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.
TITLE OF BILL: An act to amend the general business law, in relation to the prohibitions on circus performances
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to ensure that only Animal Welfare Act-compliant circuses are conducting business in New York State.
SUMMARY OF SPECIFIC PROVISIONS:
Section One amends the general business law by adding a new section 392-j.
Section Two sets forth the effective date.
The inspection unit of the United States Department of Agriculture (USDA) conducts periodic visits and inspections of both traveling and stationary circuses and other exhibitions where animals serve as entertainment. If the circus is not complying with the Animal. Welfare Act, USDA will deem it in violation or noncompliant and possibly issue fines and conduct follow-up visits.
Circuses have been cited for beating and whipping animals, tying their limbs together to facilitate training, shocking them to ensure compliance, not providing adequate food, water and shelter and for many other reasons, yet these circuses are allowed to continue such treatment and perform night after night.
Under this bill, circuses will be compelled to comply with the basic levels of care and protection chat the Animal Welfare Act demands, or not conducts shows in this state for a period of two years.
PRIOR LEGISLATIVE HISTORY:
To be determined.
This act shall take effect on the thirtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 7336 IN SENATE 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: 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 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 CHARGEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07796-04-4 S. 7336 2
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.