this section shall be subject to the penalties provided in section 10 of P.L.1973, c.309 (C.23:2A-10), except that the criminal penalties provided in subsection f. of that section shall not apply.

      c.    As used in this section:

     "Mobile or traveling housing facility" means a vehicle, including a truck, trailer, or railway car, used to transport or house an animal used for performance. 

     "Performance" means any animal act, carnival, circus, display, exhibition, exposition, fair, parade, petting zoo, presentation, public showing, race, ride, trade show, or similar undertaking in which animals perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of a live audience. 

     "Traveling animal act" means any performance which requires an animal to be transported to or from the location of the performance in a mobile or traveling housing facility.]¹

 

     ¹1.   a.    As used in this section: 

     "Mobile or traveling housing facility" means a vehicle, including a truck, trailer, or railway car, used to transport or house an animal used for performance.

     "Performance"  means any animal act, carnival, circus, display, exhibition, exposition, fair, parade, petting zoo, presentation, public showing, race, ride, trade show, or similar undertaking in which animals perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of a live audience. 

     "Traveling animal act" means any performance which requires an animal to be transported to or from the location of a performance in a mobile or traveling housing facility.

     "Wild or exotic animal" means any live animal that is classified into any of the following scientific classifications: 

     (1)   Artiodactyla, excluding domestic cattle, bison, water buffalo, yak, zebu, gayal, bali cattle, suidae, sheep, goats, llamas, vicunas, or alpacas;

     (2)   Camelidae;

     (3)   Canidae, including any hybrids thereof, but excluding domestic dogs;

     (4)   Crocodilia;

     (5)   Elephantidae;

     (6)   Felidae, including any hybrids thereof, but excluding domestic cats;

     (7)   Marsupialia;

     (8)   Non-human primate;

     (9)   Perissodactyla, excluding domestic horses, ponies, donkeys, or mules;

     (10)  Pinnipedia;

     (11)  Ursidae; and

     (12)  Elasmobranchii, excluding rays.

      b.   Notwithstanding any other law or any rule or regulation adopted pursuant thereto, to the contrary, no person shall use a wild or exotic animal in a traveling animal act. 

      c.    Any person who violates this section shall be subject to the penalties provided for in section 10 of P.L.1973, c.309 (C.23:2A-10), except that the criminal penalties provided in subsection f. of that section shall not apply.

      d.   This section shall not apply to:

     (1)   exhibitions at a non-mobile, permanent institution or facility licensed by the United States Department of Agriculture and  permitted by the Division of Fish and Wildlife in the Department of Environmental Protection;

     (2)   outreach programs for bona fide educational or conservation purposes conducted by, or affiliated with, a non-mobile, permanent institution or facility that meets the requirements described in paragraph (1) of this subsection;

     (3)   an institution of higher education exhibiting wild or exotic animals for research or education purposes; or

     (4)   outreach programs conducted by governmental entities.¹

 

     2.    This act shall take effect immediately.