STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3517
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2017
                                       ___________
 
        Introduced  by M. of A. ROSENTHAL, MOYA, ENGLEBRIGHT, COOK, ZEBROWSKI --
          Multi-Sponsored by -- M. of A.  GOTTFRIED,  PERRY  --  read  once  and
          referred to the Committee on Economic Development
 
        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-k to read as follows:
     3    § 392-k. 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05351-01-7

        A. 3517                             2
 
     1  any state relating to cruelty to or neglect of an animal  owned,  leased
     2  or  in any way used by the circus, or pled guilty to a charge other than
     3  the animal cruelty or neglect  charge  in  satisfaction  of  the  animal
     4  cruelty or neglect charge, or where the animal cruelty or neglect charge
     5  has  not  resulted in a dismissal on the merits, an application shall be
     6  made by the attorney general in the name of the people of the  state  of
     7  New York to a court or justice having jurisdiction by a special proceed-
     8  ing to issue an injunction, and upon notice to the defendant of not less
     9  than  five days, to enjoin and restrain the defendant from using animals
    10  in a circus within the state for a period not to exceed  two  years.  In
    11  connection  with  any such proposed application, the attorney general is
    12  authorized to take proof and make a determination of the relevant  facts
    13  and  to  issue  subpoenas  in accordance with the civil practice law and
    14  rules.
    15    3. Nothing in this section shall be construed to limit or restrict any
    16  protections afforded to animals under any  other  law,  rule,  or  regu-
    17  lations.
    18    §  2.  This  act shall take effect on the thirtieth day after it shall
    19  have become a law.