A01405 Text:
S T A T E O F N E W Y O R K
________________________________________________________________________
1405
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
___________
Introduced by M. of A. PAULIN, AUBRY, ENGLEBRIGHT -- Multi-Sponsored by
-- M. of A. BUCHWALD, COOK, HIKIND -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to
restricting the use of exotic and wild animals in traveling circuses
and shows
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "traveling
2 exotic and wild animal protection act".
3 S 2. Legislative findings. The legislature finds that:
4 1. traveling circuses and shows are detrimental to animal welfare due
5 to the adverse effects of captivity and transport;
6 2. severe confinement, lack of free exercise, and the restriction of
7 natural behaviors, cause animals used in traveling circuses and shows to
8 suffer and be prone to health, behavioral, and psychological problems;
9 3. tricks that exotic and non-domesticated animals are forced to
10 perform require extreme physical coercion techniques, including the
11 restriction of food, the use of elephant hooks (objects used to control
12 and punish elephants), electric shocks, metal bars, whips, and other
13 forms of physical abuse;
14 4. welfare of animals subject to the conditions in traveling circuses
15 and shows, such as constant travel, limited facilities, long periods of
16 restricted movement, stress, and physical coercion, will inevitably be
17 compromised, which can lead to increased risks to public safety;
18 5. animals in traveling circuses and shows pose an additional risk to
19 public safety because such animals have wild instincts and needs and
20 have demonstrated unpredictability;
21 6. use of collapsible, temporary facilities in traveling circuses and
22 shows increases the risk of escaping exotic and non-domesticated animals
23 seriously harming workers and the public;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04864-01-5
A. 1405 2
1 7. traveling circuses and shows bring people dangerously close to
2 exotic and non-domesticated animals by displaying animals in inappropri-
3 ate, uncontrolled areas that are not suited for the exhibition of such
4 animals;
5 8. it is not possible to provide exotic and non-domesticated animals
6 with facilities sufficient to maintain the optimum physical and mental
7 health of the animals because of the suffering caused to the animals by
8 the nature of traveling circuses and shows, in which restriction of
9 movement, separation from natural groupings, restriction of food and
10 water, and physical abuse are prevalent;
11 9. due to the mobile and transitory nature of traveling circuses and
12 shows, law enforcement authorities cannot properly monitor the condi-
13 tions of the animals or follow up on previous infractions by traveling
14 circuses;
15 10. restricting the use of exotic and non-domesticated animals in
16 traveling circuses and shows is the most cost-effective and efficient
17 way to safeguard both animal welfare and public safety; and
18 11. animal-free circuses like Cirque du Soleil are growing in number,
19 economic impact, and popularity, a testament to an educated public's
20 desire to see humane entertainment.
21 S 3. The agriculture and markets law is amended by adding a new
22 section 352 to read as follows:
23 S 352. USE OF EXOTIC OR WILD ANIMALS IN TRAVELING CIRCUSES AND EXHIBI-
24 TIONS. 1. NO TRAVELING CIRCUS OR SHOW MAY ALLOW FOR THE PARTICIPATION
25 OF AN EXOTIC OR WILD ANIMAL, INCLUDING A NON-HUMAN PRIMATE, IN AN ANIMAL
26 ACT IF, DURING THE THIRTY DAY PERIOD PRECEDING SUCH PARTICIPATION, SUCH
27 ANIMAL WAS TRAVELING IN A MOBILE HOUSING FACILITY.
28 2. THE RESTRICTION UNDER SUBDIVISION ONE OF THIS SECTION SHALL NOT
29 APPLY TO THE USE OF AN EXOTIC OR WILD ANIMAL, INCLUDING A NON-HUMAN
30 PRIMATE:
31 (A) IN AN EXHIBITION AT A NON-MOBILE, PERMANENT INSTITUTION OR FACILI-
32 TY, INCLUDING AN ACCREDITED ZOO OR AQUARIUM;
33 (B) AS PART OF AN OUTREACH PROGRAM FOR EDUCATION OR CONSERVATION
34 PURPOSES BY AN ACCREDITED ZOO, AQUARIUM, OR NOT-FOR-PROFIT CONSERVATION
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