Bill Text: NY S04363 | 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 9-0)

Status: (Engrossed) 2024-06-05 - referred to codes [S04363 Detail]

Download: New_York-2023-S04363-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4363--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 7, 2023
                                       ___________

        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          --  recommitted  to  the  Committee  on  Environmental Conservation in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        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;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06973-03-3
        S. 4363--A                          2

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