S T A T E   O F   N E W   Y O R K
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                                 6368--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced by M. of A. ROSENTHAL, MOYA, ENGLEBRIGHT, BROOK-KRASNY, MILL-
  MAN,  COOK,  LAVINE, ZEBROWSKI -- Multi-Sponsored by -- M. of A. GOTT-
  FRIED, WEISENBERG -- read  once  and  referred  to  the  Committee  on
  Economic  Development  --  recommitted  to  the  Committee on Economic
  Development in accordance with Assembly Rule 3, sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

  Section 1. The general business law is amended by adding a new section
392-j to read as follows:
  S 392-J. PROHIBITIONS ON CIRCUS PERFORMANCES.  1. DEFINITIONS. AS USED
IN THIS SECTION:
  (A) "ANIMAL" INCLUDES ANIMALS AS DEFINED IN SUBDIVISION ONE OF SECTION
THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
  (B)  "CIRCUS"  MEANS ANY PERFORMANCE OF ANIMALS WHERE SUCH ANIMALS ARE
TRAINED TO PERFORM SOME BEHAVIOR OR  ACTION  OR  ARE  PART  OF  A  SHOW,
PARADE,  OR  PERFORMANCE.    SUCH  DEFINITION SHALL NOT BE APPLICABLE TO
NOT-FOR-PROFIT CORPORATIONS WHICH HAVE RECEIVED 501 (C)(3) EXEMPT STATUS
FROM THE INTERNAL REVENUE SERVICE.
  (C) "DEFICIENCY" MEANS AN ITEM  NOT  IN  COMPLIANCE  WITH  THE  ANIMAL
WELFARE ACT, 7 U.S.C. 2131 ET SEQ., AND ITS SUBSEQUENT AMENDMENTS, REGU-
LATIONS AND STANDARDS ADOPTED PURSUANT TO THE ACT.
  2.  IF  WITHIN  THE PRECEDING TWO YEAR PERIOD, (A) A CIRCUS, INCLUDING
ITS OWNERS, AGENTS, EMPLOYEES, OR  REPRESENTATIVES,  WAS  CITED  BY  THE
UNITED STATES DEPARTMENT OF AGRICULTURE FOR A DEFICIENCY RELATING TO THE
CARE  OR  HANDLING OF AN ANIMAL, OR RECEIVED AN OFFICIAL NOTICE OF WARN-
ING, OR ENTERED INTO A STIPULATION, CONSENT DECREE, OR  SETTLEMENT  WITH
THE  UNITED  STATES  DEPARTMENT  OF  AGRICULTURE  PURSUANT TO THE ANIMAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07796-03-4
              

A. 6368--A                          2

WELFARE ACT, 7 U.S.C. 2131 ET SEQ., AND ITS SUBSEQUENT AMENDMENTS, REGU-
LATIONS AND STANDARDS ADOPTED PURSUANT TO THE ACT, RELATING TO THE  CARE
OR HANDLING OF AN ANIMAL, OR (B) A CIRCUS, INCLUDING ITS OWNERS, AGENTS,
EMPLOYEES,  OR REPRESENTATIVES, WAS FOUND GUILTY OF VIOLATING THE LAW OF
ANY STATE RELATING TO CRUELTY TO OR NEGLECT OF AN ANIMAL  OWNED,  LEASED
OR  IN ANY WAY USED BY THE CIRCUS, OR PLED GUILTY TO A CHARGE OTHER THAN
THE ANIMAL CRUELTY OR NEGLECT  CHARGE  IN  SATISFACTION  OF  THE  ANIMAL
CRUELTY OR NEGLECT CHARGE, OR WHERE THE ANIMAL CRUELTY OR NEGLECT CHARGE
HAS  NOT  RESULTED IN A DISMISSAL ON THE MERITS, AN APPLICATION SHALL BE
MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE  STATE  OF
NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEED-
ING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS
THAN  FIVE DAYS, TO ENJOIN AND RESTRAIN THE DEFENDANT FROM USING ANIMALS
IN A CIRCUS WITHIN THE STATE FOR A PERIOD NOT TO EXCEED  TWO  YEARS.  IN
CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS
AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT  FACTS
AND  TO  ISSUE  SUBPOENAS  IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
RULES.
  3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY
PROTECTIONS AFFORDED TO ANIMALS UNDER ANY  OTHER  LAW,  RULE,  OR  REGU-
LATIONS.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.