Bill Text: NY S07336 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to prohibitions on circus performances; prohibits circuses from conducting shows or other performances in the state for one year 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) 2014-05-13 - REFERRED TO CONSUMER PROTECTION [S07336 Detail]

Download: New_York-2013-S07336-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7336
                                   I N  S E N A T E
                                     May 13, 2014
                                      ___________
       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-j to read as follows:
    3    S 392-J. 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
   26  OR IN ANY WAY USED BY THE CIRCUS, OR PLED GUILTY TO A CHARGE OTHER  THAN
   27  THE  ANIMAL  CRUELTY  OR  NEGLECT  CHARGE  IN SATISFACTION OF THE ANIMAL
   28  CRUELTY OR NEGLECT CHARGE, OR WHERE THE ANIMAL CRUELTY OR NEGLECT CHARGE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07796-04-4
       S. 7336                             2
    1  HAS NOT RESULTED IN A DISMISSAL ON THE MERITS, AN APPLICATION  SHALL  BE
    2  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF
    3  NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEED-
    4  ING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS
    5  THAN  FIVE DAYS, TO ENJOIN AND RESTRAIN THE DEFENDANT FROM USING ANIMALS
    6  IN A CIRCUS WITHIN THE STATE FOR A PERIOD NOT TO EXCEED  TWO  YEARS.  IN
    7  CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS
    8  AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT  FACTS
    9  AND  TO  ISSUE  SUBPOENAS  IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
   10  RULES.
   11    3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY
   12  PROTECTIONS AFFORDED TO ANIMALS UNDER ANY  OTHER  LAW,  RULE,  OR  REGU-
   13  LATIONS.
   14    S  2.  This  act shall take effect on the thirtieth day after it shall
   15  have become a law.